The principles of moral and political philosophy

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PRINCIPLES

or

j^mral and ^tAxtSsj^X

1

PHILOSOPHY.

".-t.

WILLIAM PALEY, D.D.

1

Vie iPoitni flmetlcvii, ftont tie Vtielfti CngtiQ* ^nftimt*

niHTSD Foa JOHN WEST, HO. 75, cormhiliti
BY R. LINCOLN.

1 1

40909i

•re

THE RIGHT REVEREND

LORD BISHOP OF CARLISLE-

MT LORD,

JtIaD the obligations which I owe
to your Lordlhip's kindnefs been much lefs,
or much fewer, than they are ; had perfonal
gratitude left any place in my mind for delib-
eration or for inquiry ; in felefting a name
which every reader might confefs to be prefix-
ed with propriety to a work, that, in many of
its parts, bears no obfcure relation to the gen-
eral principles of natural and revealed religion, I
fliould have found myfdf direded by many
confiderations to that of the Bifliop of Carlifle.
A long life fpent in the moft interefting of all
human purfuits, the inveftigation of moral and
religious truth, in conftant and unwearied en-
deavours to advance the difcovery, communis

iv

cation and fuccefs of both ; a life fo occupied^
and arrived at that period which renders every
life venerable, commands refped by a title^
which no virtuous mind will diipute, which na
mind fenfible of the importance of thefe ftudiea
to the fup^eme concernments of mankind will
not rejoice to fee acknowledged* Whatever
difference, or whatever oppofition, fome who
perufe your Lordfliip*s writings may perceive
between your conclufions and their own, the
good and wife of all perfuafions vrill revere
that induftry, which has for its objedi the illuf-
tration or defence of our common Chriftianity.
Your Lordihip's refearches have never loft fight
of one purpofe, namely, tp recover the fimplici-
ty of the gofpel from beneath that load of un-
authorized additions, which the ignorance of
fome ages, and the learning of others, the fuper-
ftition of weak, and the craft of defxgning men»
have (unhappily for its intereft) heaped upon it.
And this purpofe, I am convinced, was didlated
by the pureft motive ; by a firm, and I think a,
juft opinion, that whatever renders religion
inore rational, renders it more credible; that;
he who, by a diligent and faithful examination,
of the original recprds, difmiffes from the fyA
t?m one article which contradicts the appre-^

. t * 3

fienfion, the experience, or the reafoning of
mankind, does more towards recommending
the belief, and, with the belief, the influence of
Chriftianity, to the underftandiiigs and con-*
fciences of ferious inquirers, and through them
to univerfal reception and authority, than can
be efFeded by a thoufand contenders for creeds
and ordinances of human eftabliihment*

When the dodrine of tranfubftantiation had
taken pofleflion of the Ghriftian world, it was
not without the induflxy of learned men that it
came at length to be difcovered, that no fuch
dodrine was contained in the New Teftament.
But had thofe excellent perfons done nothing
more by their difcovery, than aholifhed an in-i
nocent fuperftition, or changed fome dirediona
in the ceremonial of public worfliip, they had
merited little of that veneration, with which
the gratitude of Proteftant churches remembers
their fervices. What they did for mankind
was this : they exonerated Chriftianity of a
\\reight which funk it. If indolence or timidity
had checked thefe exertions, or fupprefled the
fruit and publication of thefe inquiries, is it
too much to affirm, that infidelity would at
this day have been univerfal ?

, I do aot meanV my Lord, by the itientioii of
this example, to iniinuate^ that any popular
opinion which your Lordihip may have en-
countered, ou^ht to be compared with tranfub-
ftantiation, or that the aflurance with which
we rejeA that extravagant abfurdity is attain-^
able in the controverfics in which your Lord-
ihip has been engaged : but I mean, by calling
to mind thofe great reformers of the public
faith, to obferve, or rather to expreis my own
perfuafion, that to reftore the purity, is moil ef-^
&diually to promote the progrefs of Chriftiani<«
ty ; and that the fame virtuous motive which
bath fandified their labours, fuggdled yours*
At a time when fome men appear not to per-
ceive any good, and others to fufpe^ an evil
tendency, in that fpirit of examination and re^
iearch which is gone forth in Chriflian coun-«
tries, this teftimpny is become due not only to
the probity of your Lordfhip's views, but to
the general caufe of ioteUedual wd reUgiou*
liberty.

That your Lordfhip's life may be prolonged
Jn health and honour, that it may continue to
afford an inftrudive proof how ferene and eafy
old age can be made by the memory of import-*
ant and well intended labours, by the po0effion

of public and deferved efteem, by the prefence
of many grateful relatives ; above all, by the
refources of religion, by an unfhaken confidence
in the defigns of a " faithful Creator/* and a
fettled truft in the truth and in the promifes
of Chriftianity, is the fervent prayer of, my
Lord,

Your Lordfhip's dutiful^

Moft obliged.

And moft devoted Servant,

WILLIAM PALEY,

1?R]EFAC]£.

In the treatifes that I have met with upon the fubjeA of
iMraUy I appear to tnyfclf to have remarked the following miper*
fedions— either that the principle was erroneous, or that it wa«
indiftindly explained, or that the rules deduced from it were not
fnfficiently adapted to real life and to a^al fituations. The
writings of Grotius, and the larger work of Puffendorff, are of too
firenfic a caft, too much mixed up with civil law and with the ju-
rifprudence of Germany, to anfwer prccifely the defign of a {jU
tern of ethics — the diredlion of private confciences in the general
condudl of human life. Perhaps, indeed, they are not to be re-
garded as inflitutes of morality calculated to inftnid an individual
in his duty, fo much as a fpecies of law books and law authoritief«
fuited to the practice of thofe courts of juftice, whofe decifions are
regulated by general principles of natural equity, in conjunftioil
with the maxims of the Roman code : of which kind, I under-
ftand, there are many upon the Continent. To which may be
added, concerning both thefe authors, that they are more occupied
in defcribing the rights and ufages of independent communities^
than is necelTary in a work which profefTes, not to adjufb the cof-
refpondence of nations, but to delineate the offices of domeftic life.
The profufion alfo of claffical quotations with which many of their
pages abound, feems to me a fault from which it will not be eafy to
excufe them. If thefe extradis be intended as decorations of ftyle, «
the compofition is overloaded with ornaments of one kind. To
any thine more than ornament they can make no claim. To
propofe them as ferious arguments ; eravely to attempt to eftab-
lifh or fortify a moral duty by the teftimony of a Greek or Ro-
man poet, is to trifle with die attention of the reader, or rather to
take it off from all juft principles oi reafoning in morals.

Of oar own writers in this branch of philofophy, I find none
that I think perfedly free from the three obje^ons which I have
ftated. There is likewife a fourth property obfervable almoft in
all of them, namely, that they divide too much of the law of na-
ture from the precepts of revelation \ fome authors induftriouily
B

X * P R E F A C ^k

declining the mention of fcripture authorities, as belonging to a
different province ; and others referving them for a feparate vol-
ume : which appears to ihe much the fame defed, as if a com-
mentator on the laws of England fhould content himfelf with
dating upon each head the common law of the land, without tak-
ing any notice of a^s of parliament ; or fhonld choofe to give his
readers the common law in one book, and the ftatube law in
another. " When the obligations of morality are taught," fays
a pious and celebrated writer, " let the fandtions of Chriftianity
never be forgotten : by which it will be fliewn that they give
ftrength and luftre to each other : reUgion will appear to be the
voice of reafon, and morality vail be the will of God.'**

The manner alfo in which modem writers haVe treated of fub-
jeds of morality, is in my judgment liable to much exception. It
has become of late a fafhion to deliver moral inftitutes in firings
or feries of detached propofitions, without fubjoining a continued
argument or regular difiertation to any of them. This fenten^
tiolis, apothegmatizing ftyle, by crowding propofitions suid panv-
graphs too fail upon the mind, and by carrying the eye of the
reader from fubje(5b to fubjedt in too quick a fuccelHon, gains not
a fufficient hold upon the attention, to leave either the? meinpry
fumifhed, or the underflanding fatisfied. However ufeful a iy^
Libus of topics or a feries of proportions may be in the hands of a
leflurer, or as a ^uide. to a fiudent, who is fuppofed to confiUt
otlier books, or to militute upon each fubjedl refearches of his own»
.the method is by no means convenient for ordinary readers ; b^
caufe few readers are fuch thinkers as to want only a hipt to fet
their thoughts at work upon ; or fuch as will pa.ufe and tarry at
every proportion, till they have traced out its dependency, proof,
relation, and confequences, before they permit themfelves to fiep
on to another. A refpedlable writer of this cla&f has coinprifed
his dodrine of flavery in the three following propofitions :

** No one is bom a flave, becaufe every one is bora with all his
original rights."

" No one can become a flave, becaufe no one from being a per-
fon can, in the language of the Roman law, beconie a thing, or
fubjcdt of property."

** The fuppofed property of the mailer in the flave, therefore, is
matter of ufurpation, not of right."

It may be poflible to deduce from thefe few adages iuch a the-
ory of the primitive rights of human nature, as will evince the il-
legality of flavery ; but furely an author requires too much of his

• Preface to The Preceptor, by Dr. Johnfon.

f Dr. Fcrgufon, author of " Inftitutes of Moral PhUofophy," j 767.

P M E JP A C E. ax

reader, nvfien he ezpef^s faim to make thefe deda^ions for himfelf ;*
or to ibpply, perhaps from fome remote chapter of the fame trea-
tife, the feveral proofs and explanations whfch are necdTary to
render the meaning and truth of thefe afTertions intelligible.

There is a fault, the oppofitc of this, which fome moralifls who
have adopted a different, and I think a better plan of compofltion*
have not always been careful to avoid ; namely, the dwelling upon
verbal and elementary diftindHons with a labour and prolixity pro-
portioned much more to the fubtlety of the quelb'on, than to its
value and importance in the profecution of the fubje<^. A writer
upon the law of nature*, whofe explications in every part of phi-
lofophy, though always dilRife, arc often very fuccefsfiil, has em-
ployed three long feftions in endeavouring to prove that " permif-
§ons are not laws," The difcuilion of this controvcrfy, however
eflential it might be to dialedic precifion, was certainly not neceffa-
ry to the progrefs of a work defigned to defcribe the duties and ob-
ligations of civillife. The reader becomes impatient when he is
detahied by difqui/itions which have no other objedl than the fet-
ding of terms and phrafes \ and, what is worfe, they for whofe
ttfe ^ch books ar^ chiefly intended, will not be perfuaded to read
them at all.

I am led to propofe thefe ftri<5hires, not by any propenfity to de-
preciate the labours of my predeceflbrs, much lefs to invite a com-
parifon between tlie merits of their performances and my own }
but folely by the confideration, that when a writer offers a book to
the public, upon a fubje^ on which the public are already in pof-
feffion of many others, he is bound by a kind of literary juftice to
infonh his readers, diftinftly and fpecifically, what it is he profeffes
to fupply, and what he experts to improve. The imperfections
above enumerated are thofe which I have endeavoured to avoid
or remedy. Of the execution the reader muft judge : but this
wasthedefign.

Concerning the principle of morals it would be premature to
fpeak ; but concerning the manner of unfolding and explaining
that principle, I have lomewhat which 1 vjrifh to be remarked. An
experience of nhie years in the office of a public tutor in one of the
univerfities, and in tliat department of education to which thefe
chapters relate, afforded me frequent occafions to bbferve, that, in
difcourfing to young minds upon topics of morality, it required
much more pains to make them percieve the difficulty, than to un-
dcrftand the folution ; that, unlefs the fubjeft was fo drawn up to
a point, as to exhibit the full force of an objeftion, or the exaa
place of a doubt, before any explanation was entered upon — in
other words, unlefs fome curiofity was excited before it was at-

• Dr. Ruthcrforth, author of « Inftitutcs of Natural Law/'

231 Jf X S f A e M*

tempted to be iati^edy the labour of the teacher was loft, Wheii
ioformation was not deiired, it was feldom, I foimdy retained. I
have made this obfervation my guide in the following work : that
is, upon each occafion I have endeavoured, before I fu£Eered my^
felf to proceed in the difquifitiony to put the reader in complete
pofTeflion of the queftion ; and to do it in the way that I thought
moil likely to ftir up his own doubts and folicitude about it.

In purfuing the principle of morals through the detail of cafes
to which it is applicable, I have had in view to accommodate
both the choice of the fubjeds, and the manner of handling them»
to the fituations which arife in the life of ai\ inhabitant of this
country, in thefe times. This is the thing that I think to be prin-
cipally wanting in former treatifes ; and perhaps the chief advan-.
tage which will be found in mine. I have examined no doubts, I
have difcuiTcd no obfcurities, I have encountered no errors, I have
adverted to no controverfies, but what I have feen aAually to ex-
ift. If feme of the queftions treated of appear to a more inftru<a-
ed reader minute or puerile, I defire fuch reader to be affured
that I have found them occafions of difficulty to young minds ^
^fid what I have obferved in young minds, I^fhould expedt to.
meet with in all who approach thefe fubje^s for the firft time^
Upon each article of human duty, I have combined with the con-^
clufions of reafon the declarations of fcripture, when they are to.
be had, as of co-ordinate authority, and as both terminating in th^^
fame fandions.

In the manner of iht work, I have endeavoured fo to attemper
the oppofite plans above animadverted upon, as that the reader
may not accufe me either of too much hafte, or too much delay.
I have beftowed upon each fubje^ enough of difTertatioh to give a
body and fubftance to the chapter in which it is treated of, as well
as coherence and perfpicuity : on the other hand, I have feldom, I
hope, exercifed the patience of the reader by the length and pro-j
lixity of my e/Tays, or difappointed that patienc? at laft by the
tenuity and unimportance of the conclufion.

There arc two particulars in the following work for which
it ipay be thought neceffary that I (hould offer fome excufe. The
firft of which is, that I have fcarcely ever referred to any other
book, or mentioned the name of the author whofc thoughts, and
fomedmes, poffibly, whofc very expreffions I have adopted. My
method of writing has conftantly been this ; to extract what I
could from my own ftores and my own reflexions in the firfl
place ; to put down that ; and afterwards to confult upon each
iubjedt fuch readings as fell in my way : which order, I am con-
vince4» is the only one ivhercby any perfon can keep his thoughts^
from Aiding into other men's trains. The effedl of fuch a plan
upon the production itfelf will be, that, tvhilft foi^e parts i^ ;nat^

p ^ B f A c s, jdii

ftr or maimer may Ix new» others will be little dfe tliaii a repetf«
tion of the old. I make no pretenfions to perfed originality : I
claim to be fbmething more than a mere compiler. Mndi no
flonbt is borrowed ; but the fad is, that the notes for. this worl^
haying been prepared for fome years, and fuch things having been
from time to time inferted in them as appeared to me worth pre-
ferving, and fuch infertions made commonly without the name of
the author from whom they were taken, I fhould» at this time,
have found a difficulty in recovering thefe names with fufficient
cxadnefs to be able to render to every man his own. Nor, to
fpeak the truth, did it appear to me worth while to repeat the
fearch merely for this purpofe. When authorities arc relied up-
on, names muft be produced : when a difcovery has been made
in fcience, it may be unjuft to borrow the invention without ac-
knowledging the author. But in an argumentative treatife, and
upon a fubjed which allows no place for difcovery or invention,
properly fo called ; and in which all that can belong to a writer
is his mode of reafbning, or his judgment of probabilities ; I
ihould have thought it fuperfluous, had it been eafier to me than
it was, to have interrupted my text, or crowded my margin, with
references to every author whofe fentiments I have made ufe of.
There is, however, one work, to which I owe fb much, that it
would be ungrateful not to confefs the obligation : I mean the
writings of the late Abraham Tucker, Efq. part of which were
publifhed by himfelf, and the remainder iince his death, under
the title of " The Light of Nature purfued, by Edward Search,
£fq." I have found in this writer more original thinking and
obfervation upon the feveral fubjedls that he has taken in hand,
than in any other, not to fay, than in all others put togeth-
er. His talent alfo for illudration is unrivalled. But his thoughts
are di^[ufed through a long, various, and irregular work. I ikall
account it no mean praife, if I have been fometimes able to dif*
pofe into method, to colled into heads and articles, or to exhibit
in more compad and tangible maffes, what, in that otherwiie
excellent performance, is i^read over too mudv furface.

The next circumilance for which (bme apology may be expect-
ed, is the joining of moral and political philofophy together, or
the addition of a book of politics to a fyftem of ethics. Againft
this objeftion, if it be made one, I might defend myfelf by the
example of many approved writers, v3io have treated de officns
hominis et ciw, or, as fome choofe to exprefs it, " of the rights
and obligations of man, in his individual and focial capacity," in
the fame book. I might allege, alfo, that the part a member of
the commonwealth fliall take in political contentions, the vote he
ftall give, the counfels he fhall approve, the fupport he fhall af-
Jprd, or the oppofition he fhall make,, to any iyftem of public

KlV F R S F A a S*

neafores-^is as much a queftion of pcrfonal doty, as much con*
cems the confcience of the indiridual who deliberates, as the de-«
tennination of any doubt which relates to the condudk of private
Kfe ; that confequently political philofophy is, properly fpeaking*^
a continuation of moral philofophy ; or rather indeed a part of
it, fuppofing moral philofophy to have for its aim the information
df the human confcience in every deliberation that is likely to
come before it. I might avail myfelf of thefe excufes, if I want-
ed them ; but the vindication upon which I rely is the folio-wing.
In ftating the principle of morals, the reader will obfeive that X
have employed fome induftry in explaining the theory, and fhew-*
ing the ncceffity of general rules ; without the full and conftant
confideration of which, I am perfuaded that no fyftem of moral
philofophy can be fatisfaftory or confident. This foundation be^
ihg laid, or rather this habit being formed, the difcuffion of po*
litical fubjefts, to whichj more than to almoft any other, general
"riiles are applicable, became clear and eafy. Whereas, had thefe
topics been affigned to a diilinft work, it would have been necedk'*
17 to have repeated the fame rudiments, to have eftablilhed over
again the fame principles, as thofe which we had already exempli-*
fied, and rendered familiar to tlie reader, in the former parts of
this* In a word, if there appear to any one too great a diverfity>
or too wide a diftance, between the fubjedls treated of in the
conrfe of the prefent volume, let him be reminded, that the doc%
trine of general rules pervades and connefts the whole.

It may not be improper, however, to admonifh the rtader, that^
under the name oi politics ^ he is not to look for tliofe occafional
controvert es, which the occurrences of the prefent day, or any
temporary fituation of public affairs, may excite ; and moft of
which, if not beneath the dignity, it is befide the purpofe of a j^-
lofophical inftitution. to advert to. He will perceive that the fcv^
eral difquifitions are framed with a reference to the condition of
this country, and of this government : but it feemed to me to be-
long to the defign of a work like the following, not fo much to
dilcufs each altercated point with the particularity of a political
pamplilet upon the fubjedt, aS to deliver thofe univerfal principles,
and to exhibit that mode and train of reafoning in politics, by thd
due application of which every man might be enablcd^to attain to
juft conclufions of his own.

I am not ignorant of an obje<5lion tjiat has been advanced againft
all abflradl ipeculations concerning the origin, principle, or limi-
tation of civil authority ; namely, that fuch fpeculations poiTefs
little or no influence upon the conduft either of the ilatc or of the
fubjcdt, of the governors or tlie governed ; nor are attended with
any uieful coniequences to either; that in times of tranquillity thej-

f n £ F d c i^ kit

%X^ f^t wanted $ iii times of confufion they are never heard. Ttut

ffprefentation however, in my opinion, is not juft. Times of tu«

^ult, it is true, are not the times to learn ; but the choice which

inen make of their fide and party, in the moil critical occaiions df

the commonwealth, may neverthelefs depend upon the leiTons they

have received, the books they have read, and the opinions thej

iiave imbibed, in feafons of leifure and quiemefs. Some judicious

perfons, who were prefent at Geneva during the troubles which

lately cpnvulfed that city, thought they perceived, in the conteiw

tions there carrying on, the operation of that political theory,

which the writings of RouiTeau, and the unbounded efleem in

which thefe writings are held by his countrymen, had diffufed

amongft the people. Throughout the political difputes that have

Within thefe few years taken place in Great Britain, in her fifter

kingdom, and in her foreign dependencies, it was impodible not to

obferve, in the language of party, in the refolutions of popular

meetings, in debate, in converfation, in the general ftrain of thofe

fugitive and diurnal addrefTes to the public which fuch occafions

call forth, the prevalency of thofe ideas of civil authority which

are difplayed in the works of Mr. Locke. The credit of that

great'name, the courage and liberality of his principles, the fkill

and cleamefs with which his arguments are propofed, no lefs than

the weight of the arguments themfelves, have given a reputation

and currency to his opinions, of which I am perfuaded, in any

unfettled ftate of public affairs, the influence would be felt. As

this is not a place for examining the truth or tendency of theiie

do^hines, I would not be underftood, by what I have faid, to ex-

prefs any judgment concerning either. I only mean to remark,

that fuch dodrines are not without effed ; and that it is oi praSi-'

cai importance to have the principles from which the obligations

of focial union, and the extent of civil obedience are derived,

rightly explained and well underftood. Indeed, as far as I have

obferved, in political, beyond all other fubjedls, where men arc

without fome fundamental and fcientific principles to refort to,

they are liable to have their underftandings played upon by cant

phrafes and unmeaning terms, of which every party in every

country poflefs a vocabulary. We appear aftonifhed when we

fee the multitude led away by founds ; but we (hould remember,

that, if founds work miracles, it is always upon ignorance.

The influence of names is in exaft proportion to the want of

knowledge.

Thefe are the obfervations with which I have judged it expedi-
ent to prepare the attention of my reader. Concerning the pcr-
fonal motives which engaged me in the following attempt, it is not
neceflary that I fay much ; the nature of my academical lituation,
a great deal of leifurc fince my retirement from it, the reconi-

%V1 P R E P A C £i

mendation of an honoured and excellent fiiend, the sindiority of
the venerable prelate to whom thefe labours are infcribedy the not
perceiving in what way I could employ my time or talents better^
and my difapprobation in literary men of that faftidious indolence
which fits ftiU becaufe it difdains to do Btle^ were the coniider-
ations that directed my dioughts to this defign. Nor have I re-
pented of the undertaking. Whatever be the fate or reception of
this work» it owes its author nothing. In ficknefs and in health
I have found in it that which can alone alleviate the one, or give
enjoyment to the othcr«-occupation and engagement*

CONTJE^rS.

BOOK L

^KHLIMINA&T CONtlDERAtlOKS* ^

t. Defifiitjoti and life of the Science - - * st

ll. The Law of Honocr ibi<L

IIL The Law of the Land . . ^ « . 24

iV. The Scriptures .».-.*. a<

V. The Moral Senfc • *. • ^ * • jg

VL Human Happinefi ••«.«.. 56

VIL Virtue ^ - * - - - - - 4S

BOOE IL

ftlORAIr OBLIQATIOW.

L The Qttcftioii, Why am I obliged to keep my Word i

confidered - - - - - - - jS

IL What we mean, when we fay a man fa obliged to do a

Thing . • 57

IIL Hie Queftion, Why atn I obliged to keep my Word ?

refumed - - - « » • . 59

IV. ThcWiUofGod 6i

V. The Dirine Benevolence - . - . • 6j

VL Utility 66

VIL The Neceffity of General Rules .... 68
VIILThe Confideration of General Confequences purfued 70

IX. Of Right ^73

X. The r*rifioh of Rights 75

XL The General Righu of Mankind ... 80

BOOK IIL

RELATIYB DUTIES*
FART L-— OP RELATIVE DUTIES WHICH ARE DSTERMIlTATt.

L Of Property 87

II. The Ufeofthelnftitution of Property . - 1 88

III. The Hiftory 'of Property - - - j. . 90

IV. In what the Right of Property is founded - - 9a

V. Promifes --------97

VL Contrafts ...««««, 109

C

CHAPt fAOt^

VII. ContraftsofSale no

VIILContraas of Hazard - , - • - -iij

IX. Con trads of lending inconfumable Property • 115

X. Contrafts concerning the lending of Money - - 117
XL Contracts of Labour — Service - - - - 121
XII. Commiffions - - - - i»j
XIIL ■ ■ Partnerfhip .... 128

JCIV Offices 129

XV* Lies •-•-..... 132

XVL Oaths . - - . r • - - 136

XVIL Oaths in Evidence - -. - - - - 141

XVIIL Oaths of Allegiance - - - - - 143

XIX. Oath againft Bribery in the Eledion of Members of Par-

liament - • - • * - - 14^

XX. Oath againft Simony - - - - .147
XXL Oaths to obferve local Statutes - - - 156
XXIL Subfcription to Articles of Religion - - - 151
XXIILWilli . ij'j

BOOK m.

PART IL^^F RELATIVE DUTIES WHICH ARE INDETERM IMATB,
AK^D OF THE CRIMES OPP.OSED TO THBSE^

I, Charity - - 159

II. Charity — ^The treatment of our Domefticsand Depen- *

dents -----*-- 160

IIL Slavery 16^

IV- Charity — Profeffional Affiftance . - * - 164

V. Charity — Pecuniary Bounty - -» - - 167

VL Refentment ---•^-- 176

VII. Anger ibid.

VIIL Revenge - - - 7 - ... 179

IX. Duelling 183

X. Litigation - • - - - - - i86
XL Gratitude .----^- ^^
XIL Slander . . • ^ ^ • • i^j

B O O K m.

PART IIL— OF RELATIVE DUTIES WHICH RESULT FROM THE
CONSTITUTION OF THE SEXES, AND OF THE CRIMES OPPOSITE
TO THESE.

I. Of tlie^public Ufe of Marriage Inftitutions * 19^4

IL Fornication - - - - - - ? ic>6

IIL Sedudtion .-,-,-. 201

I'V. Adultery - 204

V. Inceft ^ - 208

COKTEIfrs. xU

CHAFf PAGE.

VI. Polygamy *---•.- 209

.VIL OfDivorcc *.-.... 213

VIIL Marriage --.-•.-.231

IX. OftheDuty of Parent* 224

X. The Rights of Parents - . - • . 237

XI. The Duty of Children .... .239

B O O K IV,

' DI7TIB8 TO OURSELVES, AND THE CRIMES QPPOSITK TO THISK.

L The Rights of Self-Defence - - - - 344

II. Drunkeimefs - - - - - ' - 247

IIL Suicide -:---?•:• 25,^

BOOK V,

DUTIES TOWARDS OOQ.

L Divifion of thefe Duties • - - - jjg
il. Of the Duty and oiFthe Efficacy of Prayer, fo far as

the fame appesu- from the Light of Nature - 260
JII. Of the Duty and Efficacy of Prayer, as reprefented

in Scripture --.--. 266!

IV. Of private Prayer, family Prayer, and public Worfliip 269

V- Of Forms of Prayer in Public Worihip - - 27 j

VI. Ofthe Ufe of Sabbatical Inftitutions - - 281

VII. Of the Scripture Account of Sabbatical Inftitutions 283

VIII. By what Adts and Omiffions the Duty of the Chriftian

Sabbath is violated ..... 295

{X« Of reverencing the Deity, r % ^ r ZQ7

B O O K VI.

* Ef'ElilENTS OF POLITICAL KNOWIEPOB^

I. Of the Origin of Civil Government - •» 305

II. How Subje6tion to Civil Goyemment is maintained 309

III. The Duty of Subn^iffion to Civil Government explained 3 1 5

IV. O^ die Duty of Civil Obedience, as ftated in the

Chriftian Scriptures - - - m . 327

V. Of Civil Liberty 335

VI- Of different Forms of Govenunent ... 340

VII. Of the Britifh Conftitution .... 349

VIII. Of the Adminiftration of Juftice ... 374

IX. Of Cnmes and Punifhments - - : . 39 jj

X. Of Religious Eftablifliments, and of Toleration - 415

XI. Of Population and Provifion ; and of Agriculture

and Commerce, as fubfervient thereto - - 440

XII. Of War, and of Military Eftablilhmcnts - - 477

Sam

BOOK I.

mSrclintinaru Considtraiioiu*

MB

DEFttTmON AND USE OF THE SCIEWcL '

IVlORAL FHILOSOFHT^ Md^ty, Sdu
its, G^iftry, Natural Law, mean aH tk^ fiiine thing ;
toamdy. That SciefUi ubkk tMcbii mm timr dutff atid
ibe reafoHs fff it.

The Qfe of Aich a fttidy depends tt]^ this, that,
without it, the rules of life, by which men are ordi^
narihr governed, Oftentimes miflead them, througk
a deted eithek* in the iruk, or in the ai^cition.

Thefe rules are, the Law of Hcmour, the Law o£
the Land> and the Setiptures.

THE LAW OF HONOUIL

The Law of Honour k a fyftem of rules cob*
ftru^ed by people of falhion, and calculated to £a«
dlitate their intercottrlie with one another j and iat
no other purpoie.

D

^4 ^^^ L^*^ ^f ^^^ Land*

ecfttSBopaaStf-j writasagiB adfcatcd tcrby the iast
of Honour, but what tends to incommode this in-
tercourfc.

'ffeflce; tWf law dnly pieferibes and regulates tke
duties betwixt equals ; omitting fuch as relate to the
Supreme Being, as well as thofe which we owe to
our in%riors*

For whicfi VealbnV profanexiefs, negled of public
worfhip or private devoticm^^^ijplty to fervants,
rigorous treatment of tenants or other dependants^
want of charity to the poor, injuries done to traded
men by infolvencyyor delay pf payment, with num*
berleis examples gs*- the fame Idnd, are accounted no
bri^aches of honour j becaufe a man is not a lefs
agreeable comtpMHon lor- thefe vices, nor the woife
to deal with, m thdtb concerns which ^eufually
tiikdlaAe4 bKWe^tt one gcpdemtn, and another.

Jkfpimp U»e i^»f fkf Honour }mng conftituted by
tnen wi»pi«A \m ii^JBmtimtisd yle^ure, aod for thif
mutual conveniency of fuch men, will be found, a<
pugbt be )C«pciicyl ficpof ti» ck^^Si^ v^d 4efign of
tke Uw*0iAk^r9* to be, in:&]uDft.iiiftance8» .£)vQwa})l9
W the fic^Blioiis indulgeiiGe of the natural pai&opa* -

Tbw it allows of foriHcsttippy ^duitfry, ^makeiv;
tc<% pdP<}iigaHt}^4tttlUiig> aQd of reyf agp ia tbe.^x-
treme ; and lays no ftr.^fa upon the virtites 4^pp6ft|
to thefe.

IHBJt-AW C8t THE LAND.

LhaT pact of mankind who are beneath the
Law of Honour, often make the Law of the Land
the rufe of life ; that is, they are fctisfied with
thertricfvesi'fo^ongtw they do or omit nothing, for
the doing or omitting of which the Law can punlfli
them.

Tbe.iLmm ^be land. 45

Whereas every fyftem of human Laws, confidered
as a rule of life, labeurs under tJMs two following
defeifb:

L Human Laws omit many* duticT, as not objefts
of compulfion ; fuch as piety to God, bounty 4o the
poor, forgivenefs of injuries, education of children,
gratitude to benefaftors. * •

The Law never fpeaks but to command, nor com^
mands but where it can compel ; confequently thofe
duties, which by their nature muft be voiuntaryy are
left out of the ftatute-book, as lying beyond th4
reach of its operation and authority.

n. Human Laws permit, or, which is the fitmt
thing, fuffsr to go unpunilhed, many crimes, becauft
they are incapable of being defined b^ asy previous
ddfcription-^-Of which natuce is luxury^ prodigaKty,
partiality in voting at diofe leledions vsk ^ich th€
qualification of the candidate ought to deternoine
^ fuccefe, caprice in the di^ofition of men's fori
tunes at their death, difre^ieft to parents; and a imyU
tkude of fimihr exam|des.

' For this is the alternative ; either the Law muft
ikSsat beforehand and with precifion theoffisncel
which it puniihes, or it muft be le£t to the difcrttkn
of the magiftrate to determine upon each particular
fttcufation, whether it <x>nfiitut€ft that offence whic^
the Law defigned to puniih, or not ; which is in ef-
fed leaving to the magiftrate to puni& or not to
puni&, at bis pleafure, the individual who is brought
before him; which isjuftfo much tyranny. Where,
therefore, as in the infiances above-mentioned, the
difliadion between right and wrong is of too fubtile,
or of too fixret a nature, to be alcertained by any
|ireconoerted lan^age, the law of moft countries^
t^eciafiy of free ftates, rather than commit the V^
trty otf the ^bjcA to the difcrctioo of the magi£.
trftte, leaves men in foch cafes to themfelves.

t$ thiSerifimSi^

Cfjaiitet IV.

THE SCRIPTURES.

Whoever e^pe^ts to find in the Scripture*
% fpecific diredtion for every moral doubt that arifes.^
looks for more thaa he will meet with. And to
what a magnitude fuch a detail of particular pre^
cepts would have enlarged the facred volume, may
lije partly underilood from the following confidera-
lion. The laws of this country, including the aA^
of the leeiflature and the decifions of our fupreme
courts of juftice, are not contained in fewer than
fifty folio volumes ; and yet it is not once in ten
attempt^ that you can find the cafe you look for, in
any law-book whatever ; to fay nothing of thofe
numerous jpoints of conduA, concerning which the
bw profefles not to prefcribe or determine any
thing. Had then the ^me paiticularity, which ob-
tains in human laws fo izx as they go, been attempts

- ed in the Scriptures, throughout the whole extent
of morality, it is manifeft, they would' have been by
much too bvdky to be either read or circulated ^ or

* rather, aa St. John fays, ^^ even the world itfelf could
not contsun the boo]s3 that ihould be written/'

Morality is taught in Scripture in this wife. Gcn^
eral i^ules arc laid down of piety, jufiiice, benevo«
lence, and purity ; fuch as worfhippmg God in fpir-
it and in truth ; doing as we would be done by ;
loving ouF neighbour asourfelf; forgiving others^
as we expeft forgivenefs from God ; that mercy it
better than fiicrince ; that not that which entereth
into a man (nor, by parity of r^afon, any ceremoniv
al pollutions) but that which proceedeth from th^
heart, defileth him, Thefe rules are occafionally U^
l)ifirated, either hy f£litious eMmpUsj as in the para*-
bleof the good Samaritan; and of the cruel fer*
vanty who refufed to his fellow-fervant that indul*

Tie Sirtftum. ^j

genee and compaffion which his mafter Had ihewa
to him : or in in/iances which aSually prejented them^
felves^ as in Chrift's rq)roof of his difapks at tht
Samaritan village ; his praife of the poor widow;
who caft in her laft mite ; his cenfure of the Phari*
fees who chofe out the chief rooms — ^and of the tra^
dition, whereby they evaded the command to fuf*
tain their indigent parents : or lajlljy in the refoluHon
rfquejlions^ which fhofe who were (Aoui our Saviour prO'
pofed to him^ as in his anfwer to the young man who
a&ed him, " What lack I yet ?*' and to the honeft
icribe who had found out, even in* that age and
f ountry, that ** to love God and his neighbour was
more than all whole bvrnt-ofierings and facrifice/*

And this is in truth the way in which all pradi«
cal fciences are taught, as Arithmetic, Grammar,
Navigation, and the like, kuks are laid down,
and examples ajre fubjoined ; fiot that thefe exam«>
pies are the cafes, much lefs all the ca&s which will
aftually occur, but by way only of explaining the
principle of the rule, and as fo many 4>ecimens of
the method of applying it. The chief difference is^
that the examples in Scripture are not annexed to
the rules with the didadic regularity to vhich we
are now-a-days accuftomed, but delivered dili>erfed«
iy, as particular occafions fuggcfted them ; whicH
gave them, however, efpecially to tliofe who heard
them, and were prefent to the occaiions which pro.
duced them, an ener^ and perfyafion, much be^
yond what the fame or any inftances wo\il4 have
appeared with, in their places in a fyftem,

Befide this, the Scriptures commonly preflippofe.
in the perfons to whom they fpeak, a knowledge ot
the principles of natural juuice ; and are employed
not fo much to teach new rules of morality, as to
enforce the praSice of it by new l^dions, and by i
rreater certainty : which laft feems to be the proper
pufinds of a revelation front God^ and what wa«
inoft wanted*

«« Tie Mora Setfe.

' Thus tHe ^ Imjufty covenant bresdctn, and extoiv
tioncrs/' arc condemned in Scripture, fuppofihg it
ienown, or leaving it, where it admits of doubt, to
moraUfts to determine, what iiijuftice» extortion, or
breach of covenant, is.

The above coniiderations are intended to provft
that the Scriptures do not fuperfede the uiie of the
fcience of which we profefs to treat, and at the fame
time to acquit them of any charge of imperfe^on
or infuificiency on that account.

cc >

CJaptet v^

THE MORAL SENSE.

1 HE father of Caius Toranius had been pro-
fcribed by the triumvirate. Caius Toranius j coming
pver to the intcrefts of that party, difcovered to the
officers, who were in purfuit of his father's lifq, the
place where he concealed himfelf, and Rzvt them
jidthal a defcription, by which they might cuftinguifli
{US perfon when they found him. iTic old man,
more anxious for the fafety and fortunes of his fon,
tJian about the little that might remain of his own
Ufe, began immediately to inquire of the officers who'
Ij^iKd him, whether his fon was well, whether he
had done his duty to the fatisfadion of his generals.
That fon, replied one of the officers, fo dear to thy
affe^lions, betrayed thee to us ; by his information
thou art apprehended, and dieft. The officer with
Ibis ftruck a poniard to his heart, and the unhappy
parent fell, not fo much affefted by his fate, as by the
means to which he owed it."*

^ • •• Cum T«>ratii\i8 tpiumvirum partes fccutus, profcriptl patris uti pribtorS
et ormiti viri latebrsis, aiatein notafque corporit« quibut agnofci poflet, c«n«
turionibus edidh, qui cum perfccuti funt. Scncx de filli magis vita, et iocrOK^
Mentis, quam dc rcliquo fpiritu fuo foUicttus; an incolumis cffct, et an im-
peratoribue fatisfaceret, interrn^j^are cos ccepit. Eqnibus upus : ab illo, iiiqtnt»
quern tantopere diiigis, dcmonflratus, nofiro miniitreio, filii indiciooccidcris;

^NoVthe qteftion b, vliether, if th& ftorjr vircre
related to the wild hay, caught fomc years ago in
ttie woods of Hanover, or to a (avage without expe-*
lieoce, and without inftruciion, cut o£F in bis infaa-
cy from all iatercourfe with his fpecies^and confer
quently^ under no poflible influence of eiumple, au«
thority, education^ fympathy, or habit ; whether, I
£17, fudb a one would feel, upon the relation, any
degree of tbai fsntiment of difapprobatian rf Toranim*
conduS which we feel, or not. ,

They who maintain the e:dftence of a moral feniie
~K)f innate masums — of a natural conicience — ^that
the love of virtue and hatred of vice are inftindivc
— Kxr the percqptioncf right and wrong intuitive (all
which are only difierent ways of expreifing the faint
opinioD) affirm that he would.

They who deny the exiilence of a moral fenfe, &c*
affirm that ho would not.

And, upon this, iflne is joined* >

Jl» the experiment has never been made, and from
the difficulty of procurine afubjeft (not to mention
the impoffibility of propofing the queftion to him, if
we had one) is never likely to be made, what woukt
be the event, can only be judged of from probaUt
reaioDs.

Tfaofe who contend for the affirmative, obferre,that
we approve examples of generofily^gra^titude, fiddi-
ty, &c. and condemn the contrary, inllantly, without
ddiberation, without having any intereft of our own
concerned in them ; ofttimes without being con^
£dous of, or able to give, any reajbn for our appro«>
bation ; that this aj^rcAnttion is uniform anduniver-
ifld ; the &me forts x>f condud being approved or
difapproved in all ages and countries of the world—*
circumilances, &y they, which ftroogly indicate the
operation of an infdnd or moral fenfe.

procittufque pe^s cjui gladio tra|ccit« CoUapf» itaquc eft4&fellx, audoxv
€sdis,quam ipfa czde, jDUerior."

« . Vai.b«. Max. lib. IX C^ip. 11* .

!• the Morat Senfik

On the other hand, anfwers have been ^en td
moft of thefe arguments, by the patrons of the oppo^
fitefyftem: and,

Flrft, as to the uniformity above alleged, they con-t
trovert the faft. They remark, from authentic aoi
counts of hiftotians and travellers, that there is fearce*
ty a fingle vice, which in fome age or country of the
world has not been countenanced by public opinion 3
that in one country it is efteemed an office of piety
in children to fuftain their aged parents, in another
to diijpatch them out of the way ; that fuidde in one
age ot the wor}d, has been heroifin, is in another fd*
ony ; that theft, which is puniihed by moft laws^
by the laws of Sparta viras not unfrequently reward-
ed ; that the promifcuous commerce of the iexes, al^
though condemned by the regulations and cenfure
of all civilized nations, is pradifed by the favages of
the tropical regions, without referve, compundion^
or diferace ; that crimes, of which it is no longer
permitted us even to fpeak, have had their advocates
among the fages of very renowned times ; that, if
an inhabitant of the pomhed nations of Europe is de«
lighted with the appearance, wherever he meets
With it, of hapfttiiefs, tranquillity, and comfort, a
wild American is noleis diverted with the writhings
ind contortions of a vidim at the fiake ; that even
amongft ourfdves, and in the prefent improved ftate
of moral knowledge, we are nr from a perfeA con«
fent in our Opinions or feelinn ; that you ihall hear
duelling akernatdy reprobated and applauded, accord^
ing to the fex, age, or ilation of the perfon you con**
verfe with ; that the forgivenefs of injuries and infulta
is accounted by one fort of people magnanimity, by
another, meannefs ; that in the above mftances, and
perhaps in moft others, moral approbation foUowa
the fafhions and inftitutions of the country we live
in ; which faihions alfo, and inftitutions themfdves^
nave grown out of the exigencies, the climate, fitu-
ation, or local drcumftances of the country ; or

Tie Moral Senfe. 31

nave been fet up by the authority of an arbitrary chief*
tain, or the unaccountable caprice of the multitude
7— all which, they obferve, looks very little like the
fteady hand and indelible charafters of nature. But,

Secondly, becaufe, after thefe exceptions and abate-
ments, it cannot be denied, but that fonie forts of
adions command and receive the efteem of mankind
more than others ; and that the approbation of them
is general, though not uniyerfal : as to this they fay,
that the general approbation of virtue, even in in-
ftances where we have no intereft of our own to
induce us to it, may be accounted for, without the
affiftance of a moral fenfe : thus,

^ Having experienced, in fome inilance, a particu-
lar conduft to be beneficial to ourfelves, or obferved
that it would be fo, a fentiment of approbation rife*
iip in our minds, which fentiment afterwards ac-
companies the idea or mention of the fame conduft,
^though the private advantage which firft excited
it no longer exift.**

And this continuance of the paffion, after the rea-
foh of it has ceafed, is nothing more, fay they, than
what happens in other cafes ; efpecially in the love
of money, which is in no perfon fo eager, as it is
oftentimes found to be in a rich old miler, without
family to provide for, or friend to oblige by it, and
to whom confequently it is no longer, (and he may
be feniible of it too) of any real ufe or value : yet
IS this man as much overjoyed with gain, and mor-
tified by loiTes, as he was the firft day he opened his
Ihop, and when his very fubfiftence depended upon
his fuccefs in it.

By thefe means, the cuftom of approving certain
aflions commenced ; and when once fuch a cuftom
hath got footing in the world, it is no difficult
thing to explain how it is- tranfmitted and continu-
ed ; for then the greateft part of thofe who approve of
virtue, approve of it from authority, by imitation,

E

3^ ^he Moral Serf it

and from a habit of approving fiich ahdfucti a^iofts^
inculcated in early youth, and receiving, as men

g-owup, continual acGeffions of ftrength and vigour,
om ccnfure ahd encouragement, nrom the books
they read, the converfations they hear, the current
application of epithets, the general turn of language,
and the various other caufes, by which it univerlal-
ly comes to pafs, that a fociety of men, touched ifi
the feebleft degree with the fame pailion, foon com-
municate to one another a great dcfgree of it.*
This is the cafe with moft of us at prefent ; and is
the caufe alfo, that the proce/s of affbciation^ defcribed
in the laft paragraph but one, is little now either per-
teived or wanted,

Amongft the cauf^ affigned for the continuance
and difiuhon of the fame moral fentimcnts amongft
mankind, we have mentioned imitation. The effica-*
cy of this principle is moft obfervable in children ;
indeed, if there be any thing in them which defervcs
the name of an in/linhy it is ihtit propenjity to imitation.
Now there is nothing Which children imitate or ap-
J)ly more readily than expreffions of affeftion and
averfion, of approbation, hatred, refcntment, and the
like ; and when thefe paffions and expreffions are
once connefted, which they foon will be by the fame
affociation which unites words with their ideas, the
paffion will follow the cXpreffion, and attach upon
the objeft to which the child has been acciiftomed to
apply the epithet. In a word, when almoft every
thing elfe is learned by imitation^ can we wonder tCn^
find the fame caufe concerned in the generation of
our moral fentiments ? .

* <* From mftances of poinilar tumults, fedittons, fadHons, panics, an<] nf
all paffions, which are fhared with a muHitude^ we may learn the influence
of fociety in exciting and fupporting any emotion ; while the mod ungov-
ernable diforders arc raifed we find by that means, from the flighted and
moft frivolous occafions. He muft be more or lefs than man, who kindles
not in the common blaze. What wonder, then, that moral fentimcnts arc
foand of fuch influence in Kfc, though fpringing from principles, which -DMiy
appear, at firft fight, fcmewhat fmall a&d deUcate ?"

Humttlnquirif concerning the FrlnclpUs of Moral* i Se&, IX. /. 326.

The -Moral Sen/ki 33

Another confiderable objeAion to the fyftem of
rnoral inftind is this, that there are no maxims in
the fcieDce, which can well be deemea innate j as non^
perhaps can bo aifigned, which are abfolutely and uni*
verially trt4e ; in other words, which do not bendtQ
pircumftances. Veracity, which feems, if any be, a
fiatural duty, is excufed in many cafes, towards an
enemy, a thief, or a madman. The obligation of
promifes, which is ^ firfl principle in morality, de*
pends upon the circumftances under which they were
inade : they may have been uijawful, or become fo
fince^ or inconiiuent with former promifes, or erro*'
l^eous, or extorted ; under all which cafes, inflances
piay be fuggefted, where the obligation to perform th^
proinife would be very dubious, and fo of moft other
general ruks, when they come to be actually applied*

An argument has alfo been propofed on the fame
fide of the queftion of this kind. Together with
the iniiinAy there muft have been implanted, it is
iaid^ a clear and preci£^ idea of the obje& upon
which it was to attach* The inftind and (he idea
of the objed are infeparable even in imagination, and
.as neceilarily accompany eagh other as any correla.^
tive ideas whatever ; that is, in plainer terins, if we
be prompted by nature to the approbation of partic-
ular adions, we piufi have received alfo from nature
.a diftind con^ption of the adion we are thi^
prompted to approve i which we certainly have not
received-

But as this argument bear-s alike againft all in-
fiinds, and againft their exigence ip. brutes as well a$
in men, it will hardly, I fuppofe, produce convic-
tion, though it piay be difficiUt tQ nnd an anfwer tp
it.

Upon the whole, it feema to me, either that there
exift no fuch inilini&s as compofe what is called the
moral fenfe, or that they are not now to be diftin-
l^uiihed from prejudices and habits ; on which ac*
(QUnt they caiinot be depended, upon in moral rea^

34 y*^ Moral Senfe.

fon^ng : I mean that it is not a fafe way of arguing^
to siffume certain principles as fo many diftates, im-
pulfes and inftinfts of nature, and to draw conclu-
nons from thefe principles, as to the reftitude op
wronenels of aftions, independent of the tendency
of f\icn aftions^ or of any other coniideration what-
ever.

Arijlotle lays down, as a fundamental and felf-evi-
dent maxim, that nature intended barbarians to be
flaves ; and proceeds to deduce from this maxim a
train of conclufions, calculated to jyftify the policy
which then prevailed. And I queuion whether thfe
fame maxim be ^lot ftill felf-evident to the company
of merchants trading to the coaft of Africa.

Nothing is fo foon made as a maxim ; and it ap-
pears from the example of Ari/iotle^ that authority
and convenience, education, prdudice, and general
praftice, have x\o fmall fliare in the making of them ;
and that the laws of cufiom are very apt to be mif-
taken for the order of nature.

For which res^fon, I fiifpeft, that a fyftem of mo-
rsility, built upon inftii^As, will only find out reafonas
and excufes for opinions and pra6tices already eftab«
liflied — ^will feldom correft or reform either.

But farther, (nppofc we admit the exiftence of
theife inftinas, what, it may be ?ifked, is their au-
thority ? No man, you fay, can a^ in deliberate op-
pofition to them, without a fecret remorfe of con-
fcience. But this remorfe may be borne with — ^and.
if the (inner choofe to bear with it, for the fake of\
the pleafure or profit ^v^hjch he expefts from his
wickednefs; or finds the pleaftire of the fin to ex-
ceed the remorfe of conference, of which he alone is^
the judge, and concerning; w^iich, whett he feels them
botn together, he can hardly be miftsdcen, the moral-
infl:ina-man, fo far as I can'underftand, has nothing
more to offer. '

For, if he allege, that thefe inftinfts are fo many
indications of the will of God, and confequently pre-

Human ,HafpineJi. 3 j

Aig€8 of what we are to look for hereafter ; this, I
anfwer, is to refort to a rule and a motive, ulterior
to the inftincls themfelves, and at which rule and
motive we ihall by and by arrive by a furer road— «>
I ixy/urer^ fo long as there remains a controvcrfy
whether there be any infiindive maxims at all ; or
any difficulty in afcertaining what maxims are in*
ftinaive. ' r

This celebrated quefiion, therefore, becomes io
pur fyftem a queftion of pure curiofity ; and as fuch
we diimifs it to the determination of thofe who are
ipore inquilitive, than we are cpn<:erned to be, about
the natural hiftory and conftitution of the humay
ipecie;^

Cfiaptet VI,

HUMAN HAPPINJE5S*

1 HE word bapfy is a relative term ; that q,
when we call a maq happy, we mean that he is hap.

Sier than fome others, with whom we compare him ;
dan the generality of others ; or than he himfelf
yr^ in fpme other fitu^tiqn : thu$, fpeaking of pne
who has juft cqmpsJTed the objed of a long purfuit,
^^ now," we fay, " he is happy ;*' and in a Tike com-
parative fenfe, compared, that is, with the general lot
of mankind, we call a man happy who poiTefles health
and competency.

In ftriftnefs, any condition may be denominated
happy, in which the amount or aggregate of pleafurc
exceeds that of pain ; and the degree of happineli
depends upon the quantity of this excefs.

And the greateft quantity of it ordinarily attaina-
ble in human life, is what we mean by happinefe,
when we inquire or pronounce what human happi-
nels confifts in.*

* If any fiefitivi fignification, diftind from what yte mean by ple?furr, calk
1^ ;^ed to the term ^ happmcfs/ I ihould take in to denote a certain Aate

3tf HuBM Hof^ku^

In wiiidi mquiry I M4tt o«^ mucli vA»l doclimibi
tion upon the di^Qitf and capacity of ouy imture |
the fupcriority of the foiji to tlie body, of the fatioa*'
al to the animal part of our CQiil^kujCion \ upon the
worthineis, refinement and delicacy of feme iati^
£ictions» or the meftiino&» groghefa and fe^fuality qf
others ; becaufe I hcdd tt^t pkafuret differ in noth-
i[ng, but in continuance and inteniity \ from a jtt&
coaptation of which, ccwfirmed by what we oUerve
of the apparent cheerfulnefs» tranquillity, and com
tentment, of m^n of different taftea> tempers, ftation^,
and purfuits, every queftion conc^ning human ^^jh
fineik muft receive its deciiion.

It will be our bufinefe to fliow, if we cap,

L What hi^inan hapf»iieiii dq^ not confift in j

11. What it docs confift in.

First then, Happinefs do^s not confift in the pleaf^
ures of fenfc, in whatever profufion or variety they
be enjdyed. By the pleafures of fenfe I mean, as welj
the animal gratifications of eating, dpnking, and
that by which the fpecies is continued, as the more
refined pleafures of mufic, painting, architei^lurc,
gardening, fplendid i|iews^ theatric ejchibitions, and

of the nervous fyftcin in that part of the hunu^n frame in which we feel joy
and grief, paifiont and affeaiont. Whether tlus part be the heart, which the.
turn of molt languages "^ould lead us to bdiev^ ; or the diaphragm, as Buf-\
fon ; or the upper orifice of the ftomach, as Van Hclmont thought 5 or rath-
er be a kind of fine net-work, lining the whole region of the precordia, as oth-.
crs have imagined : it is p<^ble, not only th»t each paipful fcnfation may
violently fhake and difhirb the fibres at the time, but that a fcrles of fuch
may at length fo derange the very texture of the fyftcm, as to produce a per-
petual irritation, which will fliew itfelf hj fn^tfuloicfs, xnipatience, and reft-
leflhefs. It is poffible alfo, on the other hand, that a fuccciBon of pleafura-
ble fcnfations may have fuch an effcA upon this fubtile organization, as ta
caufe the fibres to relax, and return into their place and order, and therebv to
recover, or, if not loft, to preferve th^t harmonious conformation which gives
to the mind its fenfe of complacency and fatisfswaipn. Yhis ftatc may |je de-
nominated happinefs, and is fo far dilUn^iihable from pleafure, that it doea
not refer to any particular object -of enjoyment, or coniift, like pleafure, in the
gratification of one or more of the fenfcs, but is rather the (ccondary cffedb
which fuch objects and gratifications produce upon the nervous fyileni, or the
ftatc in which they leave it. Thcfe conje<ftures belong not, however, to oi|r
province. The comparative ftnfe, in which we have explained the term,
happinefs, is more popular, and is fulScient for the purpofe.of the prefexiJ^
Chapter.

tlie i^aftlul^i, laftlf^ of afHird fporu^ a6 of faundiig,
ihooting, fiihing, &c. For,

ifi^ Tbdt plei^fures continue bot a little while at
a time. This is true of them ail, efpecially of th«
groffer fbrX. of them. Laying afide the preparation
and the elspeftation, and computing ftridly the a£hi^
al feftfation, we fliaD be ^rprifed to find, how incon-
iderable a portion of our time they occupy, how
few hours in the four and twenty they are able to
fill up.

^dly^ Tfaefe ^leafures, by repetition, lofe their r^
Vkk. It is a property of the machine, fbf which we
know no remedy, that the organs, by which we pen-
ceive pleafure, are blunted and benumbed, by boing
frequently ejcerdfed in the fame way« There is
hardly any one who has not found the diflFerence be-
tween a gratification, when new, and when famiU
iar ; or any pleafure, which does not become indif*
ferent as it grows habitual.

^dly^ The eagernefs for high and intenfe delights
takes away the reli& from all others j and as uich
defights fall rarely in our way, the greater part of
Bur time becomes from this caufe empty and uncafy.

There is hardly any delufion by which men are
greater fufierers in their happinefs, than by their ex-
yefting too much from what is called plcaliire ; that
IS, from thofe intenfe delights, which vulgarly en-
gro6 the name of pleafure. The very expedation
^oils them. When tkey do come, we are often en-
gaged in taking pains to perfuade ourfelves how
much we ane pleafed, rather than enjoying any
pleafure which fprings naturally out of the objeft.
And whenever We depend upon being vaftly delight-
ed, we always go home fecretly grieved at miffing
Our aim. Likewife, as hath been obferved juft now,
when this humour of being prodigioufly delighted
has once taken hold bf the imagination, it hinders
us from j)roviding for, or acquiefcing in thofe gent-
ly feothing engagements, the 4uc variety and fuc-

38 Humim Happm^i

cefixon of which^ are the only things that fup^Iy t
continued fiream of happinefs*

What I have been able to obfcnre of that part of
mankind, whofe profeiTed purfuit is pleafure, and
who are withheld in the [mrfuit by no refiraints
of fortune, ot fcruples of confeience, correfponds fuf-
ficiently with this account. I have commonly re-
marked, in fuch men, a reftlei^ and inextinguiihable
pai&on for variety ; a ereat part of their time to be
vacant, and ib much ot it irkfome ; and that, with
whatever eagernefs and ezpedation they fet out,
they become, by degrees, faflidious in their choice
of pleafure, langtid in the enjoynient, yet miferable
under the want of it.

The truth feems to be, that there is a limit, at
which the pleafures foon arrive, and from which they
ever afterwards decline. They are by neceffity of
ihort duration, as the organs cannot hold on their
emotions beyond a certain length of time ; and if
you endeavour to compenfate for the imperfeAion
in their nature, by the frequency with which you
repeat them, you lofe more than you gain, by the
fatigue of the faculties, and the diminution of fen&
biUty. .

We have faid nothing in this account of the lofs
of opportunities, or the decay of faculties, which,
whenever they happen, leave the voluptuary deftitute
and defperate ; teafed by deiires that can never be
gratified, and the memory of pleafures which muft
return no more.

It will alfo be allowed by thofe who have experi-
enced it, and perhaps by thofe alone, that pleafure
which is purchafed by the incumbrance of our for-
tune, is purchafed too dear ; the pleafure never com-
penfating for the perpetual irritation of embarrafled
circumftances.

Thefe pleafures, after all, have their value : and as
the young ate always too eager in their purfuit of
them, the old are fometimes too remiis j that is, too

tiummi Hafpmefs. ,39

ftudiQ^ of their eafe, to be at the pains for thexn^
which they really deferye.

Secondly, Neither doe? happinefs conflft in zr\
exemption from pain, labour, care, buiinefs, fufpenfe^
moleftation, and " thofe evils which are without j"
fuch a ftate being ufually attended not with eafe, but
with depreflion of fpirits, a taftelefihefs in all our
ideas, imaginary anxieties, and the whole train o^
hypochondriacal affe<ftions.

For which reafon, it feldom anfwers the expecta-
tions of thofe, who retire fropi their Ihops and
counting-houfes, to enjoy the remainder of theif
days in leifure and tranquillity ; much lefs of fuch,
as in a fit of chagrin, ihut themfeLves up in cloifiers
and hermitages, or quit the world and their ftationt
in it, for folitude and repofe.

Where there exifls a known external caufe of un-
eafinefs, the caufe may be removed, and the uneailnefs
will ceafe. But thofe imaginary diftreffes which men
feel for want of real ones (and which are equally
tormenting, and fo far equally real) as they depend
upon no imgle or ailignable fubjed: of uneafinefs, ad-
mit ofttimes of no application or relief.

Hence a moderate pain, upon which the attention
may faften and fpend itfelf, is to many a refreihment ;
as a fit of the gout will fometimes cure the fpleen*
-And the fame of any lefs violent agitation of the
mind, as a literary controverfy, a law-fuit, a conteft-
ed eledion, and, above all, gaming ; the paifion for
which, in men of fortune and liber^ minds, is only
to be accounted for on this principle.

Thirdly, Neither does happinels confift in great-
nefs, rank or elevated fiation.

Were it true that all fuperiority afforded pleafure,
it would follow, that, by how much we were the
greater, that is, the more perfons we were fuperior
to, in the fame proportion, fo far as depended upon
this caufe, we fliould be the happier \ but fo it is,
F

40 tluman Happinejs^

that bo fuperiority yields any fattsfaAion, (ave ilial
which we poflefs or obtain ovet thofe with whom w€
immediately compare ourfelv^. The fliepherd per-
ceives no pleafure in his fuperiority over his dog j
the farmet in his fufjeriority over the fhepherd ; the
lord in his fupei'iof ity ovef the fermei' j nor thd
kiilg, laftly, in his fuperiority over th*' lord. Superi-
ority, where there is no competition, is fddom con-
templated ; what moft men indeed afe quite uncon^^
fcious of. I

But if thef fan^e fliepherd can run, fight, or wrcftl*
txtter than the peafants of his village ; if the farmer
can fliow better cattle, if he "keep a better horfe, or be
fuppofed to have a longer* purfe than any farmer in the
hundred \ if the lord have mote intereft in an elec-
tion, greater favour at court, a better' houfe, or larg*
er eftate than any nfobleman in the country ; if the
king poffefi a more eitenfive territory, a more poW--
crftil fleet or army, a more fplendid eftablifliment,
more loyal fubjeAS, or mofe weight and authority,
in adjufting the affairs of nations, than any prince
in Europe : in all thefe cafes the parties feel an aftu-
al fatisfaftion in their fuperiority.

Now the concli^fion thlt follows from hente is this
—that the plleafu'res of ambition, which are fuppofed
to be peculiar to high ftations, are in reality common
to all conditions. The farrier who Ihocs a horfe bet-
ter, and who is in greater requeft for his ikill thail
any man within ten miles of him, pofTefies, for all
that I can fee, the ddi?ht Of diftinftion and of excel-
ling, as truly and fubftantially as the ftatefman, the
foldier, and the fcbolar, who have filled Europe with
the reputation of their wifdom, their valour, or theit
knowledge.

No fuperiority appears to be of any account, but
fuperiority over a rival. This, it is manifeft, may
exift wherever rivalfhips do ; and rivalihips fall out
amongil men of all ranks and degrees. The obje^
of emulation, the dignity or magnitude of this obje£l»

MumM» Haffinifi,. 4^

tnakes no difference ; as it is not what either poffefl^
es that conftitutes the pleafure, but what one pofieiS-
es more than the other.

Philofophy fmiles at the contempt with which the
rich and great fpeak of the petty ftrifes and con^tiF
tions of the poor ; not refleding that thefe ftrifes
and competitions are juft as reafonable as their own,
and thepleafure, which fucce(s affords, the lame.

Our poiition is, that happineis does not confift io
greatnefs. And this poiition we make out by Shew-
ing, that even what are fuppofed to be the peculiar
advantages of greatnefs, the pleafures of ambition
and fuperiority, are in reality common to all condi-
tions. But whether the purfuits of ambition be ever
wife, whether they contribute more to the happinels
or mifery of the purfuers, is a different queftion ; and
a queftion concerning which we may be allowed to en-
tertain great doubt. The pleafure of fuccels is exqui-
fite ; fo alfo is the anxiety of the purfuit, and the
pain of difappointment — ^and what is the worft part
of the account, the pleafure is <hort lived. We foon
ceafe to look back upon tbofe whom we have left b^
bind ; new contefts are engaged in, new profpeAs
unfold themfelves ; a fuccemon of ftruggles is kept
up, whilft there is a rival l^ft within the compafs of
our views and profeffion ; and when there is none,
the pleafure witn the purfuit is at au end.

n. We have feen what happinefs does not confift
in. We are next to confider in what it does confift.

In the conduft of life, the ^at matter isi, to knoyr
beforehand, whal will pleafe us, and what pleafures
will hold out. So far as we know this, our choice
will be jufHfied by the event. And this knowledge
is more fcarcc and difficult than at firft fight it may
feem to be : for fometimes, pleafures whidb are won-
derfully alluring and flattering in the profped, tinn
out in the pofleffion, extremely infipid ; or do not
Jiold as we expefted ; at other times pleafures ftart
Vp, which never entered into our calculation,;

and which we might have mifled of by not for©,
feeing: from whence we have reafon to believe,
that we actually do mife of many pleafures from
the fame caufe. I fay to know ^' beforehand/' for
"after the experiment is tried, it is commonly im-
prafticableto retreat or change ; befidethat ftiifting
and changing is apt to generate a habit of rcftleffnefs,
which is deftruftive of the Iiappineis of every condi-
tion.

By reafon of the original diverfity of tafte, capac**
ity, and conftitution, obfervable in the human ipecies,
and the ftill greater variety, -which habit and faihion
have introduced in thefe particulars, it is impoifible
to propofe any plan of happinefs, which will fucceed
to all, or any method of life which is univerfally d.
igible or praAicable.

An that can be fitid is, that there remains a pr#-
fumption in favour of thofe conditions of life in
which men generally appear moft cheerful and con-
tented. For though the apparent happinefs of man-
kind be not always a true meafure of their real hap^
pinefe, it is the beft meafure we have.

Taking this for my guide, I am inclined to believe
that happinefs confifts.

First, In the exercife of the fecial affeftions.

Thofe perfons commonly poflefs good fpirits who
have about them many objects of affeftion and endear-
ment, as wife, children, kindred, friends. And to the
want of thefe may be imputed the peevifhnefs of
taionks, and of fuch as lead a monaftic life.

Of the fame nature with the indulgence of our do-
meftic afibAions, and equally rcfrefiiing to the fpirits,
is the pleafure which refults from afts of bounty and
beneficence, exercifed either in giving money, or in
imparting to thofe who want it the affiftance of our
ikill and pfofeffion.

Another main article of human happinefs is,

Second, The exercife of our faculties, either of
body or mind, in the purfuit of fome engaging end.

It Ibcms to be true, that no plenitude of prefent
gratifications, can make the pofleflbr happy for a con-
tinuancCy unlefs he have foxpething in referve— -fome-
thing to hope for, and look forward to. This I con-
clude to be the cafe^ from comparing the alacrity
and fpirits of men, who are engaged in any purfuit
which interefts them, with the dejedion and ennui of
almoft all, who are either born to fb much that they
want nothing more, or who have t^ed up their latit
fadions too toon, and drained the fburces of them.

It is this intolerable vacuity of mind, which car-
ries the rich and great to the horfe-courfe and the
gaming-table ; and often engages them in contcfts
and pur£uits, of which the fucceis bears no propor-
tion to the folicitude and expenfe, with which it is
fought. An eledion for a difputed borough fhall
coft the parties twenty or thirty thoufand pounds a
piece, to fay nothing of the anxiety, humiliation^ and
fatigue of the canvais ^ when a (eat in the Houfe of
Commons, of exadly the fame value, may he had for
a tenth part of the money, and with no trouble. I
do not mention this to blame the rich and great,
(perhaps they cannot do better) but in confirmation
of what I have advanced.

Hope, which thus appears to be of ib much import*
ance to our happindb, is of two kinds, where there
is fomething to be done towards attaining the objed
of our hope, and where there is nothing to be done.
The firft alone is of any value ; the latter being apt
to corrupt into impatience, having nothing in its
power but to fit flill and wait, which foon grows
tirefome.

The dodrine delivered under this head may be
readily admitted ; but how to provide ourfelves with
a fucceilion of pleafurable engagements, is the diffi-
culty. This requires two things ; judgment in the
choice of ends adapted to our c^portunities ; and a
command of imagination, fo as to be able, when the
judgment has made choice of an end^ to transfer a

44 Human Hap^nefi.

pleafure to the means ; after which the end may bo
forgotten as foon as we will.

Hence thofe pleafures aremoft valuable, not which
^re moft exquiute in the fruition, but which are moft
produ&ive of engagement and adivity in the purfuit.

A man who is in earneft in his endeavours after
the happincifl of a future ftate, has, in this refpedl,
an advantage over all the world. For he has con-
(bntly before his eyes an object of fupreme import^
ance, productive of perpetual engagement and adivu
ity, and of which the purfuit (which can be faid of
sio purfuit beiides) lafts him to his life's end. Yet
even he muft have many ends, befide the yar end:
but then they will conduA to that, be Aibovdinate^
and in fome way or other capable of being referred
to that, and derive their fatisfa&ion^ or an addition
of fatisfaidion, from that.

Engagement is every thing. The more iignificant,
however, our engagements are, the better ; fuch as
the planning of laws, inftitutions, manufactures, char^
ities, improvements, public works ; and tb^ endeav-
ouring, by our intereft, addrefs, foUcitations, and ac-
tivity, to carry them into effcd : or upon a fmaller
fcale, the procuring of a maintenance and fortune for
our families by a courfe of indufiry and applicatioix
to our callings, which forms and gives motion to the
common occupations of life \ training up a child ;
profecuting a fcheme for his future eftablifhment |^
making ourfelves mafters of a language or a fcience ;
improving or managing an eftate ; labouring after
a piece oi preferment : and laftly, any engagementt
which is innocent,- is better than none : as the writ-
ing of a book, the building of a houfe, the laying out
of a garden, the digging of a fifh-pond-^-even the
raiiing of a cucumber or a tulip.

Whilft the mind is taken up with the objeAs <rf^
bufinefs before us, we are commonly happy, whatev-.
er the objed: or bufinefs be : when the mind is abfM^
and the thoughts are wandering tq fomething eK^

Hfnmtn Hoffimji. 4j

ikan What Is {>affing in the place in which we are^
Ve are often miferable.

Third, Happinefs depends upoil the prudent con-
ftitution of the habits.

The art in which the fecret of human happine&
in a great meafur^ cdnfifts, is toy^ the habits in fuch
a manner, that every dhange may he a change foif
the better. The habits themfeives ai'c mUch the
fame j for whatever is made habitual, becomes
finooth, and eafy, atid nearly indifferent^ The re-
turn to an old habit is likewife eafy, whatever thd
habit be. Therefore the advantage is with thofe
habits which alldw of indulgence in the deviation
from them. The luxurious receive no greater pleaf*
tire, from their dainties, than the peafant does front
his bread and cheefe : but the pesdfant, whenever he
goes abroad, finds a feafl ; whereas the epicure muft
be well entertained to efcape difguft. Thofe who
fpend every day at cards, and thofe who go every
day to plough, pafs their time mtich alike ; intent
upon what they are about, wanting nothing, tegret-
ting nothing, they are both for the time in a ftate of
cafe : but then, whatever fufpends the occupation
of the (iai'd-player, diftreffes him ; whereas to the
labourer, evely interruption is a refrefhment : and
this appears itt the different effeft that Sunday pro-
duces upon the two, which proves a day of recrea-
tion to the one, but a lamentable burthen to the oth*
er. The man who has learned to live alone, feeb
his fpirits enlivened whenever he enters into com-
pany, and takes his leave without regret ; another^
who has long been accuftomed to a crowd, or con-
tinual fuccemon of company, experiences in compa-
ny no elevation of fpirits, nor any greater fatisfac-
tion, than what the man of retired life finds in his
chimney corner. So far their conditions are equal ;
but let a change of place, fortune, or fituation, fepa-
rate the companion from his circle, his vifitors, his
club^ common room, or coffee-^houfe, and the diiSer-

4^ tlumm Hap^fi^

fmce of advantage in the choice and conftitutiob of
the two habits will fhew itfelf* Solitude comes to
the one clothed with melancholy ; to the other it
brings liberty and quiet. You will fee the one fret-
ful and refUefs, at a lois how to difpofe of his time,
till the hour come round that he can forget himfelf
in bed ; the other eafy and fatisfied, taking up his
book, or his pipe, as foon as he finds himfeff alone \
ready to admit any little amufement that cafis up, or
to turn his hands and attention to the firft buunefs
that prefents itfelf ; or content without either to fit
ilill, and let his trains of thought glide indolently
through his brain, without much ufe, perhaps, or
pleafure, but without hankering after any thing bet-
ter, and without irritation. A reader, wh6 has in-
nured himfelf to books of fcience and argumenta-
tion, if a novel, a well written pamphlet, an article
of news, a narrative of a curious voyage, or the
journal of a traveller, fall in his way, fits down to
the repaft with reliih; enjoys his entertainment
while it lafis, and can return, when it is over, to his
graver reading, without diftafte. Another, w^ith
whom nothing will go down but works of humour
and pleafantry^ or whofe curioflty muft be interefted
by perpetual novelty, will confume a bookfcller's
window in half a forenoon ; during which time he
is rather in fearch of diverfion than diverted ; and
as books to his tafte are few, and fliort, and rapidly
read over, the flock is foon exhaufled, when he is
left without refource from this principal fupply of
harmlefs amufement.

. So far as circumflances of fortune conduce to hap-
pinefs, it is not the income which any man poflefTes^
]but the increafe of income that affords the pleafure.
Two perfons, of whom one begins with an hundred
and advances his income to a thoufand pounds a
year ; and the other fets off with a thoufand, and
dwindles down to an hundred, may, in the courfe
of their time, have the receipt and fpending of the

Human Hafpinefs. 4^

fame fuin of money : yet their latisfaAion, fo far as
fortune is concerned in it, will be very diflferent : the
feries and fum total of their income being the fame,
it makes a wide difference at which end they begin.

Fourth, Happinefi confifts in health.

By health I underfiand, as well freedom from bodi«
ly diAempers, as that tranquillity, firmnefs, and alac-
rity of -mind, which we call good fpirits j and which
may properly enough be included in our notion- of
he^tn, as depending commonly upon the fame caufes,
and yielding to the (ame management, as our bodily
conftitution.

Health, in this fenfe, is the one thing needful.
Therefore no pains, expenfe, felf-denial, or reftraint,
to which we fubjeft ourfelves, for the fake of health,
is too much. Whether it require us to relinquifli lu-
crative fituations, to abftain from favourite indul-
gences, to control intemperate paiSons, or undergo
tedious regimens ; whatever difficulties it lays us un-
der, a man who purfues his happinefs rationally and
refolutely, will be content to fubmit to.

When we are in perfeft health and fpirits, we feel
in ourfelves a happinefs independent of any partic-
ular outward gratification whatever, and of which we
can give no account. This is an enjoyment which the
Deity has annexed to life ; and probably conftitutes,
in a great meafure,the happinefs of infants and brutes,
cfpeciallyof the lower and fedentary orders of animals,
as of oyfters, periwinkles, and the like ; for which
I have fometimes been at a lofs to find out amufement.

The above account of human happinefs will juftify
the two following conclufions, which, although found
in moft books of morality, have feldom, I think,
been fupported by any fufficient reafons.

. Firji^ That happinefs is pretty equally diflributcd
amongft the different orders of civil fociety.

Secondy That vice has no advantage over virtue,
even with refped to this world's happmefs.
G

♦8 Viffuii

Chapter vii.

VIRTUE. .

Virtue is, ^ the doing good to mankind^ in (tti^
dience to the willofGody and for the fake of everlajiing
bappinefs.**

According to which ctefinition, " tte good of man*
kind" is the fubjeft, the « wiU of God'' the rale, and
^ ererlafting happinefs" the motive of human virtue.

Virtue has been divided by fome moralifts into be*
nevolence^ prudence^ fortitude^ and temperance. Benevo*-
Jence propofes good ends ; prudence fuggefis the beft
means of attaining them \ fortitude enables us to en«
counter the difficulties, dangers, anddifcouragements^
which ftand in our way in the purfuit of thefe ends ;
temperance repels and overcomes the paffions that ob-
firafb it. Benevolence^ for inftance, prompts us to un-
dertake the caufe of an opprefled orphan ; prudence
fuggefts the beft means of going about it ; fortitude
enables us to confront the danger, and bear up againft
the lofi, difgrace, or repulfe, that may attend our un-
dertaking; and temperance keeps under the love of
money, of eafe, or amufenaent^ which might divert
us from it.

^^rtue is diftingui&ed by others into two branches
only, prudence and benevolence ; prudence attentive to
our own intereft ; * benevolence to that of our fellow
creatures : both direft to the fame end, the increafe
of happinefs in nature ; and taking equal concern ia
the future as in the prefent.

The four Cardinal virtues ^xty prudence^ fortitudCf
temperance^ znd Jti/iice.

But the diviiion of virtue, to which we are now-a*
days moft accuftomed, is into duties.

^ ytrtue. 49.

Tomu-ds God; a? piety, rcrcrcncc, refignation,
gratitude, &c»

Toward^ Qther men (or relative duties }) as jufticc,
charity, fijjelity, loyalty, &c.

Toward? our/elves ; as cfa^ftity, fobriety, temper.
Iince, prefervation of life, care of health, &c.

More of thefe diftinftions have been propofed,
which it is not worth while to fet down*

I fliall proceed to ftate a few obfervations, which
relate to the general regulation of human conduA ;
uncoanedied indeed witheach other, but very worthy
of attention ; and which fall as properly under the
title of this Chapter as of any other.

I. Mankind ad more from habit than reflexion*
It is on few, only, and great occaiions that men
deliberate at all ; on fewer ftill, that they inftitute
any thing like a regular inquiry into the moral rec-
titude or depravity of what they are about to do ; or
wait for the refult of it. We are for the moft part de-
termined at once ; and by an impulfe, which is the
effed and energy of pre-eftablilhed habits. And this
conftitution feems well adapted to the exigencies of
human life, and to the imbecility of Qur moral prin-
ciple. In the current occafions apd rapid opportuni-
ties of life, there is ofttimes little ldfur« for reflexion ;
and were there more, a n^an, who has to reafon
about his duty, when the temptation to tranfgrefs is
upon him, is almoft fure to reafcoi himfelf into an er-
ror.

If we ar^ in fo great a degree paffivc under our
habits, where, it is afked, is the exercife of virtue,
the guilt of vice, or any ufe of moral and religious.
}aiowledge ? I anfwer, in ^t forming and contrading
(d thefe habits^

*

50. Viriut.

And from hence refults a rule of life of coii^dera.
ble importance, viz. that many things are to be done^
and abftained from, folely for the fake of habit. We
will explain ourfelves by an example or two. A beg-
gar, with the Appearance of extreme diftrefs, alks our
charity. If we come to argue the matter, whether
the diftrefs be real, whether it be not brought upon
himfelf, whether it be of public advantage to admit
fuch applications, whether it be not to encourage
idlenefs and vagrancy, whether it may not invite
impoftors to our doors, whether the money can be
well fpared, or might not be better applied ; when
thefe confiderations are put together, it may appear
very doubtful, whether we ought or ought not, to
give any thing. But when we refled, that the mi£»
cry before our eyes excites our pity, whether we
will or not ; that it is of the utmoft confequence to
us to cultivate this tenderne£i of mind ; that it is a
quality, cherifhed by indulgence, and foon flifled by
oppofition : when this, I fay, is confidered, a wife
man will do that for his own fake, which he would
have hefitated to do for the petitioner's ; he will give
way to his compaffion, rather than offer violence ta
a habit of fo much general ufe.

A man of confirmed good habits will z& in tho
fame manner, without any confideration at all.

This may ferve for one inftance : another is the
following. A man has been brought up from his in-
fancy with a dread of lying. An occafion. preients
itfelf where, at the expenfe of a little veracity, he
may divert his company, fet off his own wit with
advantage, attrad the notice and engage the partialis
ty of all about him. This is not a fmall temptation.
And when he looks at the other fide of the queftion,
he fees no mifchief that can enfue from this liberty,
no flander of any man's reputation, no prejudice
likely to arife to any man's intereft. Were there
nothing further to be confidered, it would be diffi-
cult to fhow why a man under fuch drcumftanccs

might 0Ot indttlgeltis humour. But when he refiedf
that his fcruples about lying have hitherto preferred
I^m free from this vice; that occafions like the pref*
eat will return, where the inducement may be equaU
ly ftrong, but the indulgence much Ids innocent ;
that hi9 fcruples will wear away by a few tranfgr^
fions, and leave him fubjed to one of the meaneft and
moil pernicious of all bad habits, a habit of lying
whenever it will ferve his turn : when all this, I iay^
is conlidered, a wife man will forego the prefent, or
a much greater pleafure, rather than by th£ founda^
tion of a charader fo vicious and contemptible.

From what has been (aid may be explained alia
the nature of habitual virtue. By the definition of
virtue, placed at the beginning of this Chapter, it ap^
pears, that the good of mankind is the fubjed, the
will of God the rule, and everlafting happme& the
motive and end of all virtue. Yet m h£t a man
fliall perforni many an ad of virtue, without having
either the good of mankind, the will of God, or
evecJafting happinefs in his thoughts. Hdw is this
to be underftood f In th^ fame manner as that a maa
may be a very goodfervant, without being confcioos
at every turn of a particular regard to his mafter'ft
will, or of an expre& attention to his matter's inter-
eft y indeed your beft old fervants are of this fort ;
but then he muft have ferved for a length of time
under the adual diredion of thefe motives to bring
it to this : in which fervice \m merit and virtue con-t
lift. . ••

There are habits^ not only of drinking, fwearing,
and lying, and of fome other things, which are com-
monly acknowledged to be habits, and called fo;* but
of every modification of adion, fpeech, and thought. .
Man is a bundle of habits. There are habits of in*
duftry, attention, vigilance, advertency ; of a prompt
obedience to the judgment occurring, on of yielding
to the firft impulfe of paffion ; of extending our-
views to the future, or of refting upoa the prefent j

51 , VfrtM0.

of apprehenrding, methodizing, reafoiiing; of Indck
lence and dilatorincfc ; of vanity, felf-conceit, mcU
ancholy, partiality ; of fretfulnefs, fuQ)icion, cap*
tioulhefs, cenforioufnefs ; of pride, ambition, cov^
etoufnefi ; of over-rcachmg, intriguing, projefking.
In a word, there is not a quality, or fundion, either
of body or mind, which does npt feel the influence
pf thi9 great law of animated nature^

n* The Chriftian religion hath not afcertained the
precifc a)(antity of virtue neceffary to falvatioii.
' This nas been made an objection to Cbriftianity ;^
but without reafon. For, as all revelation, however
imparted originally, muft be tranlmitted by the or?
dinary vehicle of language, it behoves thofe whiq
make the obje&ion to ihew that any form of words
could be devifed, which fnight .exprefs this quantity i
pr that it is poflibie to conmtute a ft^ndafd of mora]
fittainments, accommodated to the almoft infinite di«
verfity which fubfifts ifi the capacities apd opportuni-
ties of difierent men.

It feems moft agreeable to our conceptions o( juf-
tice, and is confonant enough to the lan^age of
Ccripture,* to fuppofe that thiere are prepared for u^
rewardls and pyniihments, of aU poflibie degrees^
from the moft exalted happinefs down to extreme
mifery j fo that " our labour is never in vain j**
viiatever advanoepfient we ipake in virtue, we pror
pire a proportionable acceffion of future happinefs ;
^s^ on the other hand, every accumulation of vice
is the " treafuring up of fo much wrath againft the
ffey of wratlj." It has been faid, that it can never h^

* **Jic mrhiph foweth fparin^y ihall reap alip fpariogly ; and he which fow*
cth bountifully fKall rc^p alfo bountifully, a Cor. iz. 6* — ^* And that fervant
which knew his Lord's 'will, and prepared not himfelf, neither did according
fo his wi)l, fliall be beaten with many ftrlpes; but he that \picw npt, (hall ^'
l>eaien withfew ftripcs." Luke xii. 47, 48 — ^ Whofoever fliall give you a cup
of water to drink in my name, becaufe ye belong to Chrift, verily I fay unto
^u, he fliall not Ipfe his reward ;** to wit, intimating that there is in menre
J a proportional ffeward for even the fmalleft att of virtue. Mark ix. 41.— See
alio th^ parable of the pounds, Luke ziz. 16, &c. where he whofe pound had

Biaed ten pounds, was placed over ten cities ; and he whofe povfj^d bi^ S^^
ijvc pounds, was placed over five cities. *

*

firtuik ${

t juft ccbnoiny of Providence, to adniit one part of .
mankind into heaven, and condemn the other to
hdl, fince there mnft be very little to choofe, between
the worft man who is received into heaven, and thb
beft who is exdudedf. And how know we, it might
be anfwered, but that there may be as Httle to
choofe in their conditions ?

Without entering into a detail of fcriptnte mo«
rality, which would anticipate our fubjed, thefoU
lowing general pofitions may be advanced, I think^
with lafety :

I. That a ftatd of happinefs h not to be ctpe&cd
by thofe who are confcious of no moral or reli^ous
hile. I mean thofe, who cannot with truth bf^
that they have been prompted to one action, of
withheld from one gratification, by any regard to »
virtue oi" teligion, either immediate or habittial.

There needs no other proof of this, than the con-
fideration, that si httLte Would be as proper an ohjeSt
of rev^rd as fuch a man ; and that, if the cafe were
fo, the penal fan^ons of religion could have no
place. For whom would you punifh, if you mak«
luch a one as this Jiappy ?— or rather indeed relig- '
ion itfdf, both natural and revealed, wo^ld ceaU
to have eitjjier ufe or authority,

2i. That a ftate of happinefs is not to be expe<^e(i
by thofe, who referve to themfelves the habitual
praftice of any one fin, or negleft pf one known
duty.

Becaufe no obedience cafl proceed upon proppt
liiotives which is not univerfal, that is, Which is not
direded to every command of God alike, as they
all ftand upon the fame authofity.^

Becaufe, fuch an allowance would in effed amount *
td a toleration of every vice in the 'Sjforld.

And becaufe, the (train of fcripture language ex«
eludes any fuch hope. When omr dutiei are recited,
they are put ceJleiHwJy^ that is^ as all and every o£

*4 ^ fW««^*

Ihcm required in the Chriftian chataftcf, <^ Addtd
your fafth virtue, and to virtue knowledge, and to
knowledge temperance, and to temperance patience,
and to patience godlinefs, and to godiineis brotherly
. kindnefs, and tp brotherly kiqg^ds charity/'* On
the other hand, when vices are enumerated, they
are put disjunHivelyj that is, as feparately and fever-
ally excluding the finner from heaven. ^' Neither
fornicators, nor idolaters, nor adulterers, nor e£Eem«-
inate, nor abufers of themfelves with mankind, nor
thieves, nor covetous, nor drunkards, nor revilers,
nor extortioners^ ihall inherit the kingdom of

heaven/'t

Thofe texts of fcripture, which feem to lean a
contrary way, as that '" charity fhall cover a multi-
tude of fins ;'*{ that " he which converteth a finner
from the error of his way ihall hide a multitude of
fins j"(j cannot I think, for the reafons above men-
tioned, be extended to fins deliberately, habitually^
and obfUnately perfified in.

3. That a ftate of mere unprofitablenefs will not
go unpuniihed.

This is exprefsly laid down by Chrlft in the para-
' ble of the talents, which fuperfedes all farther rea-
foning upon the fubje<El. " Then he which had re-
ceived T)ne talent, came %nd faid, Lord, I know thee
that thou art an aufiere man, reaping where thou
haft not fown, and gathering where thou haft not
firawed ; and I was afraid, and hid my talent in the
earth ; to, there>thou haft that is thine. His Lord
anfwered and faid unto him, thou wicked z,TidJlothful
fervaht, thou kneweft (or kneweft thou ?) that I
reap where I fowed not, and gather where I have not
firawed ; thou dUghteft therefore to have put my
• money to the exchangers, and then at my coming I
Ihould have received mine own with ufury. Ts^e
therefore the talent from him, and give it unto him

• % Pet. i. 5, ^, 7. 1 1 Cor. vi. 9, zQb } i PcL iv. g»

I Jamet ▼. 40.

Virtue.

55

ifliidi liath ten talents; for unto every one that
hath fhall be given, and he fliall have abundance ;
but from him that hath not Ihall be taken away-
even that which he hath ; and caji ye the unprofitable
fervant into outer darknefsy there Jhall be weeping and
gna/bing of teeth,'**

in. In every queftk>n of conduct where one fide
is doubtful and the other fide fafe, we are bound
to take the fafe fide.

This is bell explained by an inftance, and I know
of none more to our purpofe than that of fuicide*
Suppofe, for example's fake, that it appear doubtful
to a reafoner upon the fubjed whether he may law-
folly deftroy himfelf. He can have no doubt, bat
that it is lawful for him to let it alone.

Here therefore is a cafe, in which one fide is doubt-
ful, and the other fide fafe. By virtue therefore of
our rule, he is bound to purfue the fafe fide, that is,
to fcMrbear from ofiering violence to himfelf whilft a
donbt remains upon his mind concerning the lawful-
neis of fuictde.

It is prudent^ yon allow, to take the &fe fide. But
our obfcrvation means fomething more. We aflTert
diat the adion, concerning which we doubt, what-
ever it may be in itfelf, or to another, would in usi
whilft this doubt remains upon our minds, be cer-
tainly finful. The cafe is fexprefsly fo adjudged by
St. Paul, with whofe authority we will for the pres-
ent reft contented. " I know and am perfuaded .by
the Lord Jefus, that there is nothing unclean of it-
felf, but to him that e/ieemeth any thing to be unclean^ to

him it is unclean. Happy i? he that con-

demneth not himfelf in that thing which be allow-
eth ; and he that doubteth is damned (condemned J
if he eat, for whatfoever is not of faith (i. e. not
done with a full perfuafion of the lawfiilneis of it)
is fin.n

• Man- nv> M> Ac. f Bmmw »T. z<(, 43t *y

H.

BOOK II.

t^ftoral UMiaatlon.

CDJapter i.

THE QUESTION, WHT AM I OBLIGED TO
KEEP MT WORD f CONSIDERED.

W HY am I obliged to keep my word ?

Becaufe it is right, fays one. Becaufe it is agree-
able to the fitne^ of things, fays another. Becaufe
it is conformable to reafon and nature, fays a third.
Becaufe it is conformable to truth, fays a fourth.
Becaufe it promotes the public good, fays a fifth.
Becaufe it is required by the will of God, concludes
a fixth.

Upon which different accounts, two things are
obfervable :

Firft, That they all ultimately coincide.

The fitnefs of things, means their fitnefs to pro-
duce happinefs : the nature of things, means that
aftual conftitution of the world, by which fome
things, as fuch and fuch adions, for example, produce
happmels, and others mifery : reafon is the principle,
by which we difcover or judge of this conilitution :
truth is this judgment exprefled or drawn out into
propofitions. So that it neceflarily comes to pals,
that what promotes the public happinels, or hap«
pinefs upon the whole, is agreeable to the fitnefs of
things, to nature, to reafon, and to truth : and fuch

Moral O^ailok 5)

(as will appear by and by) is the divine charafter;
that what promotes the general happinefs, is requir-
ed by the will of God ; and what has all the above
properties, muft needs be right ; for right means no
more than conformity to the rule we go by, what-
ever that rule be.

And this is the reafon that moralifts, from what-
ever different principles they fct out, commonly
meet in their conclufions ; that is, they enjoin the
fame conduct, prefcribe the fame rules of duty, and,
with a few exceptions, deliver upon dubious cafes
the fame determinations*

Secondly, It is to be obferved, that thefe aniwers
all leave the matter fliort ; for the inquirer mzt
turn round upon his teacher with a fecond quei-
tion, in which he will expert to be fatisfied, namely,
why am I obliged to do what is right ; to aft agree-
ably to the fitnefs of things ; to conform to reafon,
nature, or truth ; to promote the public good, or
to obey the will of God ?

The proper method of condufting the inquiry is,
firft, to examine what we mean, when we fay a man
is obliged to do any thing, and then, to fliew why he
is obliged to do the thing which we have propofi^
as an example, namely, " to keep his word.**

Chapter il

WHAT WE MEAN WHEN WE SAY A MAN
IS OBLIGED TO DO A THING.

A MAN is to be faid to be obliged, ** when hf
is urged by a violent motive^ refulting from the command
of another.*^ ,

First, " The motive muft be violent." If a per-
son, who has done me fome little fervice, or has ^
fmaU place in his difpoM, alk me upon fome occa^.

fion for my i^otit, I may poffibly ^vc It himi from t
XDOtive of gratitude or expcd:atioA ; but I fhould
hardly fay, that I was abiiged to give it him, becaufe
the inducement does not riie high enough. Where-
^, if a £atber or a mafier, or any great benefador,
or one on whom my fortune depends, require my
.vote, I give it him of courfe ; and my anfwer to aU
Airho aik me why I voted fo and fo> is, that my £^
ther or my mafter ohli^^d mc ; and that I had receiv-
ed fo many favours from» or had fo great a de-
^pend^nce upon fuch a one, that I was obliged to vote
as he. direfted me.

Secondly, ^' It muft refult from the command
^ another/' Offer a man a gratuity for doing any
thing, for feizing, for example, an offender, he is not
QU^d by your o&r to do it ; nor could he fay he
is, though he may be induced^ perfuaded^ prenuiiled
vpon^ tempted. Xf a magiflrate, or the man's imme-
ndiate fuperior command it, he confiders himfelf as
obliged to comply, though poflibly he would loie le&
by a r-efufal in this cafe, than in the folrmer.

I wiU not undertake to iay that the words Miga^
Hon and obJ^ed are ufed uniformly in this fenfe, or
gJways with this difiimStion ; nor is it poffible to tie
down popular phraies to any confiant iignification :
but, wherever the motive is violent enough, and
coupled with the idea of command, authority, law,
or the will of a fuperior, there, I take it, we always
reckon ourfelves to be obliged*

And from this account of obligation it follows,
that we CiUi be. pbJigcd to nothing, but what we
ourfelves are to gain or lofe fomcthing by ; for noth-
ing elfe can be a *' violent motive*' to us. As we
Uipujd not b? obliged to obey the laws, or the magif-
trate, unjpfs rewards or punij(hments, pleafure or
pain, fome how or other depended upon our obedi-
ence ; fo. neither iboujd we, without tb^ fame rea-
fon, b^ obJ^ed to do what is rigbt, to pradife vir-
tue, or tp obey the commands of God;,

M»ra ObKffiikik. 59

CINpter IIL

THE QUESTION, WHT AM J OBLJGED W

icEEp Mrrrojw? resumed.

Let it be remembered, that to be ciligid^ ** 10
to be urged by a violent motive, refulting from the
command of another."

And then let it be aOced, Why am I nili^sdt^
keep my word? and the anfwer will be, ^^becaufe I
am vrged to do fo by a violent motive'* (namely, the
expe<£bition of bein^ after this life rewarded* if I do*
or punifhed for it, of I do not) '* refulting from the
concimand of another'' (namely, of GodO

This folution goes to the bottom of the fubjed, u
no farther queftion can reafonably be aiked.

Therefore, private happineis is our motive, and
the will of God our rule.

When I firft turned my thoughts to moral fp^cu-
lationst an air of mydery feemed to hang over the
whole iubjecl: ; whioi arofe, I believe, from hence--**
that I fuppofed, with many authors whom I had
read, that to be ^bjig^d to do a thing, was very differ*-
ent from being induced only to do it j and that the
obligation to praftife virtue, to do what is right, juft,
&c. was quite another thing, and of another lund*
than the obligatiqn which a foldier is under to^ obey
his officer, a fervant his mafter, or any of the civil and
ordinary obligations of human life. Whereas, from
what has been faid it appears, that moral obligatiofi
jis like ^11 other obligations ; and that all ^bUgatMi is
nothing more than an inducement of fufficient
ftrengtn, and refulting, in fome way, from the com*
ipand of another.

There is always undcrftood to be a difference be*
tween an aft 01 prudence arid an aft of duty. Thus, if

I diftrufted a man who owed me a fum of money, I
Ihould reckon it an ad of prudence to get another
perfon bound with him ; but I ftiould hardly call it
an aft' of duty. On the other hand, it would be
jthpu^ a. very unufual and loofe kind of language*
to fay; that as I had made fuch a promife it was pru'^
dent to perform it ;' or that as my friend, when he
went abroad, placed a box pf jewels in my hands, it
would be fru£nt in me to pretervc it for nim till he
returned. ' '

Now, in what, you wUl a0c,does the difFerence con-
Jft ? inafmuch as, according to our account of the
matter, both in the one cafe and the other, in acis of
duty as well as afts of prudence, we confider folely
what we outfelves fliall gain or lofe by the aft ?

The diflFercnce, and the only difference, is this ;
that, in the one cafe we confider what we fhall gain
or lofe in the prefent world ; in the other cafe we con-
;fider what alio we ihall gain or lofe in the world to
come.

Thofe who would eftabliih a fyftem of morality,
independent of a future ftate, muft look out for fome
'different idea of moral obligation ; unlefs they can
ftew that virtue condufts the poffeffor to certain hap-
pinefs is this life, or to z, much greater {hare of it,
than he could attain by a different behaviour,

;To us thore arc two great queftions ;

'I, Will there be after this life any diftribution of
rewards and punifliments at all ?

^T. If there be, what aftions will be rewarded, ajid
what win be puniflied ?

The firfl: queftion coraprifes the credibility of the
Chriftian religion, together with the prefumptive
proofs of a future retribution from the light of na-
ture. The fecond queftion compfifes the province
of morality. Both quefiions arc too much for one

TBeWiac/God. €t

work. The affirmative therefore of the firft, although
we confeis that it is the foundation upon which the
whole fabric refts, muft in this treatife be taken for
{^ranted.

Chapter iv.

THE WILL OF GOD.

As the will of God is our rule, to inquire what
is our duty, or what we are obliged to do, in any in-
ftance, is, in efFedt, to inquire what is the will of God
in that inftance ? which confequently becomes thd
whole bufinefs of morality.

Now there are two methods of coming at the will
of God on any point :

I. By his expreis declarations, when they are to be
had ; and which muft be fought for in fcripture.

II. By what we can difcover of his defigns and dif*
pofitions from his works, or, as we ufually call it, the
light of nature.

And here we may obferve the abfurdity df feparat^
ing natural and revealed religion from each other.
The objed: of both is the fame — ^to difcover the will of
God— and, provided we do but difcover it, it matters
nothing by what means.

An ambaflador, judging by what he knows of his
fovereign's difpofition, and arguing from what he
has obferved of his conduft, or is acquainted with
his defigns, may take his meafures in many cafes with
fiifety ; and prefume, with great probability, how
his mafter would have him acl on moft occafions that
arife : but if he have his eommiifion and inftruclions
in his pocket, it would be ftrange not to look into

tkcnu He ^riH natunlljr oondtift himfdf by bodi
jniks ; when his iofiru^ifiiia are clear and pofitive,
there b an end of all £uther deliberation (unlei^ in*
deed he fufpeft their authenticity) : where hia in-
ftru^ons are filent or dubious, he will endeavour to
fupply or explain theoi, by what he has been able to
coUeft from other quarters of his matter's general
inclination or intentions.

Mr. Hums, in his fourth Aj^ndix to his Princi-
ples of Morajb, has been pleafed to complain of the
modem fcheme of uniting Ethics with the Chriftian
Theology. They who find themfelves difpofed to
join in this complaint will do well to obferve what
Mr. Hume himfelf hasbeeti able to make of morality
without this union. And for that purpofe, let them
read the fecond part of the ninth fedion of the above
eflay ; which part contains the praftical application
of the whole treatife,— a treatiie which Mr. Hume
declares to be " incomparably the beft he ever wrote.'*
When they have read it over, let them confider,
whether any motives there propofed are likely to be
found fufficient to withhold men from the gratifica-
tion of lufi, revenge, envy^ ambition, avarice, or to
prevent the cxiftencc of thefe jpaffions. Unlefs they
rife up from this celebrated euay, with ftronger im*
prefiions upon their minds, than it ever left upon
mine, they will acknowledge the neceflity of addi*
tional fandlons. But the neceflity of thefe ian&ions
is not now the queftion. If they be infa^ ejiablijbed^
if the rewards and punifliments held forth in the
gofpel will aftually come to pafs, they muft be con-
udered. Such as rejed the Chriftian religion are to
make the beft fhift they can to build up a fyftem,
and lay the foundations of morality without it*
But it appears to me a great inconfiftency in thofe
who receive Chriftianity, and expeft fomething to
come of it, to endeavour to keep all fuch expeda-
tions out of fight in their reafcning^ concerning hu^
man duty.

Xbt Divine BenropUm^ 6%

The method of qoming at the will of Cod cdnccrn-i
ing any aAion, by the Kgnt of natui^e, is to inquire in^
^o '^ the tendenqr of the a^on to promote or dimiu^
i£b the general happineis/' This rule proceeds upon
the prefumption, that God Almighty wills and wiih*
es the happinefs of his creatures } and coniequentlyi
that thofe actions, which promote that will and wiih^
mull be agreeaUe to him ; and the qontrary.
' As this prefumption is the foundation of out
whole fyftem, it becomes necefiary to explain the
reafdns upon which it refts*

Chapter V.

THE DIVINE BENEVOLENCE*

AAr HEN God created the' human fpecies, ei-
ther he wiihed their happinefs, or he wiflied theit
mifery, or he was xndifierent and unconcerned about
both.

If he had wiihed our mifery, he might have
made fure of his purpofe, by forming our fenfes to
be as many fores and pains to us, as they are now
inftrumcnts of gratification and enjoyment ; or by
placing us amidft objcfts fo ill fuited to our percep*
tions, as to have continually oflFended us, inftead of
miniftering to our refreftiment and delight. He
might have made, for example, every thing we taft-
ed bitter ; every thing we faw loathfome ; every
thing we touched a fting j every finell a ftench j ana
every found a difcord.

If he had been indifferent about our happinefi or
mifery, we muft impute to our good fortune (as all
defign by this fuppofition is excluded) both the ca-
pacity of our fenfes to receive pleafure, and the fup-
ply of external objeds fitted to produce it.

64 ^^ Shrrte Bene^Hfic^

ItM eitli^ if t&ffe, ancl' ^ iKbrt fe6tK «f tSetn,
fc^hg too mifch' W Be ittf ibutetf tb' aodiderit, riblh-
itej^ i^<^iriaiftS blif tfi6 Hrfl fu*poftfSta\ that God, t^li^ri
he created tlife Wihart fpecfes, Wiflted tlifei* ha^^U
lieft, and riiadfe for tKcm f Hfe J)f ovifiofi #M<ih hg hft^
ihafde, \»ritlt Hkt viev^r, 2md for that pti!*p6fe.

The fame afguhltirf ma^ i>e pf opofed in ^UlScreni
terms, thus - e6htr!v4ttce pi6^^ ^^$? 5 *^ **^*
predominant tendency of thfc contrivance inldifcates
thi difpofition 6f the defigneV. Tfii M^orld abbimdU
with contrivances ; and all the cohttivaitcte M^KidB
we are acquainted with, are direfted to beneficial
purpofes. Evil no dtmbt exifb j but is never, that
we can perceive, the objeft of contrivance. Teeth
are contrived to eat, not to ache ^ their aching now
and then is incidental to thp con'trivance, perhaps,
infeparable from it^ or even, if you will> let it be
called a deft^ iti the contrivance ;' but it is not the
objeft of it. This is a diftindion; which well dcferves
to Be attended to. In rfefcriblngimplement&of hirf-
Jbandry, you would fiafdiy fay of a fickle, that it Is
made to cut the reaper's ftigers, though frbln the
conftruftion of the infiniment, and the manner of
uiing it, this inilfchief orten happens. But if you
had occafion to defcribe inftruments of torture or
execution, this engine, you would fay, is to extend
the fin'ews ; this to diflocate the joints : this to
btea^ the bones ; this to fcofch the loles or the feet.
Here pain and mifery are the very objefts of the
contrivance. Now nothing of this fort fe to be
found in the Works of nature. We never difcOver
k train of contrivance to bring about an evil purpofe.
iTo anatoniifE ever difcoverid a fyftem of organiza-
tion, calculated to produce pain and difcafc ; Or, in
explaining the parts of the human body, ever faid,
this is to irritate ; this to inflime ; this duA is to
convey the gravel to the kidneys ; tbis gland to fe-
ctete the humour which forms the gout : if by
chance he come at a part of which he knows ^ot

■f

^ Divfiff 9pm)olenee. t$

'the life, the moft he can fay is/that it |s ufelefs ; no
one ever fu%>e&s that it is put there to incommode,
to annoy or towment* ^nce ihcA God hath called
forth his confummate wifdom to contrive and pro-
vide for our happioefs, and ^he world appears to
have been conilituted with this defign at firft, fo
long as this conftitution is upholden by him, we
mim in reafoq fuppole the fame defign to continue*
The contemplation of univer£il nature rather be*
wiiders the mmd than affe^ it. There is always a
bright fppt in the profpeft upon which the eye refts ;
a flngle example, pci4iaps, by which each man finds
<him4elf nK)re convinced than by all others put togeth-
.ear. I feemt for my own part, to fee the benevo-
4ence of the ©eity more dearly in the pleafures of
very young diildren, than in any.thing in thie world.
The .pleafures of grown perfons may be reckoned
partly of their own procuring ; efpecially if there
4as been any induilry, or contrivance, or purfuit,
to come at them ; or if they arc founded, like muv
•fie, painting, &c. upon any qualification of their own
acquiring. But the pleafures of ^ healthy infant
are ib manifeftly provided for it by another^ and the
tbenevolence of the provifion is lo unqueftionable,
<that every child I fee at its fpprt affords'to my mind
a land of fenfible evidence of the finge^ of 6od,
and of the difpofition which direds it.

But the example, which ftrikes each man moft
^ongly, is the true example for him \ and hardly
two minds hit upon the .fame; which fhews the
abundance of fuch examples about us.

We conclude, therefore, that God wills and wiih*
es the happina& of his .creatui^. And this conclu*
fion being once eftabliihed, we aife at liberty to go
On with the rule built upon it, ns^mcly, " that t^e
nvethod of coming at the will of God, concerning
^ny adion, by the light of nature, is .to inquire into
jhe .tendency oif that a^klon to promote or diminiih
the general happincfe;*'

/

eiiaptef VI.

UTILITT, .

So then a^ons are to be efUipated by their
tendency.* Whatever is expedient h right. It ia
the utility of any moral rule alone which conftitutea
the obligation of it.

3ut to all this there feepis a plain obje&ion^ viz.
that many actions are ufeful, which no man ia hl^
fenfes will allow to be right. There are occafions.
In which the hand of the aflaifin would be very ufe«
ful. The prefent pofleiTor of fome great eflate em-
ploys his influence and fortune to annoy, eorrupt, or
opprels all about hipi. His eftate would devolve, by
his death, to a fucceflbr of an oppoiite charader. It
is ufeful, therefore, to difpatch inch a one as foon as
poi&ble out of the way ; as the neighbourhood will
change thereby a pernicious tyrant for a wife and
generous benei^&or. It may be ufeful to rob a inif-
er and give the money to the poor ; as the money,
no doi^, would produce more happinefs, by being
laid ov^P^n food and clothing for half a do^en diftreif
ed families, than by continuing locked up in a mifer's *
cheft. It may be ufeful to get pofleilion of a place,
a piece of preferment, or of a feat in parliament, by
bribery or falfe fwcaring ; as by means of them we
may ferve the public more effectually than in oijr
private ftation. What then fliall we fay ? Muft we
admit tbefe a&ion^ to be right, ^hich would be to

* AdHons in the shdtmS: are iright or wranz, a^ccordipg to their tendency g.
the agent is virtuous or vicious, according to liis defign. Thus, if the quef-
tion be, Whether relieving eommon beggars be right or wrong ? we inquire <
into the tendenty of fuch a condu(5l to the public advantage or inconvenience
If the queftion be, Whether a man remarkable for this fort of bounty, is to
be efteemed virtuous for that reafoa ? we inquire into his drfign, whether hi«
liberality fprung from charity or from oftentatioa i It is padcQt th^t <^
f pncern is with atftions in the abflra^t.

jtAify aflaffinatidioi, plunder, and periury ; or muft
we give up our princiide» that the cnterion of right
IS utility ?

It is not ncceflary to do either* «
- The true anfwer is this j that thefe anions, afiber
all, are not ufeful, and for that reafon, and that
alone, are not right.

To fee this point perfeAly, it muft be obfcrved
that the bad confequences of adions are twofol^y
particular and generaL

The particular bad confequence of an adion, i»
the mifchief which that fingle adion direftly and
umnediately occafions.

The general bad confequence is, the violation of
fome neceffary or ufeful general rule.

Thus the particular bad confequences of the af.
faffination above defcribed, are the fright and pain
which the deceafed underwent ; the lo5 he fuffered
of life, which is as valuable to a bad man as to a good
one, or more fb ; the prejudice and affliction, of
which his death was the occ^on, to his family^
friends, and dependants*

The general bad confequence !s the violation of
this neceflary general rule, that no man be put to
death for his crimes but by public authority.

Although, therefore, fuch an adion have no par-
ticular bad confequence, or greater particular good
confequences, yet it is not ufeful by reafon of the
general confequence, which is of more importance,
and which is evil. And the fame of the other two
inftances, and of 4 million more, which might ba
mentioned.

But as this folution fuppofes, that the moral gov^
crnment of the world muft proceed by general rules,
|t renjains that we fliew the neceffity of this.

iti Tie Vfc^jUf tf Cenerai Rules*

: Tip: NEC;£5,SJTT OF

JLOU cannot permit one a<El;ion awJ fort^id
^another, vithctut Ihewi^g a.difiei;ence betyeei;! .t^hem. .
Cpnfe^^xQntly^ the ^n[ielor.t,oi^<iions n\yJ^ begeper^
ally permitted or generally^ fQi;|;)i44e;P- \V,he;re,
4liei;eforc, .the^Quer^ p€]:;nui(Q^ of tjl^eip ;!p^Qvld be
pernicious, it becomes ^eceiJary to lay.dqvj^^i j^m^ f\tp-
poft the rule which generally forbid^ t;hena.

■JTius, tq return Qnce,mQi:e .^o the c^fe pjf .the affafi
fin. The affaflin .Joiocked the rioh viUayi on .t|;\e Jiead,
•becaufe |ie thought iiiui ihetter out.of »the *way than

■ in it. If yo|i allow this excufe in tl^e prefect ip* ,
ilance, you muft i3illo>y it.^o^^, y/ho aft ui the f^nje
jnanncr, and from the fame motive j that is, you
ipuft allow every man to JciU any qr^e he meets, whom
J^e thinks noxious or utelcfs ; v^hich, in the event,

4 would be to commit every Wn's vfe arid f^ety to

.tht fpleen, fury, and fmaticifm of Jiis lieighbour — a

^i^poiition of a£Btirs which wq^Ud iopn fill the, world

with mifery aiid confufipp ; and e?e long put ^ncnd,

» ti^J^uman focii^ty, if not to the human ^edes.

The Jieccffity of general xvilcs \n ^^^mian gover^-
inen^s^s /ipparent : bpt yrhether the fanae rxecefliQr
4ubfiftin the .divine .economy, in that diftributiop pf
.rewards and puniihments, to which a iporalift looks
^forward, may j?e doubted. *

I anfwer, that general rules are neceffs^ry to. every
jmoral go.v(?rnment ; and by moral ^pvernment I
mean any difpeniation, whpfe objed is to infiuen^c
* the conduft of reafonable creatures.

For if, of two aftions perfeftly fimilar, one be pun-i
iflied, and the other be rewarded or forgiven, which
Is the confequenceof rejefting general rules, the fub^
jeils of fuch a difpeniation would no longer know.

The Nec^ff tf Gingriit Biles. . 6y

Hdrtf ^hftt to dxpeS^ or bow to xBt. Rewatrcb s^d
pUliHBtflttlt8'1K^ouid^^^ \cfht fiKhr— ^vmald become
accidents. Like the ftroke of a thunderbolt, ot the
dMbovferf cyf ar minei, Mke « blank or benefit tick^ in
^Idttiij^thty would occafidn psin or plesifure wHeir
they h^ipehed ; biit fefidwing in no known brjckr^
from' ant j^aorticular cburft of adion,' they could have
no previoos influencd or effed upon the conduft;

Anateentitoh to genersd nkles, therefore, is ihclnd-
edtnfthe very idea of reward and puiiHhni«nt. . Cow
fequientlry virhatever i^eafoh there is to ejcped fbture r&«
ward and puniihment at the hand of God, there it
thefanis reafiin to beliisve, that he vfUlf pvoceed in
dii^ dfeftfflbutkm of It by genial rulesi

Before we profecute the confideration of general
confequencos any farther,' it may be proper to antic- -
ipate a refledion, which will be apt enough to fug«
geft itfelf in the pir6|;reft of our argliment.

As the genbral confequence of an adion, upon
which fa mucb of the ^ilt of a bad aiftion' depend^
coniiils in the example ; it fliould fcem, that, if the
action be done with pcrfeA iecrecy, fo as to furniih
no bad example, that part of the guilt drops off.
Jh the cafe of iuicid^e, for inilance, ir a man caii fo
manage matters, as to talLe away his own life, with-
out being known of fu(pe^i^^ to have done fo, be
is not chargeable with any mifchief from the examt
pie; nor dbes his punimment feem necefTary, in
order to fave the autnority of any general rule.

in the firft place, thofc who reafon in this manner *
do not obferve that they are fettirig up a general
rule, of all others the leaf^ to b^ endured ; namely,
that fecrecy, whenever fecrecy is prsufiicahle, will
jufiify any action.

Were inch a rtile admitted^ for inftance, in the
Cafe ibo^e prodticed, is there not reafon tafear thai
people would be difdfpiajVrig pvp^tvaUj: jj ,",

|n the next place, I would iHih them td be ^9ftA
£itisfied about the poiuta propofed in the fdAowing
queries :

I. Whether the fcriptures do not tach ua to ex-^
peA that at the general judgmefit of the world, tte
moil fecret adions will be brou^ to light ?*

a. For what purpofe can this be, but to make
them the obje&s of reward and punifliment ?

3, Whether being fo brought to light, they will
not fall .under the operation of -thofe equal and im^
partial rules, by which God will, deal with his crea^
tures?

TJieyjwjUthen become examples, whatever they
be now ; and require the £mie treatment from the
' judge and governor of the nioral world, as if they
Jiad been detected froih the firft^ *

Cfiapter viil

THE CONSroERATION OF GENERAL CON^
SEQUENCES PURSUED.

1 HBl genei'al donfequeiice of any aftion may
be eftimated, by aiking what would be the confe-i
quence, if the fame foil of aftiotis were generally
permitted. But flippofe they were, and a thoufand
luch actions perpetrated under this permiffion ; is it
juft to charge a firigle aftion with the coUefted guilt
and mifchief of the Whole thoufand ? I ahfWer, that
the reslfOn fof prohibiting and piinifhing an adion
(and this teafon may be called the guilt of the aftion,
if you pleafe) will always be in propottion to the
whole mifchief that would afife frbm tlie general

* <* In the dfty when God fliall judge the fectefi of ihea by Jefus Chrift.*'
Konu xi. z6—^ Twdce nothing before the time until the JLord come, wh#
inn bring to fimt me hidden things of darkneft^and will oiake manifcft the
tvunieU of the MUti'' t. Cv« rrt ^4. ^ .

General Con/iquences furfued. yt

tmptlnity and toleration of anions of the fame
fort.

" Whatever is expedient is right/* But then it
muft be expedient upon the whole, at the long run,
in all its effeds, collateral and remote, as well as ifi
thofe which are immediate and dire A ; as it is obvi-
ous, that, in computing confequences^ it makes no
difference in what Way or at what diftance they enfue.

To imprefs this doftrine upon the minds of young
readers, and to teach them to extend their views be-
yond the immediate mifchief of a crime, I fhall here
fubjoin a ftring of inftances, in which the particular
confeqUente is comparatively infignificant; and
where the malignity of the crime, and the feverity
With which human laws purfiie it, is almoft entirely
founded upon the general confequence.

The particular confequence of coining is, the lofs
of a guinea, or of half a guinea, to the perfon who
receives the Counterfeit money ; the general confe-
quence (by which I mein the cionfequence that would
enfue, if the fame pradtice Were generally permitted)
is to abolifh the tife of money.

The particular confequence of forgery is, a damage
of twenty or thirty pounds to the man who accepts
the forged bill ; the general confequence is the ftop-
page of paper currency.

The particular confequence of flieep-ftealing, or
horfe-ftealing is, a \o& to the ojvner, to the amount
of the value of the flieep of horfe ftolen ; the general
confequence is, that the land could not be occupied,
nor the market fupplied with this kind of ftock.

The particular confequence of breaking into a
houfe empty of inhabitants is, the lofs of a pair of
filver candlefticks, or a few fpoons ; the general con-
fequence is, that nobody could leave their houfe
empty.

The particular c4|ifequence of fmugglin^ may be
a dedudion from the national fund, too minute for
K

f% Tkc Cofifideraiion ff^ Csff.

computation: the ^enief4 copfequence is, tJbtjB dtt^
finxdlion of one entire branch of public revenue i a
prppof tionable incrp^fe of thp burthen uppi^ othei^
Ir^^chf^s ; ki^4 ^he ruin of ii\ f^r ^d op^Q. trafle ifi
\\if article (muggled.

The particular ^opfequemce of ^n officer's hrealpng
his parole is, the lofs of a prifoner, who was poilibly
not worth keeping ; fhe general coniecjuence ^, that
this mitigatiQu of captivity woul4 be refpfed tq all
9thers.

And what proVi^s in(:ontcftibly the fupprior import-
ance of general cpnfequences is, that criiifies are th^e
|ame, ^nd treated in the fame manper, though thi^
Particular confequence be yery different. The criiqe
and fate pf th^ houfe-breaker is the fame wh^th^
nis booty be five pounds or fifty. And the reafpfi
is, that the general confequence is the fan^e

The want of this difiindion between particular
ancl general confequ^npes, pr rather the not fuificienf-
ly attending to the latter, is th« p^ufe of that perplfsH*
ity which we meet with in ancipnt moralifis. On
the one hand, they were fenfible of the abfur^lity of
pronpiincing adions good or eyil, withoi^t regard to
the good pjT evil they produced. On the other hand*
they were fiartled at the conclufions to which a fieady
adherence to confequences feemed fometimes to con-
duct them. To relieve this difficulty, they contriv-
ed the TO wfeTTQf^ or the bone^uniy by which terms they
ineant tp conftitute a meafure of right, dilliqcl frq^
utility. Whilft the uti/e feryed them, that is, whilft
it correfponded with their habitual notions of the
re£^itude of anions, they went by it. When they
fell in with fuch cafes as thofe mentioned in the fixth
Chapter, they took leave of their guide, and reforted
to the honefium. The only ac^o^nt they could give
of the matter was, that thefe adlions might be ufeful ;
but, becaufe they were not at '4ie iame time bonejla^
they were by no m^jins to ^e deemed jufi or right.

Of Right. f^

Tf ohi tic principles delivered in this and th* two
prcccdrng Chapters, a rfiaxim may be eiplained, which
li Jn eViry man's mouth, and in moft men's without
rteatllhg, vi^. " not to do evil that good may come '/^
ifiit is, let us Hot violate a general rule for the fake
6f ahy particular good tfonfequehce we toiay expect.
Whiih is for the mbft part a falutaly caution, th^ ad-
Vah^i^ feidom compenfating for the violation of
lihc' rule. StricJHy fpeaking, that cannot be " evil*'
ff&ni whtch *' good comes ;" but in this wiy, and
#ith a view to the diftinftion between particular and
gin^tal cohfequences,' it ihay;

We -^ill cbhciude this fubjeft of confequenees with
<h4 following reflefllion* A itian may imagine, that
arty aiftitort of hid, i^^ith l^efpeft to the public, muft
b<i ihiidiificieriblk : fo alfo is the agent. If his crime
produce but a fmaB e£Feft upon the univerfil inter-
eft, his punifhment or deftruftion bears a fmall pro-
portion to th< fum of happincfs and mifery in the
creation.

k.

OF RIGHT.

^IQHT and obligation are reci]^rocal ; that li^
wherever there is a right in one perfon, thefe is a
(ofrefponding obligation \ipon others. If one man
has a " right" to an eftate, others are ** obliged" to
abftaid firom it : If parents have a " right" to irev-
er^nbe from their children, children arc " obliged"
to reverence their parents ; and fo in all other in-
fiances.

Now, bacaufe mot^I ohligathn depends, as we have
feen, upon the will of God, rigbt^ which is correla-
tive to it, muft depend upon the fame. , Right therc^
fore fignifieSj^ conjijlency with the will of God.

74 Of Right.

But if the divine will determine the diftin^cn of
right and wrong, what elfe is it but an identical
propofition, to fay of God, that he afts right ? or
how is it poffible even to conceive that he ihould aft
wrong ? yet thefe affertions are intelligible and fig-
nificant. The cafe is this : by virtue of the two
principles, that God wills the happinefs of his area-*
tures, and that the will of God is the meafure of
right and wrong, we arrive at certain condufions ;
which conclufions become rules ; and we foon learn
to pronounce anions right or wrong, according as
they agree or difagree with our rules, without look^
Jng any farther ; and when the habit is once eftab-
liihed of flopping at the rules^ we can go back and
compare with thefe rules even the divine condu6^
itfelf, and yet it may be true (only not obferved by
us at the time) that the f ules themfelves are deducec^
from the divine will.

Right is a quality of perfons or aftions.

Of perfons ; as when we fay, fuch a one has a
** right'* to this cftate ; parents hav? a " right'* tq
reverence from their children j the king to allegi*
ante from his fubjefts ; matters have a " right" to
their fervants* l^ibour j a man h?ith not a ^* right'*
over his own life.

Of aftions ; as in fuch expreflions as the following}
it is " right** to punifli murder with death ; bis be-
haviour on that occafion was " right ;** it is not
*^ right** to fend an unfortunate debtor to jail ; he
did or afted " right,** who gave up his place rather
than vote againft his judgment.

In this latter fet of expreilions, you may fubfiitute
the definition of right above given for the term itfelf,
V. g. it " is confiftent with the will of God** to pun-
ifli murder with death — his behaviour on that occa^
fion was "confiftent with the will of God" — it is not
^' confiflent with the, will of God*' to fend an unfor-
tunate debtor to jail — ^hc did, or aftcd " Qoufifteptly

^tb the ^priU of Qod," wha gave up Ji« place ratter
than vote againft his judgment.
. In the former fet, you muft vary the phrafe a lit^v
fie, when you intrpdHce the definition inflead of the
term. Such a on? has a " right" to this efiate, tha^
is, it is « confident with t^e will of Go4" that fuch
a one ihould have it — parents h?ive a " right" to rev^
erence from their children, that is, jit is " confiftent
with the will of God/' that children ihould rever*
ppce their parents ; and the lame of the reft.

THE DIVISION OF RIGHTS,

Rights, wh? n applied to perfons, ar^i
J^^atural or adventitiou3,

Alienable or unalienable, .

Perfeft or imperfeft.
First, Rights are natural or adventitious.

Natural rights are fuch as would belong to' a man;
although there fubfifted in the world no dvil gov.
ernment whatever.

Adventitious yights ajre fuch as would not.

Natural rights are, a man's right to his life, limbs,
and liberty; his right to the produce of his perfon<r
al labour ; to the ufe in common with others, of
air, light, water. If a thoufand different perfons,
from a thouland different corners of the world, were
caft together upon a defert ifland, they would from
the firft be every one entitled to thefe rights.

Adventitious rights are, the right of a king over,
his fubjefts ; of a general over his foldiers ; of a
judge over the life and liberty of a prifoner ; a right
\Q eleft or appoint, magiftrates, to impofe ta^es, 4?^

property; a right, B « #6yd, M ^hf 6nt mail e^
pki'tfcftl&f iSoSf of ffieft, fo fHiV laW9 and ^i^a-
ddns fdf the t6hi fUt tttmd 6f thtfe i'^hC^ w6u»
ttiil i% th» he^ inttalnlia iikM;
• And fiere it #ili bt iflted,' h&M/^ i^entltlbiM
ri^tsr are ci^eaf ed i 6ti ^MAifi is the fkikh thi/r^, hi^
ifly n^W rigM^ cMl ^cdhiS fhsfM the elbMilBineilf Sf
dva focieiy ;* ai rights oF all kkuki, #d i^itii^^ber/
depend updii tRe vm 6f Grodj a«d eH41 feekiy i»
but the ordinance and inftitution of man ? For the
folution of this difficulty, we muft return to our firft
principles. God wills the happineis of mankind,
and the exifience nf civil fociety^ as conducive to
that happineis. Cohfe^udritly, many things, which
are ufeftil for the fupport of civil focicty in general,
or for the condti^cF aUd cddverlatibh of particular
focieties .already eftablifhed, are, for that rcafon,
"contfftent witKffie l*rltf of God/* o^ *« fight,"
which without that reafofl', i. e. withotrt the cftab-
liihment of civil fociety, would riot haVc been fch

From whence alfo it appeafs, that adVentiti6us[
rights, tkOtl^ ltt}iii»di€R:t;)y deti^tA from human
appointment^ af e not for that reaibn lefs facred than
natural rights^.. nor the obli^tion to refpedi thera
lefs cogent. They both ultimately rely upon the
fame authority, the will of God. Such a man
claims i, tight t6 i Mrticulat ^ftate. He cati flxfew,
it is true, nothing fof hifr fight, but a rule of the
civil cdmmHnify to ^icE h^ belonn } atid this rvito
may h6 affblti^y; caprici<)i<$ and atnurd^ Notwlth-
ftandlfig 211 this, there ti^^mld be the fame flu in dii&
^offi^fflng th« ttian of hi^ eftlte by craft or violence^
a6 if it had been afllgiicid €6 hiih, like thd partition df
the country amorigft the tMrclve ttibtt^ by the itM
m^distte €iefignatloh aild ap^MHntMetit Gi Heavdii.

Secondly, Rights are alienable or unalifriabic-t
Which terms expdain th^mfdhres*

• T^$ i^i^t inre kwQ to mf& qi tltofe t|ung^, wbicb
"^^ call i^xppqrty, a^ hp^iiW^ ^n<i^ PP^y^ &c. if

Jhc rigl).t q£ a pxipce ov^ his pf pple» 0(f f lu^
bf nd ovec his wiif > 9^ ^ m^A^ over foia iepiif^^ ^
g^lior^y af^d n^^ura)|]r ^uaie^fen^bk.

Th^ <l4i(kia^an 4^i;a4« uppp tfayo ipp^e of sic^v^i**
ling the right. If the right ppgifiatf Uom » Pont
jtr9^, ^4 te limited ^ th^ ferjon by the expre&
^fl}s of t:h? jCQ^tir^, or by the cpmxnon interpretar
tion of filch ccntfa£t^y (which is eqi^^yal^^t tp ^ eo^f
preis ftipulsition) or by a prfintU comfition annexed
to the right, then it }% uaalienahl^. In aU othejr jcafc|
jit 13 alienable.

Th^ right to ciy^ ii^bert^ is alienable ; though if
the vel^eoipj^ce of men'? zeal for it, ^n4 ^n the l^nr
guage of fonie polit^c^ feinonftrances, it has often
been pronounced to be an unalienable right. Ili^e
true re^pi^ why mapku^d hpl^ in deteSaxipn tb^
ineq[ipry of thole who have ^old their liberty to a
tyrant^ is, that together with their owi^^ they fol^
cpxqinoniy, or endangered fhe liberty of others ;
whi^h certainly (h^y ^a4 ao righjt to 4Upo^ 9^*

Thirdly, Rights are perfeft or injperfeft.

Perfeft rigl^^s may be afferted by force, ,or, wh^
in ciyU fodetv cp^es iiftp the place of private forcc^
by courfe of law.

Imperfed fights may not.

Examples of per£eA rights. A man's right to hif
life, perlon, houib ; for it tfaefe be attacked, he may
repel the attack by infiast viplence, or punifli tbb
'^ggf eflTor by law : a man's right to his eftate, jfurni-
ture, clothes, money, and to alj ordinary articles of
fHTpperty ; for if they be infurionfly taken frot^
him, he may compel the author of the injury t#
make reftitution or J^sfaeUon. >

Examples of imperfed rights. In eleftions or ap
pointment^ to o^ces, where the qualifications ztt

Jrfc fbe Divijion of kigbtsi

t)refcribed, the beft qualified candidate has a right
to fuccefs ; yet if he be rqefted, he has no remedy.
He can neither feize the oBSice by force, nor obtain
any rcdrefs at law ; his right therrford is imperfeft.
A poor neighbour has a right to relief; yet if it bfc
reftifed him, he muft not extort it. A benefadot
has a right to returns of gratitude from the perfon
he has obliged ; yet if he meet with none, he muft
acqiiiefce. Children have a right to affedion and
education from their parents ; and parents, on their
J)art, to duty and reverence from their children ;
Vet if thefe rights be on either fide withholden, there
is nt> compulfioh to enforce them;

It may be at firft view difficult to apprehend how
i peribn ihould have a right to a thiiig, atid yet have
no right to life the means nccefiary to obtain it.
This difficulty, like moft othdfs in morality, is re-*,
folvable into the neccffity of general rules. The
reader recollects, that a petfon is fkid to have a
** right'* to a thing, When it is " confiftent with the
will of God*' that he fliould poffefs it. So that the
queftioh is reduced to this ; how it comes to pafs,
that it ihould be confiftent ^th the will of God,
that a perfon ihould pofieis a thing, and yet not be
confiftent with the iame will that he mould ufe
for<;e to obtain it ? The anfwer is, that by reafon of
the indeterminateiieis, either of the objecl, or of the
drcumftances of the right, the permiffion of for<te
in this cafe would, in its confequence, lead to the
|ierniiffioh of force in other cafes, where there exift-
ed no right at all. The candidate above defcribed
kas, no doubt, a right to fucceis ; but his right de*
pends upon his quaUfications, for inibnce, upon hii
comparative virtue, learning, &c. there muft be
Ibmebody therefore to compare them« The exiil*
•nee, de^ee, and refpedive importance of thefe
qualifications are all indeterminate ; there muft be
£miebody therefore to determine them. To allow
the candidate to demand fucceis by force^ is to make

Tie Divijim of Rights. 79

htm the judge of his own qualifications. Tou cam
not do this, but you muft make all other candidates
the fame ; which would open a door to demands
without number, reafon, or right. In like manner,
a poor man has a right to relief from the rich ; but
th^ mode, feafon, and quantum of that relief, who
fhall contribute to it, or how much, are not afcer-
tained. Yet thefe points muft be afcertained, before
a claim to relief can be profecuted by force. Fot
to allow the poor to afcertain them for themfelves,
would be to expofe property to io many of thefe
claims, that it would lofe its value, or ceafe indeed
to be property. The fame oMervation holds of all
other caies of impqrfeA rights ; not to mention,-
that in the inftances of gratitude, afiedHon, rever*
ence, a»d the like, force is excluded by the very-
idea of tl^c duty, which muft be voluntary, or not
at all.

Wherever the right is imperfed, the correfpond*
ing oUigation is fo too. I am obliged to prefer tb^
beft candidate, to relieve the poor, be grateful to
my benefadors, take care of my children, and rev*
erence my parents ; but in ail thefe cafes, my obU*
gation, like their right, is imperfeA.

I call thefe oblintions ^^ imperfed,** in conform*
ity to the eftablilned language of writers upon the
fubject. The term, however, feems ill chofen on
this account, that it leads many to imagine, that
there is lels guilt in the violation of an imperfedl
obligation, Xmn of a pe^feft one ; which ts a ground*^
Icfe notion. For an obligation being perfeft or im-
perfed, determines only whether violence may olr.
may not be employed to enforce it ; and determine
nothing elfe. The degree of guilt incurred hy vio*'
lattn^ the obligation is a different thin^. It is de*
termmed by circumftances altogether independent''
ofiithis diftin&ion, A than, who by a partial, preju^-^
diced, or corrupt vote,^ difap0>ints a worthy c^ndi«
ibte of a ftatioQ in life, ^poa 'iKhicb bi9 bcqpes^ f^ri^

$Q The General Rights of UfaniinJ.

iibly, or livelihood dq)ends, and who thereby gricir-
ouQy difcourages merit and emulation in others^
commits, I am perfuaded, a much greater crime,
than if he filched a book out of a library, or picked
'» pocket of a handkerchief; though, in the one cafe>
he violates only an imperfed right, in the other a
perfect one.

As pofitive precepts are often indeterminate in their
extent, and as the indeterminateneis of an obligation
is that which makes it imperfed ; it comes to pafs,
that poiitive precepts commonly produce an imper-
£eA obligation.

Negative precepts or prohibitions, being generally
predfe, conititute accordingly a perfed obligation.

The £[fth commandment is pofitive, and the duty
which refults from it is imperfect.

The iixth commandment is negative, and impofes
a perfed obligation.

Religion and virtue find their principal exercife
amongft the imperfed obligations ; the laws of civil
ibciety taking pretty good care of the reft.

Chapter xi.

THE GENERAL RIGHTS OF MANKIND,

6t the General Rights of Mankind, I mean
the rights, which belong to the fpecies colleftively ;
the original ftock, as I may fay, which they have fince
diftiibuted among themfelves.
Thefe are,

I. A right to the fruits or vegetable produce of
the earth.'

The infenfible parts of the creation are ineapible
of injury ; and it is nugatory to inqpire into the
right, where tbe^uib can be attended with no injury.

The General Rights of Mankind. %i

But it may be worth obferving, for the fake of an in-
ference which will appear below, that, as God has
created us with a want and defire of food, and pro-
vided things fuited by their nature to fuftain and fat-,
isfy us, we may fairly prefume, that he intended wfe
^ould apply thefe things to that purpofe.

II. A right to the flefh of animals.

This is a very different claim from the former.
Some excufc feems neceffary for the pain and lofs
^which we occafion to brutes, by reftraining them of
their liberty, mutilating their bodies, and, at laft, put-
ting an end to their lives, which we fuppofe to be the
whole of their exifience, for our pleafure or conve^
niency.

The reafons alleged in vindication of this praAice,
are the following : that the feveral fpecies of brutes
being created to prey upon one another, affords a
kind of afialogy to prove that the human fpecies were
intended to feed upon them ; that, if let alone, they
would over*rUn the earth, and exclude mankind from
the occupation of it ; that they are requited for what
they fuffer at our hands, by our care and protedion.

Upon which reafons I would obferve, that the an--
alogy contended for is extremely lame ; iince brutes
have no power to fupport life by any other means,
and iince we have ; for the whole human fpecies
might fubfift entirely upon fruit, pulfe, herbs, and
roots, as many tribes of Hindoos actually do. The
two other reafons may be valid reafons, as far as
they go ; for, no doubt, if man had been fupported
entirely by vegetable food, a great part of thofe ani-
mals which die to furnilh his table, would never have
lived ; but they by no means juftify our right over
the lives of brutes to the extent in which we exercife
it. What danger is there, for inflance, of filh inter-
fering with us, in the occupation of their element ?
Or what do we. contribute to. their fupport or prefect
ys^tion?

f

I

i-

(i The Gefural Rigifs rf Mankind.

It {ttm% to mt thit it would be difficult to defead
this light, by any argument which the light and or-
der ofnature afford ; and that we are beholden for
it, to the permifiion recorded in fcripture. Gen. ix.
*i, 2, 3 : ^^ And God bleiled Noah and his fons, and
faid unto them, Be fruitful, and multiply, and rcplen-
ifli the earth ; and the fear of you, and the dread of
you, ihall be upon every beaft of the earth, and upon
every fowl of the air, and upon all that moveth upon
the earth) and upon all the fiihes of the fea ; into
your hand are they delivered : every moving thing
fliall be meat for you ; even as the green herb, have
I given you aU things." To Adam and his pofterity
had been granted at the creation ^* every green herb
for meat,** and nothing more. In the laft claufe of
the paflage now produced, the old grant is recited,
and extended to the fleih of animals, ^' even as the
green herb, have I given you all things.'* But this
was not till after the flood ; the inhabitants of the
antediluvian world therefore, had no fuch permiffion
that we know of. Whether they aftually refrained
from the flelh of animals, is another queftion. Abel,
we read, was a keq>er of Iheep ; and for what pur«
pofe he kept them, except for food, is difficult to fay,
(unlefs it were iacrifices :) might not, however, fome
of the firifter feds among the antediluvians be fcru-
pulous as to this point ? and might not Noah and
his family be of this defcription ? for it is not proba-
ble that God would publifli a permiffion, to author-
ize a praAice which had never been difputed.

Wanton, and, what is worfe, ftudied cruelty to
brutes, is certainly wrong, as coming within none of
thefe reafons.

From reafon then, or revelation, or from both to-
gether, it appears to be Gad Almighty's intention,
that the productions of the earth ftouid be applied
to the fuftentation of human life. Confequentiy- all
wafte and mifapplication of thefe produdions, is

TheG^turtfl Rights rf ManUntk B^

eontrary to the divine intention and will, and there*
fore wrong, for the fame reafon that any other
crime is fo. Such, as, what is related of William
the Conqueror, the converting of twenty manors
into a fbreft for hunting ; or, which is not mudi
better, fuffering them to continue in that ftate ; or
the letting of large trads. of land lie barren, becaufe
the owner cannot cultivate them, nor will part with
them to thofe who can ; or deftroyinff, or fuffering
to perifh, great part of an article of human proviS
ion, in or£r to enhance the price of the remaind^,
which is iaid to have been, till lately, the cafe witli
fiih caught upon the Englifh jcoaft ; or diminiihing
the breed of animals, by a wanton, or improvident
confumption of the young, as of the fpawn of ihell«
fiih, or the fry of falmon, by the ufe of unlawful
nets, or at improper feafons : to this head may alfo
be referred, what is the lame evil in a fmaller way,
the expending of human food on fuperfluous dogy
or horfes ; and laftly, the reducing of the quantity
in order to alter the quality, and to alter it general-
ly for the worfe ; as the difiillation of fpirits from
bread-corn, the boiling down of folid meat for
fauces, effences, &c.

This feems to be the leiTon which our Saviour,
after his manner, inculcates, when he bids his difci-
pies " gather up the fragments, that nothing be loft."
And it opens, indeed, a new field of duty. Schemes
of wealth or profit, prompt the active part of maur
kind to caft about how they may convert their
property to the moft advantage : and their own ad-
vantage, and that of the public, commonly concur.
But it has not as yet entered into the minds of man-
kind, to refled that it is a dtay^ to add what we can
to the c<^mmon ftock of provifion, by extracting
out of our eftates the moft they will yield ; or that
it is any fin to negled this.

From the fame intention of God Almighty, wc
alfo deduce another conclufion, namely, ^^ that noth^*

^4 tbe General Rights of Mankind.

ing ought to be made exclufive property, whlcli
can be conveniently enjoyed in common/*

It is the general intention of God Almighty, that
the produce of the earth be applied to the ufe of
man. This appears from the conftitution of nature,
or, if you will, from his exprefs declaration ; and
this is all that appears hitherto. Under this general
donation, one man has the fame right as another.
You pluck an apple from a tree, or take a lamb out
of a nock, for your immediate ufe and nourilhment,
and I do the feme ; and we both plead for what wc
do, the general intention of the Supreme Proprietor.
So far all is right ; bilit you cannot claim the whole
tree, or the whole flock, and exclude me from any
fiiare of them, and plead this general intention for
what you do. The plea will not ferve you : you
muft Ihew fomething more. You piuft fliew, by
p'robable arguments, at leaft, that it is Qod*s inten-
tion that thefe things fliould be parcelled out to in-
dividuals j and that the eftablilhed diftribution,unde|:
which you claim, fhould be upheld. Shew me this,
and I am fatisfied. But until this be fliewn, thp
general intention, which has been made appear, and
which is all th^t does appear, muft prevail ; and un-
der that, my title is as good as yours. Now there is
no argument to induce fuch a prefumption but one,
that the thing cannot be enjoyed at all, or enjoyed
with the fame, or with nearly the fame advantage,
while it continues in common, as when appropri-
ated. This is true, where there is not enough for
all, or where the article in queftion requires care or
labour in the produftion or prefervation : but where
no fuch reafon obtains, and the thing is in its nature
capable of being enjoyed by as many as wnll, it feems
an arbitrary ufurpation upon the rights of mankind,
to confine the ufe of it to any.

If a medicinal fpring were difcovcred in a piece of
ground which was private property, copious enough
for every purpofe which it could be applied to, J

ThB GmraJ Rigbu $f Mankindi Bg

would award a compenfation to the owner of the
field, and a liberal profit to the author of the difcove-
ry^ efpecially^ if he had bcftowed pains or expen£e
upon the fearch ; but I queftion, whether any hu-
man laws would be juftified, or would juftify th6
owner, in prohibiting mankind from the uie of the
water, or fetting fuch a price upon it, as would al«
.moft amount to a prohibition.

If there be fifheries, which are inexhaufiible ; as
the cod-fifliery upon the Banks of Newfoundland*
and the herring-fiihery on the Britiih leas are laid
to be J then all thofe conventions, by which one or
two nations^ claim to themfelves, and guaranty to
each other, the exclufive enjoyment of thefe fifher*
ies, are fo many encroachments upon the general
rights of mankind. *

Upon the fame principle may be determined a
queilion, which makes a great figure in books of
natural law, utrum mare Jit liberum f that is, as I un-
derftand it, whether the exclufive right of navigating
particular feas, or a control over the navigation of
thefe feas can be claimed, confidently with the law
of nature, by any nation ? What is neceffary for each
nation's fafety we allow ; as their own bays, creeks^
and harbours, the fea contiguous to, that is, within
cannon fhot, or three leagues of their coaft : and upon
this principle of fafety (if upon any principle) muft
be defended, the claim of tne Venetian ftate to the
Adriatic, of Denmark to the Baltic fea, and of Great
Britain to the feas which inveil the ifland. But,
when Spain afferts a right to the Pacific ocean, or
Portugal to the Indian feas, or when any nation ex-
tends is pretenfions much beyond the limits of its
own territories, they ereft a claim, which interferes
with the benevolent defigns of Providence, and
which no human authority can juftify.

m. Another right, which may be called a gener-
al right, as it is incidental to every man who is in a

%6 the General Riglfts tf Mankind.

Ctuation to claim it, id the ri^ht of extreme neceffi*
ty : by which is meant, a nght to ufe or deftroy
another's property, when it is ncceffary for our own
prefervation to do fo ; as a right to take without or
againft the owner's leave, the £rft food, clothes, or
flicltcr we meet with, when we are in danger of
periihing through want of them ; a right to throw

f;oods overboard, to fave the fliip ; or to pull down a
oufe, in order to ftop the progrefs of a fire ; and a
few other inftances of the fame kind. Of which
Hght the foundation ieems to be this, that, when
property was firft inftituted, the inftitution was not
intended to operate to the deftrudion of any : there-
fore when fuch confequences would f(^ow, all regard
to it isfuperfeded. Or rather, perhaps, thefe are the
few cafes, where the particular confequence exceeds
the ffcneral confequence ; where the remote mifchief
refuTting from the violation of the general rule, is
overbalanced by the immediate advantage.

Reftitution however is due, when in our power ;
becaufe the laws of property are to be adhered to, fo
far as confifts with fafety j and becaufe reftitution,
which is one of thofe laws, fuppofes the danger to be
t)ver. But what is to be reftored ? not the rail value
of property dcftroycd, but what it was worth at
the time of deftroyin^ it ; which, confidering the
danger it was in of periihing, might be very little.

BOOK III.

f^lail^» 2)iUU4.

PART L

OF RELATIVE DUTIES WHICH ARE DEi

TERMINATE.

OF PROPERTY.

Ii

.F you ihoiild fee a flock of pigeons in a field
of com ; and if (inftead of each picking where, and
what it liked, taking juft as much as it wanted and
no more) you ihould fee ninety-nine of them
gathering all they got into a heap ; referving noth*-
mg to themfelves, but the chaff and refiife ; keeping
this heap for one, and that the weakeft perhaps and
worft pigeon of the flock ; fitting round, and look*
ing on aU the winter, whilft this one was devouring,
throwing about and walling it ; and, if a pigeon
more hardy or hungry than the reft, touched a grain
of the hoard, all the others inftantly flying upon it|
and tearing it to pieces : if you fliould fee this, you
would fee nothing more, than what is every day
pradifed and efiabliflied among men. Among men
you fee the ninety and nine, toiling and icraping t<^
gether a heap of fuperfluities for one ; getting noth^
lag for themfelves all the while, but a little of the
coarfeft of the provifion, which their own labour
produces ; and this one too^ oftentimes the feeUefl;

M

W TheVjtofthe

^lA worft of the whole fet, a child, a woman, a mact-
ifftil or a fool ; looking quietly on, while they fee
the fruits of all their labour fpent or fpoiled ; and if
one of them take or touch a particle of it, the others
join againft him, and hang him for th£ theft.

CJdjiter II-

THE ITSE OF THE INSTITUTION OF PROPi
, ERTY,

i HERE muft be fome very important advan*
tages to accouM for an inftitutionp," which in one
view of it is fo paradoxical and unnatural.
The principal of thefe advantages are the follow^

ing:

I. It increafe? the produce of tte earth.

The earth, in climates like purs, product little
Wlthbu^t cultivation ; and none would be found
willing to cultivate the ground if others were to bd
admitted to anf equal mare of the produce. Th6
fame i^ true of the care of flocks and herds of tamd
animals.

' Crabs and acorns, red deer, rabi«, game, and fifli,
are all we fliould have to fubfift upon rn this country,
if we trufted to the fpontaneous prbduftions of the
foil : and it fares not much b'ettelr with other coun-^
tries. A nation of NoYth Aifterican favages, confift-
ing of two or three hundred, will take up, and be
half ftarved upon; a trafl of land, which in Europe,
and with European uKinagement, would be fUiSicient
for the maintenancerof as many thoufands;
^ In fome fertile fcnls, together with great abundance
of fifli upon their coafts, and in regions where
clothes are unneccffary, a confiderable degree of
population mfay fubfift v^ithout property in land ;
which is the cafe at Otaheite : but in kfs favoured
fituations^ a9 in thcc<mmry of New-Zesthnd, fhotiglk

In/iittaion df Property. 89

this fort of property obtain in a finall degree, the
inhabitants, for want of a more fecure and regular
efiabliihnient of it, are driven ofttimes by the
fcarcity of provifion to devour one another.

11. It preferves the produce of the earth to matu**.
rity.

We may j^dge what would be the effefts of a
community of right to the produAions of the earthj^
from the trifling fpecimens, which we fee of it jtt
prefent. A cherry-tree in a hedge-row, nuts in ^
V^ood, the grafs of an unftinted pafture, are feldom
qi much advantage to any bodiy, becaufe people dp
not wait for the proper feafon of reaping them.
Corij, if any were fqwn, would never ripen ; lambs
and calves would never grow up to iheep and cow^,
becaufe the firft perfon that met them would refled,
that he had better take them as they are, than leave
them for another,

\\\. It prevents contefl:s.

War and wafte, tumult and confufion, fnxjft b^
unavoidable and eternal, where there is pot enough
tor all, and yrhere there aye no rules to adjuft tne
ilivifiofi,

IV. It improves the conveniency of living.

This it does two ways. It enables mankind to
divide themfelves into diftincl profeflions ; which is
impoflible, unlefs a man can exchange the' produc-
tions of his own art for what he wants from others j
and exchange implies property. Much of the ad-
vantages of civilized over favage life depends upoii
this. When a man is from neceflity his own tailor,
tentmaker, carpenter, cook, huntfman, and fiflier-
xnan^ it is not probable that he will be expert at any
of his callings. Hence, the rude habitations, furni-
ture, clothing, and implements of favages ; and the
tedious length of time which all their operations
fequirc.

It likewife encourages thofe arts, by which the
accommodations of human life arc fuppued, by a]^

^ The Wftory rf Pnferty^

propriating to the artift the benefit of his liifcov^eriA
aad improvements ; without which appropriation^
ingenuity will never be exerted with etted.

Upon thefe feveral accounts we may venture^
with a few exceptions, to pronounce, that even the
pooreft and the worft provided, in countries where
property and the confequences of property prevail,
are in a better fituation, with refpedl to food, rai-
ttent, houfes, and what are called the neceilarie& of
life, than any are, in places where moft things re-
main in common.

The balance, therefore, upon the whole, muft
preponderate in £aivour of property with manifeft
and great excefs.

Inequality of property in the degree in which it cx-
ifts in moft countries in Europe, abftradtedly confider*
ed, is an evil : but it is an evil, which flows n:om thofe
rules concerning the acquifition and difpolal of prop-
erty, by which men are incited to induftry, and by
which the objed: of their induftry is rendered fecure
and valuable. If there be any great inequality un-
conneftcd with this origin, it ought to be corrcded.

Ciiaiim III.

THE HISTORY OF PROPERTY.

1 HE firft obie^ of p rc^>erty were the fruks
which a xmn gathered, aad the wild animals he
caught ; next to thefe, the tents or houfes which
he bulk, the tdbls he made ufe of to catch and {Mt^
pare his food ; and afterwards weapons of war an4
offence. Many of the favage tribes in North Amer-
ica have advanced no farther than this yet ;. for they
are faid to reap their harveft, and return the pro^
duce of their market with foreigners into the comr-
mon hoard or treafury of the tribe. Flocks and
herds of tame animals foon became property ; Abek

tke ftoomA from Adltm^ was a keeper of ftetp ; frcn
and oxen, camclB and zSks^ c<>mpo(ed the wealth
of the Jiwijk patriarchs, as they do ftiU of tkie mod-
ern Arabs. As the world was firft pcopkd in the
Eaft, where there ezifted a great fcardty of water,
wellt probably were next made property ; as we
learn, from the frequent and fenous mention of
them in the Old Teftament, the contentions and trea-
ties about them,*^ and from its being recorded,
among the moil memorable achievements of verj
eminent men, that they dug or diicovered a weu.
Land,^ which is now fo important a part of property,
which alone our laws catt real property, and regard
upon an occaiions with fuch peculiar attention, was
probaUy not made properly in any country, till
long after the inftitution or many other i|>ecies of
prc^rty, that is, tiU the country became populous,
and tiUage began to be thought of* The nrft parti-
tion of an eftate which we read of, was that whtck
took place between Ahram and Lot; and was one of
the limpleft imaginable : ^^ If thou wilt take the left
hand, dien I ^U go to the right ; or if thou depart
to the right hand, then I will go to the left." There
are no traces of property in land in Cafar*s account
of Britain ; little of it in the hiftory of the Jewijh
patriarchs ; none of it found amongft the nations c^
North America ; the Scythians are exprcfsly faid to
hare appropriated their cattle and houfes, but to
have left their land in common. Property in im-
moveables continued at firft no longer than the oc-
cupation \ that is, fo long as a man's femily contin-
ued in pofleffion of a cave, or his flocks dcpafturcd
upon a neighbouring hill, no one attempted, or
thought he had a right, to difturb or drive them
out : but when the man quitted his cave, or chang-
ed his pafture, the firft who found them unoccupied,
entered upon them, by the fame title as his predeceC
for's J and made way in his turn, for any one that

* Gen. zxi. 2j. zxvL x8«

liappcned tb fiicceed him; All more permanent
property in land, was probably pofterior to civfl
government and to laws ; and therefore fettled by
^efe, or according to the will of the reigning chier^

^ES*

Cfiapter iv-

IN WHAT THE RIGHT OF PROPERTY 13
FOUNDEEJ,

W E now fpeak of Property in Land : and there
is a difficulty in explaining the origin of this proper**
ty, confiftently with the law of nature ; for the land
was once no doubt common, and the queftion is,
how any particular part of it could juiUy be taken
out of the common, and fo appropriated to the &r£t
owner, as to give him ^ better right to it then
pther^ ; and what i$ nK>re, a right to exclude all
pthers from it.

Moralifts have give^i many different accounts of
this matter ; which diveriity alone perhaps is a proof
that nQne of theip areXatisfadory.

One tells us that mankind, when they fu£Fered a
particular perfon to occupy a piece of ground, by
tacit confent relinquiihed their right to it ; and as
^e piece of ground belonged to mankind coUeSive-
ly, and mankind thus gave up their right to the firft
peaceable occupier, it ^henceforward became his
property, and no pne afterwards had a light to mOm
left him ip it.

The objection to this account i^ that cpnfent cam
never be prefumed from filence, where the perfon
whofe cqnfeiiit is required knows nothing about the
matter; whicl^ mud have been the cafe vdth all
mankind, except the neighbourhood of the place
]Vyhere ^^he approjpriation was made. And tp fupppfe
that the piece of ground previoufly belonged to tho

Aetglbbolurhood, and that they had a juft powi^r of
conferring a right to it upon whom they pkafed, b
to fuppofe the queftion refolved, 2ind a partition
of land to have already taken place.

Another fays, that eadi man's Umbs and kboar
ate his Own exclufively ; thdt, by occupying a piece
of ground, a man infeparably mixes his labour with
it, by which means the piece of ground becomes
thenceforward his own, as you cannot take it from
him, ^without depriving him at the fame time of
fomething which is indifputably his.

This is Mr. Locke's folution ; and feems indeed
a fair reafon, where the value of the labour bears a
confiderable proportion .to the value of the thing ;
or where the thing derives its chief ufe and valuit
from the labour. Thus, game and fifli, though they
be common^ whilft kt large in the woods or water*
inHantly become the property of the perfon who
catches them ; becaufe an animal, when caught, is
Jmuch more valuable than when at liberty ; and this
increafe of value, which is infeparable from and
makes a great part of the whole value, is ftridiy
the property of the fowler, or fiiherman, being the
produce of his perfonal labour. For the fame rea^
fon, wood 01" iron, manufaAured into uteniils, be-
come the property of the manufadurer ; becaufe
the value of the workmanfhip far exceedis that of
the materials*. And upon a fimilar principle, a par>>
eel of unappropriated ground^ which a man fhould
pare, burn, plough, harrow, and fow, for the pro*^
duAion of corn,; would juftly enough be thereby
made his own. But this will hardly hold, in the
manner it has been applied, of taking ^ ceremonious
pofieffion of a trad of land, as navigators do of new
difcovered iflands, by ereding aftandard, engraving
-an infcription, or publiihing a proclamation to the
birds and beafis ; or of turning your cattle into a
piece of ground, fetting up a land mark, digging a
ditch, or planting a hedge ipund it# Nor wiU even

1^4 Ptvp^fty hi LmuL

the dewing, manuring, and ploughing df a l^wid^
^ve the fiirft occupier a right in perpetuity after this
cultivation and all the effie6bB of it are ceafed.

Another, and in my opinion, a better account of
the firil right of owner-ihip, is the following : that,
as God has provided thefe things for the ule of all,
he has of confequence g^ven each leave to take of
them what he wants ; by virtue therefore of this
leave, a man may appropriate what he fiands in need
of to hia own ufe, without aiking or watting for the
confent of others ; in like manner, as when an en-
tertainment is provided for the freeholders of a coun-
ty, each freeholder goes, and eats and drinks what he
Wants or choofes, without having or waiting for the
confent of the other fi;uefts.

But then, this realon juftifies property, as far as
Heceflaries alone, or, at the mofl, as fu: as a compe- .
tent provifion for our natural exigencies. For, in
the entertainment we fpeak of (allowing the com-
parifon to hold in all pomts) although every par-
ticular freeholder may fit down and eat till he be
fatisfied, Avithout any other leave than that of the
mailer of the feaft, or any other proof of that ]eave,
than the general invitation, or the manifef): defign
with which the entertainment is provided \ yet you
would hardly permit any one to fill his pockets, or his
Wallet, or to carry away with him a quantity of pro-
vifion to be hoarded up, or wafted, or given to his
dogs, or flewed down into fauces, or converted into
attKles of fuperfluous luxury ^ efpecially, if by fo
doing, he pinched the guefts at the lower end of the
table.

Thefe are the accounts that have been given of the
matter by the beft writers upon the fubjed ; but^
were thefe accounts perfedly unexceptionable, they
would none of them, I fear, avail us in vindicating
our prefent claims of property in land, unleft it were
more probable than it is, that our efbtes were aAu-
ally acquired at firft^ in £>me of the ways whidk j

Property in Land. 95

Aefe accounts fuppofe ; and that a regular regard
kad been paid to juftice in every fuccemve tranSnif*
fion of them fince : for if one link in the chain fail»
every title pofterior to it fadls to the ground.
The real foundation of our right is, thb i-aw of

THE LAND.

It is the intention bf God, that the produce of the
earth be applied to the ufe of man ; this intention
cannot be fulfilled without eftablifliing property ; it
is confiftent therefore with his will, that property
be eftablilhed. The land cannot be divided into
ieparate property, without leaving it to the law of
the country to regulate that divifion ; it is confiftent
therefore with the fame will, that the law (hould reg*
ulate the divifion ; and confequently, ** confiftent
with the wiU of Goci,'' or, "right," that I fliould
poflefs that fhare which thefe regulations aflign me.

By whatever circuitous train of reafoningyou at-
tempt to derive this right, it muft terminate at laft
in the will of God ; the ftraiteft, therefore, and
fliorteft way of arriving at this will, is the beft.
. ' Hence it appears, that my right to an eftate does
not at all depend upon the manner or juftice of th^
original acquifition j nor upon the juftice of each
fubfequent change of poffefiion. It is not, for in«
fiance, the lefs, nor ought it to be impeached, be«
caufe the eftate was taken pofleifion of at firft by a
family of aboriginal Britons, who happened to be
ftronger than their neighbours; nor becaufe the
Britim pofli^r was turned out by a Roman, or the
Roman by a Saxon invader ; nor becaufe itwasfeiz-^
ed, without colour of right or reafon, by a follower
of the Norman adventurer ; from whom, after ma-
ny interruptions of fraud and violence, it has at
length devolved to me.

Nor does the owner's right depend upon the ^jt-
fediencv of the law which gives it to him. On one
fide or a brook, an eftate defcends to the eldeft fon ;
on the other fide, to all the children alike. The

N

9€ fr&pitty in Luni.

right of the daimatits tinder both laws of infaeritaftet
is equal ; though the expediency of fuch oppo&tc
tules mud neceflkrily be difEerent.

The principles une have laid down upon this fub*

je6t ap{KirentIy tend to a ccmclufion of which a bad

Ufeis apt to be made. As the riffht of property de»

pends upon the law of the land, it feems to foUow,

that a man has a riffht to keep and take everything,

Whidi the law wm allow him to keep and take \

which in many cafes will authorise the moft flagi<>

tious chicanery. If a creditor upon a fimple Contract:

negleft to demand his debt for fix years, the debtor

may refufe to pay it : would it be right therefore to

do fo, where he is confcious of the juftice of the debt f

If a perfon, who is under twenty-one years of age,

contra^ a bargain (other than for neceflaries) he may

avoid it by pleading his minority : but would thil

be a fair plea, where the bargain was originally ju(t?

The difUnftion to be taken in fuch cafes is this f

With the law, we acknowledge, refides the difpofal

of property ; fo lone therefore as we keep within

the defign and intention of the law, that law will

juftify us, as well inforo cmfdMtia^ as infirm 6uman&f

whatever be the equity or expediency of the law it<»

lelf. But when we convert to one purpofe, a rule

or expreffion of law, which is intended for another

purpofe ; then, we plead in our jufiification, not the

intention of the law, but the words ; that is, we

plead a dead letter, which can fignify nothing ; for

words without meaning or* intention have no force or

d&ft in juftice, much lefs words taken contrary to the

meaning and intention of the fpeaker or writer. To

apply this diftindion to the examples juft now pro

pofcd : in order to prote^ men againft antiquated

demands, from which it is not probable they mould

have prcferved the evidence of their difcharge, the

law prefcribes a limited time to certain fpecies of pri*

vate fecurities, beyond which, it will not enforce

ihem, or lend its afiift^nce to the recovery of the

debt. If a man be ignorant, or dubious of the juf-

Jhrmi/ks. ff

t)ke of thf deman4 i^ioii bim, ht may confeitntioiifl
ly plead tbi9 limitation ; becaufb be ippiits the rule ef
law t» the purpofefor which it woi intended. But when
he*(efufes to pay a debt, of the reality of which ho
is Gonfcioua, ae cannot^ as before^ plead the intent
(ion of the fiatute, axid the fuprrane authority ^
law, unl^ he could ihew, that the law intended to in*
terpofe its fupreme authority, Co acquit OQen of debtSt
of tho espfteu^i^aiul juftice m which they were \3xtmm
^Ives ienfiblet Again, to pr^erve youth from tho
|Mra<5tices and impp^tions, to which tb^r inexperi^^
eace exppfes them, the law compeb the paymoit of
so debts incurred within a certain age, nor the per«
ibrmance of any engagements, except for fuch necdd
iiuries as are fuited to their condition and fortunee^
If a young perfon therefore perceive that he has been

Ga£tife<l or impoled upon^ he niay honefily aval)
mfelf of the privilege of his non-age to defeat tho
circumvention. But, if he Ihclter himielf under thii
privilege, to avoid a fair obligation, or an equitable
contract, he extends the privuege to a cafe, in which
ft is not allowed by intention of law, and in which
coo&quently it does not, in natural juiUce, eadfU

As property is the principal fut^ft of juftice, or
<^ of the determinate relative duties,'' we have put
down what we had to lay upon it in the firft {dacoi
wo now proceed to &^tc theie duties in the beft or*
der we cap*

Cfwpter V,

PROMISES^

I. From wb^ue the ebligatim te perform Frmijk

0rtfrm

II. h whatfenfe Promifes ar9 to be inferpretifd%
ni, h vfkat cafijs fromi/}:^ are net bindings

98 Ptomijk.

I. Fnni whenei the obligation to perform Promifes arifet.

They who argue from innate moral principles^
fuppofe a fenfc of the obligation of promifes to be
one of them ; but without afluming this, or any
thing elfe, without proof, the obligation to perform
promifes may be deduced from the necefiity of fuch
a condud, to the well-being, or the exiftence, indeed,
of human fociety.

• Men aft from expeftation ; expeftation is, in moft
cafes, determined by the aflurances and engagements
which we receive from others. If no dependence
could be placed upon thefe aflurances, it would be
iffipoflible to know what jlidgment to form of many
future events, or how to regulate-our conduct with
refpe£tto them. Confidence, therefore, in promifes^
is eflential to the intercourfe of iuman life ; becaufe,
* without it, the greateft part of our conduct would
proceed upon chance. But there could be no con«
fidence in promifes, if men were not obliged to per-
form them ; the obligation therefore tb perform
promifes is eflential, to the fame end, and in the
iame degree.

. Some may imagine, that, if this obligation were
fufpended, a general caution and mutual diftruft
would enfue, which might do as well ; but this is
imagined, without confidering, how every hour oF
our lives we truft to, and depend upon others ; and
how impoffible it is, to ftir a ftep, or, what is worfe,
to fit fl:ill a moment, without fuch truft and dcpctt-
dence. I am now writing at my eafe, not doubting;
(or rather never diftrufting, and therefore never
thinking about it) but that the butcher will fend in
the joint of meat, which I ordered ; that hb fervant
will bring it ; that my cook will d^efs it ; that my
footman will ferve it up ; and that I fhall find it up-
on the table at one o'clock. Yet have I nothing for
all this, but the promife of the butcher, and the n(%
plied. promife of his fervant and mine. And the
fame holds of the moft important, as well as the moft
familiar occurrences of focial life. In the one the

Trmijiu *99

fnttfireiitio& dFpromifes is formal, and !$ leea and
acknowledged ; our inilance, therefore, is intended
to ihow it in the other, where it is not fo diftinSl^
obferved.

n. In wbatfenfe Promifes are to be interpreted.
Where the terms of a promife admit of more feniei
than one, the promife is to be performed. ^^ in that
fenfe in which the prqmifer apprehended ^t the tim^
that the promifee received it/* '

It is not the fenfe in which the promifer a^ualljr
intended it, that always governs the interpretation
pf an equivocal promife ; bec^^ufc ^X that rate, yoi^
might excite expeftations which you never meant,
nor would be obliged, to fatisfy. Much leis is it the
fenfe, in which the promifee ^dually received the
promife ; for according to that ryle, yqu mi^ht be
drawn into engagements which you never defigned
to undertake. It mufl therefore be the fenfe (fpf
there is no other remaining) in which the promifef
believed that the promifee a9cepted his. promife.

This will not differ iFrpm the aftusj intention of
the promifer, where the promife is given v(dthout
collufion or referve j but we put the ryle in the above
form, to exclude evafion ip cafes ip wh^ch the popu^
lar meaning of a phrafe, apd the ilrid grammatic4
£gnification of the words differ, or, in general, wher*
ever the promifer attempts to make hisefcape through
fome ambiguity in the exp^eflion^ which he ufed.

Temures promifed the garrifon of Sebajii^fj that, if
they would furrender, no blood Jhould bejhed. The
garrifon furrer\dered ; and Temures buried them all
alive, tiowTemures fulfilled the promife in one fenfe,
and in the fenfe too. in which he intended it at the
time ; but not in the fenfe in which the garrifon of
Sebq/iia adually received it, nor in the fenle in which
Temures himfelf knew that the garrifon received it :
which lafl fenfe, according to our rule, was the fenfe
he was in confcience bound to have performed it in.
From the account we have given of the obligation
pf promifee, it is evident, that this obligation dt*

40909A

led ^mifru

f^dg upon tli« esfpi&ations wiiicb ll«iiBnmv40gly iii4

voluntarily excite. Confequantly, any adioa ot
conduft towards another, which we %rt fenfibk ex*
cites cxpeftations in that other, is as much a promife,
and creates as ftri<flan obligation, as the mou exprefs
a0urances. Taking, for inftance, a kinfman's child,
and educating him for a liberal profeffion, or in %
manner fuitable only for the heir of a large fortune^
as^ much obliges us to place him in that profeffion^
or to leave him fuch a fortune, as if we had given
him a promife to do fo under our hands and £eals«
In like manner, a great man, who encourages an in*
digent retainer ; or a minifter of ftate> who diftin*
guiflies and careffes at his levee, one who is in a fitu»
ation to be obliged by his patronage, engages by
fuch behaviour, to provide for him. This ia th«
foundation of tacit promijes.

You may either fimply declare your prefcnt inten*
tion, qr you may accompany your dedaratioa with
an engagement to abide by it, which conftitutes z
complete promife. In the firft cafe, the duty is fiit-
isfied, if you wtxtjincere^ that is, if you entertained
at the time the intention you expreflcd, however
foon or for whatever reafon, you afterwards changt
it. In the latter cafe, you have parted with the 1|^
erty of changing. All this is plain ; but it muft be
dbferved, that moft of thofc forms of fpeech, which
ftrictly taken, amount to no more than declarationg
of prefent intention, do yet, in the ufual way of un-
demanding them, excite the expeftation, and there-
fore carry with them the force of abfolute promifes*
Such as, " I intend you this place." " I deiign to
leave you this eftate.*' " I purpofe giving you my
vote.'* ** I mean to ferve you.** In which although
the "intention,** the " defi^n,** the « purpofc,*' the
"meaning,** be expreffed m words of the prefent
time, yet you cannot afterwards recede from them,
without a breach of good faith. If you choofe there*
fore to make known your prefent intention, and
yet to referve to yourfelf the liberty of changing it.

l^rtmifes^ tot

you Uttft gti^td your eitpteffions by an additional
daufe, ^S^y ** I intend at prefent — If I dmU uiter^'-^'^t
th« like \ and after all, as there can be no reafon for
communicating your intention, but to excite ibme de^
ffree of expedation or other, a wanton change of an
mteotion which is once difclofed, always diiappoints
tbmebody ( and is always, for that reafon, wrong.
There is, in fome men, an infirmity with regard
to promifes, which often betrays them into great
diftrefs. From the confiifion, or hefitation, or ob»
fcurity, with which they exprefs themfelves, efpec*
ially when overawed, or taken by furprife, they
fometimes encourage expedations, and bring upon
themfidves demands, which poffibiy they never
dreamed oi. This is a want, not fo much of integ-
rity as of prefence of mind.

ni. In ivbat cafes Promifes are not bindings

I. Promlfcff are not Unding, where the perform-
ance is impdjftble.

But obfefve, that thcpromifcr is guilty of a fraud,
if he ht privately aware of the impoflibility, at the
time of making the promife. For when any one
promifes a thing, he aUerts his belief, at leaft, of the
poifibility of performing it ; as no one can accept or
Underftand a promife under any other fuppofition.
Inftances of this fort are the following. The minit
ter promifes a phce, which he knows to be engaged
or not at his difpofal— A father, in fettling mar-
riage articles, promifes to leave his daughter an ef-
tate, which he knows to be entailed upon the heir
male of his family — A merchant promifes a ftiip, or
Ihare of a fiiip, which he is fecretly advifed is loft at
fea— An incumbent promifes to refign a living, be-
Ing previoufly affured that his refignation will not
be accepted by the bifliop. The promifer, as in thefc
cafes, with knowledge of the impoflibility, is juftly
anfwerable in an equivalent ; but otherwife not.

When the promifer himfelf occafions the impofli-
bility, it is neither mote nor left than a dire^ft breach

tot Ptomi/eh

i>E the promife ; as \rfaen a foldicr tnaims, or a &nr
vant dUables. himfelf to get rid of his engagements*.

2. Ptomifes are not binding, iitrhere the perforin-^
ance is unlawful.

There are two cafes of this } one, where the un-
lawfulnefs is known to the parties, at the time of
making the promife ; as where an aflaflin promifes
his employer to difpatch his rival or enemy ; a fer-
vant to betray his mailer ; a pimp to procure a mif-
trefs ; or a friend to give his affiftance in a fcheme
bf feduftion. The parties in thefe cafes are not
obliged to perform whalt the promife requires, l^e^
caufe they were under a prior obligation to the contrary.

From which prior Obligation, what is there to
difcharge them ? Their promife — ^their own aft and
deed : but an obligation, from which a man can dif^
charge himfelf, by his own aft, is no obligation at alU
The guilt therefore of fuch promifes lies in the mak-
ing, not in the breaking them ; and if^ in the interval
betwixt the promife and the performance, a man fo
far recover his refleftion, as to repent of his engage*
ments, he ought certainly to break through them.

The ot^er cafe is, where the unlawfulnels did not
cxift, of was not known, at the time of making the
promife ; as where a merchant promifes his corref-
pondent abroad, to fend him a fhip-load of corn at
a time appointed, and before the time arrives, an
embargo is laid upon the exportation of corn—A
woman gives a promife of marriage ; before the
marriage, flie difcovers that her intended huiband is
too nearly related to her, or that he has a wife yet
Kving. In all fuch cafes, where the contrary does
not appear, it muft be prefumed, that the parties
fuppofed what they promifed to be lawful, and that
the promife proceeded entirely upon this fuppofition.
The lawfulnefs therefore becomes a condition of the
promife : and where the condition fails, the obliga-
tion ceafes. Of the fame nature was Herod's prom-
ife to his daughter-in-law, " that he would give her

Promsfis. 103

whatctrcr fkt alked, even to the half erf his kingdom/*
The ptomife was not unlawful, in the terms in which
Herod delivered it ; and when it became fo by the
daughter's choice, by her demanding "John the
Baptift's head/' Herod was difcharged from the ob-
ligation of it, for the reafon now laid down, as well
as for that given in the laft paragraph.

This rule, " that promifes are void, where the per-
formance is unlawful," extends alfo to imperfect ob-
ligations : for the reafon of the rule holds of all ob-
ligations. Thus, if you promife a man a place, or
your vote, and he afterwards render himfelf unfit to
receive either, you are abfolved from the obligation
of your promife ; or, if a better candidate appear,
and it be a cafe in which you are bound by oath, or
otherwife, to govern yourfelf by the qualification,
the promife muft be broken through. •

And here I would recommend, to young perfona
efpecially, a caution, from the ncjgled of which, ma-
nyinvolve themfelves in embarramnent and difgrace;
and that is, " never to give a promife which may in-
terfere in the .eveht with their duty ;*' for if it do
fo interfere, their duty muft be difcharged, though at
the expenfe of their promife, and not unufually of
their good name.

The fpecific performance of promifes is reckoned
a perfed obligation. And many cafuifls have laid
down, in oppofition to what has been here afiferted,
that, where a perfeft and an imperfeft obligation
daih, the perfeft obligation is to ht preferred. For
which opinion, however, there feems to be no reafon,
but what arifes from the terms " perifeft" and " im-
pcrfed:," the impropriety of which has been remark-
ed above. The truth is, of two contradictory obli-
gations, that ought to prevail which is prior in point
of time.

It is the performance being unlawful, and not any
unlawfulneis in the fubjeft or motive of the promife,
which deilroys its validity ; therefore a bribe, after

O

io4 From^.

th^vot^ is given; tJbeinsQsolproftUutioB; tb»fo^
ward of a^^y <;rin]^, softer the. Qii«\e 19 coaunit|<$d^
9^gKt^ i^ piromiied, to b^ paid. Fqr tlM^ fin ajid mi£>
(bief, by this iupp^tiQii, are over, aad wiU be wsh^
ther mo^e nor U& fpr th^ petformaAce pf (b^ promife^

|» ly&e intaiu^r, a p<:^mfe doiis not Icrfe ite obUgft«
tion, merely becaufis it piroc^eded fro«i aa unln/sf^uL
motive^ A certain perform, iipi the liifetune of hi^ wife,
who wa» thea i^k, had p^id his s|dd.r€i£^> aisid prom-
ijg^d mftvri^ge to another woiQs^a y th^Q wUk dkd, ami
^ woms^ de«i2MK(3 p€r^i;fD.anQc of (he prpngofe^
Tfhe i?a*B, whx^ it fe^fn^, had changed Ws. mincCei*
^er. feh or pretewjisd doubts cQ^Qes^iog th^ (ibli«a««
tipn of fuch a.promife,.a^d refe'r;¥ed hia cafe to BiUki
Qp Sand^r^ok, the moii eaiineixt in. thi^ kind o£
i^>Kl^4gQ9L q£. )4» time, Si&ftp $AKQ^Ra!QH» a£isee
writinc; a diflert^tipa up<^ tl»f!rqi^«)&»a(j^ibdlgQd (faft
fFQftiite to^ be- vqid. I^ which,, hpwever, upoii our
pripciplj^sj, hfi va3 ^WTQugj. for* however criiftittal
1^ ajfe^pH nwght.b^i. yfl^b iflduoed tba pEQwjfc*
tb« performance) when^ i(. wa& dem^ckl^ wafi l^w*
i^i ;, which, is the Qojy l^wfjilnrtfr f^qiiiised*

A piroqiiie oiapot be dj^^oted, udUw£l4 whcra lit
frpduj:.esj. wI^n.pei:for.gledxno ^flfeft,. b^oad whair
would have taken place, had the proioj^Bi itftxey bma
9iad$. A^d. this is.tji§ fig^ cs^, in. whijdii thfl ob-
Sgaition.of a proipife will! niftify a condud,, ifrJlkfe^
\jj^Q& If had beQfl.pro«iMd>><QuJdte?uii|uilfc A
jjapt^ye ipiiy Uwfolly r^ccpr^ hi^ Uberty^by. a^pwm-^
i^ of ncMtralif;y ;. fjp^ hi9,Qo;iqii^of takes nptkin^
by the prQHiifii, whi<:b he^ipiglxt.Qot.havefecucedbi^
h^sd€^th.orcQn%oHwat;: s^d «euti»Utyi wsQuUibo
innocent in him» althougj^ Qrilpin^l in anpth/sc* Itr
is mytnifeft, hpwever^ that prp.iw/i^ which CQpn^ inti^
%he pl^poof QQgr(Qio»,.Q^».Q»te»d:no fi|i!rf^ tW.t<»
paffive compliances ; for coercion itfelf ceuldiccnapd
i^q more. Upon the fame principle^ promifo^ olfeo^e-
cy oug^t not to be, viplaf pd, ^though thte. piihKc
would dSerive s^d vantage fr^oa* the dif^oveiy... Sttclt
ipromiies contain no uiuawfulQiefs in them, to deflroy

their tAJigation ; ftlr^ as infbrmatibii wbuld not havt
been imparted upon any other condition, the public
lofe nothing by the promife, which they wouM havk
gaine4 without it.

3. Promifes arc not binding, where they cx^tra^
dS& a former pron^ife,

Becaufe the performance is then unlawful, whicll
tefofvts this tafe into the laft.

4. Promifes are not binding before acceptance %
that ii, before notice given to the promifee j fdr^
where thepromife is beneficial, if notict be givtft, ac«-
ceptince may be prefumed. Until the promife bt
communicated to the promifee, it is the fame only
9K8 a refolution in the mind of the promifer, which
may be altered at pleafure. For no expectation ha&
been exdted, therefore none can be diuppointed.

But fuppofe I declare my intention to a third perw
fon, Virhoj without any authority from m^, conveys
my declaration to the promifee ; Is that fueh a tidtice
as will be binding upon me ? It jcertalnly is not : for
I have not done that which conftitutes the edfence of
% promlfe-^I have not v^tmmrity excited expeftation.

5. Ptomife6 a^e not bidding which artf releafed by
thepromifee.

This it etidet^t \ but it may be ibmetimes doubt-
ed who is the pro^lifce. If I give a promife fd A, of
% place or vote for % \ as. to a father for his fon ) ta
an uncle for his nephew ; to a friend of mine, for a
relation or friend of his ; then A is the promifee^i
whofe cdnien( I mull obtaiq, ^o,be rele^ed from th^
engagement.

If I promife a place or vote to B by A, thkt is, ^
A be ?i meflenger to convey the promife, as if I ihould
0iy, " yOtt may tell B, that he fltiall have this place,
pt may depend upon my vote j*' or it A be employ-
td to introduce B's requeft, and I aflfWer in any
terms which amount to a compliance with \\y
then B a the promisee.

Promifes to one perfon, for the benefit of anothw^
31*4 not f ekafed by the death oC the promii«e. tw

jo6 Promjeh

his death neltl^r makes the performance impradica«
ble, nor implies any confent to releafe the promifer
from it*

6. Erroneous promifes are not binding in certsd^
cafes ; as,

Firft, Where the error proceeds from the miilake
or mifreprefentation of the promifec.

Becaufe, a promifer evidently fuppofes the truth
of the account which the promifee relates in order
to obtain it. A beggar folicits your charity by a
ftory of the moft pitiable diftrefe — ^you promife to
relieve him, if he will call again ; in the interval you
difcover his ftory to be made up of lies ; this difcov-
ery, no doubt, releafes you fr6m your promife. One
who wants your fervice, defcribes the bufinefs or of-
fice for which he would engage you ; you promife
to undertake' it ; when you come to enter upon it,
you find the profits lefs, the labour more, or fomc
material circumftance diflFerent from the account he
gave you — ^In fuch cafe you are not bound by your
promife.

Second, When the promife is underftood by the
promifee to proceed upon a certain fuppofition, or
when the promifer apprehended he fo underftood
it, and that fuppofition turnji out to be falfe ; then
the promife is not binding.

This intricate rule will be beft explained by an ex-
ample. A father receives an account from abroad
of the death of his only fon-— foon after which he
promifes his fortune to his nephew : The account
turns out to be falfe — the father, we fay, is releafed
from his promife > not merely becaufe he never
would have made it, had he known the truth of th^
cafe — ^for that alone will not do — ^but becaufe the
nephew alfo himfelf underftood the promife to pro-
ceed upon the fuppofition of his coufin's death, or at
leaft his uncle thought he fo underftood it j and
could not think otherwife. The promife proceeded
upon this fuppofition in the promifer's own appre-
hcnfion, and as he believed, in the apprehenfion ^

Ibotli parties ; and this belief of his is the prectie cir.
cumfbuice which fets him free. The foundation of
the rule is plainly this ; a man is bound only to fatis#
fy the expectation which he intended to exdte ;
whatever condition, therefore, he intended to ^ub«
jed that expedation to, becopies an effential condi«
tion of the promife. ,

Errors, which come not within this defcriptlon,
do not annul the obligation of a promife. I promife
a candidate my vote ; prefently another candidate
appears, for whom I certainly would have referved
it, had I been acquainted with his defign. Here^
therefore, as before, my promife proceeded from am
error ; and I never ihould have given fuch a prom*
lie, had I been aware of the truth of the cafe, as it
has turned out ; but xhtpromifee did not know this-—
be did not receive the promife fubjeft to any fuch
condition, or as proceeding from any fuch fuppofi-
tion y nor did I at the time imagine he fo received
it. This error, therefore, of mine, inuft fall upon
my own head, and the promife be dbferved notwith^
{binding. A father promifes a certain fortune witk
his daughter, fuppofing himfelf to be worth fo much;
his circumfiances turn out, upon examination,
worfe than he was aware of. Here again the prom*
ife was erroneous, but, for the reafon ai&gnedin thd
Jaft cafe, will neverthelefs be obligatory.

The cafe of erroneous promifes »is attended with
fome difficulty; for to allow every mifiake, or
change of circumftances to diflblve the obligation of
a promife, would be to allow a latitude, which might
evacuate the force of almoft all promifes ; and, op
the other hand, to gird the obligation fo tight, as to
make no allowances for manifeft and fundamental
errors, would, in marry inftances, be productive of
great hardihip and abfurdity.

It has long been controverted amongft mbralift^,
whether promifes be binding, which are extorted by
violence or fear* The obligation of all promifes re«

fiiitSy we hzim fted, from the neceflhy or tlie tiib cf
that confidence which mankind repofe in them, Tbt
aoeftioii» therefore^ whether thefe promifes are bind*
lugy will depend upon this, whether mankmd, xi|>oti
she whole, ure benefited by the confidence ph»cied in
inch prona^fes ? A highwayman i^ttacks you^^and,
being difappointed of his booty, threat^ts or preparer,
to murder you ; you promtfe^ with many folemn af-
leveratioDS, that, if he will fyut^ your life, he (halt
find a purfe of money left for him at a place appoint**
ed. Upon the faith of this promife he forbears from
farther violence* Now, your life was^ fayed by the
confidence repofed in a promife extorted by fear v
gnd the lives of many others may be fayed by the
i^me. This is a good confequence. On the other
hand, confidence m promifes like thefe, greatly fa«
dlitates. ^he perpetration of robberies. They may bo
made the inftruments of almofi: unlimited extortion.
This is a bad confec[uence ; and in the queftion be«
tweenthe importance of thefe oppofite confequencea
refides the doubt concerning the obligation of fuch
promifes.

There are other cafes which are plainer ; as where
a ma^iftrate confines a difturber of the public peace
in jau, till he promife to behave better ; oip a^ prifon^
er of war promifes, if fet at liberty, to return within
a certain time. Thefe promifes, fay moralifis, are
binding, becaufe the violence or durefs is Juft ; but,
the truth is, becaufe there is the fame uie of confi-
dence in thefe promifes, as* of confidence in the prom^
ifes of a perfon at perfeft liberty. ^

Vows are promifes to God. The obligation cannot
be made out upon the fame principle as that of oth-
er promifes. The violation of them, neverthelefi^
implies a want of reverence to the Supreme Being ;
which is enough to make it finful.

There appears no command or encouragement in
the Chriftian fcriptures to make vows ; much lefs any
authority to break through them,, when they are

tna<)e. Tlic few inftances* of vows wliich we read
of in the New Tcftaspent, were rcfigioufly obfervcd.
The rules we have laid down concerning promifes
are applicable tOTOWS; Thus Jeplkthah^s vow, taken
in the fenfe in which that tranfadibn is covmionly
ttfidlBrftood, was net bindthg ; becaufe the perform^
■ace, m that eonfingeftey , became unlawfuL

COHTRAiCra.

A CONTRACT ka mutual promlfc. Th«
oUigplilQiD, therefor e, of cootra(£b ; the fenfein whidi
they arei to be interpreted ; andthe cafea where the|f
we not bindings wuibethfi fame as of promiies*

Frqnx the principle efiablilhed. in the lait Chapter^
^^ thaJt the obli^^on of promifes is to, be meaiuced
h% tbe espedation^ whkk the. pcomiiec any ho;«tf
voluntarily and, knowingly ezdtes/' refulta a rule^
wHck TOveros, the conibrudion of all contrails^ a&d
15 capable, frons^ its finipUcity, of being applied with
f^vl ea& aodcertainty, viz. That^

Whatever is expsded by onejidey and krmjon to bifo ex^
^e£iedi by the ether ^ U to. be deemed.a\part'9r amdkum. o£
the contrails

The feveral kinds of contrads, and the order ia
iRrhidi we propo£e taconilder them,.may be exhibited
at. one view; thus,

Sale.
Ha&andl

Lending of |^^^Weproptrtr.

^Servicci
CoiBBttiieiis;.

Contrads of

Labour. <

Partnerihip.
^ QuKes*.

* AA xviii. iS. tkL' sj.

C|)a|itet viL

CONTRACTS OF SALE*

1 HE rule of juftice, which wants moil to be
inculcated in the niakingof bargains, is, that the fel#
ler is bound in confcience to difclofe the faults of
what he offers ?for £de. Amongft other methods of
proving this, one may be the following :

I fuppofe it wilLbe allowed, that to advance a direft
falfehood in recommendation of our wares, by afcrib«
ing to them fome quality which We know that they
have not, is diflioneft. Now compare with this the
deigned concealment of fome fault, whidh we kSoow
that they have. The motives and the effefts o£ ac-
tions are the only points of comparifon, in which
their moral quality can differ ; but the motives, in
thefe two cafes are the fame, viz. to procure a higher
price than we expeft otherwife to obtain ; the eSedl,
that is, the prejudice to the buyer, is alfo the ikme ;
for he finds himfelf equally out of pocket by hts bar-
gain, whether the commodity, when he gets home
with it, turn out worfe than he bad fiippofed, by the
want of fome quality which he expcfted, or the difc
covery of fome fault which he did not expeft. If
therefore actions be the fame, as to all moral pur-
pofes, which proceed from the fame motives, and pro-
duce the fame effeds ; it is making a diftinftion
without a difference, to efteem it a cheat to magnify
beyond the truth the virtues of what we fell, but
none to conceal its faults.

It adds to the value of this kind of honefty, that
the faults of maDty things are of a nature not to be
known by any, .but by the pcrfons who have ufedi
them : fo that the buyer has no fecurity from im-
pofition, but in the ingenuoufhefs and integrity of
the feller.

There is one exception, however, to this rule,
namely, where the filence of the feller implies fome

Conines ^ Sale. ill

fault in the thing to be fold, and where the buyer
has a compenfation in the price for the rifk which he
runs : as where a horfe, in a London repofitory, is
fold by public auction, without warranty ; the want
of warranty is notice of fome unfoundne&, and pro*
duces a proportionable abatement in the price.

To this of concealing the faults of what we want
to put off, may be referred the pradice of paffing bad
money. This pradice we fometimes hear defended
by a vulgar excufe, that we have taken the money
for good, and muft therefore get rid of it. Which
excufe is much the fame, as if one, who had been
robbed upon the highway, fhould allege he had a
right to reimburfe himfelf out of the pocket of the
firft traveller he met ; the jtlfiice of which realbning
the traveller poffibly may not comprehend.

Where there exifts no monopoly or combination,
the market price is always a fair price ; becaufe it
will always be proportionable to the ufe and fcarcity
of the article. Hence, there need be qo fcruplie
about demanding or taking the market price ; and
all thofe expreiEons, " provifions are extravagantly
dear,'' *' corn bears an unreafonable price," and the
like, import no unfairnels or unreafonableneis in the
fcUer.

If your tailor or your draper charge, or even aik
of you more for a fuit of clothes, than the market
price, you complain that you are impofed upon ;
you pronounce the tradefman who makes fuch a
charge difhoneft : although, as the man's goods
were his own, and he had a right to prefcribe the
terms, upon which he would confent to part with
them, it may be queilioned what diihonefiy there
can be in the cafe, or wherein the impoiition con*
iifts. Whoever opens a £hop, or in any manner ex^
pofes goods to public fale, virtually engages to deal
with his cuftomers at a market price ; becaiife it is
upon the faith and opinion of fuch an engagement^
P

tt« CimtthSis of So/a

tbat any one com^s within his (hop doorg, or <)ffers
to treat with him. This is expeded by the buyer ;
is known to be fo expe&ed by the feller ; which is
enough, according to the ride delivered above, to
make it a part of the contrad: between them, though
not a fyUable be faid about it. The breach of this
impKed contraA conftitutes the fraud inquired after.

Hence, if you difclaim any fiich engagement, yoil
toay fet what value you pl^e upon your property,
if, upon being a&ed to fell a houfe, you anfwer that
the houfe fiiits your ^cy or convenience, and that
you will not turn yourfelf out of. it under fuch a
4>rice \ tlie price fixed may be double of what the
libufe ccrfl, or would fetch at public fale, without
*any imputation of injuftice or extortion upon you.

If the thing fold be damaged, or periih, between
the fiile and the delivery, ought the buyer to bear
the lois, or the feller ? This will depend upon the
^r ticular conftrudion of the contraft. If the feller,
either ei^prefsly, or by implication, or by cuftom,
tengage to deliwr the eoods ; as if I buy a fet of china,
and tne china-man aft: me whether he ihall bring or
iend them to me, and they be broken in the convey-
ance ; the feller muft abide by the lofs. If the thing
fold remain with the feller, at the inftance, or for the
conveniency of the buyer, then the buyer luidertakes
the rift:; as if I buy a horfe, and mention, that^
will fend for it on fuch u day, which is in effed de-
firing that it may continue with the feller till I d^
fend for it ; then whatever misfortune befals the
iiorfe in the mean time, muft be at my coft.

And here, once for afl, I would obfcrve, that innu-
merable queftions of this fort are determined folely
by cujiom ; not that cuftom pofTefles any proper au-
thority to alter or afcertain the nature of right and
wrong ; but becaufe the contrafting parries are pre-
. fumed to include in their ftipulation, all the condi-
tions which cuftom has annexed to contrads Of the
fame fort ; and when the uiage is notorious, and no

exception mtck to 4t, thb prefumptlon is generally
agreeable to the ftft-*

If I order a j^pe of port from a wine merchant
al>road ; at what period the property paiSbs from the
merchant to me ; whether upon the delivery of the
wine at the merchant's warehouie ; upon its being
put on ihipboardaM: Oporto : upon the arrival of the
ftip in £ngland ; at its deftined port ; or not till
the wine be committed to my feryants, or depofited
in my cellar, are all queftions, which ad^nit of no ddf
d&ouj, but what cuftom points out. Whence, in
jfuftice, as well as law, what is caUed the ctifiom of
merchants y regulates the conftru&ion of mercantile
concerns.

Chapter viii.

CONTRACTS OF HAZARD.

Sy CoAtra&s of Hazard, I mean gaming an4
infurance.

What fome fay of tlus kind of contrads, that " one
£de ought not to have any advantage over the oth«
er,'' is neither praAicable nor true. It is not pra6d*
cable ; for that perfefl equality of fkill and judgment,
which this rule requires, is feldom to be met with. I
jQoight not have \% in my power to play with fadrnefk
^ game at cards, billiards, or tennis ; lay a wager at
a horfe race ; or underwrite a policy of infurance^
once in a twelvemonth, if I muft wait till I meet with
a perfoQ, who^e art, ikiU, and judgment in thefe
matters, is neither greater nor lefs th:|n my own.
Nor is this equality requifite to the juftice of th^
contrail. One party may give ^o ^he other the whole

* It happens here, as in many cafes, that whajL the parties ought to do, and
what a judge or arbitrator would award to he done, may be very difTcre nt.
What the parties ought to do, br virtue of their contract, depends upKin their
confcioufncls at the tune of making it ; whereas a third perfon finds it necef-
£ary to found his judgment upon prefumptions, which prefumptioos may be
imuc, although the moft probable tha^t hie could proceed by.

If 4 Gonfratls tf Batard^

cf the ftake, if he pleafe^ and the dthef party maL^r
juftly accept it if it be given him ; much more there-
fore may ohe gix^e to the other a part of the ftake ;
or, what is exadly the fame thing, an advantage in
•the chance of winning the whole.

The proper reftriftion is, that neither fide have an
advantage, by means of which the other is not aware :
for this IS an advantage taken, without being given.
Although the event be ftill an uncertainty, your ad-
vantage in the chance has a certain value ; and fo
much of the ftake, as that value amounts to, is taken
from your adverfary without his knowledge, and
therefore without his confent. If I fit down to a.
game at whift, and have an advantage over the ad-
verfary, by means of a better memory, clofer atten-,
tion, or fuperior knowledge of the rules and chances
of the game, the advantage is fair ; becaufe it is ob-
tained by means of which the adverfary is aware ;
for he is aware, when he fits down with me, that I
fliall exert the (kill that I poffefs, to the utmoft. But
if I gain an advantage by packing the cards, glancing
my eye into the adverfary's hands, or by concerted
fignals with my partner, it is a difhoneft advantage ;
becaufe it depends upon means, which the adveriary
never fufpeds that I makeufe of.

The fame diftinftion holds of all contraAs, into
which chance enters. If I lay a wager at a horfe
tace, founded upon the conjeaure I form from the
appearance, and character, and breed of the horfe, I
am juftly entitled to any advantage which my judg-
ment gives me ; but, if I carry on a clandeftine corret
pondence with the jockies, and find out from them,
that a trial has been a^ually made, or that it is fet-
tled beforehand which horfe (hall win the race ; all
fuch information is fo much fraud, becaufe derived
from fources, which the other did not fufped, when
lie propofed or accepted the wager.

In fpeculations in trade, or in the ftocks, if I exercife
my judgment upon the general afped and pofture of
pubUc wairs^ and deal with a perfon who conduds

himfelf by the fame fort of judgment ; the contraA
has all the equality in it which is necellary ; but if I
have accefs to fecrets of flate at home, or private ad-
vice of fome dedfive meafure or event abroad, I can^
not avail myfelf of thefe advantages with juftice^ be-
caufe they are excluded by the coiitrad, which pro-
ceeded upon the fuppofition, that I had no fuch ad-
vantage.

In infurances, in which the underwriter computes
his rilk entirely from the account given by the per-
fon infured, it is abfolutely necemry to the jufiice
and validity of the contrad, that this account be ex^
ad and complete.

Chapter ix

CONTRACTS OF LENDING OF INCONSUM-
ABLE PROPERTY.

W HEN the identical loan is to be returned,

as a bodk, a horfe, a harpfichord, it is called incon*

fumable^ in oppofition to corn, wine, money, and

thofe things which periih, or are parted with in the

ufe, andean therefore only be reftored in kind.

The queftions under this head are few and iimple.
The firft is, if the thing lent be loft or damaged,
who ought to bear the lofs or damage ? If it be dam-
aged by the ufe, or by accident, in the ufe for which
it was lent, the lender ought to bear it ; as if I hire
a job coach, the wear, tear, and foiling of the coach,
muft belong to the lender ; or a horfe to go a par-
ticular journey, and in going the propofed journey,
the horfe die, or be lamed, the lois muft be the lend-
er's : on the contrary, if the damage be occaiioned
by the fault of the borrower, or by accident in fome
ufe for which it was not lent, then the borrower muft
make it good ; as if the coach be overturned or
broken to pieces by the careleffnefs of your coach-
man^ or the horfe be hired to take a morning's

11^ CtmtraSf rf Cendif^ ^ &V.

ride iqpNon, and you ff> a kunting with luxn, or leap
him ovcF hedgee, c»r put bmcuxyour cart, or cax^
riage, and he be ftrained, oc fiaked, or gall^, or ac-
cidentally liuxt> or drop down dead, whiUl you are
thus uiing him ; yoii muft make iatis£idion to tho
owner.

The two cafes are diftiaguifbed by thb circasi-i
fiance, that in one cafe, the owner forefees the dam<*
age or ri&, and therefore confents to undertake it ;
in the other cafe he does not.

It 19 pofiihle that an eftate or a houfe, may, during
the term of a leaie, be fo increa£ed or dimiaiihcd \xk
its value, as to become worth much more^ or much
Ids, than the rent agreed to be paid for it. In fomc
of which cafes, it may be doubted, to whom, of nat-
ural right, the advantage or difadvantage belongs.
The rule of juftice feems to be this : if the altera-
tion might be expe£led by the parties, the hirer muft
take the confequence ; if it could not, the owner.
An orchard, or a vineyard, or a mine, or a fifliery,
w a decoy, may this year yield nothing, or next to
nothing, yet the tenant ihall pay his rent ; and if the
next year produce tenfold the ufual profit, no more
ihall be demanded ; becaufe the produce is in its na«
ture precarious, and this variation might be expe6l«-
ed. If an eftate in the fens of Lincolnihire, or the
ifle of Ely, be overflowed with water, fo as to be in-
capable of occupation, the tenant, notwithfianding,
is bound by his leafe ; becauie he entered into it with
a knowledge and forefight of this danger. On the
other hand, if by the irruption of the fea into a coun^p
try where it was never known to have come before,
by the change of the courfe of a river, the fall of a
rock, the breaking out of a volcano, the burfting of
a mois, the incurfions of an enemy, or by a mortal
contagion amongft the cattle ; if by means like thefe,
an eflate change, or lofe its value, the lofs ihall fall
upon the owner ; that is, the tenant fkall either be
difcharged from his agreement, or be entitled to an
abatement of rent. A houfe in L^ndon^ by the build*

ContraSfs t&Hterning Afe Lending tf Money, z 17

Ing of a^idge, the c^ntag of a new road or ftreet,
«»ay become of ten times its former value ; and, by
contrary canfes, may be as much reduced in value :
4&ere alfo, as before, the owner, not tlie hirer, (hall be
affisded by the alteration. The reaibn upon wiAch
<mr detormination proceeds, is this ; that changes
fuch as tbefe being neither fbrefeen nor provided for,
by the oontrading parties, form no part or condition
of the contraA ; and therefore ou^ht to have the
iame effed as if no contrad: at all had been made
:(for none was made with re^ed to rAem) that is,
riiught to fall upon the owner.

Chapter x.

CONTRACTS CONCERNING THE LENDING
OF MONEY.

1 HERE cxifts no reafon in the law of nature,
^hyaman Ihould not be paid for the lending of
his money, as well as of any other property into
whidb the money might be converted.

The fcruples that have been entertained upon this
hc^d, and upon the foundation of which, the receiv-
ing of intereft or ufury (for they formerly meant
the fame thing) was once prohibited in almoft all
Chriftian countries,* arofe from a paflage in the law
of Moses, Deuteronomy^ xxiii. 19, 20. ** Thou flialt
not lend upon ufury to thy brother ; ufury of mon-
ey, ufury of viftuals, ufury of any thing that is lent
upon ufury : unto a ftranger thou mayeft lend upon
ufury, but unto thy brother thou Ihalt not lend upon
ufury."

This prohibition is now generally underftood to
have been intended for the Jews alone, as part of

* By a ftatvte of Jaicks the Fitft, intereft above eight poiuids per vest.
was prohibited (and confeqiscntly uader that rate aUowtd) with this £a^c
provifion : Thai thisjlaiutejkall net he cenflnud 9r tte^nded^ uUonit the praSkt
•f mfttry in ^9mt 9/ rtUghn mr €mffUnee.

lit Controls concerning tie

the civil or political law of that nation, and calcu-
lated to preferve amongft themfdves that diftribu-
tion of property, to which many of their inftitu-
tions were fubfervient ^ as the marriage of an heir«
€& with her own tribe ; of a widow, who was left
childleis, to her huiband's brother ; the year of ju-
bilee, when alienated eftates reverted to the family
of the original proprietor — regulations, which were
never thought to be binding upon any but the com-
monwealth of Ifrael.

This interpretation is confirmed, I think, beyond
all controverfy, by the diftindion made in the law,
between a Jew and a foreigner, " unto a ftranger
thou mayeft lend upon ufury, but unto thy brother
thou mayeft not lend upon ufury ;*' a diftinction
which could hardly have been admitted into a law
which the divine Author intended to be of moral and
of univerfal obligation.

The rate of intereft has in moft countries been reg-
ulated by law. The Roman law allowed of twelve
pounds per cent, which yujiinian reduced at one
ftroke to four pounds. A fiiatute of the thirteenth
year of Queen Elizabeth^ which was the firft that
tolerated the receiving of intereft in England at all,
reftrained it to ten pounds per cent. ; a ftatute of
yames the Firft, to eight pounds ; of Charles the Sec-
ond, to fix pounds J of Queen Anne^ to five pounds,
on pain of forfeiture of treble the value of the mon-
ey lent J at which rate and penalty the matter now
ftands. The policy of thefe regulations is, to check
the power of accumulating wealth without induftry ;
to give encouragement to trade, by enabling adven-
turers in it to borrow money at a moderate price ;
and, of late years, to enable the ftate to borrow the
fubjeds' money itfelf.

Compound intereft, though forbidden by the law
of England, is agreeable enough to natural equity ;
for intereft detained after it is due, becomes, to all
intents and purpofes, part gf the fum lent*

LtTtding of Money. ii^

It is a queftion which fometimes occurs, how
money borrowed in one country ought to be paid
in another, where the relative value of the precious
metals is not the fame. For example, fuppofe J bor-
row a hundred guineas in London, where each guin«
ea is worth one and twenty {hillings, and meet my
creditor in the Eaft Indies, where a guinea is worth
no more perhaps than nineteen, is it a iatisfadion
of the debt to return a hundred guineas ; or muft I
make up fo many times one and twenty ihillings ? I
ihould think the latter : for it muft be prefumed,
that my creditor, had he not lent me his guineas,
would have difpofed of them, in fuch a manner, as
to have now had, in the place of them, fo many
one and twenty iMllings ; and the queftion fuppofes,
that he neither intended, nor ought to be a fufferer,
by parting with the pofteifion of his money to me*

When the relative value of coin is altered by an
aft of the ftate, if the alteration would have extend-
ed to the identical pieces which were lent, it is enough*
to return an equal number of pieces bf the fame de^
nomination, or their prefent value in any other. As
if guineas were reduced by an ad of parliament to
twenty ihillings, fo many twenty ihillings as I bor*.
rowed guineas, would be a juft repayment. It would
be otherwife, if the redudion was owing to a dc-
bafement of the coin ; for then refpeft ought to be
had to the comparative value of the old guinea and
the new.

Whoever borrows money is bound in confcience
to repay it. This every man can fee : but every
man cannot fee, or docs not, however, refleft, that
he is, in confequence, alfo bound to ufe the means
neceffary to enable himfelf to repay it. " If he
pay the money when he has it, or has it to fparc,
he does all that an honeft man can do,"' and all, he
imagines^ that is required of him ; whilft the previ-
ous meafures, which are neceffary to furniih him

ia9 Contrasts amarningtbe

with that money, he makes no part of his care, ^or
phferves to be as much his duty as the other ; fuch
as ielling a family feat, or a family eftatc^, contrading
bis plan of expenfe, laying down hb equipage, re^
ducing the number of his fervants, or any of thoic
humiliating facrifices, which jufiice requires of a man
in debt, the moment he perceives that he has no rea«
fonable profpeift of paying his debts without them*
An expectation, which depends upon the continue
ance of his own life, will not iatisfy^ an honeft man^
if a better provifion be in his power : for it is a
breach of faith to fubjedt a creditor, when we can
help it, to the rifk of our life, be the event what it
wUl ; that not being the fccurity to which credit
was given.

I know few fubjeds which have been more mif-
underftood than the law which authorizes the im*.
prifonment of infolvent debtors. It has been repre-
tented as a gratuitous cruelty, which contributed
.nothing to the reparation of the creditor's lofs, or
to the advantage of the community. This prejudice
arifes principally from coniidering the fending of a
debtor to jail, as an aft of private fatisfadion to the
creditor, inftead of a public punifhment. As an z€t
of fatisfaftion or revenge, it is always wrongs in the
motive, and often intemperate and undiftinguiihing
in the exercife. Confider it as a public puniihment,
founded upon the fame reafon, and fubjeft to the
fame rules, as other puniihments ; and the Juilice of
it, together with the degree to which it mould be
extended, and the objects upon whom it may be in-
flifted, will be apparent. There are frauds relating
to infolvency, againft which it is as necefiary to pro-
vide puniihment, as for any public crimes whatever ;
as where a man gets your money into his pofleflion,
and forthwith runs away with it ; or what is little
better, fquanders it in vicious expenfes ; or Hakes it
at the gaming table ; in the alley ; or upon wild ad-
ventures in trade ; or is confcious at the time he
borrows it, that he can never repay it ; or wilfully

Lendii^ rf-'Money. tat

|mts It out of his power by profufe Kving ; or con^*
cesds his effe^, or transfers them by collufion to an«
other ; not to mention the obftinacy of ibme debt«
ors, who had rather rot in jail, than deliver up their
eftates ; for, io fay the truth, the firft abfurdity is in
the law itfelf, whteh leaves it in a debtor's power to
withhold any part of his property from the claim of
his creditors. The only quefiion is, whether the
puniihment be properly placed in the hands of an ex-
afperated creditor ; for which it may be faid, that
thcfe frauds are fo fubtile and verlatile, that nothing
but a difcrctionary power can overtake them ; and
that no difcretion is likely to be fo well informed,
fo vigilant, or fo aftive, as that of the creditor.

It" muft b^ remembered, however, that the con-
finement of a debtor in jail is a puniihment ; and
that every puniihment fuppofes a crime. To purfue,
therefore, with the extremity of legal rigour, a fuf*
fercr, whom the fraud or failure of others, his own
want of capacity, or the difappointments and mif-
carriages to which all human affairs are fubjed^
jkave reduced to ruin, merely becaufe we are pro^-
vokcd by our lofs, and feek to relieve the pain we
feel by that which we inflict, is repugnant not only
to humanity, but to juftice ; for it is to pervert a;^
proyiilpn of law, defigned for a different and a falu-
tary purpofc, to the gratification of private fpleen
and refcntment. Any alteration in thefe laws,
which could c^ftinguiih the degrees of guilt, or con-
vert the fervice of the infolvent debtors to fome pub-
lic profit, might be an improvement ; but any con-
^derable mitigation of their rigour, under colour of
relieving the poor^ would increafe their hardihips.
For whatevcir deprives the creditor of his power of
coercion,, deprives, him of his fecurity ; and as this
muA add greatly to the difficulty of obtaining credit,
the poor, cfpeci^y the lower fort of tradefmen, are
the firft who would fuffcr by fuch a, regulation. As
.traddfmen muft buy before they fell, you would ex-
clude from trade two thirds of thofe who now carry

lai Service.

it on, if none were enabled to enter into ft without
a capital fufficient for prompt payment. An advo-
ctte, therefore, for the interefts of this important
cla& of the community, will deem it more eligible,
that one out of a thoumid fhould be fent to jail by hia
creditors, than that the nine hundred and ninety-nine
fliould be firaitened, and embarrafled, and many oi
them lie idle, by the want of credit*

Chapter xi.

CONTRACTS OF LABOUR,

SERVICE.

Service in this country is, as it ought to
be, voluntary, and by contraift ; and the mailer's
authority extends no farther than the terms or
equitable conftruftion of the contraft will juilify.

The treatment of fervants, as to diet, difcipline^
and accommodation, the kind and quantity of work
to be required of them, the intermiffion, liberty,
and indulgence to be allowed them, muft be deter-
mined in a great meafure by cuftom ; for where the
contraft involves fo many particulars, the contraft-
irig parties exprefs a few perhaps of the principal,
and by mutual underftanding refer the reft to the
known cuftom of the country in like cafes.

A fervant is not bound to obey the unlawfui com*
mands of his mafter ; to minitter, for inftance, to
his unlawful pleafure's ; or to affift him by unlawful
praftices in his profeffion ; as in fmuggling or adul-
terating the articles in which hc^ deals. For the
fervant is bound by nothing but his own promife ;
and the obligation of a promife extends not to
things unlawful.

For the fame reafon, the matter's authority is no
juJiiJicaHon of the fervant in doing wrong ; for the
fervant's own promife, upon which that authority is
founded, would be none.

Oeirlcs and apprentices ought to be employed en*
tirely in the profeffion or trade which they are
intended to learn. Inftrudion is their hire, and to
deprive them of the opportunities of inftru^on, by
taking up thdr time with occupations foreign tQ
their bufinefs, is to defraud them of their wages.

The mafter is refponiible for what a fervant doct
in the ordinary courfe of his employment ; for it \\
done under a general authority committed to him,
which is in jufticc equivalent to a fpccific dircftion.
Thus, if I pay money to a banker's clerk, the banker
is accountable ; but not if I had paid it to his butle^
or his footman, whofe bufinefs it is not to receive
money. Upon the fame principle, if I once fend %
fervant to take up goods upon credit, whatever goods
he afterwards takes up at the fame fhop, fo long as
he continues in |nv fe^vice^ are JufUy chargeable to
my account.

The law of this country goes great lengths in in-
tending a kind of concurrence in the mafter, fo 2%
to charge him with the confequences of his fervant's
conduft. If an inn-keeper's fervant rob his guefb,
the inn-kceper muft make rcftitution ; if a farrier'i
fervant lame a horfe, the farrier muft anfwer for
the damage ; and, ftill farther, if your coachman or
carter drive over a paffenger, ip the road, the paflen-
ger may recover from you a fatisfafiion for the
hurt he fuflFcrs, But thefe determinations ftand, I
think, rather upon the authority of the law, than
?iny principle of natural juftice.

There is a carcleffnefs and facility in ** giving
charafters,'* as it is called, of fervants, efpecially
when given in writing, or according to fome eftab-
lifhed torm, which, to fpeak plainly of it, is a cheat
upon thofe who accept them. They are given with
fo little referve and veracity, " that I fho^ld as foon
depend," fays the author of the Rambler, " upon
an acquittal at the Old Bailey, by way of recom-
mendation of a fcrvant's honefly, as upon one of
thefe charaaers/' It is fometimcs careleflheis j and

ia4 Sirvu^,

foxnetixnes aUb to get rid of a bad fervant wi^outthe
imea(ine& of a dilpute ; for which nothing can bo
pleaded, but the mofl ungenerous- of all cxcufes^
that the perfon whom we deceive is a ftranger.

There is a conducl, the reverfe of this, but more
injurious, becaufe the injury falls where there is no
remedy. I nnean the obftruding a {ervant's advance-
ment, becaufe you are unwilling to fpare hU fei:vice.
Tp ftand in the way of your fervant's intereft, is a
poor return for his ^delity^ and affords ilender en-
couragement for good behaviour, in this numerous
and therefore important part of the community.
It is a piece of injufUce, which, if pradifed towards
an equal, the law of honour would lay hold of ; as
it is, it is neither uncommon nor difreputable.

A mailer of a family b culpable, if he permit any
vices among his domefiics, wliich he might refirain
by due difcipline and a proper interference. This re-
fults from the general obligation to prevent mifery
when in our power ; and the affurance which wc
}iave, that vice and mifery. at the long run go to*
gether. Care to maintain in his family a fenfe of
virtue and religion, received the divine approbation
in the perfon of Abraham, Gen. xviii. 19—" I know
bim, that he will command his children, and bis
l>oufehold after him ; and they Ihall keep the way of
the Lord, to do juftice and judgment." And indeed
no authority feems fo well adapted to this purpofe,
as that of mailers of families : becaufe none operates
upon the jubjetfls of it, with an influence fo immedi*
ate and conftant.

What the Chriftian fcriptures have delivered con-
cerning the relation and reciprocal duties of mafters
and fervants, breathes a fpirit of liberality, very little
known in ages when fcrvitude was flavery ; and
which flowed from a habit of contemplating man-
kind under the common relation in which they fland
to their Creator, and with refpecl to their intereft
in another exiftence.* " Servants, be obedient to

• £ph. vi. 5 — 9.

. C^tnmiffhns. 125

them that are your mafters according to the flefli^
with fear and trembling, in finglenefs of your hearty
as ante Chrift ; not witn eye-fervice, as men pleafers ;
but as the fervants of Chrift, doing the will of God
from the heart } with good will doing fervice^ as U the
Lord, and not to men : knowing that whatfoever good
thing any man doth, the fame fliall he receive of the
Lord, whether he be bond or free. And, ye n^afters,
do the fame thing unto them, forbearing threatefi-
ing ; knowing that your Mafter alfo is in heaven ;
neither is there refpeft of perfons with him." The
idea of referring their fervice to God, of confidering
bim as having appointed them their talk, that they
were doing his wiU, and were to look to him for their
reward, was new ; and affords a greater fecurity to
the mailer than any inferior principle, becaufe it
tends to produce a fieady and cordial obedience in
the place of that conftrained fervice, which can never
be trufted out of fight, and which is juftly enough
called eye-fervice. The exhortation to matters, to
keep, in view their own fubjedion and accountable-
nefs, was no lefs feafonable.

Chapter xil

CONTRACTS OF LABOUR.

COMMISSIONS.

Whoever undertakes another rftan's bufi-
ncfs, makes it his own, that is, promifes to employ
upon it the fame care, attention and diligence, that
he would do if it were aftually his own ; for he
knows that the bufinefs was committed to him with
that expedlation. And he promifes nothing more
than this. Therefore an agent is not obliged to wait,
inquire, folicit, ride about the country, toil, or ftudy,
whilft there remains a poflibility of benefiting his em-
ployers- If h& exert fo much of bis actiyitV; and ufe

fuch caution, as the value of the bufineis in his jud^^
ment defervea, that is, as he would have thought
fufficient, if the fame intereft of his own had been
at ftake> he has difcharged his duty, although it
ihould afterwards turn out, that by more aAivity,
and longer perfeverance, he might have concluded
the budnefs with greater advantage.

This rule defines the duty of fa&ors, ftewards^
attorneys, and advocates.

One of the chief difficulties of an ageqt's fituation
is, to know how far he may depart from his infkruc-*
tions, when, from fome change or difcovery in the
circumftances of his commiffion, he fees reafon to be«
lieve that his employer, if he were prefent^ would al«
ter his intention. The latitude allowed to agents in
this refped will be different, according as the com-
miffion was confidential or minifierial ; and accord-
ing as the general rule and nature of the fervice re-
quire a prompt and precife obedience to orders, or
not. An attorney fent to treat for in efbite, if ie
found out a flaw in the title, would deiift from pro-
pofing the price he was direded to propofe ; and ve-
ry properly. On the other hand, if the commander
in chief of an army detach an officer under him up-
on a particular fervice, which fervice turns out more
difficult, or lefs expedient, than was fuppofed, in fo
much that the officer is convinced that his command-
er, if he were acquainted with the true ftate in which
the affair is found, would recal his orders, yet muft
this officer, if he cannot wait for freih diredions,
without prejudice to the expedition he is fent upon,
purfue, at all hazards, thofe which he brought out
with him.

What is trufted to an agent may be loft or dam-
aged in his hands by misfortune. An agent who ads
without pay is clearly not anfwerable for the lols ;
for, if he gave his labour for nothing, it cannot be
prefumed, that he gave alfo fecurity for the fuccefs
of it. If the agent be hired to the bufineis, the quef-
tion will depend upon the apprehenfion of the par*

Ctmimijions^ t^j

tics at the time of making the contraft ; which ap-
prehenfion of theifs muft be collefted chiefly from
cuftom, by which probably it was guided. Whether
a public carrier ought to account for goods fent by
him ; the owner or mafter of a fhip for the cargo ;
the poft office for letters, or bills inclofed in letters,
where the lofs is not imputed to any fault or neglect
of theirs ; are queftions of this fort. Any exprcf-
fion, which by implication amounts to a promife,
win be binding upon the agent without cuftom ; as
where the proprietors of a ftage-coach advertife, that
they will not be accountable for money, plate, or
jewels, this makes them accountable for every thing
clfe ; or where the price is too much for the labour,
part of it may be confidered as a premium for infur-
ance. On the other hand, any caution on the part
of the owner to guard againft danger, is evidence
that he confiders the rilk to be his ; as cutting a bank
bill in two, to fend by the poft at different times.

Univerfally, unlefs a promife^ either exprefs or
tacit, can be proved againft the agent, the lofs muft
iaU upon the owner-

The agent may be a fufferer in his own perfon or
property by the bufinefs which he undertakes ; as
where one goes a journey for another, and lames
his horfe, or is hurt himfelf by a fall upon the road ;
can the agent in fuch cafe claim a compenfation for
the misfortune ? Unlefs the feme be provided for by
exprefs ftipulation, the agent is not entitled to any
compenfation from his employer on that account :
for where the danger is not forefeen, there can be
no reafon to believe, that the employer engaged to
indemnify the agent againft it ; ftill lefs where it
is forefeen : for whoever knowingly undertakes a
dangerous employment, in common conftruftion
takes upon himfelf the danger and the confequences ;
as where a fireman undertakes for a reward to rifk
a box of writings from the flames ; or a failor to
bring oflP a paflenger from a fliip in a ftorm.
R

Iflt Partnerjblp.

C]^9tet XIII.

CONTRACTS OF LABOUR*
PARTNERSHIP.

I KNOW nothing upon the fubje^l of partner-
fliip that requires explanation, but in what manner
the profits are to be divided, where one partner con*-
tributes money and the other labour ; which is a
common cafe.

Rule. From the ftock of the partnerfliip dedu^
the fum advanced, and divide the remainder between
the monied partner, and the labouring partner, in
the proportion of the intereft of the monejr to the
wages of the labour, allowing f^ch a rate of intereil
as money might be borrowed for upon the fame fe«
ciirity, and Jmch wages as a journeyman would re«
quire for the fame labour and trufL

Example. A advances a thoufand pounds, but
knows nothing of the bufinels ; B produces no mon-
ey, but has been brought up to the bufinefs and un«
dertakes to condud it. At the end of the year the
fiock and the effeds of the partnerihip amount to
twelve hundred pounds ; confequently there are twO
hundred pounds to be divided. Now nobody would
lend money upon the event of the bufinefe fucceed-
ing, which is A's fecurity, under fix per cent.— there-
fore A muft be allowed fixty pounds for the interefi:
of his money. B, before he engaged in the partner-
ihip, earned thirty pounds a year in the fame em-
ployment ; his labour, therefore, ought to be valued
at thirty pounds ; and the two hundred pounds rauft
be divided between the partners, in the proportion
of fixty to thirty ; that is, A muft receive one hun-
dred and thirty-three pounds fix (hillings and eight
pence, and B fixty -fix pounds thirteen millings and
four pence.

If there be nothing gained, A lofes his intereCb, and
B his labour, which is right. If the original ftock

Qgices. 129

he^dtsmoiflied, by thb rule B lofes only his labour as
before ;wha'eas A lo&s his iutereft, and part of the
principal : for which eventual di£idvantage A it
coQipenfiited, by having the intereft of his money
computed at iiz per cent, in the diviiion of the prof*
itA, when there are any.

It is true, that the diviiion of the profit is feldom
forgotten in the conftitution of the {Murtnerihip ;
and is therefore commonly fettled by ezprefs agree-
ments ; but thefe agreements, to be equitable, fliould
purfue the principle of the rule here laid down.

All the partners are bound by what any one of
ihetn does in the courfe of the bufineis ; for, quoad
i»€j e^ch partner is coniidered as an authorized
Ige^t iof the reft.

Chapter xiv.

CONTRACTS OF LABOUR.
OFFICES.

IN many offices, as fchools, fellowihips of col-
leges, j[)rofefl[orfhips of the univerfities, and the like,
jbhere is a twofold contrad, one with the founder,
the other with the ele&ors.

The contrad with the founder obliges the incum*-
^nt of the office to difcharge every duty appointed
Vy the charter, fiatutq^^ deed of gift, or will of the
Ibunder ; becaufe the endowment was given, and
confequently accepted for that purpofe, and upon
ihoTe conditions.

The contraft with the eledors extends thb obliga^
tioa to all duties that have been cujiomarily conned-
€d with and reckoned a part of the office, though
not prescribed by the founder : for the dehors ex-
ped from the perfon they choofe, all the duties
^hich his predeceflbrs have difcharged ; and as the

.130 Offices.

perfon "clefted cannot be ignorant of their expeftei-'
tion, if he meant to have refufed this condition, he
Ought to have apprized them of his objedion.

And here let it be obferved, that the eleftors can
excufe the confcience of the perfon eleftcd from
this laft clafs of duties alone ; becaufe this clafs re-
fults from a contract, to which the eleftors and the
perfon elected are the only parties. The other dafi
of duties refults from a different contraft.

It is a queftion of fome magnitude and difficulty,
what offices may be confcientioufly fupplied by ^^
deputy.

We will ftate the feveral objeftions to the fubfti-
tution of a deputy ; and then it will be underftood
that a deputy may be allowed in all cafes, to which
thefe objeftions do not apply.

An office may not be difcharged by deputy,

1. Where a particular confidence is repofed in the
judgment and conduft of the perfon appointed to it ;
as the office of a ftevrard, guardian, judge, com-
mander in chief by land or fea.

2. Where the cuftom hinders ; as in the cafe of
fchoolmafters, tutors, and of commiffions in the
army or navy.

3. Where the duty cannot, from its nature, be fo
well performed by a deputy ; as the deputy govern*
or of a province may not poflefs the legal authority,
or the aftual influence of his principal. -

4. When fome inconveniency would refult to the
fervice in general from the parmiffion of deputies in
fuch cafes : for example, it is probable that military
merit would be much difcouraged, if the duties be-
longing to commiffions in the army were generally
allowed to be executed by fubftltutes.

The non-refidence of the parochial clergy, ivho
fupply the' duty of their benefices by curates, is
worthy of a more diflind confideration. And, in
order to draw the Queftion upon this cafe to a point,
we wUl fuppofe the officiating curate to difdiarge

Offices. 131

every duty, which his principal, were he prefcnt,
would be bound to difcharge, and in a manner
equally beneficial to the parifli ; under which cir-
cumftances, the only objedlion to the abfence of the
principal, at leaft the only one of the foregoing ob^
je^ons, is the laft.

And, in my judgment, the force of this objection
will be much cuminiihed, if the abfent redor or vic-
ar be, in the mean time, engaged in any funAion
or employment, of equal or of greater importance
to the general intereft of religion. For the whole
revenue of the national church may properly
enough be conlidered as a common fund for the
Support of the national religion ; and if a clergy*
man be ferving the caufe of Chriftianity and proteft-
antifm, it can make little difference, out of what
particular portion of this fund, that is, by the tithes
and glebe of what particular parilh his fervicc be
requited ; any more than it can prejudice the king's
fervice, that an officer who has fignalized his merit
in America, fiiould be rewarded with the govern-
ment of a fort or a cafUe in Ireland, which he never
ikw ; but for the cuftody of which proper provifion
is made, and care taken.

Upon the principle thus explained, this indul-
^nce is due to none more than to thofe who are
occupied in cultivating, or communicating religious
knowledge, or the fciences fubfidary to religion-

This way of confidering the revenues of the
church, as a common fund tor the fame purpofe, is
the more equitable, as the value of particular pre-
ferments bears no proportion to the particular
.charge or labour.

But when a man draws upon this fund, whofe
iludies and employments bear no relation to the
object of it ; and who is no farther a minifter of
the Chriftian religion, than as a. cockade makes a
foldicr, it feems a mifapplication little better than
a robbery.

^3% . tin*

Aini ta tIio(e who baye th« fn^j^e^omant oiiw^
Blatters^ I fubmit this ^ueilion,. whetl^er the ifopoYf
CFiihiaent oif the fuad,^ by converting the befi fharo
oi \x, mto ^nnuituis foijtbe gay and lUiter^t^ youth
of great families^ threatens not to ftarve and ftiflii
the tittle clerical merit that is left amongft 114 ?

AH legal difpenfations froQi refidence proceed up-
on the fuppofition, that the abfeotee is detained
fron^ his living, by foroe engagement of equal or oi
greater pubUc importance. Therefore, if in a cafe^
where no fuch reafon can with truth be pleaded, it
be faid, that this queilion regards a right of propeTf
ty, and that all right of property awaits the di^&«
tion of law ; that, therefore, if the law, which given
a man the emoluments of a living, excufe him i^oia
refiding upon it, he is excufed in coniicienoQ ; w^
anfwer, that the law; does not excufe him by, intention^
^d that all other excufes are fraudulent.

\

Chapter xv,

LIES-

A LIE is a breach of promife ; for whoever
ferioufly addreffes his difcourfe to another, tacitly
promifes to fpeak the truth, becaufe he knows that
the truth is cxpefted-

Or the obligation of veracity may be made out
from the direft ill confcquences of lying to fociai
kappinefs. Which confcquences confift, cither in
fome fpecific injury to particular individuals, or in the
deftru£Hon of that confidence, which is effential to the
Intercourfe of human life : for which latter reafon,
a iifl^ay be pernicious in its general tendency, and
therefore criminal, though it produce no particular
or vifible mifchief to any one-

Lies. 133

- There are falfehoods which are not Res ; that it»
vhich are not criminal ; as,

1. Where no one is deceived ; which is' the cafe
in parables, £abies, novels, jcfts, taks to create mirth,
lucUcroiis eoibelliflunents of a ftory, where the de-
clared defign of the fpeaker is not to inform, byt to
divert ; compliments in the fui^cription of a letter,
a fervant's denying his mailer, a prifoner's pleading not
guHty, an advocate aflerting the juftice, or his belief
of the jufiice of his cficnt's catife. In f^ch inftances,
BO confidence b defiroyed, becaufe none was repoC-
•ed ; no promife to ^ak the truth is violated, foecaufe
none was given, or underfiood to be given.

2. Where the perfon to whom yon ipeak has no
light to know the truth, or more properly, where
fotle or no iaioonveniency refiilts from the want cf
confidence in fuch cafes ; as where you tdi a falfe}xood
to a QQadman, for his own advantage ; to a robber,
to conceal yonr property ; to an affaffin, to defeat^
^r to divert him from, his purpofe. The particular
^on&qnence is by the fiippofidon beneficial ; and M
to the general confe(}uence, the worft that can hap-
|>en is, that the madman, the robber, the afiafin,
wiJi not truft you again ; whkh (befide that the firft
is iofKiipable of deducing regular conclufions from
having been once deceived, and the two laft not like-
ly to come a fecond time in your way) b fufficiently^
compensated by t^e immediate bend&t which you
l^ropoie by the fal£ehood.

It is upon this princq>le, that, by the laws of war,
it is allowed to deceive an enemy by feints, iahe col-
ours,^ ^es, fdfe intelligence, and the like ; but, hy
Xko means, in treaties, truces, iignals of capitulation,

* There havebeoi two-or three inAaoca of late, of EngUni ihips decoying
•«n enemy Into their power, by counterfeiting fi^nals of diftref* ; an aru£ce
^hieh ought to he reprobated by the common indignation of manldnd : for
a fewexslxnplct of capQires cSc^A by tbis.ftrgt^gesi, WQEitld.put an .epil to
that .promptitude in a^ording afllftance to Hilps in JK^rcfs, nhich is the bod
'▼ittne'in a £ra-farhig chara^r, and by which- the perils of ^navi^tioQ are d^«
suni0ied to alt A. D. 1775.

T34 L^^^

or furrendcr ; and the diflFercncc is, that the fbrtocf
fuppofe hoftilities to continue, the latter are calculate
cd to terminate or fufpend them. In the conduct of
war, and whilil the war continues, there is no ufe, or
rather no place for confidence, betwixt the contend-
ing parties j but in whatever relates to the termination
of war, the moft religious fidelity is expefted, becaufe
without it wars could not ceafe, nor the vidors be fe-
cure, but by the entire deftrudion of the vanquilhcd.

Many people indulge in ferious difcourfe a habit
•of fiftion and exaggeration, in the accounts they give
of themfelves, of their acquaintance, or of the extra-
ordinary things which they have feen or heard ;
and fo long as the fadls they relate are indifferent^
and their narratives, though falfe, are inoffenfive, it
may feem a fuperftitious regard to truth, to cenfure
theip merely for truth's fake.

In the firft place, it is almoft impoffible to pro-
nounce beforehand, with certainty, concerning any
lie, that it is inoffenfive. Volat irrevocabile ; and col-
leds fometimes accretions in its flight, which ent^re-
-ly change its nature. It may owe poffibly its mif-
chief to the oflEcioufnefs or mifreprefentation of thofc
who circulate it ; but the mifchief is, neverthelefs, in
fome degree, chargeable upon the original editor.

In the next place, this liberty in converfation de-
feats its own end. Much of the pleafure, and all the
benefit of converfation, depends upon our opinion of
the fpeaker's veracity ; for which this rule leaves no
foundation. The faith indeed of a hearer muft be
extremely perplexed, who confiders the fpeaker, or
believes that the fpeaker confiders himfelf, as under
no obligation to adhere to truth, but according to
the particular importance of what he relates.

But befide and above both thefe reafons, white lies

always introduce others of a darker complexion. I

have feldom known any one who deferted truth in tri-

.fics, that could be trufted in matters of importance.

Lies. 135

Nice diftinftions are but of the queftion, upon occa-
fions, which, like thofe of fpeech, return every hour.
The habit, therefore, of lying, when once formed,
is cafily extended to ferve the defigns of malice or
intereft j like all habits, it fpreads indeed of itfelf*.
Pious frauds, as they are improperly enough call-
ed, pretended infpirations, forged books, counterfeit
miracles, are impofitions of a mor^ ferious nature.
It is pofiible that they may fometimes, though
feldom, have been fet up and encouraged, with a
defign to do good ; but the good they aim at, re-
quires that the belief of them Ihould be perpetual,
which is hardly pofiible ; and the deteftion of the
fraud is fure to difparage the credit of all pretenfions
of the fame nature. Chriftianity has fuffered more
injury from thi^ caufe, than from all other caufes put
together, •

As there may be falfehoods which are not lies, fo
there may be lies without literal or direft falfehood.
An opening is always left for this fpecies of prevari-
cation, when the literal and grammatical fignifica-
tion of a fentence is different from the popular and
c"ftomary meaning. It is the wilful deceit that
makes the lie; and we wilfully deceive, when
our expreflions are not true in the fenfe in which we
believe the hearer to apprehend them. Befides, it is
abfurd to contend for any fenfe of words, in oppo-
fition to ufage, for all fenfes of all words are found-
ed upon ulage, and upon nothing elfe.

Or a man may a^i a lie ; as by pointing his fin^
;er in a wrong direftion, when a traveller inquires of
im his road ; or when a tradefman fhuts up his
windows, to induce his creditors to believe that
he is abroad : for to all moral purpofes, and there-
fore as to veracity, fpeech and aftion are the fame }
Ipeech being only a mode of aftion*

Or, laftly, there may be lies of omijjion. A writer
of Englifh hiflory, who, in his account of the reign

hi

136 Oath.

of Charles the Firft, fliould wilfully fapprefe any-
evidence of that prince's clefpotic meafures and de-
figns, might be faid to lie ; for, by entitling his book
1 Hi/iory of England^ he engages to relate the whole
truth of the hiftory, or, at leaft, all that he knows
6fit.

CJiapter xvi.

OATHS.

I. Forms of Oaths.

n. Signification.

III. Lawfutnefs.

IV. Obligation.

Y. What Oaths do not bind.

VI. In vfhatfenfe Oaths are to be interpreted.

I. The forms of oaths, like other religious cere-
monies, have in all ages been various ; but confifting^
for the moft part, of fome bodily aftion,* and of a
prcfcribed form of words. Amongft the Jews^ trie
juror held up his right-hand towards heaven, which
explains a paffage in the cxlivth Pfalm — ^**whofe
mouth fpeaketh vanity, and their ri^ht-handis a rights
band (ffalfehood.*^ The fame form is retained in Scot^
land ftill. Amoftgft the fame Jews, an oath of fidel-
ity was taken, by the fervant*s putting his hand un-
der the thigh of his lord, as Eliezer did to Abraham^
Gen. xxiv. 2. from whence, with no great variation,
is derived perhaps the form of doing homage at this
day, by putting the hands between the knees, and
within the hands of the liege.

* It is commonly thonght that oaths are denominated corptral oaths, from
the bodily aftion which accompanies them, of laying the right-hand Upon a
look, containing the four GofpeU. Tliis opinion, however, appears to be a
miftakfe ; for tl^ term is bofrowed from the ancient ufage of touching, upon
lliefc eccafions, the f$r/*9ralt, or doth which covered the confecraced eicmecta.

Oaths.

^27

Amongft the Greeks and Romans^ the form raricd
with the fubjecl and occ^fion of the oath. In pri-
vate contrafts, the parties took hold of each other's
hand, whilft they fwore to the performance ; or they
touched the altar of the god, by whofe divinity they
fwore.. Upon more folemn occafions it was the cuf-
tom to flay a viftim ; and the beaft htm^Jiruck dowriy
with certain ceremonies and invocations, gave birth
to the expreffions niJLniv afxcr, ferire pactum ; and to our
Englijh phrafc, tranfiated from thefe, of ** ftriking a
bargain."

The forms of oaths in Chriftian countries are alfo
very different ; but in no country in the world, I be-
lieve, worfe contrived, either to convey the meaning,
or imprefs the obligation of an oath, than in our
own. The juror with us, after repeating the prom-»
ife or affirmation, which the oath is mtende4 to
confirm^ adds, ** fo help me God ;" or more fre-
quently the fubftance or the oath is repeated to the
juror, by the officer or magiftrate who adminifters It,
adding in the conclufion, " fo help you God." The
energy of the fentence refides in the particle yj ; y&,
that is, hdc lege, upon condition of my fpeaking the
truth, or, performing this promife, and not other-
wife, may God help me.' The juror, whilft he heara
or repeats the words of the oath, holds his right-hajid
upon a Bible, or other book, containing the four
Gofpels. The conclufion of the oath fometimes runs,
** ita me Deus adjuvet, et haec fanda cvangelia,*' or
" fo help me God, and the contents of this book ;"
which laft claufe forms a connexion between the
words and aftion of the juror, that before was want-
ing. The juror then kiffes die book : the kifc, how-
ever, feems rather an ad of reverence to the contents
of the book, as, in the popiih ritual, the prieft kifles
the Gofpei before he reads it, thaa any part of the
oath.

This obfcure and eUipdcai form, ^together with the
lenity gnd frequency with which it is adouniftered,,

13* Oathsl

has brought about a general inadvertency to the obli*
gation of oathsy which, both in a religious and poHt«
ical view, is much to be lamented ^ and it merits
public condderation, whether the requiring of oaths
on fo many frivolous occalions, efpecially in the cuf-
toms, and in the qualification for petty offices, has
any other etfeA, than to make them cheap in the
minds of the people. A pound of tea cannot travel
regularly from the ihip to the confumer, without
cofting half a dozen oaths at the leaft ; and the fame
fecurity for the due difcharge of their office, namely,
that of an oath, is .required from a church* warden
and an archbiffiop, from a petty conftable and the
chief juftice of England. Let the law continue its
own fanftioris, if they be thought requifite ; but let it
fpare the folemnity of an oath. And where, from the
want of fomething better to depend upon, it is nec-
cflary to accept men's own word or own account, let
it annex to prevarication penalties proportioned to
the public mifchief of the offence.

11. But whatever be the form of an oath, the^-
filfication is the fame. It is " the calling upon God
to witnefs, /. e. to take notice of what we fay ; and it
is invoking his vengeance, or renouncing his favour,
if what we fay be lalfe, or what we promife be not
performed.** •

in. Quakers and Moravians refiife to fwear upon
any occafion ; founding their fcruples concerning the
lawfulnefs of oaths upon our Saviour's prohibition,
Matth. V. 34. " I fay unto you, fwear not at all.*'

The anfwer which we give to this objection can-
not be underftood, without firft dating the whole
paiTage : ^' Ye have heard that it hath been faid by
them of old time, thou fhalt not forfwear thyfelf, but
flialt perform unto the Lord thine oaths : but I fay
tinto you, fwear not at all ; neither by heaven, for it
is God's throne ; nor by the earth, for it is his foot-
ftool J neither by Jeru/alem^ for it is the city of the

Oaths. €59

great Boliff; neither fhalt thou fwear by thv head^
becaufe thou canft not make one hair white or
bbck : but let you communication be yea yea, nay
naj^, for whatfoever is more than thefe cometh cif
evil/'

To reconcile with this pailage of fcripture the
pradice of fwearing, or of tajdns; oaths, when re-
quired by law, the following ohtervations muft be
attended to.

1. It does not appear, that fwearing " by heaven,*^
** by the earth,*' " by Jeru/alem^** or " by their own
head," was a form of fwearing ever made ufe o£
amongft the Jews in judicial oatns : and confequent-
ly, it is not probable that they were judicial oaths,
which Chrift had in his mind when he mentioned
thofe inftances.

2. As to the feeming univeffality of the prohibin*
tion, " fwear not at all," the emphatic daule " not •
at all," is to be read in connexion with what fol«»
lows ; " not at all," /. e. neither " by the heaven,"
nor " by the earth," nor " by Jerufalem^*^ nor ** by *
thy head ;" " not at all^^ does not mean upon no oc-
cafion, but by none of thefe forms. Our Saviour'i *
argument feems to fuppofe, that the people to whom

jie fpake, made a diftin£lion between fwi:aring di- ^gi «
reftly by " the name of God," and fwearing by uiofe ^
inferior objefl:s of veneration, " the heavens," "the.? ; .'
earth," " jerufaleth^^ or " their own head." In op- * ^
poiition to which diftinftion he tells them^ that, on
account of the relation which thefe things ^ore to •

the Supreme Being, to fwear by any of them, was in * ^ *"
cffeft and fubftance to fwear by him ; " by fie^ven, - ^
for it is his throne ; by the earth, for it is his foot- f

ftool ; by Jerufalem^ for it is the city of the great
King ; by thy head, for it is his workmanfliip, no» ^
thine, thou canft not make one hair white or Mack:" ^^
for which reafon he fays, " fwear not at dlly* that 5^
neither directly by God, nor indireftly by any thing r

related to him. This interpretation is greatly con- ^ **•/.

•«>

^4^ OathsX

firmed, by a pa&ge in the twenty-third chapter
of the fame Gofpel, where a iimilar diftinftion,
knade by the Scribes aod Pharifees, is replied to in
the fame manner.

3. Our Saviour himfelf being " adjured by the
Kvmg God/* to declare wliether he was the Chrift,
the Son of God, or not, condeicended to anfwer the
high prieft, without xnaking any objection to the
oath (for fuch it was) upon which he examined
him, " God is my witnefsy* fays St. Paul to the Ro-
mansy ** that without ceaiing I make mention of you
in my prayers •/* and to the Corinthians ftill more
ftrongly, *' / call God for a record upon my foul ^ that to
fpare you, I came not as yet to CorinthJ*^ Both thefe
cxpreffions contain the nature of oaths. The epiftle
to the Hebrews fpeaks of the cuftom of fwearing
|udicially, without any mark of cenfure or difap-
probation : " Men verily fwear by the greater, and
sm oath, for confirmation, is to them an end of all
ftrife/*

tjpon the ftrength of thefe reafons, we explain
our Saviour's words to relate, not to judicial oaths,
but to the praftice of vain, wanton, an4 unauthoriz*
ed fwearing, in common difeourfe, St. James^

" words, chap. v. 12. are not fo ftrong ag our Sa-
viour's, and therefore admit the fame explanation

^ jvith more eafe.

IV. Oaths are nugatory, that is, carry with them
no proper force or oWigation, uniefs we believe, tJiat
God will punifh faUe iwearing with more feverity
than s fimple lie, or breach of promife \ for which
belief there are the following reafons :

I. Perjury is a fin of greater deliberation. The
» juror has the thought of God and of religion upon
his nrind at the time ; at leaft, there are very few
^who can ihake them off entirely. He offends, there-
iFore, if he do offend, with a high hand, in the face,
^ that is, in defiance of the fanclions of reiigioo. His
(^ence implies a dilbeiief or contempt of God'$

Oaths. 141

knowledge, power, and juftice, which cannot be laid
of a lie, where there is nothing to carry the mind to
any refleftion upon the Deity, or the divine attri-
butes at all.

2. Perjury violates a fuperior confidence. Man-
kind muU truft to one another ; and they have noth-
ing better to truft to than one another's oath. Hence
legal adjudications, which govern and affeA every
right and intereft on this fide the grave, of neceffity
proceed and depend upon oaths. Perjury, therefore,
in its general confequence, ftrikes at the fecurity of
reputation, property, and even of life itfelf. A lie
cannot do the fame mifchief, becaufe tl>e fame credit
is not given to it.*

3. God direfted the Ifraelites to fwear by his '
name ;t and was pleafed, •* in order to fhow the im-
mutability of his own counfel,*'J to confirm his cov-
enant with that people by an oath : neither of which
it is probable he would have done, had he not in*
tended to reprefent oaths, as having fome meaning-
and effeft, beyond the obligation of a bare promife i
which effed muft be owing to the feverer punilhment
with which he will vindicate the authority of oaths.

V* Promiffory oaths are not bindings where the
promife Itfelf would not be fo : for the fcveral cafes
of which, fee the Chapter of Promifcs.

VI. As oaths are defigned for the fecurity of the
Impofer, it is manifeft they muft be interpreted^ and
performed in the fenfe in which the impofer intends
them ; otherwife, they afford no fecurity to him.
And this is the meaning and reafon of the rule, " ju-
rare in animum imponentis j" which rule the reader
is defired to carry along with him, whilft we pro*
ceed to confider certain particular oaths, which arf
either of greater importance, or more likely to fall
in our way than others.

• £xcept» indeed, where a Quaker's of Moravian's affirmation is accepted
in the place of an oath ; in which cafe, a lie partaJtes, i^fai* as this rcakm tt^
tends, of the nature and guilt of perjury.

f DeuU vl 13. X. ao, ^ Heb. ti. 17.

142 Oatb in Evidence.

CJajpter xviL

OATH IN EVIDENCE.

1 HE witnefs fwears, ** to fpeak the truth, the
whole truth, and nothing but the truth, touching
the matter in queftion."

Upon which it may be obferved, that the defign-
ed concealment of any truth, which relates to the
matter in agitation, is as much a violation of the
oath, as to teftify a pofitive falfehood ; and this
whether the witnefs be interrogated to that particu*
lar point or not* For, when the perfon to be exam*
ined is fworn upon a voir dire^ that is, in order to
inquire, whether he ought to be admitted to give
evidence in the caufe at all, the form runs thus :
•* You fliall true anfwer make to all fuch queftions
as ihall be afked you ;" but when he comes to be
Iworn in chiefs he fwears " to fpeak the whole truth,**
without rcftraining it, as before, to the queftions
that ihall be afked : which difference fhews, that the
law intends, in this latter cafe, to require of the
witnefs, that he give a complete and unreferved ac-
count of what he knows of the fubjefl of the trial,
whether the queftions propofed to him reach the
extent of his knowledge or not. So that if it be
inquired of the witnefs afterwards, why he did not
inform the court fo and fo, it is not a fufficient,
though a very common anfwer, to fay, ** becaufe it
was never afked me/*

I know but one exception to this rule ; which is,
» when a full difcovery of the truth tends to accufe the
witnefs himfelf of fbme legal crime. The law of Eng^
land conflrains no man to become his own accufer ;
confequently, impofes the oath of teftimony with
this tacit refervation. But the exception muft be
confined to legal crimes. A point of honour, of deU
itacy, or of reputation, may make a witnefs back-
ward to difdofe fome circumftance with which he is

Oath of Allegiances 143

:icquainted ; but will in no wife juftify hU conceal-
ment of the truth, unlefs it could be ihewn, that the
law which impofes the oath, intended to allow this
indulgence to fuch motives. The exception of
which we are fpeaking is alfo withdrawn by a com-
paA between the magiftrate and the witnefs, when
an accomplice is admitted to give evidence againft
the partners of his crime.

Tendernefs to the prifoner, although a fpecioug
apology for concealment, is no juft excufe ; for, if
this plea be thought fufficient, it takes tjie admini£*
tration of penal juftice out of the hands of judges
and Juries, and makes it depend upon the temper of
protecutors and witnefles.

Oueftions may be alked which arc irrelative to the
cau]^, which aflPed the witnefs himfelf, or fome third
perfon ; in which, and in all cafes, where the witnefs
doubts of the pertinency and propriety of the quef-
tion, he ought to refer his doubts to the court.
TTie anfwer of the court, in relaxation of the oath,
is authority enough to the witnefs : for the law
which impofes the oath may remit what it will of the
obligation ; and it belongs to the court to declare
what the mind of the law is. Neverthelefi, it can-
not be faid univerfally, that the anfwer of the court
is conclufive upon the confcicnce of the witnefs ; for
his obligation depends upon what he apprehended,
at the time of taking the oath, to be the defign of the
law in impoiing it : and no after requifition or ex-
planation by the court can carry the obligation be-
yond that.

ejjapto: xviiT.

OATH OF ALLEGIANCE.

' 1 DO fincerely promife, and fwear, that I will
be faithful and bear true allegiance to his Majefty
King George." Formerly the oath of allegiance ran

T

f44 Oaib of Attepance*

thus : ^^I do promife to be true and faithful to the ^ng
and hb heirs^ and truth and fsdth to bear, of life, and
limb, and terrene honour.; and not to know or hear
of any ill or damage intended him, without defend-
ing him therefrom :'' and was altered at the Revolu-
tion to the prefent form. So that the prefent oath
is a relaxation of the old one. And as the oath was
Intended to afcertain, not fo much the extent of the
fubject^s obedience, as the perfon to whom it was
due, the legiflature feems to have wrapped up its
meaning upon the former point, in a word purpoiely
made chcHce of for its general and indeterminate fig-
(kification.

It will be moft convenient to coniider, firft, what
the oath excludes, as inconfiflent with it : fecondly^
what it permits.

1. The oath excludes all intention to fupport the
claim or pretenfions of any other perfon or perfons,
to the crown and government, than the reigning
ibvereign. A Jacobite^ who is perfuaded of the Pre^
tender's right to the crown, and who moreover de-
iigns to join with the adherents of that caufe, to aifert
this right, whenever a proper opportunity, with a
{•eafonable profpeft of fuccefs, prefcnts itfelf, connot
take the oath of allegiance ; or, if he could, the oath
of abjuration follows, which contains an exprefs re-
nunciation of all opinions in favour of the claim of
the exiled family.

2. The oath excludes all defign at the time, of at*
tempting to depofe the reigning prince, for any rea-
fon whatever. Let the juftice of the Revolution be
what it would, no honed man could have taken
even the prefent oath of allegiance to James the Sec-
ond, who entertained at the time of taking it, a de-
fign of joining in the meafures which were entered
into to dethrone hira.

3. The oath forbids the taking up of arms agairift
the reigning prince, with views of private advance-
ment, or from motives of perfonal refentment or dif-
Jike. It is pofiible to happen in this, what frequent-

Oath if Allepante* I45

ly happens in dd^otic governments, that am ambi-
tious general, at the head of the military force of the
nation, might, by a conjundure of fortunate drcum*
ftances, and a great afcendency over the minds of
the foldiery, depofe the prince upon the throne, and
make way to it foi^ himfelf, or for fome creature of
his own; A perfon in this iituation would be with*
held from fuch an attempt by the oath of allegiance,
if he paid regard to it. If there were any who en-
gaged in the rebellion of the year forty-five, with
the expe^tion of titles, eftates, or preferment ; or
becaufe they were difappointed, and thought them-
felves neglefted and ill ufed at court ; or becaufe they
entertained a family animofity, or perfonal refent*
ment againft the king, the favourite, or the minifier ;
if any were induced to take up arms by theie mo-
tives, they added to the many crimes of an unpro-
voked rebellion, that of wilful and corrupt perjury.
If, in the late American war, the fame motives deter-
mined others to connect themfelves with that oppo-
iition, their part in it was chargeable with perfidy
and faUehood to their oath, whatever was the juflice
of the oppofition itfelf, or however well founded
their own complaints might be of private injury.

We are next to confider, what the oath of allegi-'
ance permits, or does not require.

I. It permits refinance to the king, when his lit
behaviour, or imbecility is fuch, as to make refiftance
beneficial to the community. It may fairly be pre-
fumed, that the convention parliament, which intro-
duced the oath in its prefent form, did not intend^
by impofing it, to exclude all refiftance ; fince the
members of that legiHature had many of them re-
cently taken up arms againfl James the Second : and
the very authority by which they fat together, was
itfelf the effeft of a fuccefsful oppofition to an ac-
knowledged fovercign. Some refiftance, therefore,
was meant to be allowed ; and, if any, it mull be
that which has the public intereft for its objed.

t46 Oath againji Bribery.

2. The oath does not require obedience to fucH
commands of the king, as are unauthorized by laww
No fuch obedience is implied by the* terms of the
oath : Xiat fidelity there promifed, is intended of fidel-
ity in oppofition to his enemies, and not in oppofition
to law ; and allegiance^ at the utmoft, can only figni-
fy obedience to lawful commands. Therefore, if
the king ihould iffue a proclamation, levying money,
or impofing any fervice or reftraint upon the fubjeft,
beyond what the crown is impowered by law to en-
join, there would exift no fort of obligation to obey
fuch a proclamation, in confequence of having taken
the oath of allegiance.

3. The oath docs not require that we ihould con-,
tinue our allegiance to the king, after he is aftually
and abfolutely depofed, driven into exile, carried
away captive, or otherwife rendered incapable of cx»
ercifing the regal office, whether by^ his fault or
without it. The promife of allegiance implies, and
is underftood by all parties to fuppofe, that the perfon
to whom the promife is made continues king; contin-
ues, that is, to exercife the power and afford the pro-
teftion, which belongs to the pffice of king : for it is
tlie poffeffion of this power, which makes fuch a par*
ticular perfon the objeft of the oath ; without it,
why, flxould I fwear allegiance to this man, rather
thafi to any man in the kingdom ? Befide which, the
contrary doctrine is burthened with this confequencc,
that every conqucft, revolution of government, or
difafter which befals the perfon of the prince, muft.ba
followed by perpetual and irremediable anarchy.

Chapter xix,

OATH AGAINST BRIBERY IN THE ELEC-
TION OF MEMBERS OF PARLIAMENT.

1 DO fwear I have not received, or had, by
myfelf, or any perfon whatfoever, in truft for mc.

Oath agMn/i Simony. i^y

or for my ufc and benefit, dircjMy or indircftly, any
fum or fums of money, office, place, or employment,
gift, or reward, or any proxmfe or fecurity for any
money, office, employment, or gift, in order to
give my vote at this eleftion,"

The fevcral contrivances to evade this oath, fuch
as the eleftors accepting money under colour of bor-
rowing it, and giving a promifory note, or other fecu-
rity for it, which is cancelled after the.eleftion ; re-
ceiving money from a flranger, or a perfon in dif-
guife, or out of a drawer, or purfe, left open for the
purpofe ; or promifes of money to be paid after the
eledion ; or ftipulating for a place, living, or other
private advantage of any kind j if they efcape the
legal penalties of perjury, incur the moral guilt : for
they are manifefUy within the mifchief and defigu
of the fiatute which impofes the oath ; and within
the terms, indeed, of the oath itfelf ; for the word
*' indireftly*' is inferted on purpofq to comprehend
fuch cafes as thefe«

Chapter xx-

OATH AGAINST SIMONY.

r ROM an imaginary refemblance between the
parchafe of a benefice and Simon Magus* attempt to
purchafe the gift of the Holy Ghoft, A£is viii. ig.
the obtaining of ecclefiaftical preferment by pecunia-
ry confiderations has been called Simony.

The fale of advowfons is infcparable from the al-
lowance of private patronage; as patronage would
otherwife devolve to the moft indigent, and, for that
reafon, the moft improper hands it could be placed in.
Nor did the law ever intend to prohibit the paifing
of advowfons from one patron to another ; but to
reftrain the patron, who poffeffes the right of prefent-
ing at the vacancy, from being influenced^ in the
choice of his prefentee, by a bribe, or benefit to him*

14$ Oaib ^aih/l, Simcny*

ielf. It is the fame diftindioa with that which ob»
tains in a freeholder's vote for his reprefentative in
parliament. The right of voting, that- is the free*
hold, to which the right pertains, may be bought
and fold, as freely as any other property ; but the
exercife of that right, the vote itfdf, may not be pur-
chafed, or influenced by money*

For this purpofe, the law impofes upon the prefen-
tee, who is generally concerned in the fimony, if there
be any, the following oath : " I do fwear, that I have
made nofmoniacal payment, contract, or promife^
dircdly or indireftly, by myfelf, or by any other to
my knowledge, or with my confent, to any perfon or
peifons whatfoevcr, for, or concerning the procure*
ing and obtaining of this eccleiiafticai place, &c. nor
will, at any time hereafter, perform or fatisfy, any
fuch kind of payment, contract or promife, made by
any other without my knowledge or confent: So help
me God, through Jefus Chrift."

It is extraordinary, that Bilhop Gib/on fiiould have
thought this oath to be againft all promifes whatfoev^
cr, when the terms of the oath cxprefsly reftrain it
to Jimoniacal promifes ; and the law alone muft pro-
nounce what promifes, as well as what payments^
and contrads, are fimoniacal, and confequently,
come within the oath ; and what do not fo.

Now the law adjudges to be fimony,

1. All payments, contrads, or promifes, made by
any perfon, for a benefice already vacant. The ad-
vowlon of a void turn, by law cannot be transfer-
red from one patron to another : therefore, if the
void turn be procured by money, it mufl: be by a
pecuniary influence upon the then fubfifting patron
in the choice of his prefentee; which is the Very
praftice the law condemns.

2. A clergyman^s purchafing of the ncict turn of a
benefice /or bimfelfy " direftly or indireftly," that is,
by himfelf, or by another perfon with his money.
It does not appear, that the law prohibits^a clergy-

Oath again/l Simony^ 14^

man from purchafing the perpetuity of a patronage^
more than any other perfon ; but purchafing the per-
petuity, and forthwith felling it again, with a rcf-
crvation of the next turn, and with no other defign
than to poffels himfelf of the next turn, is infraudem
legisy and inconfiftent with the oath.

3. The procuring of a piece of preferment, by
ceding to the patron any rights, or probable rights,
belonging to it. This is fimony of the worft kind ;
for it is not only buying preferment^ but robbing
the fucceiSon to pay for it.

4. Promifes to the patron of a portion of the
profit, of a remiflion of tythes and dues^ or other
advantage out of the produce of the benefice :
which land of compad is a pernicious condefcenfioa
in the clergy^ independent of the oath ; for it tends
to introduce a praifbice which may very foon be-
come general, of giving the revenue of churches to
the lay patrons, and fupplying the duty by indigent
ftipendaries.

5. General bonds of refignation> that is, bonds to
refign upon demand*

I doubt not but that the oath againfl fimony is
binding upon the confciences of thofc who take it,
though I quefi;ion much the expediency of requiring
it. It is Very fit to debar public patrons, fuch as the
king, the lord chancellor, biihops, ecclefiafi:ical corpo-
rations, and the like,from this kind of traffic; becauie,
from them may be expected fome regard to the quali-
fications of the perfons whom they promote. But the
oath lays a fnare for the integrity of the clergy ;
and I do not perceive, that the requiring of it, in
cafes of private patronage, produces any good effect,
fufficient to compenfate for this danger^

Where advowfons arc holdcn along with manors,
or other principal efiates, it would be an eafy regu-
lation to forbid that they fhould ever hereafter b^
feparated ; and would, at leaft, keep chufcb prefer-
ment out of the hands of brokers^

150 Oaths to obferoe Local Stattitet^

Chapter xxi.

OATHS TO OBSERVE LOCAL STATUTES*

Members of colleges in the univerlities,
and of other ancient foundations, are required to
fweat to the obfervancc of their refpedive ftatutes t
which obfervance is become in fome cafes unlawful,
in others impradicable, in others ufelefs, in others
inconvenient.

Unlawful direftions are countermanded by the
authority which made them unlawful.

Impradicable diredions are difpenfed with by the
iieceffity of the cafe.

The only queftion is, how far the members of
thefe focieties may take upon themfelves to judge
of the inionveniency of any particular direftion, and
make that a reafon for laying afide the obfervation
of it.

The ammus imponentis^ which is the meafure of the
juror's duty, feems to be fatisfied, when nothing is
omitted, but what, from fome change in the cir-
cumftances under which it was prefcribed, it may
fairly be prefumed that the founder himfelf would
have difpenfed with.

To bring a cafe within this rule, the inconveniemy
muft,

1. Be manifeft; concerning which there is no
doubt.

2. It muft arife from fome change in the circum-
fiances of the inftitution ; for, let the inconveniency
be what it wiHj if it exifted at the time of the foun-
dation, it muft be prefumed, that the founder did
not deem the avoiding of it of fufficient importance
to alter his plan.

3. The dircAion of the ftatute muft not only be
inconvenient in the general, for fo may the inftitu-

BtAfiripians to Articles tf Religions 1 5 1

tion itfdtf be, but prejudicial to the particular end

Sropofed by the inftitution ; for it is this laft circum*
:ance which proves that the founder would have
dilpeafed with it in purfuance of his own purpofe.
The ftatutes of fome colleges forbid the faking
of any lan^age but Latin, within the walk of the
college ; mreA that a certain number, and not few-
er than that number, be allowed the ufe of an
apartment amongft them ; that fo many hours of
each day be empoyed in public exercifes, ledures^
or difputations j and fome other articles of difci-
pline, adapted to the tender years of the ftudents,
yrho in former times reforted to univerfities. Were
coHeges to retain fuch ruks, nobody now-a-days
would come near them. They are laid aiide, there*
fore, though part« of the fiatutes, and as fuch
indudcd within the oath, not merely becaufe they
are inconvenient, but becaufe there is fufficient rea-
fon to believe, that the founders themfelves would
have difpenfed with them, as fubverlive of their owa
defigns.

ejaqpter xxil

BUBSCRIFnON TO ARTICLES OF RELIGION,

Subscription to Articles of Religion,

though no more than a declaration of the fubicrib*
cr's affent, may properly enough be coniidered in
connexion with the fubie^i of oaths, becaufe it if
governed by the fame rmc of interpretation*

Which rule is the animus inip(mentis.

The inquiry, therefore, concerning fubfcription
will be, avis impofuity et quo ammo*

The biihop who receives thq fubfcription, is not

the impofer, any more than the cryer of a court, whQ

admioifters the oath to the jury and witnefles, is the

perfon that impofes it: nor, coafecuently. is th«

U

15a Suifcrifticru to Articles tf Religion.

private opinion or interpretadon of the bifliop of
any fignification to the fubfcribef , one way or other*

The compilers of the thirty-nine articles are not
to be confidered as thp impofers of fubfcription,
any more than the framer or drawer up of a law is
the perfon that enads it.

The legiflature of the 13 Eliz. is the impofer,
whofe intention the fubfcriber is bound to fatisfy.

They who contend, that nothing lefs can juftify
fubfcription to the thirty-nine articles, than the aftual
belief of each and every feparate propofition con-
tained in them, muft fuppole, that the legiflature
expeAed the Confent of ten thoufand men, and that
in perpetual fuccei&on, not to one controverted
propofition, but to many hundreds. It is difficult
to conceive how this could be expefted by any, who
obferved the incurable diverfity of human opinion
upon all fubjeds Ihort of demonftration.

If the authors of the law did not intend this,
what did they intend ?

They intended to exclude from offices in the churchy

1. All abettors of popery.

2. Anabaptifts, who were at that time a powerful
party on the continent.

3* The Puritans, who were htfftile to an epifcopal
coniHtution ; and, in general, the members of fuch
leading feds or foreign eftablilhments as threatened
to overthrow our own.

Whoever finds himfelf comprehended within
thefe defcriptions, ought not to fubfcribe. Nor can
a fubfcriber to the articles take advantage of any lat-
itude which our rule may feem to allow, who is not
firft convinced that he is truly and fubftantially fatis-
fying the intention of the legiflature.

During the prefent ftate of ecdefiaftical patronage,
in which private individuals are permitted to impofe
teachers upon pariflies, with which they are often
little or not at aU conneded, fome limitation of the
patron's choice may be neccflary, to prevent unedi-
fying contentions between neighbouring teachers^

mils.

^S3

or between the teachers and their rofbeftivc congre-
gations. But this danger, if it exift, may be pro-
vided againft with equal effeft, by converting the
aurtides of faith into articles of peace.

ej)apteir xxiil

WILLS.

1 HE fundamental queftion upon this fubjeft
is, whether Wills are of natural or of adventitious
right ? that is, whether the right of direfting the
difpoiition of property after his death belongs to a
man in a fhit« of nature, and by the law of nature^
or whether it be given him entirely by the pofitivc
regulations of the coyntry he lives in ?

The immediate produce o£ each man^s pcrfonal
labour, as the tools, weapons, and utenfils, which
he manufadures, the tent or hut he builds, and per-i
haps the flocks and herds which he breeds and rears,
are as much his own as the labour was which he
employed upon them, that is, are his property nat-
urally and abfolutely ; and confequently he may
give or leave them to whom he pleafes, there being
nothing to limit the continuance of his right, or to
reftrain the alienation of it.

But every other fpecie? of property, efpecially
property in land, ftands upon a difiereiit foundation.

We have feen in the Chapter upon Property, that,
in a ftate of nature, a man's right to a particular
fpot of ground arifes fronvhis ufing it, and his want*
ing it; confequently ceafes with the ufe and want; fo
that at his death the eftate reverts to the communir
ty, without any regard to the laft owner's will, or
even any preference of his family, farther than as
they become the firft occupiers after him, ai^d fuc-
ceed to the fame want and ufe.

Moreover, as natural rights cannot, like rightf
created by aft of parliament, expire at the eAd of a.

154 '^^^

catain number of jan ; if tlie teftator have a right
by the law of nature^ to dii^fe of his property (ma
moment after his death, he has the fame right to^
direA the difpoiition of it, ibs a. milUon of ages af«
ter him ; which is abfurd.

The andent apprebenfions of sumkind upon the
fubjed were conformable to this account of it : for
wills have been introduced into moft countries by a
pofitive aft of the ftate, as by the laws of Solon into
Greece J by the twelve tablei^kito Romey and that, not
till after a confiderabk progrefs had been nvade in
kgiflation, and in the economy of civil life. Tacitus
relates, that amongft the Germans they were difallow-
ed ; and, what is more remarkable, in this country,
fince the conqueft, lands could not l}e devifed by
will, till within little more than two hundred years
ago, when this privilege was reftored to the fubjied:;
by an aA of parliament m the latter end of the
reign of Henry the Eighth.

No doubt many beneficial purpofes are attained
by extending the owner's power over his property
beyond his life, and beyond his natural right* It
invites to induftry ; it encourages marriage ; it (e-
cures the dutifulnefs and dependency of children*
But a limit muft be aifigned to the duration of this
power. The utmoft extent to which, in any cafe,
entails are allowed by the laws of England to operate,
is during the lives in exiftence at the death of the
teftator, and one and twenty years beyond thefe :
^ter which, there are ways aiKl means of fetting
them afide.

From the confideration that wills are the creatures
of the municipal taw which g^ves them their eiEcacy,
may be deduced a determination of the quefUon,
whether the intention of the teftator in an informal
wiH be binding upon the confcience of thofe^ who,
by operation of law, fucceed to his eftate. By an
informal will, I mean a will void in law, for want of
fome requifite formality, though no doubt be enter-
tained of its meaning or authenticity : as fuppofe a

ma» Hudse k» will, de^Ulifg his freehold t&At to
\m fifkr'sfon, and die will be attefted by two onty^
infiead of three fubloribiag witnefles ; would tto
brother's fon, who is heir »t law to the teffator, be
botttid in confcience to* refign hb daim to thv eftate,
out of deference to his uncle's intention ? Or, ott
the ccmtrary, would not the de^fee nnder the will
be bound, upon difcorery of thb flaw in it, td
fiirrender the efiate, fuppofe he had gained paffisC^
fion of it, to the heir at Ibw ?

Generally fpeaking, the heir at law is not bouit4
by the intention of the teftator. For the intentios
can fignify fictbing, unkft the perfi>n intending
have a right to govern the defcent of the eftate#
That is the firft ^ueftion. Now this right the tef«
tator can only derive 6:0m the law of the land ; boc
the law confers the right upon certain conditimfi^
with which conditions he has not complied. Theret
fore, the teftator can lay no dainfi to the power
which he pretends to exerdfe-, as he hatb not enti^
tied himfelf to the benefit of that law, by virtue of
which alone the eftate ought to atteud Ins di%o£lL
Confequently, the devifee under the will, who, bf
concealing thia flaw in it, keeps pofleffion of the e^-
tate, i& in the fituation of any other perfcn, whd
avails himielf of his neighbour's %norance to detaiil
from him his property. The will is fo much wiafte
paper, from the defed of right in the perfon who
made it. Nor b this catching at an expreflioil of
law to prevent the fubftantial delign of it, for I ap*
prehend it to be the deliberate mind of the le^fla*
ture, that no will ihould take efied upon real efiaresr^
unlefs authenticated in the precife manner which
the ftatute defcribes. Had tefiamentary difpofitions
been founded in any natural right, independent of
poficive conftitutiofifr, I (hould have tboueht differ*
cntly of this queftion. For then I fliouldliave cdil*
fidered the law, rather as refiifing its affiftance td
enforce the right of the deviiee^ than as extingwfh^
kkgi Qt working any alteration in the right itfelf.

ts6 Wills.

And, after all, I (hould choofc to propofe a cafc^
where no confideration of pity to diftrefs, of duty
to a parent, or of gratitude to a benefaftor, inter«
fercd with the general rule of juftice.

The regard due to kindred in the difpofal of oup^
fortune (except the cafe of lineal kindred, which is
difierent) arifes either from the refpeft we owe to
the prefumed intention of the anceftor from whom
we received our fortunes, or from the expeftationa
which we have encouraged* The intention of the
anceftor is prefumed with greater certainty, as well
as entitled to more refpeft, the fewer degrees he ii
removed fromus, which makes the difference in thQ
different degrees of kindred. For inftance, it may be
prefumed to be a father's intention and defire,that the
inheritance which he leaves, after it has ferved the
turn and generation of one fon, fliould remain a pro-
vifion for the families of his other children, equally
related and dear to him as the oldeft. Whoever,
therefore, without caufe gives away his patrimony
from his brother's or lifter's family, is guilty not fo
much of an injury to them, as of ingratitude to his
parent. The deference due from the polftffor of a
lortune to the prefumed defire of his anceftor will al-
fo vary with this circumftance, whether the ancefi
tor earned the fortune by his perfonal induftry, ac-
quired it by accidental fucceffes, or only tranfmitted
the inheritance which he received.

Where a man's fortune is acquired by himfelf, and
he has done nothing to excite expeftation, but rather
has refrained from thofe particular attentions which
tend to cherifh expectation, he is perfeftly difengaged
from the force of the above reafons, and at liberty to
leave his fortune to his friends, to charitable or public
purpofes, or to whom he will ; the fame blood, prox*.
imity of blood, and the like, are merely modes of
fpeech, implying nothing real, nor any obligation of
themfelves.

There is always, however, a reafon for providing
for our poor relations, in preference to others wha

m^y be equally necelfitous, which is, that if we do
not, no one elfe will : mankind, by an eftablifhed
confent, leaving the reduced branches of good fami-
lies to the bounty of their wealthy alliances.

The not making a will is a very culpable omiffion,
where it is attended with the following effeds:
where it leaves daughters or younger children at the
mercy of the oldeft fon ; where it diftrioutes a per-*
fonal fortune equally amongft the children, although
there be no equality in their exigences or fituations ;
where it leaves an opening for Utigation ; or laftly^
and principally, where it defrauds creditors : for by a
defed; in our laws, which has been long and ftrange-
ly overlooked, real eftates are not fubjed to the pay-
ment of debts by Ample contrad, unlefs made fo by
will ; although credit is in £id; generally given to the
pofleflion of fuch eftates. He, therefore, who neg«>
ie£b to make the neceflary appointments for the
payment of his debts, as far as his effects extend, fins,
a9 It has been juftly faid, in his grave ; and, if he omxXi
this on purpofe to defeat the demands of his credit-
ors, he dies with a deliberate fraud in his heart.

Anciently, when any one died without a will, the
biihop of the diocefe took pofleilion of his perfonal
fortune, in order to difpofe of it for the benefit of
hb foul, that is, to pious or charitable ufes. It be-
came neceflary, therefore, that the bifiiop fliould be
fatisfied of the authenticity of the will, when there
was any, before he refigned the right which he had
to take pofieflion of the dead man's fortune, in cafe
of intefbtcy. In this way, wills, and controverfies
relating to wills, came within the cognizance of ec-
defiaftical courts ; under the jurifdiccion of which,
wills of perfonals (the only wills that were made
formerly) ftill continue, though, in truth, no more
now-a-days conneded with religion, than any other
infiruments of conveyance. This is a peculiarity in
the Englifli law.

Succefiion to intejiates muft be reflated by pofitive
rules of law, there being no principle of natural juf-

fice 5;viiereby to ascertain the proportion of the dif»
fercnt daicnaAts ; aet to inention that the claim it-
felf, e^eciaUy of collateral kindred, ieetns to have lit-
•tie foundation in the law of nature. Tliefe regula-
tions ihould be guided by the duty and prefum^ in-
donation pf the deceafed, fo far as thefe considerations
can be confulted by general rules. The ftatutes of
Charles the Second, commonly cafled the ftatutes of
diftribution, which adopt the rule of the Roman law
ki the diftribution of perfcm^s, are fufficiently equtt-
able. They affign<kie third to the widow, and two
diirds to t^ cluldren ; in cafe of no children, one
hdilE to the widow, and the other half to the next of
kin ( where neither widow nor lineal defcendants
Jiirvive, the whole to the next of kin, and to be
cquatiy divided amoogft kindred of equal degrees ;
without diftinftion of whole blood and half blood,
or of confanguinity by the father's or mother's fide.

The defcent of real eftates, of houfes, that is, and
land, having been fettled in more remote and in
ruder times, is left reafonable. There never can be
DMich to complain of in a rule, which every perfon
may avoid by €o eafy a provifion as that of making
his will ; otherwise, our law in this refpeft is charge-
able with ibme flagrant abfurdities ; fuch as, that an
eflate (hall in no Mrife go to the brother or fitter of
the half blood, though it came to the deccafed froni
the common parent ; that it fiiall go to the remoteft
relation the inteftate has in the world, rather than to
his own father or mother, or even be forfeited for
want of an heir, though both parents furvive ; that
the moft diftant paternal relation ihould be preferred
to an uncle or own coufin by the mother's fide, not-
withHanding the efiate was purchafed and acquired
hf the inteftate himfdf.

Land not being (b di^fible as money, may be a rea-
fon for making a difference in the coiirfe of inherit-
ance ; but there ought to be no difference but what
is founded upon that reafon. The Roman law mad«
nooe.

BOOK III.

tSiUaUvc Sl)aiu4,

PART II.

OF RELATIVE DUTIES WHICH ARE INDE.
TERMINATE.

I

CHARITY,

USE thi term Charity neither in the com«

mon fenfe of bounty to the poor, nor in St. FatJir%

. fenfe of benevolence to all manldnd, but I apply it at

prefcnt, in a fenfe more commodious to my purpofe,

to fignify the promoting the happinefs of our inferiors.

Charity in this fente I take to be the principal prov*
incc of virtue and religion : for whilfl worldly
prudence will direft our behaviour towards our fupe-
riors, and politeneis towards our e<}uals, there is littl^
befide the confederation of duty, or an habitual hu*
manity, which comes into the place of confideratiooi
to produce a proper condu£( towards thofe who are
beneath us, and dependent vpon us.

There arc three principal methods of promoting
the happinefs of our inferiors.

I. By the trea^tment of our domeiUcs and depeod*
ants.
a. By profeffional affiftange,
3, By pecuniary bounty.

W

i^Q ^fO^git^iiU 4f JOiMiti/Uc$%

C|>8pttt M.

CHARITY

TREATMENT OF OVK IXadESIICS AND DEPEND-
ANTS.

A PARTTxrf friends fetting out together up.
on a journey, foon find it to be the beft for all fides,
tlut; wtiQe they are upon t3ie road,oiieof ihejcalttpany
fhould wait upon tlie reft^ aootlier ride forward to
feek out lodging and entertainment ; a third carry the
portmanteau; a^ejwth tdbe efattge^ the horfes ; a
fifth bear the purfe, conduct and direct the rout:
not forgetting, however^ that ^ they were equal and
independent when they fct out, fo they are all to
return to a level again at their journey's end. The
fame regard and refpcft ; the fame forbearance,
lenity, and referve in ufing their iervioe ; the
iame mildnefs in delivering commands ; <he i^me
ftndy to make their journey comfortable and pleafant^
which he, whofe lot it was to direct the reft, would
in common decency think himfdf bound to obfervc
towards them ; ought we to Ihew to thofe, who, in
the cafiing of the parts of humaji fociety, ha|)pen td
be^aced wthin our power, or to depend upon us.

Another refleftion of a like tendency with the form-
er, is, that our obligation to them Is much greater
than theirs to us. It is a miftake to fuppo^^ tliat
the rich man maintains his fervantSj tradefmen, ten-
arts, and labourers : the truth is, they maintain hioi*
It is their induftty. which fupplies his table, furniflies
his wardrobe, builds hishoufes, adorns his equips^e,
provides his amufements. It is not the eftate, but
die Ubour employed upon it, that pays his rent.
All that he does is to diftribute what others produce ;
which is the leaft part of the buiinefs.

Nor do I perceive any foundation for an opinion,
which is often handed round in genteel company,

Slaverf. x6i

that good uiage is thrown away upon low and or-
dinary minds ; that they are infcofiblc of kindiitfs,
and incapable of gratitude. If by ^^ low aad ordina-
ry minds*' are. meant the minds of men in low and
ordinary ftations, they feem to be affeAed by benefits
ia the fame way that all others are, and to be no left
ready to requite them : and it would be a very unac-
countable law of nature if it were otherwife.

Whatever uneafinefs we occafion to our domeftics,
which neither promotes our fervice, nor anfwers the
iuft ends of punifhment, is manifeftly wronjf ; were
It only upon the general principle of diminiming the '
fixm of human happiness.

By which rule we are forbidden,

I. To enjoin unneceiTary labour or confineineiiC^
from the mere love and wanlooneis of domination.

3. To infuk our fervaats by harfli, firorafol, ov
oppiobf kms language.

3. To reftife them any hartnleis pleafures.

And by the fame principle are alfb forbidden caiife«i
leia or immoderate anger, habitual peerifimefa^ and
groumlie& fuipkioQ.

SLAVERY.

The prohibittens of the la«ft Chapter extend
to die treatment of flavea, being founded upon 2^
pcijiciple independent of the contraft between nii£.
ters aad iervants.

I define flavery to be ** an obligation to labour for
the benefit of the mafter, without the contraft or
conleBt of the fervant.''

This obUgation may arifc^ confiftently with the lav
of nature, from three caufe^ :

%. From crimed,
a. From captivity.
3. From debt.

]h the firft cafe, tbe continuance of the flavery, as
of any other punifhment, ought to be proportioned
to the crime ; in the fecond and third cafes, it ou^ht
to^ ceafe, as foon as the demand of the injured nation
or private creditor is fatisfied.

The flave-trade upon the coaft of Africa is not ex-
cufed by thefe principles. When flaves in that coun-*
try are brought to market, no queftions, I believe^
are afked about the origin or juftice of the vendor's
title. It may be prefumed, therefore, that this tide is
not always, if it be ever, founded in any of the cau£>
es above afligned.

But defed of right in the firft purchafe is the leaft
crime, with which this traffic b chargeable. The
natives are excited to war and mutual depredation,
for the fake of fupplying their contrads, or furniih-
ing the market with flaves. With this the wicked-
nefs begins. The flaves, torn away from parents^
wives, children, from their friends and companions,
their fields and flocks, their home and country, arc
tranfported to the European fettlements in America,
with no other accommodation on flupboard, than
what is provided for brutes. This is the fecond
ftage of cruelty, from which the miferable exiles are
delivered, only to be placed, and that for life, infub-
jedion to a dominion and fyftem of laws, the moil
mercilefs and tyrannical that ever were tolerated
upon the face of the earth : and from all that can be
learned by the accounts of the people upon the fpot,
the inordinate authority, which the plantation laws
confer upon the flave-holder, is exercifed, by the
EngHjb flave-holder, efpecially, with rigour and bru-
tality.

But necejjiiy is pretended ; the name under yhich
every enormity is attempted to be juftified* ^And,

Slavery. 163

after all, what is the neceflity? It has never been
proved that the land could not be cultivated there^
as it is here, by hired fervants. It is faid that it
could not be cultivated with <)uite the fame conve*
niency and cheapnefs, as by the labour of {laves : by
which means, a pound of fugar, which the planter
now fells for fixpence could not be afforded under
fixpence halfpenny^— and this is the neceffity /

The ereat revolution which has taken place in
the Wcftern World may probably conduce (and who
knows but that it was defigned ?) to accelerate the
fall of this abominable tyranny : and now that this
conteft, and the paffions which attend it, are no
more, there may fucceed perhaps a feafon for refleft-
ing, whether a legiflature, which had fo long lent
its aflifiance to the fupport of an inftitution replete
with human mifery, was fit to be trufted with an
empire, the mofi extenfive that ever obtained in any
age or quarter of the world.

Slavery was a part of the civil conftitution of moft
countries, when Chriftianity appeared ; yet no pat
fage is to be found in the Chriftian fcriptures, by
which it is condemned or prohibited. This is true ;
for Chriftianity, foliciting iadmiffion into all nations
of the world, abftained, as behoved it, from inter-
meddling with the civil inftitutions of any. But
does it follow, from the filence of fcripture concern-
ing them, that all the civil inftitutions which then
prevailed, were right ? or that the bad fliould not
be exchanged for better ?

Befide this, the difcharging of flaves from all ob-
ligation to obey their matters, which is the confc-
quence of pronouncing flavery to be unlawful,
would have had no better effecl, than to let loofc
one half of mankind upon tlie other. Slaves would
have been tempted to embrace a religion, which
afferted their right to freedom- * Matters would
hardly have been perfuaded to confent to claims
founded upon fuch authority. The moft calamitous

I A| ProfeJiomU JJt/lance.

cf a& cfmtsRsj a beMumJiroikj migbt probably lkV9%
esfned^ to the reproach, if bo€ the extiadioa of the
Cbrifttan name.

The truth is, the emancipation of ftaves ftould btf
- gradual; and be carried on by provi&ms of law,
and under the protedioA of civil go^emnvenn
Chriftianity can only operate as ai^ alteratiTe. By
the mild dtffufion of its light and influence^ the
ninds of men are infenfibly prepared to perceive and
correA the enormities, which foBy, or wickedneis, or
accident, have introduced into their public eftabfifii^
Sdents. In this way the Greek and Roman flavery,
and fince thefe the feudal* tyranny, has declined before
it And we truft that, as the knowledge and author-
ity of the fame reKgion advance in the worW, they
will baniih what remains of this odious iofiitutio&<

Cfmpter iv.

CHARITY.
PROFESSIONAL ASSISTANCE.

1 HIS kind of beneficence is chiefly to be eac-
pef^ed from members of the legiflature, magiftratcsj^
inedical, legal, and facerdotal profefficMis.

I. The ore of the poor ought to be the prindp^
object of all laws, for this plain reafon, that the rich
are able to take care of thcmfelves.

Much has been, and more might be done, by the
laws of this country, towards the relief of the impo-
tent, and the protection and encouragement of the
induftrious poor. Whoever applies himfelf to coUeft
obfervations upon tbe ftate and operation of the poor
laws, and to contrive remedies for the impcrfedlion*
and abufes which he oljferves, and digefts thefe reme-
dies into acts of parliament, and conduds them by

tr^naent or infloence dhrough the two bMiiches of
tbe legiflatore, or communicate his ideas to tfaofe^
wlao are HK>re likely to carry them into effed ; <ie«
iervfcs well of a dafs 9f the <oininuDity fo numerous^
that their ha{i|Hne{s forms a principal part of tV^
whcde. The ftudy and a^ivity thus employed n
chanty, in the moft meritorious fenfe of the wcx*d;
fl. The application of parochial relief is entruficd
in the firil inftance to overfecrs and contra^ors, who
have aninter^ft in oppoiition to that of the poor, in«
afixnich as whatever they allow them comes in part
oat of their own pocket. For this realoB^ the law
iias depofited with juftices. of the peace, a power of
fuperintendence and control ; and the judicious in-
terpofition of this power is a moft useful exertion of
charity, aadofttimes within the a^Iity of thofe, wh(i
have no ' other way of ferving their generation* A
country i^entleman of very moderate education, and
who has attle to fpare from his fortune, by learning
fo much of the poor law as is to be found in Dr.
'Burn's 'Jujtlce^ and by furnilhing himfelf with a
J&nowledge of the prices of labour and proviQon, fb
as to be able to eftimate the exigences of a famSy,
and what is to be expected from their induflary, may,
in this way, place out the one talent committed to
him to great account.

3. Of all private profeflions, that of medicine puts
it in a man^s power to do the moft good at the kaft
expenfe. Health, which is precious to all, is to the
poor invaluable ; and their complaints, as agues,
rheumatifms, &c. are often fuch as yield to n^dicine.
And with refpeft to th^ expenfe, drugs at firft hand
coft little, and advice cofts notlung, where it is only
beftowed upon thofe who could not afford to pay
for it.

4. The rights of the poor are not fo important or
intricate as tneir contentions are violent and ruinous.
A Lawyer or Attorney, of tolerable knowledge in
his profeflion, has commonly judgment enough to

i66 Profeffionat AJft/ianci.

adjuft thefe difputes, ixdth all the effect, and without
the expenfe, of a law-fuit ; and he may be (aid to
pw a poor man twenty pounds, who prevents his
throwing it away upon law. A legal man, whether
of the profeflion or not, who, together with a fpirit
of conciliation, pofleifes the confidence of his neigh-
bourhood, will be much jreforted to for this purpofe,
cfpecially fince the great increafe of cofts has produc*
cd a general dread of goinj? to law.

Nor is this line of beneficence confined to arbitra*
Hon. Seafonable counfel, cominc^ with the weight
which the reputation of the advifer gives it, will of-
ten keep or extricate the rafli andumnformedout of
great difficulties.

Lafily, I know not a more exalted charity than
that which prefents a (hidd agsdnft the rapacity or
perfecution of a tyrant.

5. Betwixt argument and authority (I mean that
authority which flows from voluntary refpedl, and
attends upon fanftity and difinterellednefs of charac-
ter) fomething may be done amongft the lower or-
ders of mankind, towards the regulation of their
conduct, and the fatisfadion ot their thoughts.
This office belongs to the minifters of religion ; or
rather whoever undertakes it becomes a minifter of
religion. The inferior clergy, who are nearly upon
a level with the common fort of their parifhioners,
and who on that account gain an eafier admiffion to
their fociety and confidence, have in this refpeft
more in their power than their fuperiors : the dif-
creet ufe of this power conftitutes one of the moll
refpeftable fundions of human nature.

B$cuniary Bounty. iSy

CHARITY.

PECUNIARY BOIWTY.

I. The obligation to hejlw) reli^upon ibefwr.

II. The manner of befiowing it.

ni. The pretences by which men excufe themf elves from it.

L Tie obligation to beflw) relitf upon tbepoon

1 H£T who rank pity amongft the ori^nai
impulfes of our nature, rightly contend, that, when
this principle prompts us to the relief of human mif«
cry. It indicates the divine intention, and our duty*
Indeed the fame concluiion is deducible from the ez«
iftence of the paflion, whatever account be given of
its origin. Whether it be an inlUn<5t or a habit, it
is in iz6t a property of our nature, which God ap-
pointed : and the final caufe,for which it was appoint-
ed, is to afford to the miferable, in the compaflion
of their fellow-creatures, a remedy for thofe inequal-
ities and diflreffes whidi God foreiaw that many
muft be expofed to, under every general rule for
the diftribution of property.

Befide this, the poor have a claim founded in the
law of nature, which may be thus explained. All
things were originally common. No one being able
to produce a charter from heaven, liad any better
title to a particular pofleflion than his next neigh-
bour. There were reafons for mankind's agreemg
upon a reparation of this common fund ; and God
for thefe reafons is prefumed to have ratified it»
But this reparation was made and confented to, upon
the expedation and condition, that every one fhould
have left a fufficiency for his fubfiflence, or the
means of procuring it : and as no fixed laws for tho
regulation of property can be fo contrived, as to
provide for the relief of every cafe and difirefs which
X

x65 Pecuniary Bounty.

luay arife, thefe cafes and diftrefles, when their right
and fliare in the common ftock wa& given up or taken
from them, were fuppofed to be left to the voluntary
bounty of thofe, who might be acquainted with the
exigencies of their iituation^ and in the way of at
fording affiftancc. And therefore, when the parti-
tion ot property is rigidly maintained againu the
claims of indigence and diftrefs, it is maintained in
oppoiition to the intention of thofe who nude it, and
to bis J who is the Supreme Proprietor of evei^ thing,
and who has filled the world with pknteoufnels for the
fuftentation and comfort of all whom he fends into it.
' The Chriftian fcriptures are more copious and ex-
plicit upon this duty than upon almou any other.
The dcfcription which Chrift hath left us of the pro-
ceedings of the laft day, eftablilhes the obligation of
bounty, beyond controverfy. " When the Son of
Man ihaU come in his glory, and all the holy angela.
with him, then ihall he fit upon the throne of his glo-
ry, and before him ihall be gathered all nations ;
and he fliall feparatc them one irom another. — ^Then
&all the Kin^ fay unto them on his right hand.
Come, ye blefled of my Father, inherit the kingdom

Prepared for you from the foundation of the world ;
or I was an hungered, and ye gave me meat : I was
thirfty, and ye gave me drink : I was a ftranger, and
ye took me in : naked, and ye clothed me : I was
fick, and ye vifited me : I was in prifon, and ye came
unto me. — And inafmuch as ye have done it to one of
the leaft of thefe my brethren, ye have done it unto
me.*'*^ It is not ncceflkry to underftand this paffage
as a literal account of what will aftually pafs on that
day. Suppofing it only a fcenical defcription of the
rules and principles, by which the Supreme Arbiter
of our deftiny will regulate his decifions, it conveys
the fame lem)n to us; it equally demonftrates, of
how great value and importance thefe duties in the
fight of God are, and what ftrefi will be laid upon
them. The Apoffles alfo defcribe this virtue as pro-

* Mfttth. zxT. 3<.

fecuniary Bduniy. t(f$

Intvatittg the divine fsivcttr in an eminent degree.
And tbefe recommendations have produced their
eflfeft. It does not a|^>ear that, before the times of
Chriftianity, an infirmary, hofpttal, or public chari<»
ty of any kind, exifled in the world ; whereas moft
countries in Chriftendom have long abounded with
thcfe infiitutions. To which may be added, that a
fpirit of private liberality fecms to flotitiih amidft tlife
decay of many other' virtues : not to mention the
legal provilion for the poc^, which obtains in thiA
country, and which was unknown and unthought of
ty the moft humanizbd nations of antiquity.

St. Paul adds upon the fubjeft an excellent direct-
tion ; 9nd which is pradicabie by all who have any
thing to give. " Upon the firft day of the week
(or any other ftated time) let every one of you lay
l3y in (tore, as God hath profpcred him." By which
I underftand St. Paul to recommend what is the ve^
tj thing wanting with moft men, the being charitabk
upon a plan / that is, from a deliberate comparifon of
our fortunes with the reafon^ble expenfes and ex«*
pcdation of pur families, to compute what we can
Ipare, and to lay by fo much for charitable purpofes
in ibme mode Or other. The mode will m a con*
^deration afterwards.

. The effect which Chrifttanity produced upon fome
of its firft converts, was. fuch as might be looked i6r
^om a divine religion coming with full force Und
miraculous evidence upon the cdnfciences of man^
kind. It ovecwhdmed a^ worldly confiderationav
in-the expedation of a m<»:e important extftcncd
^' And the multitude of them that believed were of
one heart and of one foul ; ndther faid any of thttti.
that ought of the thinga which be poffcffcd vhs hk
own ; but they had aU thinea in common.— Neither
was there any among them that lacked ; for as many
m$ were pofleffora of lands ot houfes ibid them, and
tu'oaght the prices of the things thad were fold, and
Jadd uiem down at the Apoftlciir feet y and diAcibtt-

If* Peeunuttj Bwntf.

tion was made uAto erery mm aceordtng^ 14 ii^ iiii4
need," Afts, iv, ^%.

Neverthdefs, this community of goods, howc^i^er
It manifefted the ^ncere s^eal of the primitiYc Ghrif-
tians, is no precedent for our imitation* It was
confined to the church at Jerufalem ; coatinued not
long there ; wias never enjoined upon any (A£^, v.
4) ; and although it m^ht fuit with the particulai?
drcumftances of a (mau ^nd feleft fodety, is alto-r
getheir impraAicable in a large aQd mixed commu-
.nity.

The condu6); of the Apoftlofii upon the occaiioa
defqfves to be qo^ced. llicir fcdlowcrs lai4 down
their fortunes at th^r feet : but fo far* were they
£rp,in taking advantage of this unlimited confidence
to epfich themfelves^ or efliabUfh their own author^
ity, that they foon after ^ot rid of this bufineis, as
inconiiftent with the main objed of their miflion,
and transferred the cuflody and management of th$
public fund, to deacous, elected to th9,t pffice by th?
people at large. (A£^$ vi.)

' II. The manner of bejhwii^ bwrtty^-^ror the diffifrent
kinds of charity^

' Every queftion between the cKfferent kinds of
charity fuppofes the fum bellowed to be the ikme»
There are three kinds of charity which prefer a
diim to attention.

. The firfl, and in my judgment^ one of the beft, is
to give ftated andconfiderable fiims, by way of p^fi-
.:fion or annuity to individuals or families, with ymofe
behaviour and diftrefs we ourfelves are acquainted.
When I fpeak of eon/lderable £ums^ I mean only, that
'five p<mnds, op any other fum, ^en at once, or di>
•vided amonfl;ft five or fewer families, wili do more
good than the fame fum diftributed amongft a great-
er number in (hillings or half crowns ; and that,
hecaufe it is more likely to be properly applied by
the perfons who receive it. A poor fellow, who can
find no better ufe f or a (hilling than to drink Kit

feeufiarj tkmoj. tjx

beaefiiftqr^s hcdth, and pnrcbafe balf an hour'a n*
creation for him&lf, would hardly break into a goia-
fz for any fuch purpofe, or be fo improvident, as
not to ky it by for an oocafion of importance, e.g^
for his rent, ius clothing, foel, or ftock of winter's
proin£on. It is a ftiU greater recommendation of
this kind of charity, that penfions and annuities,
which are paid regularly, and can be expefted at the
time, are tne only way by which we can prevent
one part of the p^o^ man's fufierings, the dread of
want.

2. But as this kind of charity fuppofiss that proper
objeds of fuch expenfive benefai&ions fall within our
private knowledge and obfervation, which does not
liajppen to all, a fecond method of doing good, which
is in every one's power who has the mqney to fpare,
is by fubfcription to public charities. Public chari-
ties admit of this argument in their favour, that
your money goes farther towards attaining the end
for which it is given, than it can do by any private
^uid feparate beneficence. A guinea, for example^
f ontributed to an infii^nary, becomes the means of
providing one patient at leaft with a phyfidan, fur-
ceon, apothecary, with medicine, diet, lodging, and
foitable attendance ; which is not the tenth part of
what the iaine afliftance, if it could be procured at all,
would coft to a fick perfon or family in any other fitn-
^tion.

3* The laft, and, compaised with the former, the
loweft exertion of benevolence, is in the relief of beg-
gars. Neverthelefs, I by no means approve the in-
4ifcriminate rejedion of all who implore our alms in
this v^y . Some may periih by fuch a condud. Men
are fometimes overtaken by diftrefs, for which all
jOther relief would come too late. Befide which, re£^
plutions of this kind compel us to offer fuch violence
to our humanity, as may to near, in a little while,
to fuffocate the principle itfclf ; which is a very feri-
«Ous confideration. A good man, if he do not fur-

leader hitrifdf to his feelings wichoot referve, "viH
^t leaft lend an ear to importunities, which come ao
companied with outwani atteftations of diftrefs;;
and after a patient audience of the complaint, will
direct himfelf, not fo much by any previous rcfoluw
tidn which he may have formed upon the fubjeft,
as by the circumftances and credibility of the ao
count that he receives.

There are other Xpecies of charity well contrived
to make the money expended go far ; fuch as keep-
ing down the price of fuel or provifion, in cafe of
ft monopoly or temporary fcarcity, by purchafing
the artides at the beft market, and retailing them at
prime coil, or at a fmall lo& ; or the adding of ft
bounty to particular foecies of labour, when the price
is accidentally depreiied.

The proprietors of large eftates have it in their
power to facilitate the mamtainance, and thereby t^
encourage the eftabliihment of families (which is one
of the nobleil purpofes to which the rich and great
can convert their endeavours) by building cottages^
ijplitting farms, ereding manufadur(^3, cultivating
wafles, embanking the fea, draining mar(hes,andother
expedients, which the fituation of each eftate pointi
out. If the profits of tliefe undertakings do not rc^
pay the expenfe, let the authors of therm place the
difference to the account of charity. It is true of
almoft all fuch projects, that the public is a gainer
by them whatever the owner be. And where the
loi5 can be fpared, this coniideration is fufficient.

It is become a queftion of fome importince, under
what circumftances works of charity ought to be
done in private, and when they may be made public
without detrafting from the merit of the a&ion, if
indeed they ever may ; the Author of our religioft
having delivered a rule upon this fubjeck which feema
to enjoin univerfal fecrccy ; " When thou doeft ahn9»
let not thy left hand know what thy right hand doth ;
that thy alms may be in fecret, and thy Father whidi

Pecuniary Bounty. tj%

feeth in fecrct, himfelf fliall reward thee opcnljr."
(Matt. vi. 3, 4.) From the preamble to this prohibit
tion I think it, however, plain, that our Saviour's
fole defign was to forbid ojientaiion^ and all publiih-
ing of good works which proceed from that motive,
** Tsic need that ye do not your alms before men, /#
befeen of tbem ; otherwife ye have no reward of your
Father which is in heaven : therefore, when thou
doeft thine alms, do not found a trumpet before thee,
as the hypocrites do, in the fynagogues and in the
ftreets, that they may have glory of men. Verily I fay
tmto thee, they have their reward/' v. 2. ITiere
are motives for the doing our alms in public befide
thofe of q/lentation ; with which therefore our Sa-
viour's rule has no concern : fuch as to teftify our
approbation of fome particular fpecies of charity,
and to recommend it to others ; to take off the pre-
judice, which the want, or, which is the fame thing,
the fuppreffion of our name in the lift of contributors
might excite againft the charity, or againft ourfelvcs.
And, fo long as thefe motives are free from any mix-
ture of vanity, they are in no danger of invading
our Saviour's prohibition : they rather feem to com-
ply with another diredion which he has left us :
** \^ct your light fo fhine before men, that they may
fee your good works, and glorify your Father which
is in heaven/* If it be neceffary to propofe a precife
diftinftion upon the fubjcft, I can think of none bet-
ter than the following. When our bounty is beyond
our fortune or ftation, that is, when it is more
than could be expeftcd from us, our charity fhould
be private, if privacy be pracHcablc : when it is not
more than might be expefted, it may be public : for
we cannot hope to influence others to the imitation
of extraordinary generofity, and therefore want, iu
the former cafe, the only juftifiablc reafon for mak-
ing it public.

Having thus defcribed feveral different exertions
of charity, it-may not be improper to t^ikc notice pf

1 J4 herniary Bounty.

a fpecie^ of liberality, which is not chatthf 2n ihf
&nfe of the word : I mean the giving 6f entertain*^
mehts or liquor, for the idkt of popmarity ; or thd
rewarding, treating, and maintaining the compan-
ions of otnr diverfions, as hunters, fhootets, fifherd,
and the like. I do tiot f:(y that this is criminal ; I
only fay that it is not charity ; and that ^e are not
to fuppofcf, beeattfe We give^ and give to the /^r, that
it Wl ftand in the place, orr fuperfede the obligation,
of more meritorious and difltiterefted bounty.

ni. The pretences by which men excufe tbemfelva frem
giving fo the poor.

1. " Th*^ they have nothing to fparc,'^ i. c. noth-
ing for which they have not provided fome other
ufe ; nothing which their plan of expenfe, together
with the iavings they have f efolved to lay by, will
not exhauft : never refleding whether it be in their
fowery or that it is their duty to retrench their ex-
penfes, and contraft their plan, ^^ that they may have
to give to them that need ;'* or rather that this
ought to have been part of their pbn originally.

2. ^^ That they have families oi their own, and that
charity begins at hdme/' The extent of this plea
will be confidered, when we come to explain thc^
duty of parents.

3. ^^ That charity does not conlift in giving mon«
ey, but in benevolence, philanthropy, love to all
mankind, goodneis of heart, &c.'' Hear St. James«
^^ If a brother or fifter be naked, and ddUtute of
daily food, and one of you fay unto them. Depart
in peace, be ye warmed and filled, notwithftanding ye
give them not tbofe things which are needful to the body^
what doth it profit ?** (James ii. 15, 16.)

4. ^^ That eivinK to the poor is not mentioned in
St. Paul's delcription of charity, in the thirteenth
chapter of his firft EpiiUe to the Corinthians." This
is not a defcription of charity, but of good-nature ;
and it is not necefiary that every duty be mention*
c^ in every place.

Pectnuioy Bounty^ ijj

5. " That tbcy pay the poor rates/* They might
u well allege that they pay their debts ; for the
poor have the fame right to that portion of a man's
property, which the laws aflign to them, that the
man himfelf has to the remainder.

6. " That they employ many poor perfons :*'—
for their own fake, not the poor^s i otherwife it is a
good plea.

7. " That the poor do not fuflFer fo much as w^
imagine ; that education and habit have reconciled
them to the evils of their condition, and make them
cafy under it/* Habit can never reconcile human
nature to the extremities of cold, hunger, and thirft,
any more than it can reconcile the hand to the
tduch of a red-hot iron : befides, the quefiion is not,
how unhappy any one is, but how much more hap-
py we can make him.

8. " That thefe people, give them what you will;
will never thank you, or think of you for it/* In
the fdrft place, this is not true : in the fecond place,
it was not for the fake of their thanks that you re^
licved them.

9. " That we are liable to be impofed upon/* If
a due inquiry be made, our merit is the fame : be-
fide that, the diftrefs is generally real, althpugh the
caufe be untruly fiated.

10. "That they (hould apply to their pariflies/'
This is not always pradicable : to which we may
add, that there are many requifites to a comfortable
fubfiftence, which parifli relief does not fupply ; and
that there are fome, who would fuffer almoft as
much frotn receiving pariih relief, as by the want
of it; and laftly, that there are many modes of
charity, to which this anfwer does? not relate at alh

n. " That giving money encourages idlenefs
and vagrancy.** This is true only of injudicious
and indifcriminate generofity.

12. *' That we have too many objefts of charity
at home, to beftow any thing upon firangers ; or

y ' •

176 Refentmenf. — ^ng€F*

that there are other charities, which are more ufe-
fol, or ftand in greater need/* The value of this
escufe depends entirely upon thtfaSl^ whether we
adually reliere thofe Betghbouring objeds, and con«
tribute to thofe other charities.
• Befide all thefe excufes, pride, or prudery, or
deKcacy, or love oi eafe» keep one half of the world
out of the way of obferving what the other half
fufftr.

C]^apter vi.

RESENTMENT.

Resentment may be diftinguilhed into
anger and revenge.

By anger ^ I mean the pain we fufifer upon the rc^
ccipt of an injury or affront, with the tifual cScGt%
of that pain upon ourfelves.

By revepgej the infli^ing of pain upon the perfbn
who has injured or emended us, farther than the
- juft ends of puniihment or reparation require.

Anger prompts to revenge ; but it is poflible to
fufpend the eflFecl, when we cannot altogether cjuell
the principle. We are bound alfo to endeavour to
qualify and correft the principle itfelf. So that our
duty requires two different applications of the mind;
and, for that reafon, anger and revenge may be con-
iidered feparately.

Chapter vii-

ANGER.

" jCjE ye angry and fin not ;*' therefore all an-
ger is not finfiil: I fuppofe, becaufe fome degree of it,
and upon fome occafions, is inevitable.

. • k becemes finful, or contradids^ however, the rule
of fcripturc, when it is conceived upon flight and in-
adequate provocations^ and when it continues long.

I.. When it is conceived upon flight provocations;
for, '* charity fufFereth long, is not eafily provoked."
^ Let every man be flow to anger.** Peace, long
luffering, gentlenef*s, meeknefe, are enumerated
among the truits of the Spirit, Gal. v. 22. and com?
pofe the true Chriflian temper, as to this article of
duty.

2* When it continues lona; ; for, " let not the
fungo down upon your wrath.**

Thefe precepts, and all reafoning indeed upon
the futjeft, fuppofe the paflion of anger to be with-
in'our power : and this power confifls not fo much
in any faculty we poffefs of appeafing our wrath at
tie time (for we are paffive under the finart which
an injury or affront occaiions, and all we Can then
do is to prevent its breaking out into a&ion) as in
fo mollifying our minds by habits of jull reflection,
as to be leis irritated by impreflions of injury, and
to be fooner pacified,

Refledions proper for this purpofe, and which
may be called xhQ/edatives of anger, are the follow-
ing : the poflibility of miftaking the motives from
which the condud that ofiends us {>rocecded ; how
often ^ur offences have been the effeft of inadver-
tency, when they were conftrued into indications of
malice ; the indticement which prompted our adr
verfary to aft as he did, and how powerfully the
fame inducement has, at one time or other, operated
upon ourfelves ; that he is fuffering perhaps under
a contrition, which he ^ s^fliamed, or wants oppor-
tunity, to confefs ; and hpw ungenerous it is to tri-
umph by coldnefs or infult oveif a fpirit already hum^
bled in lecret ; that the returns of kindnefs are fweet,
and that there is neither honour, nor virtue, nor
ufe in refilling them — for fome perfons think then^
felves bound to cherifli and keep alive their indig-

178 Jh^er*

nation, when they find it dying away of itfelf. We?
may remember that others have their paffions, their
prejudices, their favourite aims, their fears, their
cautions, their interefts, their fudden impullies, thdr
varieties of apprehenfion, as well as we : we may
fecolleA what hath fometimes pafled in our own

^ minds, when we have got on the wrong fide of a

* quarrel, and imagine the fame to be pamng in our
adverfary's mind now; when we become fcnfiblc of
our mifbehaviour, what palliations we perceived in
It, and expefted others to perceive : how we were
affefted by the kindnefs, and felt the fuperiority of
a generous reception and ready forgiveneis ; how
perfecution revived our fpirits with our enmity, and

' feemed to juftify the conduft in ourfelves, which
we before blamed. Add to this, the indecency of
extravagant anger ; how it renders us, whilft it
!afts, the fcorn and fport of all about us, of which
it leaves us, when it ceafes, fenfible and afhamed ;
the inconveniences, and irretrievable mifconduft
into which our irafcibility has fometimes betrayed
us ; the friendfhips it has loft us ; the difirefies and
embarraflments in which we have been involved by
it ; and the fore repentance which on one account
or other it always cofts us.

But the refleftion calculated above all others to al-
lay the haughtinefs of temper which is ever finding
out provocations, and which renders anger fo impetu-
ous, is that which the gofpel propofes ; namely, that

. we ourfelves are, or ihortly fliall be, fuppliants for
mercy and pardon at the judgment feat of God*
Imagine our fecret fins dilcloled and broujght to
light ; imagine us thus humbled and expofed ; trem-
bling under the hand of God ; calling ourfelves on
his compaflion ; crying out for mercy : imagine fuch
a creature to talk of fatisfaftion and revenge ; refuf-
ing to be entreated, difdaining to forgive ; extreme
-to mark and to refcnt what is done amifs ; imagine

Revenge. 179

\ fiy this, and you din hardly feign to yourfdf an
inftance of more iminous and unnatural arrogance.
• The point is to habituate ourfehrcs to thefe reflec-
tions, till they rife up of their own accord when they
are wanted, diat is, inftantly upon the receipt of ai|
injury or afiront, and with tuch force and colouring,
as both to naitigate the parosrifms of our anger at the
time, and at length to produce an alteration in the
temper and difpofition itfelf.

Chapter viii.

REVENGE.

All pain occafioned to another in confe-

Sence of an offence, or injury received from him,
ther than what is cailculated to procure repara-
tion, or promote the juft ends of puniihment, is fo
much revenge.

There can be no difficulty in knowing when wc
occafion pain to another ; nor much in diflinguifh-
ing whether we do fo, with a view only to the ends
of punifhment, or from tevenge ; for in the one
cafe we proceed with reludance, in the other with
pleafure.

It is highly probable from the light of nature, that
a pailion, which feeks its gratification immediately
and exprefsly in giving pain, is difagreeable to the
benevolent will and counfels of the Creator. Oth-
er paffions and pleafures may, and often do, pro-
duce pain to fome one ; but then pain is not, as it
is here, the objeft of the paffion, and the direft
caufe of the pleafure. This probability is converted
into certainty, if we give credit to the authority
which dilated the feveral paffages of the Chriftian
^ fcriptures that condemn revenge, or, what is the
fame thing, which enjoin forgivenels.

i8o R^mff^

We wiU fet down the principal of the£e paflages t
and endeavour to colled from them, what condua
upon the whole is allowed towards an enemy, and
what is forbidden.

** If ye forgive men their trefpaffes, your heaven-?
!y Father wiU alfo forgive you ; but if ye forgive
not men their trefpanes, neither will your Fauier
forgive your trefpaffes/* " And his lord was wroth,
and delivered him to the tormentors, till he Ihould
pay all that was due unto him : fo likewife ihall my
heavenly Father do alfo unto you, if ye from your
hearts forgive not every one his brother their tref-
paffes." " Put on bowels of meycy, kindnefs, hum-
bknefs of mind, mceknefs, long ftlffering, forbear-
ing one another, forgiving one another ; if any man
have a quarrel againft any, even as Cfcrift forgave
you, fo alfo do ye/* " Be patient towards aU men;
fee that none render evil K)r evil unto any man/*
** Avenge not yourfdvcs, but rather give place unto
wrath : for it is written, Vengeance is mme^ I wiH
repay, faith the Lord. Therefore, if thine enemy
hunger, feed him ; if he thirft, rive him drink ; for.
In fo doing, thou (halt heap coals of fire on his head.
Be not overcome of evil, but overcome evil witJ^
good/**

I think it evident, from fome erf thefe paffages;
taken feparately, and ftill more fo from all of them
together, that revenge^ as defcribed in the beginning
of this Chapter, is forbidden in every degree, under
all forms, and upon every occafion. We are like-
wife forbidden to refufe to an enemy even the moli
imperfeft ri^ht ; " if he hunger, feed him ; if he
thirft, give him drink,**t which are examples of im-
perfeft rights. If one who has offended us, folicit

• Matth. Vi. 14, 15. xviii. 34, 35; Col. iii. 14, 13. Thcflt ▼. 14, 15-
Rqm. xii. 19, 30, 4X.

f See alfo Exodus xxiii. 4. <* If thou meet thine enemy's ox, or hit afs, go-
ing aftray, thou flialt furely bring it back to liim again : if thou fee the afs of
Ixim tliat hateth thee lying under his burden, and wcmldft forbear to help hfrii>
thou lliah fureiy help with him/'

fUvenge* tSt

from BS a rote to which his qualifications entitle
him, wc may not refufe it from motives of refent-*
ment, or the remembrance of what we have fuffered
ftt his hands. His right, and our obligation which
follows the right, are not altered by his enmity to u*^
or by ours to him.

On the other hand, I do not conceive, that the&
prohibitions were intended to interfere with the
punifliment or profccution of public offenders. In
the eighteenth chapter of St. Matthew, our Saviour
tcfls his difciples, ** K thy brother who has trefpafied
dgainft thee ncgledl to hear the church, let him be un-
unto thee as an heathen man, and a publican.*' Imme*
btely after this, when St. Peter afked him, " How^
oft mail my brother fin againft me, and I forgive
him ? till feven times ?" Chrift replied, " I fay not
untQ thw until feven times, but until fcventy times
feven ;'* that is, as often as he repeats the offence.
From thefe two adjoining paffages compared togeth-
er, wc are authorized to conclude that the forgive-
ndfs of an enemy is not inconfiftent with the pro-
ceeding againft him as a public offender ; and that
the dKfcipline eftablMhed in religious or civil focieties,
Fpr the rcftraint or punifhment of criminals, ought
to be upheld.

If the magiftrate be not tied down by thefe prohU
intions from the execution of his office, neither is
the profecutor ; for the office of the profccutor is as
neceffary as that of the magiftrate.

Nor, by parity of reafon, are private perfons with-
held from the correftion of vice, when it is in their
power to exerdfe it } provided they be affured that
it is the guik which provokes them, and not the in^
jury ; and that their motives are pur« from all mix-
ture and every particle of that fpirit which delights
and triumphs in the humiliation of an adverfary. '

Thus, it is no breach of Chriftian charity, to with*
draw our company or civility when the lame tends
to difeountenance any vicioiis prft^ice« Thog is* ^nc

l8i Rwenge^

branch of that extrajudicial difcipline, which fuppHes
the defeds and the remifihefs of law ; and is expreff-
Ijr authorized by- St. Paul (i Cor. v. ii.) "But
now I have written unto you, not to keep conipany,
|f any man, that is called a brother be a fornicator,
or covetous, or an idolater, or a railer, or a drunk-
ard, or an extortioner ; with fuch an one no not to
eat." The ufe of this aflbciation againfi: vice cantin-
lies to be experienced in one remarkable inftance,
and might be extended with good eSed to others.
The confederacy amongfr women of charader, to.ex«
dude from their fociety kept miftrefles and profti-
tutes, contributes more perhaps to difcourage that
condition of life, and prevents greater numbers from
entering into it, than all the coniiderations of pru«
dence and religion put together.

We are likewife allowed to praclice fo much cau-
tion, as not to put ourfelves in the way of injury,
or invite the repetition of it. If a fervant or tradef*
man has cheated us, we are not bound to truft him
again ; for this is to encourage him in his diflipneft
pradices, which is doing him much harm.

Where a benefit can be conferred only upon one
er few, and the choice of the perfon, upon whom it is
conferred, is a proper objed of favour, we are at lib-
erty to prefer thofe who have not offended us to tho{e
who have: the contrary being no where* required^

Chrift, who, as hath been wefldemonftrated,* efti-
mated virtues by their folid utility, and not by their
falhion or popularity, prefers this of the forgivenefs
of injuries to every other. He enjoins it oftener j
with more earneftnefs ; under a greater variety of
forms ; and with this weighty and peculiar circum-
fiance, that the forgivenefs of others is the condition
upon which alone we are to expeA, or even alk,
from God, forgivenefs for ourfelves. And this pref-
erence is juflihed by the fuperior importance of the

^ * SecaVaew of die lotciaal Bvideace of t^e ChriOiMi Relikgioai

Duelling. 183

virtue itfetfl The feuds and animofities In familieg
and between neighbours, which difturb the inter-
i:ourfe of human life, and colledively compofc half
the mifcry of it, have their foundation in the want
^of a forgiving temper ; and can never ceafe, but by
the exerdfe of this virtue, on one ilde, or on botht

Chapter ix.

DUELLING,

IjUELLING as a punifhinent is abfttf d ; be*
caufe it is an equal chance, whether the puniibment
fall upon the offender, or the perfon offended. Nor i$
it much better as a reparation ; it being dii&cult tQ
explain in what the fatufdSlion coniifls, or how it
tends to undo the injury, or to afibrd a compenfatioA
for the damage already fuftained.

The truth is, it is not coniidered as either. A law
of honour having annealed the imputation of coward-
ice to patience under an afiront, challenges are given
and accepted with no other deiign than to prevent or
wipe off this fufpicion; without malice againil the
^^verfary, generally without a wiiQt to deftroy him,
or any other concern than to preferve the duellift's
own reputation and reception in the world.

The unreafonablenefe pf this ruk of manners is
one confideration j the duty and conduft pf ipdivid*
uals, whilft iuc!h a rule exifls, is another.

As to which, the proper ax>d iingle quefiion is this,
whether a regard for our own reputation is or is not
iujSicient to juftify the taking away the life of an^
-other ?

Murder is forbidden ; and whipcever human life
is deliberately taken away, otherwife than by public
authority, there is murder. The value and fecurity

184 Duelling.

of human life make this rule neceffary ; for Tdo not
fee what other idea or definition of murder can be
admitted, which will not let in fo much private vio-
lence, as to render fociety a fcene of peril and blood-
filed. ^ , ^

If unauthorized laws of honour be allowed to ere- ^■
ate exceptions to divine prohibitions, there is an end
of all morality as founded in the will of the Peity ;
and the obligation of every duty may at one time or
other be dilcharged by the caprice and fluftuations
of fafhion.

" But a fenfe of fhame is fo mudi torture ; ^and
no relief prefents itfelf otherwife than by an attempt
upon the life of our adverfary/* What then ? Tne
diftrefs which men fuflFer by the want of money is
oftentimes extreme, and no refource can be difcover*
cd but that of removing a life, which ftands between
the diftreffed perfon and his inheritance. The mo-
tive in this cafe is as urgent, and the means much
the fame, as in the former : yet this cafe finds no ad-
vocate.

Take away the circumftance of the duellift's expof-
ine his own life, and it becomes aflaffination : add
this circumftance, and what diflFerence does it make ?
None fcut this, that fewer perhaps will imitate the
example, and human life will be fomewhat more
fafe, when it cannot be attacked without equal dan-
ger to the aggreffor*s own. Experience, however,
proves that there is fortitude enough in moft nien to
undertake this hazard j and were it otherwife, the ^
defence, at beft, would be only that which a high- '
wayman or houfebreaker might plead, whofe attempt
had been fo daring and defperate, that few were
likely to repeat the fame.

In expoftulating with the duellift I all along fup-
pofe his adverfary to fall. Which fuppofition I am
at liberty to make, becaufe, if he have no right to
kill his adverfary, he bas none to attempt it*

Duelling. 185

In return, I forbear from appMng to the cafe of
duelling the Chriftian principle of the forgivenefs of
injuries ; becaufe it is poffible to fuppofe the injury
to be forgiven, and the duellift to ad entirely from a
concern toi his own reputation : where this is not
the cafe, the guilt of duelling is manifeft, and is
greater, ^

In this' view it feems unneceffary to diftinguilh be-
tween him who gives, and him who accepts a chal-
lenge : for, on the one hand, they incur an equal
hazard of deftroying life ; and, on the other, both
ad '^V^^ the fame perfuaiion, that what they do is
neceuary, in order to re<pover or preferve the good
opinion of the world.

Public opinion is not eafily controlled by civil in-
ftitutlons : for which reafon I queftion whether any
regulations can be contrived of fufficient force to
fupprefs or change the rule of honour, which fiigma*
tizes all fcruples about duelling with the reproach of
cowardice.

The infufficiency of the redrefs which the law of
the land affords, for thofe injuries which chiefly a£r
feft a man in his fenfibllity and reputation, tempts
many to redrefs themfelves. Profecutions for fuch
. offences, by the trifling damages that a^c recovered,
ferve only to make the fufferer pior^ ridiculous
This ought to be remedied.

For the army, where the point of honour is culti-
vated with exquiflte attention and refinement, J
vould eftablifli a Court of Honour j with a power of
awarding thofe fubmiiIion6 and acknowledgments^
which it is generally the purpofe of a challenge to
obtain ; and it might grow into a fafhion, with per-
fons of ra^nkof all profeflions, to refer their quarrels
to this tribunal.

' Duelling, as the law now (lands, can feldom be
overtaken by legal punifhment. The challenge,^ ap-
pointment, and other previous circumftances, which
indicate the intention with which the combatants

tt6 Lii'^t'm.

tnet, being Aippreffed, nothing appears t6 a court of
luftice, but the a<%ual rencounter. And if a perfon
oe flain when a<^ally fightina; with his adverfaryt
the law deemd his death nothing mori than man-
daughter.

LITIGATION.

iP it be poffible live peaceably with all men /*
which precept contains an indireft confeifion that
this is not always poffible*

The inftances* in the fifth chapter of St. Matthew
ftre rather to be underftood as proverbial methodswof
defcribing the general duties of forgiveneis and be-
nevolence, and the temper which we ought to aim at
acquiring, than as direftions to be fpecincally obferv-
.cd ; or of ihemfclves of any great importance to be
, obferved. The firft of thefe is, " If thine enemy
fmite thee on thy right cheek, turn to him the other
alfo ;** yet, when one of the officers ftruck Jefus with
the palm of his hand, we find Jefus rebuking him
for the outrage with becoming indignation : " If I
have fpoken evil, bear witneis of the evil ; but if
well, why fmiteft thou me?" (John xviii. a a.) It
may be obferved likewife, that the feveral examples
are drawn from inftances of fmall and tolerable inju-
ries. A rule which forbade all oppolition to injury^
tor- defence ag^nft it, could have no other cffeft^
than to put tne good in fubjeAion to the bad^ and
deliver one half of mankind to the depredation of
the other half : which muft be the cafe, fo long as
fome considered then^elves as bound by fuch a rule,

• «• Whoibrvtt fhall TiBitc thcc On ehy right cheek, tura to him the «hcr
ftHb $ and if Miy man will fue thee at the laW, and take away thy c6at, 1 A
him have thy cloak tifo ; and whofoercr ftoll compel that to go a mik» g»
WiUi him twain.**

wluUb othen defpifed it. St. Fkul, t)K>ug^ no one
inculcated forgivenefk smd forbearance wiui a deeper

» fenfe of the value and obli^tion of thefe virtues,
did not interpret either of them to require an unre-
iifiing fubmiflion to every contumely, or a negleft

^ of the means of fafet^ and felf-defence* He took
refuge in the laws of his country, and in the privi-

' leges tf a Roman citizen, from the confpiiacy of the
yews J (A&s XXV. II.) and from the danddftine vi-
olence of the chief capuin. (Ads xxii. 25.) And
yet this is'the fame Apoftle who reproved the liti^«
oufnefs of his Corinthian converts with fo much iever-
ity. ^^ Now, therefore, there is utterly a £iult among
you, becaufe ye gd to law one with another ; why
do je not rather take wrong ? why do ye not rather
fuflfer yourfelves to be defrauded ?'*

On the one hand, therefore, Chriftianity excludes
bU vindidi^ motives, and all frivolous caufes of
profecution ; fo that where thje injury is (mall, where

^ no good purpofe of public example isanfwered, where
forbearance is pqt likely to invite a repetition of the
injury, or where the expenfe of an adion becomes a

» punimment toofevere for the offence; there the

, Chriftian is withholden fay the authority of his rdig-
ion from going to law*^ '.

X On the other hand, a law-fuit is inconfiftent with
no rule Of the Gofpd, when it is inddtuted,

I. For theieftabliihing of fomc important right-

a. For the ^procuring a compenfation for fome
coniiderablc damage.

3. For the preventing lof future injury.

But fince it is fuppofed to be undertaken (imply
, with a view to the ends of juftice and fafcty , the pro-
fecutor of the adion is bound to confine himfelt to
the cheapeflprocefs which will accompliih thefe ends,
as well as to confent to any peaceable expedient for
the fame purpofe ; as to ^ reference^ in which the ar-'
faitrators can do, what the law cannot, divide the

1 88 ^ LiftgattM.

damage, when the fault is mutual ; or to a compound^
ing of the difpute^ by accepting a compenfation in the
gfTofe, without entering into articles and items^ which -
it is often very difficult to adjuft feparately.

As to the reft, the duty of the contending parties
may be exprefled in the following direftions : - f

Not by appeals to prolong a fuit againft your own
conviftion.

Not to undertake or defend a fuit againft a poor
adverfary, or render h more dilatory or. expenfivc
than neceffary, with a hope of intimidating or weary-
ing him out by the expenfe.

Not to influence evidence by authority or expefta-
tion.

Nor to ftifle any in your pofleffion, although it .
make againft you.

Hitherto we have treated of civil aftions. In
criminal profecutions the private injury fhould b^
forgotten, and the profecutor proi:eed with the fame
temper, and upon the fame motives, as the magis-
trate ; the one being a neceflary minifter of juftice
as well as the other, and both bound to direft their
condud: by a difpaffionate care of the public welfare. ^'

In whatever degree the punifhment of an oflFendqr .*
is conducive, or his efcap© dangerous, to the intereft t
of the community, in the fame degree is the p*rty
againft whom the crime was committed bound to
profecute, becaufe fuch profecutions mijft in their na-
ture originate from the fufferer, '

Therefore, great public crimes, as robberies, for-
geries, and the like, ought not to be fpared, from an
apprehenfion of trouble or expenfe in carrying on
the profccution, from falfe fhame, or mifplaced com-
paffion.

There are many pfFences, fuch as nuifances, neg-p
left of public roads, foreftalling, engroffing, fmug^
gling, labbath-breaking, profanenefs, drunkennefs,
proftitution, the keeping of lewd or diforderly houfp
ca, the writing, publilhing, or expoling to fale lafciv*

'p Gratitude*, 189

ions books or piAures, with fome others, the i»*ofe^
cution of which being of equal concern to the whole
neighbourhood, cannot be charged as a peculiar ob-
ligation upon any.

Neverxhelefs, there is grfeat merit in the perfon
who undertakes fuch profecutions upon proper mo-
tives ; which amounts to the fame thing.

The charafter of an informer is in this country un-
defervedly odious. But where any public advantage
is likely to be attained by informations, or other ac-
tivity in promoting the execution of the laws, a good
man will defpife a prejudice founded in no juft rea-
fon, or will acquit himfelf of the imputation of
■interefted defigns by giving away his (hare of the
penalty.

On the other hand, profecutions for the fake of
the rew^ird or for the gratification of private enmi-
ty, where the offence produces no- public mifchief,
, or where it arifes from ignorance? or inadvertency^
are reprobated under the general defcription of ap'
plying a rule of law to a purpofefor which it was not /^-t
tended* Under which defcription may be ranked an
officious revival of the laws againfl popiih prieils,and
diffenting teachers.

Chapter XL ^ •

GRATITUDE.

XLX AMPLES of ingratitude check and difcouf i^
age voluntary beneficence : and in this the mifchief
of ingratitude confifts. Nor is the mifchief fmall j for
after all is done that can be done, towards provide
inff for the public happinefs, by prefcribing rules of
juttice, and enforcing the obfervat;ion of them by
penalties or compulfion, much muft be left to thofe
offices of kindnefs, which men remain at liberty t«

^9o ^ ^Gratitude. ''

exert or withhold. Now not only the choice of the
objeAs, but the quantity and even the exiftence of
this fort of kindne& in the "o^prid, depends, in a
^eat meafurcy upon the return which it receives ;
and this is a confideration of general importance. «

A fecond rcafon for cultivating a grateful temper
in ourfelves is the following. The fame principle,
which is touched with the kindnefs of a human bene-
faAor, is capable of being affeded by the divine good-
nefs, and of becoming, under the influence of that'
afiedion, a fource of the pureft and moft exalted
virtue. The love of God is the ful>Kmeft gratitude. '
It is a miftake, therefore, to imagine that this virtue
b "omitted in the Chriilian {criptures ; for evcfy'
precept, which commands us '* to love God, becaufe
he firft loved us,^^ prefuppofes the principle of grati-
tude, and direfts it to its proper ODJe<^. ,

It is impoffible to particularize the fcveral expref-
fions of gratitude, in as much as they vary with the •
charader and Jituation of thp benefador, and witli
fhe opportunities of the perfon obliged ^ which va«
riety admits of no bounds.

It may be obferved^ however, that gratitude can
pevef oblige a man to* do what is wrong, and what
by confeqlience he is^previoufly obliged not to do.
It is no ingratitude to refufe to do, what we cannot «.
resoncpe to any apprehenfions of our duty ; but it
is ihgratkudc and, hypocrify together, to pretend ,
this reaft>n, when it is 90t the realpne : and the fre-
quency of fuch pretences has brought this apology
for non-compliance with the will of a bene£atdor in*
to unmerited difgrace.

It has long been accounted a violation of delicacy
and gencrofity to upbraid men with the favours they
have received ; but it argues a total defUtution of
both.thefe qualities, as well as of moral probity, tp
take advantage of that afcendency, which the con-
ferring of benefits juftly creates, to draw or drive
thofe whom we have obliged into mean or difhoneit
compliances.

Slander. igx

Chapter xil

SLANDER.

Speaking is aaing, both in phUofophical
ftriAnefs, and as to all moral purpofes ; for, if the
ixiifchief and motive of our condudl be the fame,
the means which we ufe make no difference.

And this is in effedt what our Saviour declares.
Matt, xii. 37. " By thy words thou flialt be juftified,
and by thy words thou Ihalt be condemned :'* by
thy words, as well, that is, as by thy actions ; the
one Ihall be taken into the account as well as the
other, for they both poffefs the fame property of vo^
untarily producing good or evil.

Slander may be diftinguifhed into two kind$,
malicious flander, and inconfiderate flander.

Malicious flander, is the relating of either truth or
falfehood, for the purpofe of creating mifery.

I acknowledge that the truth or fauehood of what
is related varies the degree of guilt confiderably j
and that flander, in the ordinary acceptation of the
term, fignifies the circulation* of mifchievous falfe-^
hoods : but truth may be made inftrumental to the
fuccefs of malicious defigns as well as falfehood ; and
if the end be bad, the means cannot be innocent.

I think the idea of flander ought to be confined
to the produftion oi gratuitous mifchicf. When we
have an end or intereft of our own to ferve, if wc
attempt to compafs it by falfehood, it 1% fraud; if by
a publication of the truth, it is not without fome ad-
ditional circumftance of breach of promife, betraying
of confidence, or the like, to be deemed criminal.

Sometimes the pain is intended for the perfon to
whom we are fpeaking ; at other times an enmity i$
to be gratified by the prejudice or difcjuiet of a tlur(l

A A

194 Slstiderk

t

perfon. To infufe fufpicions, to kindle or continue
difputes, to avert the favour and efteem of benefac*
tors from their dependants, to render fome one
whom we diflike contemptible or obnoxious in the
public opinion, are all offices of flander ; of which
the guilt muft be meafiired by the intenfity and ex-
tent of the mifery produced.

The difguifes under which flander is conveyed^
whether in a whifper, with injundions of fecrecy,
by way of caution, or with afEeAcd reludance, are
all fo many aggravations of the ofience, as they indi-
cate more ddiberation and defign.

Iruonftderate flander is a different offence, although
the fame mifchief anally follow, and although tne
mifchief mi^ht have been forefeen. The not being
confcious. ot that defign, which we have hitherto at-
tributed to the flanderer, makes the difference.

llie guilt here confifts in the want of that regard
to the confequences of our conduct, which a juft af-
fe£Uon for human happinels, and concern tor our
duty, would not have tailed to have produced in us.
And it is no anfwer to this crimination to lay, that
we entertained no evil dejign. A ferVant may be a
very bad fervant, and yet feldom or never d^gn to
a£t in oppofition to his mailer's intereft or will ; and
his matter may juftly punifii fuch a fervant for a
thoughtleflheis and neglect nearly as prejudicial as de-
liberate difobedience. I accufe you not, he may fay,
of any exprefs intention to hurt me ; but had not
the fear of my difpleafure, the care of my intereft,
and indeed all the qualities which conftitute the merit
of a good fervant, been wanting in you, they would
not only have excluded every direct purpofe of giv-
ing me uneafinefs, but have been fo far prefent to
your thoughts, as to have checked that unguarded
licentioufnefs, by which I have fuffcred fo much,
and infpired you in its place with an habitual folici^
tude about the effefts and tendency of what you did
orfaid. ^ This very much refcmblcs the cafe of all

fins of inconilderation ; and, amongft the foremoft
of thcfe, that of inconfiderate flaiider.

Information communicated for the real purpofe
of warning, or cautioning, is not flander,

Indifcriminate praife is the oppofite of flander,
but it is the oppofite extreme ^ .and, however it
may affed: to be thought excels of candour, is com-
monly the effufion. o( a frivolous underftanding,
or proceeds froA a fettled cofitempt of all moral
iUftin£Ux)ns«

BOOK III.

t^^lati^^e S)idlc4.

PART ill.

OF RELATIVE DUTIES WHICH RESULT

FROM THE CONSTITUTION OF

THE SEXES.

X HE conftitution of the iexes is the foun-
dation of marriage.

Collateral to the fubjeA of marriage, are fornica->
tion, fedudiOD, adultery, inceft, polygamy, divorce.

Confequential to marriage, is the relation and re«
ciprocal duty of parent and child.

We will treat of thefe fubjeds in the following
order : firft, of the public uie of marriage inftitu*
tions ; fecondly, of the fubjeds collateral to mar«
riage, in the order in which we have here propofed
them ; thirdly, of marriage itfelf ; and lafily, of the
' relation and reciprocal duties of parents and children.

OF THE PUBLIC USE OF MARRIAGE IN-
STITUTIONS.

The public ufe of marriage infiitutions con-
fifts in dieir promoting the foUowing beneficial
effe&s :

1. The private comfort of individuals, cfpeciallf
of the female fex. It may be true, that all are not
interefted in this reafon : neverthelefs, it is a reafon
to all for abfiaining from any condud which tends
in its general confequence to obftruft marriage ; for
whatever jiromotes the happiness of the majority is
binding upon the whole.

«. The produ6Kon of the greateft number of
jiealthy children, their better education, and the
making of due provifion for their fettlement in life.

3. The peace of human fociety, in cutting oflf a
principal iource of contention, by afligping one ot
more women to one man, and protecting his exclu-
five right by fanftions of morality and law,

4* The better government of fociety, by diftribut-
ing the community into feparate families, and ap
pointing over each the authority of a mafler of a
family, which has more adual influence than all civ*
il authority put together*

5* The iame end, in the additional fecurity which
the ftate receives for the eood behaviour of its citi^
zens, from the foUdtude they feel for the welfare of
their children, and from their being confined to per«
punent habitations,

6. The encouragement of induftry.

Some ancient nations appear to have been more
fenfible of the importance of marriage inftitutioni
than we are. The Spartans obliged their citizens t#
marry by penalties, and the Romans encouraged
theirs by Hxcjus trium Uberorum. A man who had
no child was entitled by the Roman law only to one
half of any legacy that fhould be left him, that is,
at the moft, could only receive one half of the tefia-
tor's fortune.

FORNICATION.

1 HE firft and great mifchief, and hj coafet
quence the guilt, of promifcuous concobinage, con^
^b in it» tendency to dimiiiifli marriagts^ and tliere*^
by to defeat the iev^ral beneficial purpofes enumcratt-
fd in the preceding Chapter. "

Promifcuous conc;ubii^ge difcourages marriage by
abating the chief temptation to it. The male part
of the fpecies will not undertake the incumbrance^
expenfe, and reftraint of married life, if they caa
gratify their pafllons at a cheaper price : and they
will undertake any thipg, rather than not Ratify
them.

• The reader will learn to x:omprehend the magni^
tude of this mifchief, by attending to the importance
and variety of the ufes to which marriage is fubfer-
Tient ; -and by rccolle&ing withal, that the msdignity
and moral quality of each crime ia not to be eibmaf-
cd by the particiUar effe£k of one ofience, 6t of on^
perfon's offending, bu( by the general tendency and
confequence of crimes of the fame nature. The Ii1>>
ertine may not be confdous that thefe irregularities
hinder his own marriage, from which he is deterred,
iie may allege, by dtlerent confiderations ; much
IdGi does he perceive how bis indulgences can hinder
other men from marrying : but what will he fay
would he the confequence, if the lame licentioul-
nefs were univerfal ? or what Ihould hinder its b^
ccmiiog univerfal, if it be innocent or aUowable in
him?

2. Fornication fiippofes profiitution ; and proftk
tution brings and leaves the vidims of it to almoft
certain mifery. It is no fmall quantity of mifery in
the aggregate, which, between want, cUfeafe, and in-
fult, IS fuflcred by thofe outcafts of human fociety^

formcathii0 197

who infeft populous cities ; the whole of which is %
general amfequeme of fbrnication^ and to the iucreafe
and continuance of which, every act and inilance o£
jfornication contributes.

3. Fornication produces habits of ungovernable
lewdneisy which introduce the more aggravated
crimes of fedudion, adultery. Violation, &c.* Like-
wife^ however it be accounted for, the criminal com-*
merce of the Hexes corrupts and depraves the mind
and moral charader more tham any fingle fpccies of
vice whatfocver. That ready perception of guilt,
that prompt and dedfive refolution againft it, which
confiitutes a virtuous charafter, is feldom found in
perfons addided to thcfe indulgences. They prepare
an eafy admiiSon for every fin that feeks it ; are, in
low life, ufually the firft ftage in men's progrefs to
the moft defperate villanies ; and, in high life, to that
lamented difiblutenefs of principle, which manifefis
itfdf in a profligacy of public conduct, and a contempt
of the obligations of religion and of moral probity*
Add to this, that habits of libertinifm incapacitate
andiiidifpofe the mind for all intelledual, moral, and
religious pleafures ; which is a great lofs to any man's
happine(s«

4. Fornication perpetuates a difeafe, which may
be accounted one of the foreft maladies of human na*
ture ; and the effeds of which are faid to vifit the
conftitution of even diftant generations.

The paiCon being natural proves that it was in*
tended to be gratified ; but under what reftrictions,
or whether without any, muft be colleded from dif-
ferent confiderations.

The Chriilian fcriptures condemn fornication ab*
folutely and peremptorily. "Out of the heart,"
fays our Saviour, ^* proceed evil thoughts, murders,
adulteries, fornication^ thefts, £ilfe witne^, blafphe*

* Of thi« paflioa it h«s been tnily^ Taid, " that irregularity hks no limits )
tliat one excefs draws on another ; that the moft tafy, therefore, as well ad
the moft Mc^Ucat nwy oi bc^f »virti;^M,«i> to bc'f) entirely/*- -O^den,
Stmon xTiu

xpS Fornication^

mies; thefe are the things which defile a man/^
Thefe are Chrift> own words ; and one word from
him upon the fubjed: is final. It may be obferved
with what fociety fornication is clafled ; with mur-
dersy thefts, falfe wilneis, blafphemies. I do not
mean that thefe crimes are all equal, becaufe they
are all mentioned together ; but it proves that they
are all crimes* The Apoftles are more full upon
this topic One well-known paflage in the Epjftle to
the Hebrews may ftand in the place of all others ;
becaufe, admitting the authority by which the Apof-
tles of Chrifl fpake and wrote, it is decifive : ** Mar-
riage and the bed undefiled is honourable amongft
all men, but whore-mongers and adulterers God
will judge ;'' which was a great deal to fay, at a
time when it was not agreed even amongft philofo-
phers themfelves that fornication was a crime.

The fcriptures give no fandion to thofe aufterities,
which have been fince impofed upon the world un-
der the name of Chrift's religion, as the celibacy of
the clergy, the praife of perpetual virginity, the
prohibltio conciibitib cum gravidd uxore ; but, with a
jufi knowledge of, and regard to the condition and
interefl of the human fpecies, have provided, in the
marriage of one man with one woman, an adequate
gratification for the propenfities of their nature, and
Have re/iri^ed them to that gratification.

The avowed toleration, and in fome countries the
licenfing, taxing, and regulating of public brothels,
has appeared to the people an authorizing of fornica^
tion ; and has contributed, with other caufes, fo far to
vitiate the public opinion, that there is no pra6dce
of which the immorality is fo little thought of or
acknowlcdged,although there are few, in which it can
more plainly be made out. The lesiilators who have
patronized receptacles of proilitution ought to have
forefeen this effeft, as well as confidered, that what-
ever facilitates fornication diminiihes marriages.
And a3 to the ufual apology for this relaxed difciplinet

Rrnicationi 199

the danger of greater cnbrnlities if acccfs to profti-
tutes were too ftriftly watched and prohibited, it
'will be time enough to look to that, when the laws
and the magiftrates have done their utmoft. The
greateft vigilance of both will do no more, than op-
pofe fome bounds and fome difficnlties to this inter*
courfe. And, after all, thefe pretended fears arc
without foundation in experience. The men are
in all refpeds the moft virtuous, in countries where
the women .are moftchafte.

There is a fpecies of cohabitation, diftinguifhable^
po doubt, from vagrant concubinage, and which, by
reafon of its refemblance to marriage, may be thought
to participate of the fanftity and innocence of that
efiate ; I mean the cafe oikept mijirejfesj under the fa-
vourable circumfbnce of mutual fidelity. This cafe
I h^ve heard defended by fome fuch apology as
the f(^owing :

" That the marriage rite being different in differ-
ent countries, and in the fame country amongft dif-
ferent feds, and with fome fcarce any thing ; and»
moreover, not being prefcribed or even mentioned
in fcripture, can be accounted of only as of a fornji
and ceremony of human invention: that, confequent-
ly, if a man and woman betroth and confine Xhem^
felves to each other, their intercourfe mufl: be the
fame, as to all moral pui'pofes, as if they were legally
married : for the addition or omiifion of that which
is a mere form and ceremony, can make no differ-
ence in the fight of God, or in the adual nature of
right and wrong.*'

To all which it may be replied,

t. If the fituation of the parties be the fame thing
as marriage, why do they not marry ?

2. If the man choofe to have it in his power to
.di&diis the woman at his pleafure, or to retain her in
a fiate of humiliation and dependence inconfiflent
with the rights which marriage would confer upon
her, it is not the ivxi^ thing.
Bb

ioo Formtaficn^

It is not at any rate the £iine thln^ to the children^

Again, as to the marria^ rite being a mere form^
and that alfo variable, the fame may be faid of
figning and fealing, of bonds, wills, deeds of convey-
ance, and the like, which yet make a great differenca
in the rights and oUigations of th^ parties concern^
ed in them.

And with refped to the rite not being appointed
in fcripture-^the fcriptnres forbid fornication, that
is, cohabitation without marriage, leaving it to tht
law of each country to pronounce what is, or what
makes, a marriage ; in like manner as they forbid
thefts, that is, the taking away of another's property^
leaving it to the municipal law to fix what makeil
the thing property, or whofe it is, which alfo, aa
Well as marriage, depends upon arbitrary and mu«
table forms.

Laying afide the injunftions of fcripture, th^
plain account of the queftion feems to be this : It is
immoral, becaufe it is pernicious, that men and wo-«
men fliould cohabit, without undertaking certain ir-
revocable obligations, and mutually conferring cer«
tain civil rights ; if,' therefore, the law has annexed
thefe rights and obligations to certain forms, fo that
they cannot be fecured or undertaken by any other
itieans, which is the cafe here (for whatever the
parties may promife to each other, nothing but the
marriage ceremony can make their promite irrevo*
cable) It becomes in the fame degree immoral, that
men and women fliould cohabit Avithout the inter*
poiition of thefe forms.

If fornication be criminal, all thofe incentives
which lead to it are acceffaries to the crime, as lai^
civious converfation, whether exprelfed in bbfcene
or difguifed under modeft phrafes ; aUb wanton
fongs, pidures, books ; the writing, publifhing, and
circulating of which, . whether out of frolic, or for
fome pitlml profit, is produ^ive of fo extenfive a

SediditM* do I

ifiifduef from io mean a temptation, that few crimes,
within the reach of private wickednefs, have more
to anfwer for, or lefs to plead in their excufe.

Indecent converfation, and by parity of reafon all
the reft, are forbidden by St. Paul, Eph. iv. 29..
•'Let no corrupt communication proceed out o£
your mouth :" And agun, Col. iii. S. ** Put oflF-*i
filthy communication out of your mouth.'*

The invitation, or voluntary admiilion, of impure
thoughts, or the fuffering them to get poflefiion of
the imagination, falls within the fame defcription,
and is condemned by Chriji^ Matt. v. 28. " Whofo-
ever looketh on a woman to luft after her, hath
committed adultery with her already in his heart.*'
Cbriji^ by thus enjoining a regulation of the thoughts,
Ikrikes at the root of the evil.

sees

C|)aptet HI.

SEDUCTION.

1 HEy^JtfrfT praftifes the iame ftratagems to
draw a woman's perfon into his power, that zfwin^
dler does, to get poffeflion of your goods, or money ;
yet the law rfbmottr^ which abhors deceit, applauds
the addrels of a fuccxfiful intrigue : £b much is this
capriciou& rule guided by aames, and with fuch &•
dlity does it accommodate itfelf to thepleafures and
eoBveniency of higher life !

Seduction is fdaom accompliihed without fraud ;
and the fraud is by lb much more criminal than
other frauds, as the injury cffic^ked by it is greater,
continues longer, and lefs admits of reparation.

This injury is threefold ; to the woman, to her
£unily, and to the public.

I. The injury to the woman is made up, of the
fain flie fuffers from ihame, of the hfs fkc fuftains in

202 Sedufflim.

her reputation and profpeAs of marriage, and of the

depravation of her moral princifle*

This pain muft be extreme, if we may judge of it
from thofe barbarous endeavours to conceal thci^r
^iifgrace, to which women, under fuch circumftanr
ces, fometimes haye^ recovrfe ; comparing alfo this
barbarity with their paffionate fondnefs for their off-
fpring in other cafes. Nothing but an agony of
mind the moft infupportable can induce a woma^
to forget her nature, and the pity which even ^
ftranger would fhew to a helplefs and imploring in-
fant. It is true, that all are not urged to this ex-
tremity ; b^t if any are, it affords an indication of
how much all fuffer frorn the fame caufe. V^at
jQiall we lay to the authors of fuch mifchiei'f

The lofs which a woman fuftains by the ruin of
her reputation almoft exceeds computation. Every
perfon's happinefs depends in part upon the refpe^
and reception which they meet with in the world ;
and it is no inconfiderable mortification even to the
firmed tempers, to be rejefted from the fociety of
their equals, or received there with negleft and dif-
dain. fiut this is not aH, nor the worft. By a rule
of life, which it is not eafy to blame, and which it
is impoilible to alter, a woman lofes with her chafti-
ty the chance of marrying at all, or in any manner
equal to the hopes fiie had been accuftomed to en-
tertain. Now marriage, whatever it be to a man, is
that, from which every woman expeds her chief
happinefs. . And this is ftill more true in low life,
of which condition the women are, who are moft
expofed to folicitations of this fort. Add to this,
that where a woman's maintenance depends upon
her chara6ter, (as it does, in a great meafure, with
thofe who are to fupport themfelves by fervice)
little fometimes is left to the foriaken fufferer, but
^p ft^rve for want of employment, or to have rc^
(Qurfe to proftitution for food and raiment.

Sedufflm, ^cj

As a woman coUefts her virtue into this pointy
the lofs of her chs^ty is generally the defiruSlion of
l)er moral principle ; and this Gonfcquence is to be ap-
prehended, whether the criminal intercourfe be dif-
covered or not.

2. The injury to the family may be underftood
by the application of that infallible rule, *' of doing
to others what we would that others Ihould do unto
us/' Let a father or a brother fay, for what con-
fideration they would fuffer this injury in a daughter
or a lifter ; and whethey any, or even a total lofs of
fortune could create equal afflidion and diftrefs.
And when they refl^ft upon this, let them diftin-
^yiih, if they can, between a robbery committed
upon their property by fraud or forgery, and the ru-
in of their happinefs by the treachery of a feducer.

3. The public at large lofe the benefit of the wo-
man's fervice in her proper place and deftination, as
a wife and parent. This to the whole community
may be little ; but it is often more than all the good,
which the feducer does to the community, can rec-
ompenfe. Moreover, proftitution is fupplied by fe-
duftion ; and in proportion to the danger there is
of the woman's betaking herfelf, after her firft facri-
iSce, to a life of public lewdncfs, the feducer is an-
fwerable for the multiplied evils to which his crime
gives birth.

Upon the whole, if we purfue the cfFefts of feduc-
tion through the complicated mifery which it occa-
fions ; and if it be right to eftimate crimes by the
mifchief they knowingly produce, it will appear
ibmething more than mere invedive to aflcrt, that
not one half of the crimes, for which men fuflfer
death by the laws of England, are fo flagitious as
this.*

* Yet tlie Uw hat pitmdcd no poniflimcnt for this offence beyond a pecn-
niary fatisfafhion to the injured family ; and this can only be come at, by
ene of the quainteft fidlions in the world, by the father*8 bringing his a£bidh
^gainft the feducer, for the lofs of his 4^ughter*s fprvi^c, durin^^ her prcgnac^.
£y and nurturio|^

904 4Mferf.

ctjapter iv-

ADULTERY.

A NEW fulFerer is introduced, the injured
hufband, who receives a wound in his feniibility and
affedtions, the moft painful and incurable that human
nature knows. In all other refpcAs, adultery on
the part of the man who folicits the chaftity of a
inarried woman, includes the crime of feduAion,
and is attended with the fame mifchief.

The infidelity of the woman is aggravated by cru-
elty to her children, who are generally involved iit
their parents' (hame, and always made unhappy by
their quarrel.

If it be faid that thefe confequences are chargeable
not fo much upon the crime, as the difcovery, we
anfwer, firft, that the crime could not be difcov*.
ered unlefs it were committed, and that the commi£-
fion is never fecure from difcovery ; and fecondly,
that if we excufe adulterous connexions, whenever
they can hope to efcape detedion, which is the con-
clufion to which this argument condudts us, we leave
the hu£band no other fecurity for his wife's chaftity,
than in her .want of opportunity or temptation j
which would probably either deter men from mar-
rying, or render marriage a ftate of fuch jealoufy
and alarm to the hufband, as muft end in the flavery
and confinement of the wife.

The vow by which married perfons mutually en-
gage their fidelity, is " witneffed before God," and
accompanied with circumftances of folemnity and re-
ligion, which approach to the nature of an oath.
The married oft'endcr therefore incurs a crime little
£hort of perjury, and the feduftion of a married wo-
man is little lefs than fubornation of perjury i-^an4
this guilt is independent of the difcovery.

Adultery. 0.0$

An beliavioilr, which is defigncd, or which know-
ingly tends to captivate the affeftion of a married
woman, is a barbarous inttuiion upon the peace and
virtue of a family, though it fall Ihort of adulter^'.

The ufual and only apology for adultery is the
prior tranfgreflion of the other party. There arc
degrees no doubt in this, as in other crimes ; and fo
far as the bad efFefts of adultery are anticipated by
the conduA of the hulband or wife who offends firft,
the guilt of the fecond offender is kis. But Uiis
falls very fat fliort of a juftiiication ; unlefs it could
be Ihewn that the obligation of the marriage vow
depends upon the condition of reciprocal fidelity ;
for which conftrudion, there appears no foundation,
either in expediency, or in the terms of the promife,
or in the defign of the legiflature which prefcribed
the marriage rite. Moreover, the rule contended
for by this plea has a manifeft tendency to multiply
the offence^ but none to reclaim the offender.

Th€i way of confidering the offence of one party
as a provocation to the other, and the other as only
retaliating the injury by repeating the crime, is a
childifh trifling with words.

" Thou {halt not commit adultery,** was an inter-
d^A delivered by God himfclf. By the Jewifh law
adultery was capital to both parties in the crime :
♦* Even he that committeth adu! ^ry with his neigh-
bour's wife, the adulterer and adulterefs (hall furely
be put to death.'* Lev. xx. 10. Which paffages

!)rove, that the divine Legiflator placed a great dif-
erence between adultery and fornication. And
with this agree the Chriftian fcriptures ; for in al-
moft all the catalogues they have left us of crimen
and criminals, they enumerate " fornication, adulte-
ry," "whoremongers, adulterers," (Matthew xv. 19.
I Cor. vi. 9. Gal. v. 9. Heb. xiii. 4.) by which men*.
'tion of both, they Ihew that they did not confider
them as the fame ; but that the crime of adultery
was> in .their apprehenfion,diftind from, and accu*
mulated upon, that of fornication.

t^6 Adtdtery.

The hiftorjr of the woman taken in adultery, f e*
corded in the eighth chapter of St. JohtCs Go/pel^ hag
been thought by fome to give countenance to that
crime. As Chrift told the woman, " Neither do I
condemn thee/* we muft believe, it is faid, that he
deemed her condud either not criminal, or not a
crime however of the heinous nature which we rep-
refent it to be. A more attentive examination of
the cafe will, I think, convince us, that from // noth'-
ing can be concluded as to Chrift's opinion concern*
ing adultery^ either one way or the other. The
tranfaftion is thus related : " Early in the morning
Jefus came again into the temple, and all the people
came unto him ; and he fat down and taught them }
and the Scribes and Pharifees brought unto him a
woman taken in adultery; and when they had fet
her in the midft, they fay unto him, Mafier, this wo«>
inan was taken in adultery, in the very aft : now
Mofes in the law commanded that fuch ihould b^
ftoned; but what fayeft thou ? This they faid tempt-
ing him, that they might have to accufe him«
But Jefus fiooped down, and with his finger wrote
on the ground, as though he heard them not. So
when they continued aiking him, he lift up himfelf,
and faid unto them, He that is without fin amon^
you, let him firft caft a fione at her; and again ne
ftooped down* and. wrote on the ground : and they
which heard it, bemg convided by their own con-
fcience, went out one by one, beginning at the eldeft,
even unto the laft ; and Jefus was left alone, and the
woman ftanding in the midft. When Jefus had lift
up himfelf and iaw none but the woman, he laid un-
to her, Woman, where are thofe thine accufers ?
hath no man condemned thee ? She {aid unto him^
No man. Lord. And he faid unto her. Neither do I
condemn thee ; go and fin no more."

" This they faid, tempting him, that they might
have to accufe him," to draw him, that is, into an
exercife of judicial authority, that they might have

Adultery. iof

to accufe him before the Roman governor of ufurp-
ing or intermeddling witl^ the civil government*
This was theic delign ; and Chrift's behaviour
throughout the whole afiair proceeded from a knowU
edge of this deiign, and a determination. to de&atit*
He gives thedi at firft a cold and fuUen reception,
well fuited to the infidious intention with which they
came : *^ He (looped down, and with his .finger
M^rote on the ground, as though he heard them
not." " When they continued afldng him,^ when
they teafed him to fpeak, he difmiffed them with a
rebuke, which- the impertinent 'malice of their er-
rand, as well as the fecret charader of many of them
deferved : " He that is without fiii (that is, this fin)
among you, let him firft caft a ftone at her»" This
had its efie^. Stung with th6 reproof, and difap-
pointed of their aim, they ftole away one by one,
and left Jefus and the woman alone. And then foli-
lows the converfation, which is the part of the nar>-
rative mofi: material to our pre&nt fubie^l. ^' Jeius
faith unto her. Woman, where are thofe thine ac^
cufers? hath no man condemned thee ? She faid.
No man. Lord. And Jefus faid unto her. Neither
do I condemn thee ; go and fin no more." Now,
when Chrift afked the woman, ^' hath no man con^
denmed thee," he certainly fpoke, and was under^
ftood by the woman to fpeak, of a legal and judicial
condemnation ; otherwife, her anfwer, " no man.
Lord," was not true. In every other, fenfe of con-
demnation, as blame, cenfure, reproof, private. jud^
ment,and the like, many had condemned her j all thofe
indeed who brought her to Jefus. If then a judi-
cial fentence was what Chrift meant by condemning
in the queftion,the common ufe of language requires
us to fuppofe that he meant the fame in his reply,
•* neither do I condemn thee," /. ^. I pretend to no
judicial charader or authority over thee ; it is no
office or bufinefs of mine to pronounce or execute
the fentence of the law.
Cc

«ol hceJL

When Gfaiift adds, ^ go ud fin &o tnore," he in
tfSeft tells her, that flie htd finned aiready ; but as
to die degree or quality of the fin, or (%irift*^ opin*
son concerning it, notUoig is declared, or can be in*
fsrred, either way.

Adntoery, whidi was {niaiihed widi death during .
the UAurpation, is now regarded by the law of Eng-
land only as a civil injury ; for which the imperfed
iatisfatftion that money can aflbrd, may be recovered
tyy theluiftHind.

Clwm^ter V.

INCEST.

In order to preferve chaftity in famiSes, and
^tween perfons of diferent fexes brought up and
living together in a ftate of unreferved intimacy, it
is neceflary by every method poffible to inculcate an
•abhorrence of incefhunts conjun&ions ; which abhor«
xence can only be opheki by the abibhite reprobation
of ^// commerce of the fexes between near relations.
Upon this principle, the Marriage » well as other co*
liabitation of brothers and fifters, of Uneal kindred,
^md of all who uiually live in the iame family, may
be £ud to be forbidden by the law of nature.

ReftriAions which extend to remoter degrees of
Idndred than what this reafon makes it neceflary
<o prohibit from intermarriage, are founded in the
authority of the pofitive law which ordsuns them,
and can oidy be juftified by their tendency to difiufe
wealth, to conned famihes, or to promote fome
political advantage.

The Levitical law, which is received in this coun-
try, and from which the rule of the Roman law dif-
fers very little, prohibits* marrikge between rehtions

* The Roman law continued the prohibition to tlie^fefcendants of brothers
and fiilert without limits. In the Levitlud and Englifi» law, there is nothing
to hinder a man from marrying his inai niec«.

Vkhia three degrees o£ kindred ; computkig; the sen*
erations oot from but through chis^commoBranceuoFj^
and accounting affinity the fame as confaaguinity^
The iifue, however, of fuch marriages »e not baC
tardized,-unle& the parents be divorced during theiA
lifetime.

The Egyftiani are iaid to have allowed of the mar«
i^iage of brothers and iiilers. Amongft thcAibewm^i
a very fingular regulation prevailed ;. brothers, and
fillers of the half blood, if related by the father's
fide, might marry ; if by the mothei^'s fide, they
were grobibited from marrying. The faod cufton^
alfo probably obtained in Chaldca fix early as the age*
m which Abraham left it ^ for he and Sarah his wif6
flood in this relation to each, other. '^ And yet,,
indeed^ ihe is m^y fiOer, fhe is the daughter of my
Either, hut not of npky ntiotheJCt and fhe bttane my^
wife/' Gen. xx* i»^

Cfjaptn: VI.

POLYGAMY.

ThEi

equaKty*- in the number of males and fe-
malfe^ born into the woiid intimates the intention
of God; that one woman fltould be aflSgned to one
man ; for, if to one man be allowed an exclufivc.
right to five or more women, four or more men
muft be deprived of the ijxclufive pofleffipn of any :
which could never be the osder intended

It fijenis alfo a fignificant indication of the fivine
wiU, that he at firft created only one woman to oni?
man. Had God intended polygamy for the Ipecies^
It is prob2U>le he would liave begun with it \ ^fy&Cr

' ♦*Thi8 equality is not cxwSt The number of male infants exceecU that oi;
fbnales in the proportion of nineteen to eighteen, or thereabouts ; which ex-
cefs {provides for the greater confum^^on of males bj W2r». fcafarin^; and
other dangerous •r unhealthy occupations.

fiio Pofygamy.

ially as, by giving to Adam more wives than one, th^
multiplication of^tiie human race would have pro-,
ceeded with a quicker prpgrefe.

Polygamy not only violates the conftltution of na-i
ture, and the apparent defign of the Deity, but pre.
duces to the parties themielves, and to the public,
the following bad efFefts : contefts and jealoufies
amongft the wives of the fame hufband ; diftraded
afFe£fcions, or the lofs of all ^iffeftion in the hufband
himfelf ; a voluptuoufnefe in the rich which diffolves.
the vigour of their intellectual as well as aftive facul-
ties, producing that indolence and imbecility both
of mind and body, which have long charaderized
the nations of the Eaft ; the abafement of one half
of the human fpecies, who, in Countries where polyg-
amy obtains, are degraded into mere infiruments
of phyfical pleafure to the other half; negleft of
children ; and the manifold, and fometimes unnat-
ural mifchicfs, vhich arife from a fcargity of women.
To compenfate for thefe evils, polygamy does not of.
fer a fingle advan^ge. . In the arti(;le of population,^
which it^has been thought to promote, the commu«
nity gain nothing :* for the queftion is not, whethci:
one man will have more children by five or more
wives than by one ; hut whether thefe five wives
would not beair the fame, or a greater number o^
children, to five feparate hufbands. And as to the
care of the children wh^n produced, and the fend-
ing of them into ^he world in fituations i^ whicl\

* Nothing, I mean, compared with a ftatc in which marriage is nearly lui-
vcrfal. Where marriages are lefs general, and maAy women unfruitful from
the want of huibanda, polygamy might at firft add a iittl^e to population ;
and but a little : for, as a variety ef wives would be fought chiefly from
temptations of voluptuoufiiefs, it would rather increafe the demand for fe-
male beauty, than fpr the fex at large. And this liUU would foon be made
lefs by many dedu(Slions. For, iirft, as no^e but the opulent can maintain a
plurality of wives, where polygamy obtains, the rich indulge in it, while the'
reft take up with a vague and barren incontinency. And, fecondly, women
would grow lefs jealous of their virtu^, when th^y had nothing for which«to
refcrvc it, but a chamber in the baram ; when their chafHty was ^o longer
to be rewarded with the rights and happinefs of a wife, as enjoyed under the
marriage of on^ woman to one man. Thefe confiderations may be added to
what is mentioned in the text, concerning the eafy and early 'fettlemcnt of
children in the world.

Polygamy. ti'ii

they may be likely to form and bring up families of
their own, upon which the increafe and fucceilion of
the human fpecies in a great degree depend ; this is
leis provided for, and lefs prafticable, where twenty
or thirty children are to be fupported by the atten-
tion and fortunes of one father, than if they were
divided into five or fix families, to each of which
were affigned the induftry and inheritance of two
parents.

Whether fimultaneous polygamy w?is pe^:mUte4
by the law of Mofes^ feems doubtful :* but whether
permitted or not, it was certainly praftiifed by the
yewijh patriarchs, both before that Uw, and under
It. The permiffion, if there was any, might be like
that of divorce, " for the hardnefs of their heart,**
in condefcenfion to their eftabliflied indulgencieSj^
rather than from the general reftitude or propriety
of the thing itfelf. The ftate of manners in Judes
had probably undergone a reformation in this rer
fpeft before the time of Chrift^ for in the New Tefta-
ment we meet with no tyac? oy meptiop of any fuch
pradice being tolerated.

For wh^ch reafon, and becaufe it was likewife for*
bidden amongft the Greeks and Romans, we can-
not exped to find any exprefs law upon the fubjefl:
in the Chriftian code. The words of Chrift,J Matt*
xix. 9. may be conftrued by an eafy implication to
prohibit polygamy j for, if " whoever putteth away
his wife, and w^rr/>/A another, committeth adultery,"
he who marrieth another without putting away the
firft is no lefs guilty of adultery ; becaufe the adulte-
ry docs not confift in the repudi^ttion of the firft
wife (for, however unjuft or cruel that may be, it is
not adultery) but in entering into a fecond mar-
riage during the legal exiftence and obligation of the
firft. The feveral paffages in 5/. Faul''^ writings,
which fpeak of marriage, always fuppofeit to fignify

• • SecDeut. xvil 17. «i. 15.

\**'\ Fay unto vou, Whofoever (hall put away his wife, except it be te
fprnication, an4 uall marry aaothcr, committeth adultery." ^

the union of one man with one wosian. l^on thJbi
fiippofitioh he argues^ Roqgi. vu. 2. 3^ " Know ye.
not, brethren, fori fpeakto them that know the law,^
how that the law hath dominion over a man,^ as long
as he liveth ? For the woman which hath an huJU
band, is bound by the law to her hufbaad fo lon^
as he liveth ; bujt if the hu&and. be dead, fhe is.
loofed from the law of her hirfhand : io then, i£
while her hufband liveth flie be niarried to another
man, Ihe Ihall bq called an adulterefe." When the
fame Apoftle permits marriage to his Corinthiai^
converts (which " for the prefent diftrefc," he judges
to be inconvenient) he reftraius the permiflion to the
marriage of one hulband with one wife : '* It ia
good for a man not to touch a woman; neverthe^*
fefs, to avoid fornication, let every man have his
own wife,, and let every woman have her owa hu£»
band/'

The manners of (Kflferent countries have varied
in nothing more than in their domeilic con{Htutions«.
Left polimed and more luxurious nations have either
not perceived the bad eflfecls of polygamy, or, if they
did perceive them, they who in fuch countries pof-
fefied the power of reforming the laws have been
unwilling to refign their own grati&cations, Pplyg*
amy is retained at this day among the Turks^ ami
throughout every part of Jfta in which Chrfti^nity
is not profeffed. In Chriftian countries.it is univer-%
fally prohibited. In Sweden it is puniflied with deaths
In England^ bcfide the nullity of the fccond marriage,
it fubjetts the offender, to tra'n&ortation or imprifoxi-
ment and branding for the firft offence, and to capi-
tal punifliment for the fecond. And whatever; majf
be laid in behalf of polygamy, when it is authoriwd
by the law of the land, the marriage of a fccond wife,
during the lifetime of the firft, in countries where
fuch a fecond marriage is void, muft h^ ranked with
the moft dangerous and cruel of thofe frauds, by
which a woman is cheated out of her fortune, her
perfon, and her happinefs.

pf Divorce. 213

The ancient Medes compelled their citizens, in
one canton, to tarke fcven wives; in another, each
woman to receive five htribands : according as war
fcad made, in one quarter of their country, an ex-
traordinary havodc among the men, or the women
had been carried away by an enemy from another.
TTiis regulation, fo for as it was adapted to the pro-
portion which fobfifted between the numbers of
males and females, was founded in the reafon upon
which the moft improved nations of £«^r^/^ proceed
at prcfcnt.

Cafar fbutid amongft the inhabitants of this illand
i fpedes of polygamy, if it may be fo called, which
Was perfeftly nngular. Uxonsy fays he, iabenf dem
duodenique inter fe consmunes^ et maxime fratres cumfra"
tribusyparentefque cum liberis : fedjiquifunt ex his tuitij
varum habentur liberty quo primum virgo quaque deduSia

C|)ajpter viL

OF DIVORCE.

]SX Dvo^rce^ I meaa^ the diilblution of the
marriage contract, by the ad, and at the will, of the
hufband.

This power was allowed to the hulband, among
the Jewsy the Greeks^ and latter Romans ; and is
at this day exercifed by the STnr/b and Perftans.

The congruky of fuch a right with the law of
BMure, is the queftkm before us.

And in the firft fdace, it is maxufeftly inconfiftent
with the duty, which the parents owe to their. chiU
dren ; which duty can never be fo well fulfilled as
by their cohabitation and tmited care. ItisaUb
incompatible with the right which the mother pof-
Jfe&s, as weH as the £ither, to the gratitude o(^W
i^hildnen, and the comfort ixf thei^ ^iety ^ of both

ai4 Of Divorce.

which fhe is almoft neceflarily deprived, by her dif^
miffion from her hufband's familyt

Where this objcftioii does not interfere, I knovr
of no principle of the law of nature applicable to
the queftion, beiide tKat of general expediency.

For, if we fay, that arbitrary divorces are exclud-
ed by the terms of the marriage contrad, it may be
anfwered, that the contrad might be fo framed as
to admit of this condition^

' If we argue with fome moralifls, that the obliga*
tion of a contra6ib naturally continues, fo long as ttie
purpofe which the contrading parties had in view,
requires its continuance ; it will be difficult to fliew
what purpofe of the contrad (the care of children
excepted) fhould confine a man to a woman, from
whom he feeks to be loofe.

If we contend with others, that a contrad cannot^
by the law of nature, be diffolved, unlefs the parties
be replaced in the fituation which each poffeued be-
fore the contrad was entered into ; we fliall be call-
ed upon to prove this to be an univerfal or indii^
penfable property of contrads.

I confefs myfelf unable to ailign any circumftance
in the marriage cpntrad, which effentiayy diftin-
gui{hes it from other contrads, or which proves
that it contains, what many have afcribed to it, a
natuiKd incapacity of being diffolved by the confent
of the parties, at the option of one of them, or ei-
ther of them. But if we trace the effeds of fuch a
rule upo9 the general bappinefs of married life, we
fhall perceive reafons of expediency, that abundant-
ly juftify tlie policy of thofe laws which refufe to
the huflband the power of divorce, or reflrain ir to
a few extreme and fpecific provocations : and our
principles teach us to pronounce that to be contrary
to the law of nature, which can be proved to be detri-
mental to the common happinefs of the human fpecies.

A lawgiver, whofe counfels are direded by views
of general utility, and obftruded by no local ipedi-
mept, would mal^ the marriage contrad indiflbluble

Of Dhorce. o^rg

during the joint lives of the parties, for the fake of
the following advantages :

L Becaufe this tends to preferve peace and con-
cord between married peribns, by perpetuating their
common intereft, and by inducing a necemty of
mutual compliance.

There is great weight and fobftance in both thefe
confiderations. An earlier termination of the union
would produce a feparate intereft. The wife would
naturally look forward to the diflblution of the
partnerlhip, and endeavour to draw to herfelf a
fund, againft the time when flie was no longer to
have acceis to the fame refources. This would be-
get peculation on one fide, and miftruft on the oth-
er ; evils which at prefent very little difhxrb the con-
fidence of married life. Theifecond effect of mak-
ing the union determinable only by death, is not
Ids beneficial. It neceflarily happens that adverfe
tempers, habits, and taftes, oftentimes meet in mar-
riage. In which cafe, each party muft take pains to
give up what offends, and pradife what may gratifV
the o^her. A man and woman in love with each
other, do this infenfibly : but love is neither general
nor durable ; and where that is wanting, no leffons
of duty, no delicacy of fentiment, will go half fo
far with the generality of mankind and womankind,
as this one intelligible reflection, that they muft each
make the beft of their bargain ; and that feeing
they muft either both be miferahk, or both fhare in
the fame happineis ; neither can find their own com-
fort but in promoting the pleafure of the other.
Thefe compliances, though at firft extorted by ne-
ceffity, become in time eafy and mutual f and
though leis endearing than affiduities which take
their rife from affeAion, generally procure to the
married pair a repofe and fatisfaction fuflicient for
their happinefs.

II. Becaufe new objefts of defire would be con.
tinually fought after, if men could, at will, be re-

2x6 Of Divorce.

leafed from their fabfifting engagements. Stippofe
the hufband to have once preferred his wife to afl
other women, the duration of this preference cannot
be trufted to. Poffeflion makes a great diflFerence :
and there is no other fecurity againu the invitations
of novelty, than the known impoffibility of obtun-
ing the objeft. Did the caufe, which brings the
fexes together, hold them together by the fame force
with which it firft attracted theni to each other, or
could the woman be reftored to her perfonal integri-
ty, and to all the advantages of her virgin eftate ;
the power of divorce might be depofitcd in the
hands of the hufband, with lefs danger of abufe or
inconvcniency. But conftituted as mankind are,
and injured as the repudiated wife generally muft
be, it is neceflary to add a {lability to the condition
of married women, more fecure than the continu-
ance of their hufband's affection ; and to fupply to
both fides, by a fenfe of duty and of obligation, what
£itiety has impaired of paffion and of perfonal at«
tachment. Uppn the whole, the power of divorce
is evidently and greatly to the difadvantage of the
woman ; and the only queftion appears to be, wheth-
er the real and permanent happinefs of one half of
the fpecies ihould be furrendered to the caprice and
voluptuoufnefs of the other ?

We have confidered divorces as depending upon
the will of the hufband, becaufe that is the way in
which they have aftually obtained in many parts of
the world : but the fame obje£tions apply, in a great
degree, to divorces by mutual confent ; efpecially
when we confider the indelicate fituation, and fmall
profpedl of happinefs, which remains to the party,
who oppofed his or her diffent to the liberty and
defire of the other.

The law of nature admits of an exception in fa-
vour of the injured party, in cafes of adultery, of
obflinate defertion, of attempts upon life, of outra-
geous cruelty, of incurable madnefs, and, perhaps^

Of Divorce. ai/

of perfonal imbecility ; but bv no means indulges
the fame privilege to mere diffike, to oppofition of
humours and inclinations^ to contrariety of tafte
and temper, to complaints of coldnefs, negleft, fc-
verity, peevilhnefs, jealoufy ; not that thefe reafons
are trivial, but becaufe fucb objcftions may always
be alleged, and are impoffible by teftimony to be af-
certained ; fo that to allow implicit credit to them,
and to diffolve marriages whenever either party
thought fit to pretend th^m, would lead in its effeo:
to all the licentioufheft of arbitrary divorces.

Milton's ftory is veil known. Upon a quarrel
with his wife, he paid his addreflbs to another wom-
an, and fet forth a public vindication of his conduct,
by attempting to prove, that confirmed diflike waa
as juft a foundation for diffolying the marriage cpn»
trad, as adultery ; to which poution, and to all the
arguments by which it can be fupported, the above
confideration affords a fufficient anfwer* And if ^.
married pair, in adu^ and irreconclleablc difcord,
complain that their happinefs voul4 be better con-
fulted, by permitting them to determine a connex-
ion, which has becpme odious to both, it may bo
told them that the fame permiffion, as a general
rule, would produce libertinifm, difTenfion, and mif-
cry, amongft thoufands, who arq now yirtuous, and
quiet, and happy, in their condition : and it ought
to fatisfy them* to refled, that whep their happineis
is facrificed to the operation of zxi unrelenting rule,
it is facrificed to the liappinels of the; community.

The fcriptures feem to have drawn the obligatioa
tighter than the law of nature left it. *^ Whofoever,'*
faith Chri/ij " fliall pyt away his wife, except it be
for fornication, and ftiaH marry another, committeth
adultery; and whofo marrieth her which is put
away, doth commit adultery.'^ Matt: xix. 9. The
law of Mo/esy for reafons of local expediency, per-
mitted the Jewijh hufband to put away his wife ;
but whether for every caufe, or for what caufes,^

aiSL 0/ Divorce.

y appears to have been controverted amofigfl: the in*
terpreters of thofe times. Chri/iy the precepts of
whofe religion were calculated for more general ufc
and obfervation, revokes this permiffion, as given
to the Jews *' for the hardnefs of their hearts," and
promulges a law which was thenceforward to con-
fine divorces to the finffle caufe of adultery in the
wife* And I fee no fumcient reafon to depart from
the plain and ftrid meaning of Cbr\Ji\ words. The
rule was new. It both furprifed and offended his
difciples ; yet Chriji added nothing to relax or ex*
plain it.

Inferior caufes may juftify the feparation of huf-
band and wife, although they will not authorize fuch
a diffolutioa of the marriage contract, as would
leave either party at liberty to marry again ; for it
is that liberty in which the danger and noifchief of
divorces principally confift.

If the care of children does not require that they
Jhould live together, and it is become, in the ferious
judgment of both, ncceffary for their mutual happi«
nefs that they fliould feparate, let them feparate by
confent. Neverthelefe, this neceffity can hardly ex-
ift, without guilt and mifcondud oix one fide or on
both. Moreover, cruelty, ill-uiage, extreme vio-
lence, or morofenels of temper, or other great and
continued provocations, make it lawful for the par-
ty aggrieved to withdraw from thefociety of the of-
fender without his or her confent. The law which
Impofes the marriage vow, whereby the parties
promife to " keep to each other," or, in other
words, to live together, mufl: be underflood to im-
pofe it with a filent refervation of thcfe cafes ; be-
caufe the fame law has conftituted a judicial relief
from the tyranny of the hufband, by the divorce a
tn^nfa et toroy and by the provifion which it makes
for the feparate maintenance of the injured wife.
St. Pj:zJlikewife diflinguifhes between a wife's mere-
ly feparating herfelf from the family of her huiband^

(^ Divoreis ti9

mnd her marrying again : ^ Let not the wife depart
from her hufband ; but, and if ihe do depart^let her
remain unmarried."

The law of this country, in conformity to our
Saviour's injundion, confines the diffolution of the
marriaee contra£t to the fingle cafe of adultery in
the wife ; and a divorce even in that cafe can only
be brought about by the operation of an ad of par*
liament, founded upon a previous fentence in the
ecdeiiaftical court, and a verdi^l asainft the adulter^
er at common law : which proceedings taken togeth«
er compofe as complete an inveftigation of the com*
plaint as a caufe can receive. It has lately been pro*
pofed to the legiflature to annex a claufe to theie
afts, reftraining the offending party from marrying
vith the companion of her crime, who, by the courfe
of proceeding, is always known and convi&ed ; for
there is reafon to fear, that adulterous connesdons
are often formed with the profpeft of bringing them
to this condufion ; at leaft, when the feducer has
once captivated the affection of a married woman,
iie may avail himfelf of this tempting argument to
fubdue her fcruples, and complete his vidory ; and
the legiflature, as the bufineis is managed at prefent,
^Jfifts by its intcrpofition the criminal defign of the
offenders, and confers a privilege where it ought to
infliA a punifhment. The propofal deferved an ex-
periment ; but fomething more penal will, I appr&.
hend, be found neceffary to check the progrefe of
this sdarming depravity. Whether a lavir might riot
be framed direding the fortune of the adulter efe to de-
fcend as in cafi of her natural death \ rcferving, how-
ever, a certain proportion of the produce of it, by
way of annuity, for her fubfiftence (fuch annuity
in no cafe to exceed a fixed fum) and alfo fo far fuf-
pendingthe eftate in the hands of the heir as to pre-
serve the inheritance to any children flie might bear
to a fecond marriage, in cafe there was none to fuc-
ceed in the place of their mother by the firft j wheth*

226 Of Divorce,

•

cr, I fay, fiich a law would not render female vlrtu«
in higher life lefs vincible, as well as the feducers of
that virtue lefs urgent in their fuit, we recommend
to the deliberation of thofe, who are willing to at-
tempt the reformation of this important, but moft
incorrigible clafs of the community. J^. pailion for
fplendour, for expenfive amufements and diftinftions,
is commonly found, in that defcription of women
who would become the objefts of fuch a law, not
lefs inordinate than their other appetites, A feveri-
ty of the kind we propofe applies immediately to
that paffion. And there is no room for any com-
plaint of injuftice, fince the provifions above ftated»
with others which might be contrived, confine the
puniihment, fo far as it is poffible, to the perfon of
the offender ; fuffering the eftate to remain to the
heir, or within the family, of the anceftor from
whom it came, or to attend the appointments of hi?
will- \

Sentences of the ecclefiaftical courts, which releafe
the parties a vinculo matrimonii by reafon of impuber-
ty, frigidity, confanguinity within the prohibited de-
grees, prior marriage, or want of the requifite con-
tent of parents or guardians, are not diflblutions of
the marriage contraft, but judicial declarations, that
there never was any marriage; fuch impediment
fubfifting at the timei as rendered the celebration of
the marriage rite a mere nullity. And the rite itfelf
contains an exception of thefe impediments. The
man and woman to be married are charged, " if
they know any impediment why they may not be
lawfully joined together, to confefs it ;" and aflbrecl
^' that fo many as are coupled together, otherwifc
than God's word doth allow, are not joined togeth-
er by God, neither is their matrimony lawftil ;"
all which is intended by way of folemn notice to the
parties that the vow they are about to make wiljt
bind their confciences and authorize their cohabits^-
tion only upon the fuppofition that no legal impe<^
rnent exills.

Marriage^ ^ sat

chapter viil

MARRIAGE.

.. V P'P^R it hath grown out of fome tradi-
tion ot the divine appointment of marriage in the
perfons of our firft parents, or merely from a defign
toimprefe the obhgation of the marriage contraft
With a folemnity fuited to its importance, the mar-
mge rite, in ahnoft aU countries of the world, has
been made a religious ceremony;* although mar-
naee in its own nature, and abftrafted from the rule*
and declarations which the JeWilh and Chriftian
fcriptures deliver concerning it, be properly a dvU
contract, and nothing more.

With refpea to one main article in matrimonial
aUiances, a total alteration has taken place in the

f^°\ n, ^'^°?** ' *^^ "^'^^ ^°^ b""P money
to her hufband, whereas anciently the hufband paid
money to the family of the wife ; as was the cafe
aniong the 7^j/& patriarchs, the Greeks, and the old
inhabitants oiGermany,\ This alteration has proved
of no fmall advantage to the female fex j for their
importance in point of fortune procures to them in
modern times, that affiduity and refpecT:, which *are
always wanted to compenfate for the inferiority of
their ftrength; but which their perfonal attraftions
would not always fecure.

^ Our bufmefs is with marriage as it is eftablifhed
m thj^ country. And in treating thereof, it wiU be
neceffary to ftate the terms of the marriage vow in
order to difcover, *

I. What duties this vow creates.

• >t ^ not ho^er inCairlftian conntriej required that marriaecs fliould
be celebrated in churche. tiU the thirteenth ceitury of the Chrif^Ti
M«UT.age. in £.^aW during the Ufurpation were Jen^zcd Wor7^mc»

SI^T^k" i*""' ^"V^' P"'P°^' '*^ °°''"y *" introduced, excjpt t»
degradctheclergjr, does not appear. 'f n»

tThe ancient Mjrin, fold their tentio \fj m annual auaion. The

prices were applied V way of portions to the more homtlv. Bv this contril

anceaUofl»tk.foruwet«difp«fcd«finmarmge. ' y"^"'«™n"i¥.

azz Marriage.

2, What a fituation of mind at the time is inc6n«
fifient with it.

3. By what fubfequent behaviour it is violated.

The hufband promifes on his part, " to love, com-
fort, honour, and keep his wife ;" the wife on hers,
** to obey, ferve, love, honour, and keep her huf-
band ;'* in every variety of health, fortune, and con-
dition ; and both fiipulate, ^' to forfake all others,
and to keep only unto one another, fo long as they
both fliall live/* This promife is called the marriage
vow ; is witnefled before God ^nd the congregation ;
accompanied with prayers to Almighty God for his
bleiling upon it ; and attended with fuch circun:i-
fiances of devotion and folemnity, as place the obli*
gation of it, and the guilt of violating it, nearly up*
on the fame foundation with that of oaths.

The parties by this vow engage their perfonal fi-
delity exprefsly and fpecifically ; tney engage likewife
to confult and promote each other's happinefs ; the
wife, moreover, promifes obedience to her hufband.
Nature may have made and left the fexes of the hu-
man fpecies nearly equal in their faculties, and per-
feftly fo in their rights ; but to guard againft thofe
competitions which equality, or a contefted fuperior-
ity is almoft fure to produce, the Chriftian fcnptures
enjoin upon the wife that obedience which fhe here
promifes, and in terms fo peremptory and abfolute,
that it feems to extend to every thing not criminal,
or not entirely inconfiftent with the woman's hap-
pinefs- " Let the wife,'* fays St. Paul, " be fubjed
to her own hufband in every thing." " The orna-
ment of a meek and quiet fpirit (fays the Apoftle Pe-
ter, fpeaking of the duty of wives) is in the fight of
God of great price." No words ever expreifed the
true merit of the female charaAer fo well as the(e.

The condition of human life will not permit us to
fay, that no one can confcientioufly marry, who does
not prefer the perfon at the altar to all other men or
women in the world : but we can have no diiEculty
in pronouncing (whether we refpeft the end of the

inftitution, or the phin terms in which the contraA
is conceived) that whoever is confcious, at the time
of his marriage, of fuch a dillike to the woman he
b about to marry, or of fiich a fubfifiing attachment
to fome other wonmn, that he cannot reafonably,
nor doeskin £a^, expef): ever to entertain an afiedioa
for his future wife, is guilty, when he pronounces
the marriage vow, of a direft and deliberate prevar-
ication ; and that too, aggravated by the prefencc
of thofe ideas of religion, and of the Supreme Being,
which the place, the ritual, and the folemnity of the
occafion, cannot fail of bringing to his thoughts.
The fame likewife of the woman. This charge muft
be imputed to all, who, from mercenary motives,
marry the objedS of their averfion and difguft ; and
likewife to thofe who defert, from any motive what-
ever, the objeft of their affedion, and, without be-
ing able to lubdue that affeAion, marry another.

The crime of falfehood is alfo incurred by the man^
who intends, at the time of his marriage, to com-
mence, renew, or continue a perfonal commerce
with any other woman. And the parity of reafpn,
if a wife be capable of fo much guilt, extends to her.

The marriage vow is violated,

1. By adultery.

2. By any behaviour, which, knowingly, renders
the life of the other miferable ; as defert ion, negleft,
prodigality, drunkennefs, peeviflmefs, penurioufncfe,
jealoufy, or any levity of conduct, which adminif-
jters occafion of jealoufy.

A late regulation in the law of marriages, In this
country, has made the confent of the father, if he be
living, of the mother, if Ihe furvive the father, and
remain unmarried, or of guardians, if both parents
be dead, necelTary to the marriage of a perfon under
-twenty-one years of age. By the Roman law, the
confent et avi et patris was required fo long as they
lived. In France^ the confent of parents is neccffary
E s

524 Duty of Paraas.

to the marriage of fons, until they attain to thirty
years of age ; of daughters, until twenty-five. In
Holland^ for fons till twenty.five ; for daughters, till
twenty. And this diftinftion between the fexes ap*
pears to be well founded, for a woman is ufually as
properly qualified for the domcftic atid interior du^
ties of a wife or mother at eighteen, a3 a man is for
the bufinefs of the world and the more arduous care
of providing for a family at twenty-one.

The conftitution ^fo of the human fpecies indi*
cates the iamc diftinaion.*

sd

OF THE DUTY OF PARENTS.

1 HAT virtue, which confines its beneficence
within the walls of a man's own houfe, we have been
accufiomed to confider as little better than a more re-
fined felfiihnefs ; and yet it will be confefled, that
the fubje<ft and matter of this clafs of duties are infe-
rior to none, in utility and importance : and where,
it may be alked, is virtue the moft valuable, but
where it does the moft good ? What duty is the moft
obligatory, but that, on which the moft depends ?
And where have we happinefs and mifery fo much
in our power, or liable to be fo afFeded by our con-
duck, as in our own families ? It will alfo be acknowU
edged, that the good order and «\appinefs of the
world are better upheld, whilft each man applies
himfdif to his own concerns and the care of his own
family, to which he is prefent, than if every man,
from an excefs of miftaken generofity, ihould leave
his own bufineis, to undertake his neighbour's,
which he muft always manage with lefs knowledge,
conveniency, and fuccefs. If, therefore, the low efti-

* Cum vis jprolem procreandi diutiib hscmt io mare fm^m in f<niitii«i
populi numeriu acquaquaxu lainuetur, fi icrius vcxierczn colcre iccepenlit

«riitkm ti^rficSe Tin ws be wdl founded, it muft be
omxm not to tkeir inferior importance, but to feme
^hcBeA or impctrity m the motive. And indeed it
CaaoEnot be denied, but that it is tn the power of affb^
ipiationy &) to unite our children's inte^eft with our
^own, as that we fiiotdd often purfue both from the
ixmc motive, place both in tne fame objed, and
^rith as little i^fe of duty in one purfuit as in the
©ther. Where this is the cafe, the judgment above
ftatod is not far from the truth. And fo often as we
fold a foUcitous care of a man's own fstmily , in a total
>bfcnce or extreme penury of every other virtue,
or interfering with other duties, or direfting its
operation folely to the temporal happinefs of the chiU
dren, placing that happinefs and amufement in indul-
gence whiifl they are yoimg, or in advancement of
rortune when they grow up, there is reafon to be-
jjieve tkat this is the cafe. In this way the common
opinion concerning thefe duties may be accounted
for and defended. If we loojc to the fubjcd of
them, we perceive them to be indifpenfable : if wu
Tegard th? motive, we find them often not very mer-
itorious. Wherefore, although a manfcldom rifes high
4n our efteem who has nothing to recommend him
befide the care of his own famuy, yet we always con-r
demu the negleft of this dvfty with the utmost feveri-
ty ; both by reafon of the manifefl ^nd immediate mif*.
chief which we fee ariling from this negle<9^, and be-,
caufe it argues a want not ^nly of parental afiedioo,
but of thofc moral principles, whiclj ought to come
iu aid of that affeftion, where it is wanting. And
if, on the other hand, our praifeand efteem of thefe
dv^ics be not proportioned to the good they produce,
dr to the indignation with which we refept the ab-
fence of them^ it is for this reafoiii, that virtue is
the moft valuable, not where i^ produces the moft
gopd, but where it is the mpft wanted ; which is
not the cafe here ; bccaufe its place is often fupplied
by inftinfts, or involuntary aftociations. Neverthe-
le&, the offices, of a parent may be difcharged froQi a^

d26 Duty cf Furtnti.

confdoufne& of their obfigation, as v^ is otKor do»'
ties ; and a fenfe of this obligation is fometimea nec«
effary to aifiil the ilimulus of parental a&dion;
efpecially in llations of life, in which the wants of a
family cannot be fupplied without the continual
hard labour of the fither, nor without his refrain-
ing from many indulgencies and recreations, which
unmarried men of like condition are able to purw
chafe. Where the parental affeftion is fuffidently
firong, or has fewer difficulties to furmount, a prin-
ciple of duty may ftill be wanted to direA and regu-
late its exertions ; for otherwife, it is apt to fpend
and wafte itfelf in a womaniih fondnefs for the pem
fon of the child ; an improvident attention to lus
prefent cafe and gratification ; a pernicious facility
and compliance with his humours ; an exceffiv^
and fuperfluous care to provide the externals of
happinefs, with little or no attention to the internal
fources of virtue and iatisfzidtion* Univerfally,
wherever a parent's conduct is prompted or dire^-
ed by a fenfe of duty, there is fo much virtue.

Having premifed thus much concerning the place
which parental duties hold in the fcale of human
virtues, we proceed to ftate and explain the duties
themfelves.

When moralifts tell us, that parents are bound to
do all they can for their children, they tell us more
than is true ; for, at that rate, every expenfe which
might have been fpared, and every profit omitted
which might have been made would be criminaL

The duty of parents has its limits, like other du-
ties ; and admits, if not of perfeA precifion, at leaft
of rules definite enough for application.

Thefe rules may be explained under the fcveral
heads of maintenancey education j and a reafonable provif-
ion for the child's happin^s^ in refped of outward condition*

I. Maintenance^,

The wants of children make it neceilary that
fome perfon maintain them ; and, as no one has
a right to burthen others by his a^ it followf i

Duty of tariffs. iay

Unt tlie parents arc bound to undertake this charge
thenafelves. Befide this plain inference, the afiec*
tion of parents to their children, if it be inftindive,
and the provifion which nature has prepared in^the
perfon of the mother for the fuftentation of the in«
fant, concerning the exigence and defign of which
there can be no doubt, are manifeft indications of
the divine will.

From hence we learn the guilt of thole, who rua
away from their families, or (what is much the
iame) in confequence of idlenefs or drunkennels,
throw them upon a pariih ; or who leave them defc
titute at their death, when, by diligence and frugal*
ity, they might have laid up » provifion for their
fupport : alfo of thofe, who refufe or negle£b the
care of their baftard offspring, abandoning them to
a condition in which they mvft either periih or bo-
come burthenfome to others ; for the duty of main-
tenance, like the reafon upon which it is founded,
extends to baftards, as well as to legitimate children.

The Chriftian fcriptures, although they concern
themfelves little with maxims of prudence or econ-
omy, and much lei^ authorize worldly-mindedneis or
avarice, have yet declared in explicit terms their
judgment of the obligation of this duty : ** If any
provide not for his own, efpeciaUy for thofe of his
own houfehold, he hath denied the faith, and is
worfe than an in|idel ;'* (i Tim. v. 8.) he hath dif-
graced the Chriftian profeffion, and fallen {hort in a
duty which even infidels acknowledge*

II. Education*

Education, in the moft extenfive fenfc of the
word, may comprehend every preparation that i$
made in our youth for the fequel of our lives : and
in this fenfe 1 ufe it.^

Some fuch preparation is neceffary for children of
all conditions, becaufe, without it, they muft be mif.
erable, and probably will be vicious, when they grow
pp, either from want of the means of I'ubfiftence,' cr
ironi want of rational and inoficnfive occupatio(u

hx civUixed life, feverythiiKgU dFeded bf aVttii4
ftill. Whence a perfon who is provided with neit-
ther (and neither can be acq^uired Mirkkpnt ezercife and
inftniclion) will be ufelei^ i and he that ia uidefi^
will generally be at the fame time mifchtevoos to the
community. So that to fend an uneducated ciiiid
into the world h injurious to the reft of mankind ;
it is little better than to ti^rn out a ^^d d(^, or a
wild beaf); into the ftreets.

•In the inferior ctaiTes of the connnciaity, this prfn*
ciple condemns the neglect of par^ts, who do Tio%
Inure their children betimes to kbo^r and reftraint^
by providing them with apprenticeihips, ferviccs, (M
other regular employment, but who fuffer them tQ
wafte their youth in idlenefs and vagrancy, or to be-
take themfelves to fome lazy, trifUng, and precarioit^
calling : for the confequence of having thus tafted tfans^
fweets of natural liberty, at an age when their paf-
fion and rclifh for it are at the higheft, is, that they
become incapable for the remainder of their lives o(
continued induftry, ox of perfevering attention ta
any thmg ; fpend their time in a miferable firugglo
between the importunity of want, and the irkfome-
nefs of regular application ; and are prepared to em^
brace every expedient, which prefents a hope- of fup-s
plying their neceffities without confining them to the
plough, the loom, the fliop, or the coupting-houfc.

In the middle orders of fociety, thofe parents arc
rooft reprehenfible, who neither qualify their chfl-
dren for a profeflion, nor enable them to live without
one :• and thofe in the higheft, who, from indolence,
indulgence, or avarice, omit to procure their chil-
dren thofe liberal attainments, which are neceifary to .
nuke them ufeful in the ftations to which they are def-
tined. A man of fortune, who permits his fon to con-
fume the feafon of education, in hunting, fhooting, or
in frequenting horfe-races, aiTemblies^ or other uned-

* Amongfl the AtbeniartM, if the parent did not put hi« cbild into a w«y^
of getting a livelihood, the child wa« not bound to make protifion for tb<
yarou when old and necdUtous.

Ifuty of farents^ , ti^

ifying, if not vicious divetfions, defrauds tlie coiuihtt-
nity of a benefaflor, and bequeaths them a nuifance.

Some, though not the fame, preparation for the fe-
quel of their lives, is neceflary for youth of evcrjf
defcription ; and therefore for baftatds, as iVell as
for children of better expe^atious. Confequetitly,
they who leave the education of their baftards tq
chance, contesting themfelves with making provi*
fion for their fubfiftence, deiert half their duty.

HI. A reafonable provifion for the happinefi of a
child in refpeft of outward condition, requires thres
things : a iituation fuited to his habits and reafona*
ble expeftations ; a competent provifion for the exi-
gencies of that fituation ; and a probable fecurity for
bis virtue.

The two firft articles will vary with the condi*
fion of the parent. A fituation fomewhat approach-
ing in rank and condition to the parent's own ; or,
where that is not prafticable, fimilar to what other
parents of like condition provide for their children^
bounds the reafonable, as well as (generally fpeak«
ing) the actual expedations of the child, and there^*
fore contains the extent of the parent's obligation.

Hence, a peafant fatisfies his duty, who fends out
his children, properly inftruAed for their occupa^
tion, to huflbandry, or to any branch of manufac*
ture* Clergymen, lawyers, phyficians, officers \ti
the army or navy, gentlemen pofleffing moderate
fortunes of inheritance, or exercifing trade in ^
large or liberal way, are required by the lame rule ta
provide their fons with learned profeffions, commiC.
fions in the army or navy, {^aces in pubtic offices^
or reputable branches of merchandize. Providing
a child with a fituation, includes a competent fupi.
ply for the expenfes of that fituation, until the pro^
Its of it enable the child to fupport himfelf. Nobler
men, and gentlemen of high rank and fortune, may
be bound to tranfmit an inheritance to the repre?*
fentatives of their family, fufficient for their fupport
without thf wd oi » tfacfe p/ .profeyi&psi, ,;a yhi<^

«5^ '^^J' Sf Parentis

there is little hope that a youth, who has be^ii ^U
tered with other expedations, will apply himfeif
with diligence or fuccefs. In thefe parts of the
world, public opinion has afibrted the members of
the community into four or five general claffes, each
dafe compriiinga great variety of employments and
profeffions, the choice of which muft be committed
to the private difcretion of the parent.* AU that
can be eaipe^fced from parents as a dutyy and therefore
,ihe only rule which a moralift can deliver upon the
iiibjed is, that they endeavour to preferve their chil-*
dren in the clafs in which they are born, that is to fay^
in which others of fimilar expedations are accufiom-^
cd to be placed ; and that they be careful to confine
their hopes and habits of indulgence to objeds which
will continue to be attainable.

It is an ill-judged thrift in fome rich parents, to
bring up their fons to mean employments, for the
iake of faving the charge of a more expenfive educa^
jdon : for thefe fons, when they become mafters of
their liberty and fortune, will hardly continue in
occupations by which they think themfelves degrade
ed, and are feldom qualified for any thing better*

* Tiie health and virtue of a child's future life are conflderations fb fupo'
Hor to all others, that whatever is likely to have the fmallcft influence upot
thefe, defervcs the parent's firft attention. In refpcA of health, agriculture^
and all active, rural, and out-of-door employments, are to be preferred to
tnanufa^rcs, and fedcntary occupations. In refpedl of virtue, a courfe of
dcalinn in which the advantage is mutual, in which the profit on one fide ift
conneucd with the benefit of the other (which is the cule in trade, and all
lerviccable art or labour) is more favourable to the moral charatfter, than
calHngv in which one man's gain is another man's lofs ; in which what yem
acquire, is acquired without equivalent, and parted with in diftrcfs ; as in
gaming, and whatever partakes of gamina, and in the {Predatory profits of
Wiir. The following diftindkions alfo deferve notide. A bufmefs, like a re-
tail trade, in Which the profits are (mail and frequent, and accruing from the
Employment, furnidies a moderate and con(^ant engagement to the min<i,
«nd fo far futts better with the general dtfpofition of ittankind, than profeC-
^ons which are fupported by fiied falaries, as ftations in the church, army*
navy, revenue, public ofiiccs, &c. or wherein the profits are made in large
Cams, by a few great concerns, or fortunate adventures : at in many brancb*
<Ctof wbolcfiUcandforeon mcrckaiidiseyia which the occupation u neither
fo conflant, nor the a<£bvity fo kept alive by immediate encouragement.
For fccurity, manual arts exceed merchandize, and fuch as fupply the wants
•f mankind are better than thofe which minifter to their plcafure. Situationa
whi^h promife an early fettlement in marria^ are on many accounts to be
chofea Before dMfe lahtdi re(uii^a loafer watin^ for a larger elbUUihmeaC.

Duty of ParenU^ 231

An attention^ in the firft place, to the exigencies
of the children's refpeftive conditions in the world ;
and a regard in the fecond place, to their reafonable
expectations, always poftponing the'expedations to
the exigencies, when both cannot be fatisfied, ought
to guide parents in the difpofal of their fortunes
after their death. And thefe exigencies and ex-
pedations muft be meafured by the ftandard which
cuftom has eftabliihed ; for there is a certain appear-
ance, attendance, eftablifliment, and mode of living,
which cuftom has annexed to the feveral ranks and
orders of civil life ^and which compofe what is called
decency) together with a certain fociety, and partic-
ular pleafures belonging to each clafs : an(l a young
perfon^ who is withheld from fharing in thefe for
want of fortune, can fcarcely be faid to have a fair
chance for happinefs ; the indignity and mortifica-
tion of fuch a fedufion being what few tempers can
bear, or bear with contentment. And as to the fec-
ond coniideration, of what a child may reafonably ex-
ped from his parent, he will exped what he fees all or
mofi others in fimilar circumftances receive ; and we
can hardly call expedations imreafonable, which it
is impoffible to fupprefs.

By virtue of this rule, a parent is juftified in mak-
ing a difference between his children, according 2A
they ftand in greater or lefs need of the affiftancc of
his fortune, in confequcnce of the difference of their
age or fex, or of the fituations in which they arc
placed, or the various fuccefs which they have met
with.

On account of the few lucrative employments
which are left to the female fex, and by confequence
the little opportunity they have of adding to their
income, daughters ought to be the particular objeds
of a parent's care and forefight ; and ks an option
j0f marriage, from which they can reafonably ex-
peft happinefs, is not prefented to every woman who
defer<ves it, efpedally in times in which a licentious

i^a Duiy gT Parents.

cdibacy is in fafliion with the tnen, a father fhould
endeavour to enable his daughters to lead a iinglc
life with independency and decorun^i, even though
h^ fubtrad more for that purpofe from the portions
of his fons» than b agreeable to modern ufa^e, or
than they expert*

But when the exigencies of their feveralfituations
are provided for, and not before, a parent ough(
to admit the fecond confideration, the fatisfadion of
hi3 children's expectations ; and upon that principle
to prefer the ejdeil fon to the reft, and fons tcr
daughters : which conftitutes the right, and the
whdie right of primogeniture, as weU as the only
reafo^ for th^ preference of one fcx to the other.
The preference, indeed,^ of the firft born has one
public good effect, that if the cftate were divided
equally amongft the fons, it would probably make
theip all idle \ whereas, by the prefent role of de-
fc^nt, it makes only one fo ; which is the lefs evil of
th^ two. And it muft farther b? obferved on the
part of fp]]U9» that if the reft of the community make
\% a rule to prefer fons to daughters, an incQvidtrat
of that community ought to guide himfelf by the
iame rule, upon principles of mere equality. For,
as the foin (vflSsrs by the rule in the fortune he may
exped in ms^rriage, it is but reafonable that he
i^ould receive the advantage of it in his own inher-
itance. lAdeed, whatever the tule be, as to the
p^crence of one fex to the other, marriage reftores
the equality. And as money is generally more
convertible to profit, and more likely to promote
induftry, in the hands of men than of women, the
cuftom of this country may properly be complied
with, when it does not interfere with the weightier
reafon explained in the laft paragraph.

The point of the children's adual expeAations, to*
gether with the expediency of fubje<fVing the illicit
commerce of the fexes to every difcouragement
which it ca^ recdve, makes the difference between
thedaims of legitimate children and of baftards. But

Duty df TarmL 1J5

geither reafoh wiQ in any csife juftiff the lesrvin^ Off
bafbrds to the world, without provifion, education^
ar profeffion ; or, what is more cnKd, without thd
means oF continuing in the fituation to which the pa*
rent has introduced them : which lafb, is to leave
them to inevitable mifery.

After the firft requifitc, namely^ a provifion for
the exigencies of his fituation^ \% fatisfied, a parent
may diminifli a chiid^s portion, in ord^r to puniflf
any flagrant crime, or to punifii contumacy und
t^nt. of filial duty in inftances not other^ife crimi«
nal J for a child who is confcious of bad behariottr,
or of contempt of his parent's. wiU and hdppinefs^
cannot reafonably ^peft the fame infiances df his
munificence.

A child's vices may be of that fort, and his vicious
kabits fo incorrigible, as to aflford much the fame
roafon for believing that he i^l warfte or niifemploy
the fortune put into his pov^er, sts if hb were mad oi
Idiotiih, in which cafe a parenft may treat bini as l
mad man or an idiot \ that isy may deem it fufficient
to provide for his fupport by an annuity equal to
bis wants and innocent enjoymrents, and wli^h he
may be refirainedi from alichzttihg. This feems to be
the only ca^e in which actifinherifon, tiearly abfolute,
is juftinable.

Let not a faither hope to excufe an inofficious dif*
pofitxon of his fortune, by alleging^ that " every
man rtay do what he will with his 6wn.'* AH the
truth which this exprefiion contains^ is, that his
difcretion is under no control of law ; and that his
wiH^ however capricious, will be Valid* This by no
means abfolves his confcience from the obligations
of a parent, or imports that he may neglect, with*
out injufiice, the feveral wants and eXpe^ations of
jhis family, in order to gratify a whiiA or a pique,
or indulge a pref(&rence founded ii!i no reafonable
diftinAion of merit or fituation. Although in his
intercourfe with his family, and in the lefler endear-
jBents of domeftic life^ a parent may d6t always

$34 J^^ 9f P^rents*^

tefi& his partiality to a favouritc'dhild (wMch, how«
ever, fliould be both avoided and concealed, as often«
times produftive of lading jealoufies and difcon-
tents;) yet, when he fits down to make his will,
thefe. tendernefles muft give place to more manly de-
liberations.

• A father of a fatoily is bound to adjuft his econo-
my with a view to thefe demands upon his fortune;
and until a fufficiehcy for thefe ends, is acquired, or
in due time probably will be acquired (for in human
affairs probability ought to content us) fruffaHty and
csiertions of induftry are duties. He is alto juftificd
In the declining expenfive liberality; for^ to. take
from thofe who want, in order to cive to thofe who
want, adds nothing to the ftock ofpublic happine&.
Thus ftr, tbereforcj and no fartlrer, the plea of
*^ children,"' of " large femilies,'' ^' charity begin&a£
hottie/' &c. is an excufe for parfimony, and an an-
fw?r Ip thofe who folicit our bounty. Beyond this
point, as the ufe of riches becomes lefs, the defire of
laying up fhould abate proportionahly. The truth
is, our children gain not fo n^uch as we imagine, in
the chance of this world's happinefs, or even of its
external profperity, by fetting out in it with large
capitals. Of thc^e who have died rich, a great part
began with little. And, in refpccl of enjoyment,
ihiere is no coiaeiparifon betwceri a fortune, which a
^jnan acquires by well applied induilry, or by a feries
of fucceffcs in bi^ bufinds,. and one found in his pot.
feffion, or received, from another.

A principal parj of a parent's^duty is ftill behind,
v%zr. the nfing of proper precautions and expedients,
in order to form and preferve his children's, virtue
. Ti) us, who biclieve that in one ftage or other of
our cxiftence virtue will conduct to. happinefs, and
viqe terminate iq rnifery ; and who obferve withal,^
'that men's virtues and vices are, to a certain degree,
prodjU^ed or affefted by the management of their
youth, and the fituations in which they are placed ;
to ail who attend to. thefe reafojis, the obligation to

liaff of yarentl^ ^ \%^

cbriWt % cRM's virtue will appear to diiFer in noth-
ing from that by which the parent is bound to pro-
vide for his maintenance or fortune. The child'j
interefk i^concerned in the one means of happinefs as
well as in the other ; and both means are equally,
and alniofi exdufively^ in the parent's power.

For this purpofe, the firft point to beehdea^Oured
after is, to imprefs upon children the idea of accotinU
nbUnefs^ that is, to accuftom them to look forward t^
the confequehces of their adions in another world j
which can only be brought about by the parents
vifibly aAingi with a view tothde confcquentes them-
fehres. - Parent^^to do them juftice, are feldom fpar-
ing in loiTons of virtue and religion ; in admonitions
which coft little, and which profit lefs ; whilft their
^fcample exhibits a continual contradi^ion of what
they teadi; A father, for inftance, will, with much
-folemnity and apparent earneftnefs, wai*n his fon
^gainft idlenefs, excefs in drinking, debauchery, and
•extravagance, -who himfelf loiter$ about all day with-
out empdoyment ; comes home every night drunk i
is made infamous in his neighbourhood by feme prof^
Jigate connexion ; and waftes the fortune which
ihould fupport or remain a provifion for his family
in riot, or luxliry, or oftentation. Or he will dif-
courfe gravely before hischildren of the obligation,
and importance of revealed religion, wliilft they fee
the. moft frivolous and oftentimes feigned excufes
idetalq him from its reafonable Andfolemn ordinances.
.Or.he williet before them, perhaps, the fupreme and
tremendous- authority of Almighty God ; that fuch
.abeing ought potto be named, or even thought up-
on, without fentiments of profound awe and venera-
.tion. This may be the kfture lie delivers to his fam-
ily one hour ; when the next, if an occafion arife to
.excite his anger, his mirth, or'his furprife, they will
hear him treat the name of the Deity with the moft
irreverent profanation, and fport with the terms and
I denunciations of the Chriftian religion,' as if they
were the language of fome ridiculous and long ex-

t^6 .. Duly ^ JNirentK

ptoded fiipiriHtidm No#» even a cliUd & oot fb be
impofed upon by fuch mdckeryi Hb fefes through
the grimace of this counterfeited concern for virtuet
He diftovef s that his parent is ading a patt ; and
receives his admonitions aii he would hear the fame
maxims from the mouth of a player* And whea
tact this opinion has taken po&ifion of the child'^
mind^ it has ist fatal efTeft upon the parent's influx
ence in all fUbjedts \ even iii thofe, in ^hich he Urn*
felf may be fincete and convinced^ Wheirea$ a &
lent, Init obfervable regaird to the duties of reUgidn^
in the parentis own behaviour, will take a fure and
gradual h6ld of the child's difpofition, much beyohd
lormfid reproofs and chidings, which, being ^ner^
ally pfonftpted by fome prefent provocation, difcov>b
cr more of singer than of princij^e, and are always
received with a temporalry aliensition and difguft.

A good parent's firfl: care is to be virtuous hiin^
felf ; his fecotid, to make his virtues as eafy and en^^
gaging to thofe about hitn, as their nature will ad*
mit. Virtile itfelf offends^ when coupled with forw
bidding manners. And (bme Virtues may be urged
to fuch excels, or brought forward fo unfeafonably,
as to difcourage and yepel thofe, who obferVe and
who are a6bed upon by them, inftead of exciting an
inclination to imitate and adopt them« Young
minds are particularly liable to thefe unfortuikatt
impreiIions« For inftance, if a father's economy de*
generate into a minute and teaiing parfimony; it is
odds but that the fon, who has fuffered under it, fbt
out a fworn enemy to all rules of order and frugal*
ity. If a father's piety be morofe, rigorous, wd
tinged with melancholy, perpetually breaking in up*
on the recreation of his family, aiid furfeiting them
with the language of religion . upon all occaiiona,
there is danger Icfl the foh carry from home with
him a fettled prejudice againfl ferioufnefs and relig-
ion, as inconfiftent with every plan of a pleafurabk
life ; and turn out, when he mixes with the worlds
a character of levity or diffolutenefs.

ttighs of Parents ftjy

Something likewife may be done towards the cor*
fecting or improving of thofe early inclinations
which children difcovcr, by difpofing them into fit-
tuitions the leaft dangerous to their particular char*
adelrs. Thus, I would make choice of a retired Ufc
for young perfons addiAcd to licentious pleafures i
of private ftations for the proud and paffionate ; or
liberal profe£Gions, and a town life, for the mercenary
and ibttiih : and not, according to the generkl pra<;-
tice of •parents, fend diffolute youths into the army ;
penurious tempers to trade ; or make a crafty lad
an attorney ; or flatter a vain and haughty temper
with elevated names, or fituations, or caUings, to
which the faihion of the world has annexed prece«
dency and diftindion, but in which his difpoution^
withomt at all promoting his fuccefs, will ferve both
to multiply and exafperate his difappointments. In
the lame way, that is, with a view to the particular
frame and tendency of the pupil's charafter, I would
make choice of a public or private education. The
referved, timid, and indolent, will have their facuU
ties called forth and their nerves invigorated by a
public education. Youths of ftrong fpirits and paf-
fions will be fafer in a private education. At our
public ichools, as far as I have obferved, more litera-
ture is acquired, and more vice : quick pafts are cuU
tivated, flow ones are neglected. Under private tu-
ition, a moderate proficiency in juvenile learning is
feldom exceeded, but with more certainty attained*

C|)aptet X-

THE RIGHTS OF PARENTS.

1 HE Rights of Parents refult from their du-
ties. If it be the duty of a parent to educate his
children, to form them for a life of ufefulnefs and
virtue, to provide for them fituatioi^s needful for
their fubfittence and fuited to their circumflances^
and to prepare them for thofe iltuations -, he has i

238 Rights of Parents.

right to foch authority, and in fupport of that au-
thority to exercife fuch difcipline, as may be neceffa*
ry for thefe purpofes- The law of nature acknowl-
edges no other foundation of a parent's right over
his children, befide his duty towards them (I fpeak
now of fuch rights as may be enforced by coercion.)
This relation confers no property in their perfons, or
natural dominion over them^as is commonly fuppofed.
. Since it is, in general, neceffary to determine the
deftination of children, before they are capable of
judging of their own happinefs, parents have a right
to elect profeffions for them.

As the mother herfelf owes obedience to the father,
her authority muft fubmit to his. In a competition,
therefore, of commands, the father is to be obeyed.
In cafe of the death of either,- the authority, as well
as duty, of both parents devolves upon the furvivor.

Thefe rights, always following the duty, belong
likewife to guardians ; and fo much of them, as is
delegated by the parents or guardians, belongs to tu- "
tors, fchoolmafters, &c.

From this principle, " that the rights of parents
xefult from their duty," it follows, that parients have
no natural right over the lives of their children, as
was abfurdly allowed to Roman fathers ; nor any to
j^xercife unprofitable feverities ; nor to cbmmand the
commiffion of mmes ; for thefe rights can never be
wanted for the purpofes of a parent's duty.

Nor, for the fame reafon, have parents any right
to fell their children into flavery. Upon which, by
the way, we may obferve, that the children of flaves
are not, by the law of nature, born flaves ; for, as
the mailer's right is derived to him through the pa-
rent, it can never be greater than the parent's own.

Hence alfo it appears,-that parents not only pervert,
but exceed their juft authority, when they confult
their own ambition, intereft^ or prejudice, at the
tnanifeft expenfe of their children's happinefs. Of
>^hich abufe of parental power, the following are in*
ftances : the Ihutting up of daughters and younger

Dutf 0f Childreru < 339

Cons id nunneries and monafteries, hi order to pre-
ferve entire tjiie eftate and dignity of thq family ; or
the ufing of any arts^ either of kindnefs or unkind-
nefs, to induce them to make choice of this way of
life themfelves ; or, in countries where the clergy
are prohibited from marriage, putting fons into the
church for the fame end, who are never likely either
to do or receive any good jn it, fufficient to compen-
fate for this facrifice ; the urging of children to mar-
riages from which, they are averfe, with the view of '
ipxalting or enriching the family, or for the fake o£ -
conneAing eftates, parties, or interefts ; 05 the op-
pofin^ of a marriage, in which the child wotild prob-
ably nnfl his happinefs, from a motive of pride or av-
arice, of family hoftility^ or perfonal pique.

CJaiitcr XL ,

THE DUTY OF CHILDREN.

1 HE Duty of Children may be confidered,
- L During childhood. II. After they have attain-
ed to manhood, but continue in their father's family.
III. After they have attained to manhood, and have
left their father's family.

L During childhood.

Children muft be fuppofed to have attained to fome
degree of difcretion before they are capable of any
duty. There is an interval of eight or nine years,
between the dawning and the maturity of reafon, in
which it is neceffary to fubjecl the inclination of
children to many reftraints, and direft their applica-
tion to many employments, of the tendency and
ufe of which they cannot judge ; for which caufe,
the fubmiflion of children during this period muft
be ready and implicit, with an exception, however, of
any manifeft crime, which may be commanded them.

IL After they have attained to manhood^ but continue
in their father^ s family.
Go

a4o DiOy of Cbitdren.

If children^ t/htn they are grown up, voluiftarily
continue members of their father's fapdily, they are
bound, befide the genie]:al duty of gratitude to their
parents, to obferve fuch regulations of the family as
the father ihall appoint ; contribute their labour to
its fuf^rt, if required ; and confine themfcives to
fuch expenies as he fhall allow. ' The oUigation
would be the fame, if thf y were admitted into any
other family, or receiiyd fupport from any other hand.

IIL After they have attained ta manhood^ and bav4
left their father* s family.

In this ftate of the relation, the duty to parents i^
fimply the duty of gratitude ; not diflFerent^w IbW,
from that^which we owe to any other benefaftor ;
in degree^ juft fo much exceeding other obligatioiis,
by how much a parent has been a greater benefador
than any other friend. The fervices and attentions,
by which filial gratitude ro^y be tefti^ed, c^p be
com^rifed within no enumeration. It will fhew it-
felf m compliances with the will of the parents^
however contrary to the child's own taHe or judg-
ment, provided it be neither criminal, nor totally in-
confiftent with his happine& ; in a confiant endearv*
our to promote their enjoyments, prevent their wifh*
es, and foften their anxieties, in fmall matters as well
as in great ; in afiifting them in their bufinefs ; in
contributing to their fupport, eaie, or better accom*
modation, when their circumftances require it ; in af^
fording them our company, in preference to more
amufing engagements} in waiting upon their fick^
nefs or decrepitude ; in bearing with the infirmities
oi their health or temper, with the peeviihnefs and
complaints, the unfaihionable, negligent, auftere man^
ners, and ofienfive habits, which often attesd upon
advanced years : for where muft old age find indul*
gence, if it do not meet withjLt \n the piety and par*
tiality of children ?

The moft ferious contentions between parents and
their children, are thofe commonly which relate tQ
marriage, or to the choice of a profefTion*

Day if Cbildtefi. £41

A parent has, in no cafe, a Vight M dcftroy his
child's hap^inefs. If it ht true, therefore, that there
exifi fuch perfonal and exclufiv^ attachments between
individuals of different fexes, that the pofleffion of a
particular man or woman in marriage be really nec-
tary fer the child's happinefs ; or if it be true, that
an averfion to a particular profeffion may be involun-
tary and unconquerable ; then it wiH follow, that pa-
xents» where this is the cafe, ought not to urge theif
authority, and that the child is not bound to obey it.

The point is, to difcover how far, in any particu*
)ar tnfiance, this is the cafe. Whether the fondnefs '
of lovers ever continues with fuch intenfity, and fo
long, that the fuccefs of their defires conftitutes, or
the diiappointmerit a^fe^, any confiderable portion
of their happinefs, compared with that of their whole
life^ it is difficult to determine ; but tliere can be n»
difficulty in pronouncing, that not one half of thofc
attachments which young peodle conceive with fo
much hafte and paffion, are ot this fort. I believe
Jt jJfo to be true, that there are few averfions to a
profeffion^ which refoiution, perfeverance, activity
in going about the d«ity of it, and above all, defpait
of changing, will not fubdue : yet there are fomc
fuch. Wherefore, a child who refpeds his parents^
judgment, and is, as he ought to be, tender of their
happinefs, owes, at leaft, fo much deference to their
will, as to try faurly and faithfully, in one cafe, wheth-
er dme and abfence will not cool an affi:£lion which
they difapprove ; and, in the other, whether a long-
er continuance in the profeffion which they have
chofen for him, may not reconcik him to it. The
whole depends upon the experiment being made on
the child's part with fincerity, and not merely with
» defien of compaffing his purpofe at laft, by means
of a mnulated and temporary compliance. It is the
nature of love and hatred, and <tf all violent affisAions,
to delude the mind with a perfuaiion, that we ihall
always continue to feel them, as we feel them at
prefent : we cannot conceive that they will either

24a J)tdy of Children.

change or ceafe. Experience of fimilar bt gr«itcr
changes in oiirfelves, or a habit of giving credit to
^ what our parents, or tutors, or bool^ teach us, may
control this perfuafion : othcrwife it renders youth
very untraftable ; for they fee dearly and truly that
it is impoffible they fliould be happy under the cir*
cumftances propofed to them, in their prefent ftatc
of mind. After a fincere but ineflfeclual endeavour,
by the child, to accommodate his inclination to his pa*
rent's pleafure, he ought not to fuffer in his parent's
afFeftion, or in his fortunes. The parent, when he
has reafonable proof of this, ihould acquiefce : at all
events, the child is then at liberty to provide for his
own happinefs.

Parents have no right to urge their children upon
marriages to which they are averfe ; nor ought, in
any fliape, to refcnt the children's difobediencc to
fuch commands. This is a different cafe from oppof-
ing a match of inclination, becaufe the child's mif«
ery is a much more probable confequencc ; it being
eafier to live without a perfon that we love, than
with one whom we hate. Add to this, that compul-
fion in marriage neceffarily leads to prevarication ;
as. the rcluftant party promifes an affeftion, which
neither exifts, nor is expefted to take place ; and
parental, like all human authority, ceafes at thci
point where obedience becomes criminal.

In the abovementioned, and in all contefts be-
tween parents and children, it is the parent's duty
to reprefent to the child the cOnfequences of his
condud ; and it will be found his beft policy to rep-
refent them with fidelity. It is ufual for parents to
exaggerate thefe defcriptions beyond probability,
and by exaggeration to lofe all credit with their
children ; thus, in a great meafure, defeating their
own end.

Parents are forbidden to interfere, where a truft
is repofcd perfonally in the fon ; and where, confe-
quently, the fon was expefted, and by virtue of that
expectation is obliged, to purfue his own judgmenti

X>uty of Cbildreru 43«

•

and not that of any other : as is the cafe with judi-
cial ipagiftrates in the execution of their office;
with members of the legiflaturer in their votes ;
with eleftors, where preference is to be given to
certain prefcribed quahfications. The fon may bS\&
his own pidgmeiit by the j^dvice of his father, or of
any one whom he choofes to confiilt : but his own
judgment, whether it proceed upon knowledge or
authority, ought finally to determine his condud*

The duty of children to their parents was thought
Worthy to be made the fubjeft of one of the ten
commandments ; and, as fuch, is recognized by
Cbrifi^ together with the reft of the moral precepts
of the decalogue, in various places 6f the gofpel.

The fame Divine Teacher's fcntiments concerning
the relief of indigent parents, appear fufficiently from
that manly and deferved indication, with which
he reprehended the wretched cafuiftry of the Jexui/h
expositors, who, under the name of a tradition, had
contrived a method of evading this duty, by con-
verting, or pretending to convert, to the treafury
t>f the temple, fo much of their property, as their
diftrefled parent might be entitled by their law to
demand.

Agreeably to this law of nature and Chriftianity,
children are, by the law oi England^ bound to fupport
Z^ well their immediate parents, as their grandfather
and grandmother, or remoter anceftors, who ftand
in need of fupport.

Obedience to parents is enjoined by St. Paul to the
Ephejiansi "Children, obey your parents in the
Lord, for this is right ;'* and to the Coloffians .-
^' Children, obey your parents in all things, for this
is well pleafing unto the Lord/'*

By the Jewijh law, difobedience to parents was in
fome extreme cafes capital. Deut. xxi. 18.

• Upon which two phrafcs, «« thia is right," and « for this I* well pleafifig
ijnto the L6rd," being ufed by St. Faul in a fcnfc pcrfccUy parallel, we may
pbfcrvc, that moral TciStitude and conformity to thi divine will, were, ia
|us apprchcniion} the lame, %

BO O k IV.

— — -- ^ "

Sl)aiied to OuTdciutd.

HIS divifion of the fubjeA is retained mere*
ly for the fake of method^ by which the writer and
the reader are equally affifted. To the fubjeft itfelf
it imports nothing ; for the obligation of all dutiai
being fundamentally tiie fame, it matters little under
what dais or tide any of them are confidered. In
ftriAnefs, there are few duties or crimes, which ter-
minate in a man's fclf ; and^ fo far as others are a£-
fefted by their operation, they have been treated of
in fome article of the preceding book* We have
referved, however, to this head, the rifbis cf felf^de^
fence ; alfo the confideration of drunkennefs zrid/tti^
ade^ as offences againft that care of our faculties, anci
prefervation of our perfon, which we account duties^
and call Duties to Our/elves.

THE RIGHTS OF SELF-DEFENCE-

It has been aflerted, that in a ftate of nature
we might lawfully defend the moil infignificant
right, provided it were a perfect, determinate righu
by any extremities which the obftinacy of the aggref-
for rendered neceffary. Of this I doubt ; becaufe I
doubt whether the general rule be worth fuftaining
at fuch an expenfe, and becaufe, apart from the gen-
eral confcquence of yielding to the attempt, it can-

Rights of Self^Defence. ^45

net be contended to be for tne a:tigmentation of hu-
man happineis, that one man fliouTd lofe his life or a
Hmb, rather than another a pennyworth of his prop-
erty. Neverthclefs, perfeft rights can only be dit
tinguiihed by their value ; and it is impoflible to af-
certain the value, at which the Kberty of ufing ex-
treme violence begins. The perfon attacked muft
balance, as well as he can, between the general con-
fequence of yielding, and the particular effed of re*
iiflance.

However, this right, if it exift in a ftate of nature,
is fufpended by the eftablifhment of civil fodety j
becaufe thereby other remedies are provided againft
attacks upon our property, and becaufe it is necefla-
ry to the peace and fafety of the community, that
the prevention, puniihment, and redrcfs of injuries
be adjufted by public laws. Moreover,* as the indi-
vidual is ailifted in the recovery of his right, or of a
compeuiation for his right, by the pubhc ftrength.
it is no lefs equitable than expedient, that he ihoula
fubmit to public arbitration, the kind as well as the
weafure of the iatisfaftioa which he is to obtain.

Thece is one cafe in which all extremities are juf«
tifiatde, namely, when our Gfe is aifaulted, and it be-
comes neceflary for our prefervation to kHl the af-
iailant. This is evident in a ftate of nature ; unlefi
it can be ll^own, that we are bound tf prefer the ag-
greffor's life to our own, that is to ^y, to love our
enemy better than ourfclves, which can never be a *
debt of juftice, nor any where appears to be a duty
of charity, '^^or is the cafe altered by our living in
civil fociety ; becaufe, hj the fuppofition^ the iaws
ef fociety cannot interpoiie to proted us, nor by th«
"iKlture of the cafe compel reftitution. This liberty
y is reftrained ta caies, in which no other probable
^eans of prdG^rving our life remain, as flight, calU
ing for afliftance, difarming the adverlary, &c. The
rule holds, whether the danger proceed from a voL-
untary attack, a^ by an enemy, robber^ or aflaiEn |

94^ Rigbts ^ Self-DefhtM.

or from an involuntai^ one, as by a madman, of
perfon iiDking in the water and dragging us after
nim ; or where two perfons are reduced to a fitua-i
tion, in which one or both of them muft perifli ; as
in a ihipwreck, where two feize upon a plank, which
will fupport only one : although, to fay the truth,
thefe extreme cafes, which happen feldom, and hard*
iy, when they do happen, admit of moral agency,
are fcarcdy worth mgitioning, much lefs difcuiling
at length*

The inftance, which approaches the neareft to the
prefervation of life, and which feems to juftify the
fame extremities, is the defence of chaflity.

In all other cafes, it appears to me the. fafeft to
confider the taking away of life as authorized by the
law of the land ; and the perfon who takes it away,
as in the iituation pf a minifter or executioner of
the law.

In which view, homicide, in England^ is juftifiable^

1. To prevent the commiffion of a crime, which,
when committed", would be punilhable with death.
Thus it is lawful to (hoot a highwayman, or one at*
tempting to break into a houfe by night ; but not
fo if the attempt be made in the day-time ; which
particular diftindion, by a confent of legiflation that
is remarkable, obtained alfo in the Jewijh law, as
Hjcll as io^the jfiws both of Greece and Rome*

2. In neceffary endeavours to carry the law into
' execution-, as in fuppreffing riots, apprehending mal-
efactors, preventing efcapes, &c.

I do not know that the law holds forth its author-
ity to any cafes befide thofe which fall within one
or other of the above defcriptions; or that, aftelu
the exception of immediate danger to life or chara-
ty, the deftruftion of a human being can be inno- -
cent without that authority. '

The rights of war are not here taken into' the

account.

JOrunkennefs. 947

Cliapter il

DRUNKENNESS.

Drunkenness is either aaual or haWtual ;
juft as it is one thing to be drunk, and another to
be a drunkard. What we fliall deliver upon the fub-
jeft, muft principally be underftood of a habit of in-
temperance; although part of the guilt and danger
defcribed may be applicable to cafual excefles ; and
all of it, in a certain degree, forafmuch as every hab-
it is only a repetition or fingle inftances.
' The mifchief of drunkennefs, from which we are
to compute the guilt of it, confifts in the following
bad effeds : • -

1. It betrays moft conftitutions either into extrav^
agancies of anger, or fins of lewdncfs. ' • ^ *

2. It difqualiiies men for the duties of their ftation*^
both by the temporary diforder of their faculties, Ami
at length by a conftant incapacity and ftupefadionl

3. It is attended with expenfes, Which can often
be ill fpared,

^ 4. It is fure to occafion uneafinefs to the family
x>f the drunkard.

5. It (hortens life.

To thefe confequences of drunkennefs mud be add-
ed the peculiar danger and mifchief of the example^
Drunkennefs is a focial feftive vice-j apt, beyond any
vice that can be mentioned, to draw in others by the
example. The drinker colleAs his circle ; the circle
naturally fpreads ; of thofe who are drawn within it,
many become the corrupters and centres of fets and
circles of their own j every one countenancing, and,
perhaps, emulating the reft, till a whole neighbour-
hood be infefted from the contagion of a Angle exam-
ple, This account is confirmed by what we often ob-
ferve of drunkennefs^ that it is a local vice ; found to
prevail in certain countries, in certain diftrifts of a
country, or in particular towns, without any reafon
Hh

24^ DnunkennefsM

to be given for the faihion, but that it had been intro-
duced by fome popular examples* With this obfcrva-
tion upon the fpreading <]^uitUty of drunkenncfs, let us
conneft a remark which belongs to the feveral evil ef-
fsftsabove recited* The eonieqyiences of a vic:e» like
Ihe^fymptoms of a (lifeafe, though they be all enume-
rated in the defcription, fi^dom all meet in the fama
f^bje^i In the inuance undfir; confideration, the age
and teoiperature of one drunkard may have little to
fear from jpflamni^tions oIF luft or anger ; the fortune
Qf a fecpnd X9^7 not be injured by the expenfe ; a third
may have uq fsuRily to be difmiieted by his irregu«
kuritics ; and a fourth iQay pofiels a conftitution for-
tified ag2U()i^.th( poifQD of ftrong liquprs. But if^
as we always ought to do, we comprehend within
t^ conie<^cince$ of our condud the mifchief and
tendency of the example* the above circumftances^
however, fortunate for the individual, will be found
to vary the gq$lt of his intemperance, lefs, probably^
a^tk he fuppofesi The moralift may expoftulate
with him 1hu3 : Although the wafte of time and
money be of fmall importance to you, it may be of the
iitiiEiott to fome one or other whom your fociety cor-
rupts. Repeated, or long continued excefles, which
hurt not your health, may be fatal to your companion.
Although ypu have neither wife, nor child, nor' pa*
jrent, to lament your abfence from home, or e2:ped
your return to it with terror ; other fsimilies, id
which hufbands and fathers have been invited to
(hare in your ebriety, or encouraged to imitate it,
may juftly lay their mifery or ruin at your door.
This will hold good, whether the perfon feduced>
be feduced immediately by you, or the vice be prop-
agated from you to him, through feveral intermedi-
ate examples. All thefe con£derations it is necelTa-
ry to aflfemble, to judge truly of a vice, which ufualr
ly meets with milder names, and more indulgence
than it deferves.

.1 on^it thofc outrages upon one another, and upon
the peace and (afety of the neighbourhood, in which

dnttik^n terds e^eh end; and alib tbofe ddtt^rU
fms and maniacal efFefts, whieh fifong liquors pro^
fduce upon particular conftitutions ; becaufe, in gen-
eral propolitions concerning arunkenneis, no conie-
j|uences ihould be included, but what are confiant
enough to be generally e^pe£bed.

Drunktaneis is repeatedly forbidden fay St. Paul:
•*Be not dr\ink with wine, wherein is e^icefs/'
** Let US walk honefBy as in the day, not in rioting
4iid ^ drunkenneis.^ ^^ Be nbt deceived : neither
Ibrnieators — ^nor drurikardsy nor ^rcviicrs, noy cfXot^
tioners, (hall inherit th? kingdo^i of Gbd," Efb. V.
1 8. R(m* xiii. 13. i Cor. yL 9, to. The fame Apbflip
likewife condemns drynkennefe, as peculiarly incon-
fiftcnt with the Chriftian pf pfeflion : " They that be
drunken, a^e drunken in the night ; but let us, who
*re of the day, be fobcr." i Tbef. v. 7, 8. We arc not
^ncerned with the argument ; the words amount
to a prohibition of drunkennefi ; and the authority
4s condufive.

It £s a queftion of fome importance, how &r drunk*
enneis is an e^cui^ for the crimes which the drunk«
^ perfon commits.

In the folution of this quefiion, we wiH firft fup-
pffe the drunken perfon to be altogether deprived of
moral agency, that is to lay, of all refleftion and fore-
fight* In tUisi condition, it is evid^t, that he is no
more capable of giiilt than a madman ; although,
like him, he may be eijlremely mifchievous. The
only guilt, with which he is chargeable, was incurred
at the time when )ie voluntarily brought himfelf in^
to this fituation. A^id as every m^n is reQ>onfible
for the confequfinces which he fo^efaw, or might
have forefeen, and for no other, this guUt will be in
proportion tp the probability of fuch confequences
cnfuing. From virluch principle refults the foHdwing
rule, viz. that the guilt of any a&ion in a drunken
man bears the fame proportion to the guilt of tbe
like %Bii<m in a fober man, that the probability of
its being the confequence of d3:imkenQe& bea^s to a)^

d5^ Drunkemeji.

folate certainty. By virtue of tfcis rule, thofe vices,
which are the ktmvn eflFeft of drunkenneis, either
in general, or upon particular conftitutions^.are, in
all, or in men c^.fuch conftitutions, nearly as crimi-
saly lis if committed with all their faculties and
fenfes about them.

If the privation of reaibn be only partial, the guilt
will be of a mixt nature. For io much of his felf-
government as the drunkard retains, he is as refponfi-
ble then, as at any other time. He is entitled to no
abatement, beyond the ftrift proportion in which
his moral fsiculties are impaired. Now I call the
guilt of the crime, if a fober man had committed it,
the whole guilt. A perfon in the condition we de-
fcribc, incurs part ot this at the inftant of perpetra-
tion ; and by bringing himfelf into fuch a conditioit,
incurred that fraction of the remaining part, which
the danger of; this confequence was of an integral
certainty. For the iake of illufiration, we are at litv
erty to luppofe, that a man lofes half his moral facul-
ties, by drunkennefs : this leaving him but half his
refponfibility, he incurs, when he commits the adion,
half of the whole guilt. We will alfo fuppofe that
it was known beforehand, that it was an even chance,
or half a certainty, that this crime would foDow his

getting drunk. This makes him chargeable with
alf orthe remainder ; fo that altogether, he. is re-
Qxmfible in three fourths of the guilt, which a fober
man would have incurred by the fame adion.

I do hot mean that any real cafe can be reduced to
numbers, or the calculation be ever made with arith-
metical preciiion : but thefe are the principles, and
this the rule, by which our general admeafurement
of the guilt of fuch offences mould be regulated.

The appetite for intoxicating liquors appears to me
. to be almoft always acquired. One proof of which is,
that it is apt to return only at particular times and
places ; as after dinner,. in the evening, on the mar-
ket day, at the market town, in fuch a company, at

DrUnhnm/s, ^$t

fuch a tavern. And this may be the reafon, that if
a habit df drunkenncfs be ever overcome, it is upon
fome change of place, fituation, company, or profef-
fion. A man funk deep in a habit of drunken nefe;
will upon fuch occafions as thefe, when he finds him-
felf loofcned from the affociations which held hint
•fail, fbmetimes make a plunge, and get out. In 1
matter of fo great importance, it is well worth while,
where it is in any degree prafticable, to change our
habitation and fociety, for the fake of the experiment;
Habits of drunkennefe commonly take their rife
cither from a fondnefsfor and connexion with fome
company, or fome companion, already addifted to
this practice j which affords an almoft irrefillible in-
vitation to take a ihare in the indulgences, which
thofe about us are enjoying with fo much apparent
retifii and delight : or from want of regular employ-
ment, which is fure to let in many fuperfluous crav-
injffs ^nd cuftoms, and often this amongft the reft ; or,
lauly, from grief or fatigue, both which ftrongly fo-
licit that relief which inebriating liquors adminiftef,
atxl alfp furniih a fpecious excufc for complying
-with the inclination. But the habit, when once fet
in, is continued by different motives from thofe to
which it owes its origin. Pferfons addided to excet
five drinking fuffer, in the intervals of fobriety, and
near the return of their accuftomed indulgence, a
. faintnefs and oppreflion circa pracordia^ which it ex-
ceeds the ordinary patience of human nature to en-
'dure. This is ufually relieved for a fliort time, by a
-repetition of the fame cxcefs : and to this relief, as
to the .removal of every long continued pain, xhij
who have once experienced it, are urged almoft T>er
yond the power of refiftance. This is not all : as the
Jiquor lofes its Jiimulus^ the dofe muft be increafed, to

• reach the fime pitch of elevation, or eafe ; which in-

• creafe proportionably accelerates the progr efs of all the

• maladies that drunkennefs brings on. Whoever fc,
«fle£ts upon the violence of the craving in the advanc.
.ed ftages of the habit, and the fatal termination to

t5f * Sitkide.

^hfch thelip'atifitatidn of it leads, willy the msi|fei)t
he perceives in himfelf the firft fymptems of a grow-
jng indination tointemp^ance, GoUed his ri^olutson
to this point ; or ("what perhaps he will find his bej^
fecurity) arm himfelf with Home peremptory f ule» M
to the times and quantity pf his indulgences. I owA
myfelf a friend to the laying do^wn of rules to ow*
{pWes of this fort, and rig[idly abiding by them.
They may be exclaimed againft as ftiflf, fut they are
often falutary* Indefinite refolutions of ahftemiouf-
Aefs are apt to yield to epctrsordinary occafions ; and
€9ctraordinary occafions to occur perpetually. Wbere^
fts, the drifter the rule is, the more tenacious we
^ow of it ; and many a man will abft^n rather
than break his rule, who would not eafily be brougbt
to exercife the fame mortification from higher mo«
tives. Not to mention, that when our rule is once:
known, we arc provided with an anfwer tq every
importunity.

There is a difference no doubt, between convivi^
intemperance, and that folitary fottiflinefe, whic^i
waits neither for company nor invitation. But the
one, I am afraid, commonly ends in the other : an4
this laft is the bafeft degradation to which the &cul«
ties and dignity of human nature can be reducedr

Cl)a{iter iii,

smciDE.

1 HERE is no i^bjeS: in morality, in whicH
the confidcration of general confiquences is more neccfi
far'y than in this of filicide. "Particular and extreme
cafes of filicide may be imagined, and may arife, o£
which it would be difficult to affign the particulair
mifchief, or from that confideration alone to demon-
ftrate the guilt. And thefe cafi^s have been the
chief occafion of confiifion and doubtfulnefs in the
queftion. Albeit this is no more, than what is fomc«
times true of the mod acknowledged vices. I couUl

Suicide* iS5J

propofe many poffible cafes, even of murder, which^
if they were detached from the general rule, and
governed by their own particnlar confeqnenccsalone^
It would be no eafy undertaking to prove criminal.

The true quefiion in the argument is no other
than this-^May every man who choofes to deftroy
his life, innocently do fo ? Limit, and diftinguifh the
fubjed as you can, it will come at laft to this quefUon*

Fot, fliall we fay, that we are then only at liberty
to commit fuidde, when we find our continuance ia
life become ufelefs to mankind? Any one, who
pleafes, may make himfelf ufelefs ; and melancholy
minds af e prone to think themfelvesufelefs, when they
really are not fo* Suppofe a law were promulged, al*
lowing each private perfon to deftroy every man he
met, whofe longer continuance in the world he jude<
ed to be ufelefs ; who would not condemn the latitude
of fuch a rule? Who does not perceive that it amounts
to a permiffion to commit murder at pleafure? A fim*
ilar rule, regulating the rights over our own lives,
Would be capable of the fame exteniion. Befide
which, no one is ufelefs for the purpofe of thb plea,
but he who has loft every capacity and opportunity
of being ufeful, together with the poffibility of recov*
ering any degree of either : which is a ftate of fuch
complete defUtution and defpair, as cannot, I believe,
be predicated of any man living.

Or rather, Ihall we fay, that to depart voluntarily
out of life, is lawful for thofe alone, who leave none
to lament their death ? If this coniideration is to be
taken into the account at all, the fubjed of debate
will be, not whether there arc any to forrow for us,
but whether their forrow for our death will exceed
that which w^ fhould fuffer by continuing to live.
Now this is a comparifon of things fo indeterminate in
their nature, capable of fo different a judgment, and
concerning which the judgment will differ fo much,
according to the ftate of the fpirits, or the pref.
fure of any prefent anxiety, that it would vary little
in hypochomlriacal confiitutions from aa-unqualified

a54 Suicide.

licence to commit fuicide, whenever the diflreflef
which men felt or fancied, rofe high enough to over*
come the pain and dread of death. Men are never
tempted to deftroy themfelves,but when under theop-
preffion of fome grievous uneafincfs. The reftriftions
of the rule, therefore, ought to apply to thefe cafes.
But what effed can we look for from a rule, which
propofes to weigh our own pain againft that of anoth-
er \ the mifery that is felt, againft that which is on*
ly conceived ; and in fo corrupt a balance as the par-
ty's own diftempered imagination ?
% In like manner, whatever other rule you aiCgn, it
will ultimately bring us to an indifcriminate tolera-
tion of fuicide, in all cafes in which there is danger
of its being committed.

It remains, therefore, to inquire what would be
the effcft of fuch a toleration — evidently, the lofs of
many lives to the community, of which fome might
be ufeful or important ; the affliftion oimany families,
and the confternation of all ; for mankind muft live
in continual alarm for the fate of their friends and
deareft relations, when the reftraints of relirion and
morality are withdrawn ; when every difguft, which
is powerful enough to tempt men to fuicide, fhall be
deemed fufficient to juftify it ; and when the follies
and vices, as well as the inevitable calamities of hu^
man life, fo often make exiftence a burthen.

A fecond confideration, and perfectly diftinft from
the former, is this. By continuing in the world,
and in the exercife of thofe virtues which remain
within our power, we retain the opportunity of
meliorating our condition in a future ftate. This
argument, it is true, does not in ftridlncls prove fu-
icide to be a crime ; but if it fupply a motive to dif-
^uade us from committing it, it amounts to much
the fame t\iVf\g. Now there is no condition in hu-
man life which is not capable of fome virtue, aftivc
or jpaffive. Even piety and refignation. under the
fufferings to which we are called, teftify a truft and
^cquicfcence in th^ divine counfels, more acceptable.

Suicide*' 255

perhaps, than the moft profirate devotion ; afiFord an
edifying example to all who obferve them, and may-
hope for a recompenfe among the moft arduous of hu-
man virtues. Thefe qualities are always in the power
of the miferable; indeed of none but the miferable.

The two confiderations above ftated, belong to all
cafes of fuicide whatever. Befide which general reafons,
each cafe will be aggravated by its own proper and par-
ticular confequences } by the duties that are deferted ;
by the claims that are defrauded; by the lofs, affliftion,
or difgr ace, which our death, or the manner of it,caufes
to our family, kindred, or friends ; by the occafion we
give to many to fufpeft the fincerity of our moral and
religious profeffions, and, together with ours, thofe of
all others ; by the reproach we draw upon our order,
calling, or fed ; in a word, by a great variety of evil
confequences, attending upon peculiar fituations, with
fome or other of which every adual cafe of fuicide is
chargeable.

I refrain from the common topics of "deferting our
poft," "throwing up our truft,*' "rufliing uncalled in-
to the prefence of our Maker,*' with fome others of the
fame fort, not becaufe they are common (for that rather
affords a prefumption in their favour) but becaufe I do
not perceive in them much argument to which an an-
fwer may not eafily be given.

Hitherto we have purfued upon the fubjeft the light
of nature alone, taking into the account, however, the
expedation of a future exiftence, without which our
reafoning upon this, as indeed all reafoning upon moral
queftions, is vain. We proceed to inquire, whether any
thing is to be met with in fcripture which may add to
the probability of the conclufions we have been endeav-
ouring to fupport. And here I acknowledge, that there
is to be found neither any exprefs determination of the
queftion, nor fufficient evidence to prove, that the cafe
of fuicide was in the contemplation of the law which
prohibited murder. Any inference, therefore, which
we deduce from fcripture, can be fuftained only by con-
firuftion and implication ; that is to fey, although they,
I I

^5^ SiUiclde.

who were authorized to inftruft mankind, hare not
decided a queftion, which never, fo fiar as appears to
us, came before them j yet, I thisk, they haTe left
enough to conftUute a prefumption, how they would
have decided it, had it been propofed or thought of*
What occurs to this purpofe is contained in the
following obfcrvations :

1 . Human life is fpoken of as a term affigned or pre-
Dcrlbed to us. " Let us run with patience the race that
is fet before us/' " I have finifiied my courfe.** " That
I may finifti my courfe with joy." " You have need of
patience, that after ye have done the will of God, ye
might receive the promifes.*' Thefe exfo-eifions appear
to me inconfiftent with the opinion^ that we are at lib*
erty to determine the duration of our lives for ourfdves.
If this were the cafe, with what propriety could life be
called a race thai is fet before us, or, which is the fame
thing, our courfe; that is, the courfe fet out, or appoint*
ed to us ? The remaining quotation is equally firongr :
*' that after ye have done the will of God, ye might
receive the prcw^es/' The moft natural meaning tlhat
can be given to the words, •' after ye have done the
will of God,'* is, after ye have difcharged the duties
of life fo long as God is pleafed to continue you in it.
According to which interpretation, the text militates
ftrongly againft fuicide ; and they who rejeft this par-
aphrafe, will pleafe to propcrfe a better.

2. There is not one quality, which. Chri/i and liis
Apofiles inculcate upon their followevs fo often or fo
carncftly, as that of patience under affliction. Now this
virtue would have been in a great meafure fuperfedcd,
and the exhortations to it might have been fpared, if the
difciples of his religion had been at liberty to quit the
world, as foon as they grew weary of the ill ufage which
they received in it. When the evils of life prefl'cd fore,
they were to look forward to a '-' far more exceeding
and eternal weight of glory ;" they were to receive
them "as the chaftening of the Lord,'* as intimations of
his care and love : by thefe and the like rcfieclions, they
were to fupport and improve thcmfelves under their
fufferings, but not a hint has any where cfcaped of feek-

Suicide. n^f

ing rBicf io a voluntary death. The following text, in
particular, flrongly combats all impatience of diftrefs,
of which the greateft is that which prompts to afts of
fukide : "Confidcr him that endured fuch contradic-
tion of finners againft himfelf, left ye be wearied and
fiiint in your minds/^ I would offer my comment upon
this paflage in thefe two queries ; ift^ whether a Chrit
tian co&yert, who had been impelled by the continue
tmcc and urgency of his fuflFerings, to deftroy his own
Jife, would not have been thought by the author of thie
text, " to have been weary/* " to have fainted in his
mind,^' to have fiiUen oiF from that example, which is
•Jiece propofed to tlie meditation of Chriftians in diftrefs?"
And yet, 2dly, whether fuch an act would not have
been attended with all the circumftances of mitigation,
which can excufe or extenuate fuicide at this day ?

3. The conduS of the ilpoftles, and of the ChriftjanB
of the apoftolic igc, affords no obfcure indication of
their fentimcnts upon tliis point. They lived, we are
fure, in a confirmed perfuafion of the exiftence, as well
as of the happineft of a future ftate. They experienced
in this world every extremity of external injury and
diftrefs. To die was gain. The change which death
. brought with it wa3,in their expeflation, infinitely ben-
eficial. Yet it never, that we can find, entered into the
intention of one of them, to haften this change by an aft
of fuicide : from which it is difficult toiay what motive
could have fo univcffally withheld them, except an ap-
prehenfion of fome unlawfulne^ in the expedient.

Having ftated what we have been able to colleft, in

foppofition to the lawfulnefi of fuicide, by way of direft

.proof, it feems unncceflkry to open afeparate contro-

verfy with all the arguments wliich are made ufe of to

defend it ; which would only lead us into a repetition

of what has been oficred already. The following argu-

ment, however, being fomewhat more artificial and

impofing than the reft, as well as diftinft from the gen-

. cral conuderation of the fubjecl, cannot fo properly be

. paffed over. If we deny to the individual a right over

his own life, it feems impoflible, it is faid, to reconcile

^SS Suicide.

with the law of nature that right which the fiate claims
and exercifes over the lives of its fubjeds, when it or-
dains or inflids capital punifliments. For this right,like
all other juft authority in the ftate, can only be derived
from the compaft and virtual confent of the citizens
which compofe the ftate ; and it feems felf-evident, if
any principle in morality be fo, that no one, by his con-
fent, can transfer to another a right which he does not
poflefs himfelf. It will be equally difficult to account
for the power of the ftate to commit its fubjeds to the
dangers of war, and to expofe their lives without fcru-
ple in the field of battle ; efpecially in oflFenfive hoftili-
ties, in which the privileges of felf-defence cannot be
pleaded with any appearance of truth ; and ftill more
difficult to explain, how in fuch, or in any circum-
ftances, prodigality of life can be a virtue, if the prct
crvation of if be a duty of our nature*

This whole reafoning fets out from one error, name-
ly, that the ft^te acquires its right over the life of the
fubjeft from the fubje^ft's own confent, as a part of what
originally and perionally belonged to himfelf, and
which he has made over to his governors. The truth
is, the ftate derives this right, neither from the confent
of the fubjecl,nor through the medium of that confent,
but, as I may fay, immediately from the donation of
the Deity. Finding that fuch a power in the fovereign
of the community is expedient, if not n^ceffary for the
community itfelf, it is juftly prefumed to be the will of
God, that the fovereign ftiould poffefs and exercife if.
It is this pre/umption which conftitutes the right ; it is the
fame indeed which conftitutes every other ; and if there
were the like reafons to authorize the prefiimption in
the cafe of private perfons, fuicide would be as juftifia-
ble as war, or capital executions. But, until it can be
fliown,that the power over human life may be convert-
ed to the fame advantage in the hands of individuals
over their own, as in thofe of the ftate over the lives of
its fubjefts,and that it maybe entrufted with equal fafe-
ty to both, there is no room for arguing from the ex-
fftence of fuch a right in the latter, to the toleration of
it in the former.

BOOK V.

■pMa^

S)u6lcd tow-ardd ^od.

w^mmm

DIVISION OF THESE DUTIES.

XN one fenfe, every duty is a Duty towards
God, fince it is his will which makes it a duty : but
there arc fome duties, of which God is the objeft as
well as the author : and thefe are peculiarly, and in
a more appropriated fenfe, called DutUs towards God.

That filent piety, which confifts in a habit of trac-
ing out the Creator's wifdom and goodnefs in the
objects around us, or in the hiftory of his difpenfa.
tions ; of referring the bleffings we enjoy to his
bounty, and of reforting in our diftreffes to his fuc-
cour, may poffibly be more acceptable to the Deity,
• than any vifible expreffions of devotion whatever.
Yet thefe latter (which, although they may be ex-
celled, are not fuperfeded by the former) compofe
the only part of the fubjcft which admits of diredion
or difquifition from a moralift.

Our duty towards God, fo far as it is external, is
divided into worjhip and reverence. God is the im-
mediate objed of both : and the difference between
them is, that the one confifts in aftion, the other in
forbearance. When we go to'church on the Lord's
day, led thither by a fenfe of duty towards God,
we perform an aft of worfliip : when, from the fame
motive, we reft in a journey upon that day, we dif-.
charge a duty of reverence.

a6o Duty and Efficacy of Prayer*

Divine worfhip is made up of adoration, thanlff.
giving and prayer. But, as what wc have to offer
concerning the two former, may be obferved of
prayer, we fliall make that the title of the following
Chapters, and the direct fubjeft of our confideration*

Cfjapter ii.

OF THE DUTY AND OF THE EFFICACY OF

PRAYER, SO FAR AS THE SAME AP-

PEAR FROM THE LIGHT OF NATURE.

VV HEN one man defires to obtain any thing
of another, he betakes himfelf to entreaty : and this
may be obferved of mankind in all ages and countries
of the world. Now what is univerfal, may be call-
ed natural ; and it feems probable, that God, as our
fupreme governor, fhould exped that towards him-
felf, whicn, by a natural impulfe, or by the irrefift-
ible order of our conflitution, he has prompted us to
pay to every other being on whom wc depend*

The fame may be faid of thankfgiving.

Prayer likewife is neceflary to keep up in the minds
of mankind a fenfe of God*s agency in the univerlc,
and of thejr own dependency upon him.

Yet after all, the duty of prayer depends upon its
efficacy : for I confefc myfelf unable to conceive, how
any man can pray, or be obliged to pray, who ex-
perts nothing from his prayers ; but who is perfuad-
ed at the time he utters his requeft, that it cannot
poffibly produce the fmalleft impreffion upon the Be-
ing to whom it is addreffed, or advantage to himfelf.
Now the efficacy of prayer imports, that we obtain
fomething in confequence of praying, which we
fliould not have received without prayer ; againft all
expeftation of which, the following objeftion has
been often and ferioufly alleged. " If it be moft

Duty and B^cacy of Prayer, ^6i

:^reeabk to pcrftd wifdom and juftice, that we
fbould receive what we defirc, God, as perfeftly wife
and juft, will give it to us without alkiDg : if it be not.,
agreeable to thcfe attributes of his nature, our entrea-
ties cannot move him to give it us ; and it were im-
pious to expeft that they ihould/' In fewer words,
thus ; " If what we requeft be fit for 41s, we (haU
have it without praying ; if it be not fit for us, we
cannot obtain it by praying/* This objeftion ad-
mits but of one anfwer, namely, that it may be
agreeable to perfeft wifdom, to grant that to our
prayers, which it would not haVe been agreeable to
the fame wifdom to have given us without praying
for. But what virtue, you will alk, is there in
prayer, which ihould make a favour confident with
wifdom, which would not have been fo without it ?
To this queftion, which contains the whole difliculty
attending the fubjedt, the following pofTibilities are
offered in repl)-.

1. A favour granted to prayer may ]^e more apt,
en that very account, to produce good effects upon
the perfon obliged. It may hold in the divine
bounty, what experience has raifed into a proverb
in the collation of human benefits, that what is ob-
tained without afking, is oftentimes received with-
out gratitude.

2. It may be confiftent with the wifdom of the
Deity to withhold his favours till they be afked for,
as an expedient to encourage devotion in bis ration-
al creation, in order thereby to keep up and circu-
late a knowledge and fenfe of their dependency up-
on him.

3. Prayer has a natural tendency to amend the
petitioner himfelf ; and thus to bring him within
the rales, which the wifdom of the Deity has pre-
fcribed to the difpenfation of his favours.

If thefe, or any other alEgnable fuppofitions, ferve
to remove the apparent repugnancy between- the
faccefk of prayer and the chara<^er of the Deity, it

a6a Di4ty and Efficacy of PrayeK

f

is enough ; for the queftion with the petitioner Is
not from which, out of many motives, God may
grant his petition, or in what particular manner he is
moved by the fupplications of his creatures ; but
whether it be confiftent with his nature to be moved
at all, and whether there be any conceivable motives,
which may difpofc the divine will to grant the pcti-^
tioner what he wants, in confequence of his praying
for it. It is fufficieiit for the petitioner that he
gain his end. It is not neceffary to devotion, per-
haps not very confiftent with it, that the circuit of
caufes, by which his prayers prevail, fliould be known
to the petitioner, much lefs that they ihould be pref-
ent to his imagination at the time. All that is nec-
effary is, that there be no impofiibility apprehended
in the matter.

Thus much muft be conceded to the objeftion :
that prayer cannot reafonably be offered to God
with all the fame views, with which we oftentimes
^ddrefs our entreaties to men (views which are not
commonly or eafily feparated from it) viz. to inform
them of our wants or defires ; to teafe them out by
importunity ; to work upon their indolence or com-
paflion, in order to perfuade them tO' do what they
ought to have done before, or ought not to do at all.

But fuppofe there exifted a prince, who was known
by his fubjefts to aft, of his own accord, always and
invariably for the beft ; the fituation of a petitioner,
who folicited a favour or pardon from fuch a prince,
would fufficiently refemble ours : and the queftion
with him, as with us, would be, whether, the char-
after of the prince being confidered, there remained
any chance that he fhould obtain from him by prayer,
what he would not have received without it. I do not
conceive, that the charafter of fuch a prince would
neceffarily exclude the effeft of his fubjefts' prayers ;
for when that prince reflefted, that the earneftnefs
and humility of the fupplication had generated in
the fuppliant a frame of mind, upon which the par-
don or fsLvour aiked would produce a permanent

Duty and Efficacy of Pray^er. 1^63 -

md aAive fenfe of gratitude j that the granting of
it to prayer would put others upon praying to him,
and by that means preferve the love and fubmiffion
of his fubjefts, upon which love and fubmiffion^ their
own happinefs, as well as his glory, depended ; that,
beiide that the memory of the particular kindnefs
would be heightened and prolonged by the anxiety
with which it had been fued for, prayer had in other
refpefts fo difpofed and prepared the mind of the pe-
titioner, as to render capable of future fervices him
who before was unqualified for any : might not thatt
prince, I fay, although he proceeded upon no other
confiderations than the ftrid rectitude and expedi^
ency of the mcafure, grant a favour or pardon t«»
this mariy which he did not grant to another^ who was
too proud, too lazy, or too bufy, too indifferent
whether he received it or not, or too infenfible of
the fovereign's abfolute power to give or to withhold
it, ever to alk for it ; or even to thtphilofopher^ who,
from an opinion of the fruitleffnefs of all addreffes
to a prince of the charafter which he had formed td
himfelf, refufed in his own example and difcouraged
in others, all outward returns of gratitude, acknowK
cdgements of duty, or application to the fovereign's
mercy or bounty ; the difufe of which (feeing affec-
tions do not long fubfift which are never expreffed)
was followed by a decay of loyalty and zeal amongft
his fubjefts, and threatened to end in a forgetfulneli
of his rights, and a contempt of his authority ? Thefo,
together with other affignable confiderations, and
fome perhaps infcrutable, and even inconceivable
by the perfons upon whom his will was to be exef.
cifed, might pafs in the mind of the prince, and movt
his counfels ; whilft nothing in the mean time dwelt
in the petitioner's thoughts, but a fenfe of his owft
grief and wants ; of the power and goodnefs from
which alone he was to look for relief; and of his
obligation to endeavour, by future obedience, to ren-
der that perfon propitious to hb happinefs, in whofe

264 Duty and Efficacy of Prayer.

hands, and at the difpofal of whofe mercy, he found
bimfelf to be.

The objedion to prayer fuppofes, that a perfeftly
wiie being muft neceffarily be inexorable : but where
is the proof, that inexorabilih n any part of perfect 1
wifdom ; efpecially of that wifdom, which is explain-
ed to confift in bringing about the moft beneficial
endu by the wifeft means ? ^

The objedion likewife aflumes another principle,
which is attended with confiderable difficulty and
obicurity, namely, that upon every occafion there is
9ne^ and only one mode ot afting for the hejl ; and
#hat the divine will is neceflarily determined and
confined to that mode : both which pofitions pre-
fume a knowledge of univerfal nature, much beyond
what we are capable of attaining. Indeed when we
apply to the divine nature fuch exprefiions as thefe,
** God miifi always do what is right,** " God cannot^
from the moral perfeftion and neceffity of his nature,
aft otherwife than for the beft,** we ought to apply
them with much indeterminatenefs and referve ; or
rather, we ought to cbnfefs, that there is fomething
in the fubjed out of the reach of our apprehenfion :
for in our apprehenfion, to be under a neceffity of
afting according to any rule, is inconfiftent with
free agency ; and it makes no difference, which we
can underftand, whether the neceffity be internal or
external, or that the rule is the rule of perfect refti-
tude.

But efficacy is afcribed to praver without the proof,
we are told, which can alone in^uch a fubjeft produce
convidion, the confirmation of experience. Con-
cerning the appeal to experience, I fliall content my-
felf with this remark, that if prayer were fuffisred to
difturb the order of fecond caufes appointed in the
univerfe too much, or to produce its effisft with the
fame regularity that they do, it would introduce a
change into human affairs, which in fome important
rcfpefts would be evidently for the worfe. Who,
for example, would labour, if his neceffities could be

, Duty and Efficacy df Prayer. 265

fiippKed with equ^ certainty by prayer ? How few
would contain within any bounds of moderation
thofe paflions and pleafures, which at prefent are
checked oply by difeafe or the dread of it, if prayer
would infallibly reftore health ? In fhort, if the effi-
cacy of prayer were fo confiant and obfervable as to
be relied upon before-hand^ it is cafy to forcfee that
t:l^e conduft of mankind would, in proportion to
that reliance, become carelefs and diforderly. It is
pofiible in the nature of things, that our prayers may,
m many inftances, be efficacious, and yet our experi*
cnce of their efficacy be dubious and obfcure. There^
fore, if the light of nature inftruft us by any other
arguments to hope for effeft from prayer ; ftiU more,
if the fcriptures authorize thefe hopes by promifes
of acceptance ; it feems not a fufficient reafon for
calling in queftion the reality of fuch efFefts, that our
obfervations of then^ arc ambiguous : efpecially fince
it appears probable, that this very ambiguity is nec-
eflary to the happinefs and fafety of human life.

But fome, whofe obiedions do not exclude all
prayer, are offended with the mode of prayer in ufc
amongft us, and with many of the fubjeits, which
;ire almoft univerfally introduced into public worfhip,
^nd recommended to private devotion. To pray for
particular favours by name, is to. dictate, it has been
faid, to divine wifdom and goodnefs : to intercede
for others, cfp^ci^dly for whole nations and empires^
is ftill wor£e ; it is to prefume that we poflefs fuch
an intereft with the Deity, as to be able, by our appli-
cations, to bend the moft important of his counfels ;
and that the happinefs of others, and even the proi^
perity of communities, is to depjend upon this inter-
eft and upon our choice. Now how unequal foev-
er our knowledge of the divine economy may be to
the folution of this difficulty, which requires perhaps
a comprehenfion of the entire plan, and of all the ends
of God's moral government, to explain fatisfadorily^
we.c^Q underftand one thing concerning it, that if. is
after all nettling more thaa the making of one maa

^66 . Duty and Efficacy of Prayer.

the inftrument of happinels and mifery to another ;
which is perfeftly of a piece with the courfe and order
that obtain, and which we muft believe were intended
to obtain, in human affairs. Why may we not be af-
fifted by the prayers of other men, who are behold-
en for our fupport to their labour ? Why may not
cur happinefs be made in fome cafes to depend upon
the interceffion, as it certainly docs in many, upon
the good offices of otjr neighbours ? The happinefs
and mifery of great numbers we fee oftentimes at the
difpofal or one man's choice, or liable to be much af-
fefted by his conduft : what greater difficulty is there
in fuppofing, that the prayers of ^n individual may
avert a calamity from multitudes, or be accepted to
the benefit of whole communities ?

Cljapter iii-

OF THE DUTY AND EFFICACY OF PRAYER,
AS REPRESENTED IN SCRIPTURE.

1 HE reader will have obferved, that the re-
flexions ftated in the preceding Chapter, whatever
truth and weight they may be allowed to contain,
rife many of them no higher, than to negative argu-
ments in favour of the propriety of addreffing prayer
to God, To prove that the efficacy of prayer is not
Inconfiftent with the attributes of the Deity, does
not prove that prayers are aftually efficacious ; and
in the want of that unequivocal teftimony which ex-
perience alone could afford to this point, (but which
Mre do not poffcfs, and have feen good reafon why
we are not to exped) the light of nature leaves us
to controverted probabilities, drawn from the ini-
pulfe by which all mankind have been almoft uni-
verfally prompted to devotion, and from fome ben-
jeficial purpofes, which, it is conceived, may be bet-
ter anfwered by the audience of prayer, than by any
Other mode of communicating the fame bleffings.

Duty and Efficacy cf Prayer^ :t6j

The revelations, which we deem authentic, complete-
ly fupply this defeft of natural religion. They rc-»
quire prayer to God as a duty ; and they contaii^
pofitive affurapces of its efficacy and acceptance.
We could have no reafonable motive for the exer-
cife of prayer, without believing that it may avail to
the relief of our wants. This belief cdii only be
founded, either in a fenfible experience of the effeft
of prayer, or in promifes of acceptance fignified by
divine authority. Our knowledge would nave come
to us in the former way, lefs capable, indeed, of
doubt, but fubjefted to the abufes and inconveni-
ences briefly defcribed above : in the latter way,
that is, by ?iuthorized fignifications of God's gener-
?d difpofition to hear and anfwer the devout fuppli-
cations of his creatures, we are encouraged to pray,
but not to place fuch a dependence upon prayer, asi
might relax other obligations, or confound the of-
der of events and humap expeftations.

The fcriptures not only affirm the propriety of
prayer in general, but furnifli precepts or examples
which juftify fome topics and fom^ modes of prayer
that have been thought exceptionable. And as the
whole fubjec^ refts fo much upon the foundation of
fcripture, I fliall put down at length texts applicable
to the five following heads ; to the duty and efficacy
of prayer in general ; of prayer for particular fa-
vours by name ; for public national bleffings j of
interceffion for qtbers j of the repetition of unfuc-
cefsful prayers.

I. Texts enjoining prayer in general : " Alk, and
it fliall be given you ;- feek, and ye fliall find/' " If
ye, being evil, know how to give good gifts unto
your children, how much more fliall your Father,
which is in heaven, give good things to them that
aflL him ?" ** Watch ye, therefore, and fray always,
that ye may be accounted worthy to efcape all thofe
things that fliall come to pafs, and to fland before
the Son of Man/' " Serving the Lord, rejoicing in
tope, patient in tribulation, continuing injiant in pray^

a€8 Dmy md Efficacy rf Prayer.

er.^^ <« Be careful for nothing, but in every thingf
hy prayer andfupplication^ with thankfgiving let youi?
requefts be made known unto God/' " I will,
therefore, that mttipray every where ^ lifting up holy
hands without wrath and doubting." " Pray with^
out ceajtng.^* Matt. vii. 7. ii. Luke xxi. ^6. Rom,
3cii. 12. Phil. iv. 6. i Theff. v. 17. i Tim. ii. 8.
Add to thefe, that Chrift's reproof of the oftentation
and prolixity of pharifaical prayers, and his recom-
mendation to his difciples of retirement and fimplic-
ity in theirs, together with his diftating a particular
form of prayer, all prefuppofe prayer to be an accept-
able and availing fervice.

a. Examples of prayer for particular favours by
name : " For this thing (to wit, fome bodily infir-
mity, which he calls a thorn given him in the flefh)
I befought the Lord thrice that it might depairt from
me." " Night and day praying exceedingly, that
we might fee your face^ and perfeft that which is
lacking in your faith." 2 Cor. xii. 8. i Theff. iii. 10.

3. Direftions to pray for national or public bleff-
ings : ** Pray for the peace of Jerufalem" ^* Alk ye of
the Lord ram, in the time of the latter rain ; fo the
Lord fliall make bright clouds, and give them Ihow-
era of rain, to every one grafs in the field." " I ex-
hort, therefore, that firft of all, fupplications, pray-
ers, inter&ffions, and giving of thanks, be made for
all men ; for kings and for all that are in authority,
that we may lead a quiet and peaceable life, in all god^
linefs and honefty ; for this is good and acceptable
in the fight of God our Saviour." Pfalm cxxii. 6,
Zech. X. i. I Tim. ii. i, 2, 3.

4. Examples of interceflion and exhortations to
intercede for others : ** And Mofes befought the
Lord his God, and faid. Lord, why doth thy wratlx
wax hot againfl: thy people ? Remember Abraham,
Ifaac,^ and Ifrael, thy fervants. And the Lord rcr
pentecl of the evil which he thought to do unto hii
people." " Peter therefore was kept in prifon, but
prayer was made without ceafing of the church unto

Duty and Efficacy of Prayer, 269

God/or him.^* " For God is my witnefs, that with-
out; ceafing /• make mention of you always in my prayers*^*
** Now 1 befeech you, brethren, for the Lord Jefus
Chrift's fake, and for the love of the Spirit, that ye
ftrive together with me, in your prayers for me.**
** Confefs your faults one to another, and pray for one
another y that ye may be healed : the cfFeftual fervent
prayer of the righteous man availeth much.*' Exod.
xxxii. 1 1. Afts xii. 5. Rom. i. 9. xv. 30. James v. 16.
5. Declarations and examples authorizing the rep-
etition of unfuccefeful prayers: "And he fpoke a
parable unto them, to this end, that men ought al-
ways to pray, and not to faint/' " And he left
them, and went away again, and prayed the third
time, faying the fame words J^* ** For this thing I be-
fougiit the Lord thrice that it might depart from
me/' Luke xviii. i. Matt. xxvi. 44, 2. Cor. xii. 8.*

Chapter iv.

OF PRIVATE PRAYER, FAMILY PRAYER,
AND PUBLIC WORSHIP.

Concerning thefc three defcriptions of
devotion, it is firft of all to be obferved, that each
has its feparate and peculiar ufe ; and therefore,
that the exercife of one fpecies of worfhip, however
regular it be, does not fuperfede, or difpenfc with
the obligation of either of the other two.

I. Private Prayer is recommended for the fake of
the following advantages :

* The reformed churches of Chriftcndom, (Hcldng dofe in this article t«
their guide, have laid afide prayers for the dead, as authorised by no pre*
eept or precedent found in fcripture. For. the fame reafon they properly
rcjeA the invocation of faints ; as aUb becaufe fuch invocations fuppofe in
the faints whom they addrefs a knowledge which can perceive what paflct
in different regions of the earth at the fame time. And they deem it too
much to talce for granted, without the fmalleft intimation of fuch a thing in.
fcripture, that any created beiog pofleflcs a faculty little fhort of that Mo*
nifcience and omaiprefence which- they afcribe to the Deity.

2'/o JDuiy and Efficacy ofPrayer.

Private wants cannot always be mack the fubje^
of public prayer ; but whatever reafon there is for
praying at all, there is the fame for making the fore
and grief of each man's own heart the bufinefs of
his application to God. This muft be the office of
"private exercifes of devotion, being imperfedly, if
at all, practicable in any other.

Private prayer is generally more devout and ear-
heft than the fhare we are capable of taking in joint
afts of worlhip ; becaufe it aflfords leifure and op-
portunity for the circumftantial recollection of thofe
perfonal wants, by the remembrance and ideas of
which, the warmth and earneftnefs of prayer arc
chiefly excited.

Private prayer, in proportion as it is ufually ac-
companied with inore actual thought and refledion
of the petitioner's own, has a greater tendency than
other modes of devotion to revive and faften upon
the mind the general imprefiions of religion. Soli-
tude powerfully affifts this efFeft. When a man
finds himfelf alone in communication with his Cre-
ator, his imagination becomes filled with a conflux
of awful ideas concerning the univerfal agency, and
invifible prefence of that Being ; concerning what is
likely to become of himfelf ; and of the fuperlative
importance of providing for the happinefs of his fu-
ture exiftence, by endeavours to pleafe him who is
the arbiter of his deftiny ; refleftions which, when-
ever they gain admittance, for a feafon, overwhelm
all others ; and leave, when they depart, a folemnity
upon the thoughts that will feldom fail, in fome de-
gree, to affect the conduft of life.

Private prayer, thus recommended by its own
propriety, and by advantages not attainable in any
form of religious communion, receives a fuperior
fanction from the authority and example of Chrift.
" When thou prayeft, enter into thy clofet ; and
when thou haft ftiut thy door, pray to thy Father
which is in fecret ; and thy Father which feeth in
fecret, fliall reward thee openly." "And when he

Duty and Efficacy of Prayer. aj i

liad Tent the multitudes dway, he went up into a
mountain apart to pray" Matt. vi. 6. xiv. 23.

II. Family Prayer.

The peculiar ufe of family piety confifts in its in-
fluence upon fervants, and the youn? members of a
family, who want fufficient ferioufnels and refledion
to retire of their own accord to the exercife of pri-
vate devotion, and whofe attention you cannot ea-
iily command in public worfhip. The example alfo
and authority of a father and mailer act in this way
with the greateft force ; for his private prayers, to
which his children and fervants are not witneffes^
ad not at all upon them as examples ; and his at-
tendance upon public worlhip they will readily im-
pute to fafhion, to a care to preferve appearances^
to a concern for decency and charader, and to many
motives befides a fenfe of duty to God. Add to
this, that forms of public W9r{hip, in proportion as
they are more comprehenfive, are always lefs inter-
cfting than family prayers ; and that the ardour of
devotion is better fupported, and the fympathy
more eaiily propagated, through a fmall affembly
conneded by the aSedions of domeftic fociety, than
in the prefence of a mixed congregation.

III. Pul^lic Worjhip.

If the worfhip of God be a duty of religion, pub-
lic wodhip is a neceflary inftitution ; forafmuch as
without it, the greater part of mankind would ex*
crcife no religious worfliip at all.

Thefe aflemblies afford alfo, at the fame time, op-
portunities for moral and religious inftrudion to
thofe who otherwife would receive none. In all
Proteftant, and in moft Chriflian countries, the ele-
ments of natural religion, and the important parts
of the evangelic hiftory, are familiar to the loweft of
the people. This competent degree and general dif-
fufion of religious knowledge amongfl aU orders of
Chriflians, which will appear a great thine when
compared with the intelledual condition oi^ barba-
rous nations^ can fairly, I think;» be afcribed to ng
Li-

zya pufy and Efficacy ofFrayef.

other caufe than the regular efbblifhment of ai«
femblies for divine worfhip ; in ^hich, either por*
tions of fcripturc are recited and explained, or the
principles or ChrifUan erudition are fo conftantly
taught in fermons, incorporated with liturgies, or e»-
prefied in extempore prayer, as to imprint, by the ve-
ry repetition, fome knowledge and memory of thefc
fubjeds upon the moil unquahfied and carelefs hearer.
The two reafons, above ftated, bind all the mem-
bers of a community to uphold public worfhip by
tlieir prefence and example, although the helps and
opportunities whidi it aflFords may not be neceffary
\o the devotion or edification or all ; and to fomc
may be ufelefs :,for it is eafily forefeen, how foon
religious aflemblies would fall into contempt and
difufe, if that clafs of mankind, who are above feek-
ing inftrucftion in them, and want not that their
own piety fliould be aiSfted by either forms or foci-
zXs in devotion, were to withdraw their attendance ;
«lpecially when it is confidcred, that all who pleafe
are at liberty to rank themfelves of this clafs. This
argument meet§ the only ferious apology that can
be made for the abfenting of ourfelves from public
worfhip. " Surely (fome will fay) I may be excufed
from going to church, fo long as I pray at home,
and have no reafon to doubt but that my prayers
are as acceptable and efficacious in my clofet, as in
a cathedral ; flill lefs can I think myfelf obliged to
fit out a tedious fermon, in order to hear what is
]aiown already, what is better learnt from books, or
fuggefledby meditation.*' They, whofe qualifications
and habits bed fupply to themfelves all the effeft of
public ordinances, will be the lafl to prefer this ex-
cufe, when they advert to Xht general confequence of fet-
ting up fuch an exemption, as well as when they con-
fider the turn which is fure to be given in the neigh-
bourhood to their abfence from public worfhip.
You flay from church, to employ the fabbath at home
In exercifes and fludies fuited to its proper bufinefs ;
jour next neighbour flays from church, to fpend

t)ufj and Efficacy tf Prayer. 17.5

the fcventh day lefe religioufly than he paffcd any
of the fix, in a fleepy, ftupid reft, or at feme rendez-
vous of drunkennefs and debauchery, and yet thinks
that he is only imitating you, becaufe you both
agree in not going to church. The fame confidera-
tion ihould overrule many fmall fcruples concerning
the rigorous propriety of fome things, which may be
Contained in the forms, or admitted mto the adminif-
tration of the public worfliip of our communion :
for it feems impoffibIe,that even "two or three ihould
be gathered together,'* in any aft of focial worfliip, if
each one require from the reft an implicit fubmiffion
to his objeftions ; and if no man will attend upon a
reli^ous fervice, which in any point contradiftshis o-
pinion of truth, or falls fliort of his ideas of perfeftion.

Befide the direft neceffity of public worihip to the
greater part of every Chriftian community (fuppgfing
worfliip at all to be a Chriftian duty) there are other
Valuable advantages growing out of the ufe of religious
aflemblies, without being defigned in the inftitution,
dr thought of by the individuals who compofe them.

!• Joining in prayer and praifes to their common
Creator and Governor has a fenfible tendency to
unite mankind together, and to cherifli and enlarge
the generous affeftions.

So many pathetic refleftions are awakened by ev-
ery exercife of focial devotion, that moft men, I be-
lieve, carry away from public worfliip a better tem-
per towards the reft of mankind, than they brought
with them. Sprung from the fame extraction, pre-
paring together for the period of all worldly diftinc'-
tions, reminded of their mutual infirmities and com-
mon dependency, imploring and receiving fupport
and fupplies from the fame great* Source of power
and bounty, having all one interefl to fecure, one
Lord to ferve, one judgment, the fupreme objeft to
all of their hopes and fears, to look towards, it is
hardly poflible, in this pofition, to behold mankind
as ftrangers, competitors, or enemies ; or not to re-
gard them as children of the fame family, affembled

ft 74 ^^y ^^ Efficacy ff Prayer^

before their common Parent, and with fome portiofi
of the tendernefs^ which belongs to the moft endear-
ing of our domeftic relations. It is not to be expe&-
ed, that any Angle effed of this kind fhould be con«
iiderable or lafting ; but the frequent return of fuch
fentiments as the prefence of a devout congregation
naturally fuggefts, will gradually melt down the r^g-
sednefs of many unkind paflions, and may generate
in time a permanent and productive benevolence.

2. AiTemblies for the purpofe of divine worihip,
placing men under impreffions, by which they are
taught to confider their relation to the Deity, and
to contemplate thofe around them with a view to
that relation, force upon their thoughts the natural
equality of the human fpecies, and thereby promote
humility and condefcenfion in the higheft orders of
the community, and infnire the loweft with a fenfe
of their rights. The diuinAions of civil life are al-
moft always infilled upon too much, and urged too
far. Whatever therefore conduces to reftore the lev-
el, by qualifying the difpofitions which grow out of
great elevation or depreflion of rank, improves the
charader on both fides. Now things are made to ap-
pear little, by being placed befide what is great. In
which manner, fuperiorities, that occupy the whole
field of the imagination, will vanifh, or flirink to
their proper diminutivenefs, when compared with
the diftance by which even the higheft of men are
removed from the Supreme Being : and this com-
parifon is naturally introduced by all ads of joint
worfhip. If ever the poor man holds up his head,
it is at church : if ever the rich man views him with
refpeft, it is there : and both will be the better, and
the public profited, the oftener they meet in a fitua-
tion, in which the confcioufnefs of dignity in the
one is tempered and mitigated, and the fpirit of the
other erefted and confirmed. We recommend noth-
ing adverfe to fubordinations, which are eftablifhed
and neceflary ; but then it Ihould be remembered,
that fubordination itfelf is an evil, being an evil to the

Tnrms of Prayer in Public Worjhip. 275

ihbordinate, who are the majority, and therefore
ought not to be carried a tittle beyond what the
greater good, the peaceable government of the com-
munity, requires.

The public worlhip of Chriftians is a duty of di-
vint appointment. ** Where two or three," fays
Chrift, " are gathered together in my name, there am
I in the midft of them.*'* This invitation will want
nothing of the force of a command with thofe, who
refpeft the perfon and authority from which it pro-
ceeds. Again, in the Epiftle to the Hebrews j ** not
forfaking the aflembling of ourfelves together, as the
manner of fome is ;"t which reproof feems as appli*
cable to the defcrtion of our public worihip at this
day, as to the for£ddng the religious aiTemblies of
Chrifiians in the age of the Apoftle. Independently
of thefe paiTages oflcripture, a difciple of Chriftianity
will hardly think himfelf at liberty to difpute a prac-
tice fet on foot by the infpired preachers of his relig-
ion, coeval with its inftitution, and retained by every
icdi into which it has been fince divided.

Cljapter v.

FORMS OF PRAYER IN PUBLIC WORSHIP^

JLlTURGIES, or preconcerted formrf of public
devotion, being neither enjoined in fcripture, nor for-
bidden, there ca;n be no good reafon either for receiv-
ing or rejedingthem, but that of expediency ; which
expediency is to be gathered from a comparifon of
the advantages and difadvantages attending upon
this mode of worlhip, with thofe which ufually accom-
pany extemporary prayer.

The advantages of a liturgy arc thefe :

I. That it prevents abfurd, extravagant, or impi.

ous addreffes to God, which, in an order of men fo

numerous as the facerdotal, the folly and enthufiafm

of many muft always be in danger of producing,

• Matt. XTiii. ao. f Hcb. x. %s.

where the conduft of the public woHhip is entrufted^
without reftraint or affiftance, to the difcretion and
alnlities of the affidating minifter.

2. That it prevents the confujion of extemporary
prayer, in which the congregation being ignorant of
each petition before they hear it, and naving little
or no time to join in it after they have heard it, are
Confounded between their attention to the minifter,
and to their oWn devotion. The devotion of the
hearer is necefFarily fufpended, until a petition be
toilcluded J and before he can affent to it, or prop*
erly adopt it, that is, before he can addrefs the fame
requeft to God for hirofelf, his attention is called off
to keep pace with what fucceeds. Add to this, that
the mind of the hearer is held in continual expefta-
lion, and detained from its proper buiinefs by the
Very novelty with which it is gratified. A congre-
gation may be pleafed and affefted with the prayers
tUid devotion of their minifter, without joining in
Ihem, in like manner as an audience oftentimes are
with the reprefentation of devotion upon the ftage^
who, neverthqjefs^ come away without being con-
fcious of having excrcifed any ad of devotion them-
felves* ypint prayer, which amongft all denomina-
tions of Chriftians is the declared defign of *' com*;^
ing together," is prayer in which they allyV/n; and
fiot that which one alone in the congregation con*
i^ivcs and delivers, and of which the reft are mere^
ly bearers. This objeftion feems fundamental, and
holds even where the minifter's office is difcharged
Vith every poillble advantage and accomplifhment;
The labouring recoUeftion and embarraned or tu-
multuous delivery of many extempore fpeakers,
form an additional objedion to this mode of public
worfhip ; for thefe imperfections are very general,
^XiA give great pain to the ferious part of a congre-
gation, as well as afford a profane diverfion to the
Jcvity of the other part.

^; Thefe advantages of a liturgy are connefted with
two principal inconveniencies j firft, that forms of

in Public Worjbif. itjf

prayer compofed in one age, become unfit for anoth«
er, by the unavoidable change of language, circum«
ftances, and opinions ; fecondly, that the perpetual
repetition of the fame form of words produce weari-
nefs and inattentivenefs in the congregation. How-
ever, both thefe inconveniencies are, in their nature,
vincible. Occafional revifions of a liturgy may ob^
viate the firft ; and devotion will fuppl)- a remedy
for the fecond : or they may both fubfift in a con-
fiderable degree, and yet be outweighed by the objec-
tions which are infeparable from extemporary prayer.

The Lord's prayer is a precedent, as well as a
pattern for forms of prayer. Our Lord appears, if
not to have prefcribed, at le^ft to have authorized the
ufe of fixed forms, when he complied with the requeft
of the difciple who faid unto him, "Lord, teach us to
pray, as John alfo. taught his difciples." Luke xi. u

The properties required in a public liturgy arc,
that it be compendious ; that it exprefs juft concep-
tions of the divine attributes ; that it recite fuch
wants as a congregation are likely to feel, and no
other ; and that it contain as few controverted prop-
ofitions as pofiible.

L That it be compendious.

It were no difficult talk to contraft the liturgies
of moft churches into half their prefent compafs, and
yet retain every diftinft petition, as well as the fub-
ftance of every fentiment, which can be found in
them. But brevity may be ftudied too much. The
compofer of a liturgy mufl not fit down to his work
with a hope, that the devotion of the congregation .
will be uniformly fuftained throughout, or that every
part will be attended to by every hearer. If this
could be depended upon, a very fhort fervice would
be fufficient for every purpofe that can be anfwered
or defigned by focial worfhip : but feeing the atten-
tion of moft men is apt to wander and returix at \j\r
tervals, and by ftarts, he will admit a certain degree oif
amplification and repetition, of diverfity of expref*
fion upon the fame fubjeft, and variety of phrafe and
form, with little ad4ition to the fenfg, (o_tl)$.ee^

ajB Forms of Prayer

diat the attention which has been flumbering or ab*
fent during one part of the fervice, may be excited
and recalled by another ; and the aflembly kept to-
gether until it may reafonably be prefumed, that the
moll heedlefs and inadvertent have performed fome
ad of devotion, and the moft defultory attention
been caught by fome part or other of the public fer-
vice. On the other hand, the too great length of
church fervices is more unfavourable to piety, than
almoft any fault of compolition can be. It begets
in many an early and unconquerable diflike to the
public worihip of their country or communion.
They come to church feldom ; and enter the doors
when they do come, under the apprehenfion of a
tedious attendance, which they prepare for at firft,
or foon after relieve, by compofing themfelves to a
drowiy forgetfulnefs of the place and duty, or by-
fending abroad their thoughts in fearch of more
amufing occupation. Although there may be fome
few of a difpoiition not to be wearied with religious
excrcifes, yet where a ritual is prolix, and the cele-
bration of divine fervice long, no eflfeft is in general
to be looked for, but that indolence will find in it
an excufe, and piety be difconcerted by impatience.
The length and repetitions, complained of in our
liturgy, are not fo much the fault of the compilers
as the effed of uniting into one fervice, what was
originally, but with very little regard to the con-
veniency of the people, diftributed into tAree. Not-
withftanding that dread of innovations in religion,
which feems to have become the panic of the age,
few, I fliould fuppofe, would be difpleafed with fuch
omiflions, abridgments, or change in the arrange-
ment, as the combination of feparate fervices muft
neccffarily require, even fuppofing each to have
been faultlefs in itfelf. If, together with thcfe alte-
rations, the Epifiles and Gofpels, and Colleds which
precede them, were compofed and feleded with more
regard to unity of fubjed and defig^n i and the Pfalms
and Leflbns, either left to the choice of the minifter,
•r better accommodated to the capacity of the audi«

in Public Worjhip. 479

ttcty and the edification of modern life ; the church
of England would be in pofTeffion of a liturgy, in
which thofc who afient to her dodrines would have
little to blame, and the moft diffatisfied muft ac-
knowledge many beauties. The ftyle throughout
is excellent ; calm, without coldnefs ; and though
every where fedate, oftentimes aflfefting. The paules
in the fervice are difpofed at proper intervals. The
tranfitions from one office of devotion to another,
from confeffion to prayer, from prayer to thankfgiv«
ing, from thankfgiving to *' hearing of the word,"
are contrived, like fcenes in the drama, to fupply tha
mind with a fucceffion of diverfified engagements.
As much variety is introduced alfo in the form of
praying as this kind of compofition feems capable of
admitting. The prayer at one time is continued ; at
another, broken by refponfes, or caft into ihort al*
ternate ejaculations ; and fometimes the congregation
are called upon to take their fhare in the fervice, by
being left to complete a fentence which the minifter
had begun. The enumeration of human wants and
fufferings in the litany is almoft complete. A Chrif«
tian petitioner can have few things to aik of God, or
to deprecate, which he will not find there expreffed,
and for the moft part with inimitable tendernefs
and fimplidty.

II. That it exprefs juft conceptions of the divine
attributes.

This is an article in which no care can be too
great. The popular notions of God are formed, in
a great meafure, from the accounts which the peo-
ple receive of his nature and character in their relig-
ious afiemblies. . An error here becomes the error
of multitudes : and as it is a fubje<9: in which almoft
every opinion leads the way to fome praftical confe-
quence, the purity or depravation of public manners
will be aflfefted, amongft other caufes, by the truth
or corruption of the public forms of worlhip.

III. That it recite fuch wants as the congregation
are likely to feel, and no other*

Mm

28o Forms ofPrdyer in Public Worjhip.

Of forms of prayer, which offend not egregioufly^
againft truth and decency, that has the moft merits
which is beft calculated to keep alive the devotion
of the affembly. It were to be wiihed, therefore,
that every part of a liturgy were perfonally applica-
ble to every individual in the congregation ; and
that nothing were introduced to interrupt the pa£-
fion, or damp a flame which it is not eafy to rekindle*
Upon this principle, \\xt ^ate prayers in our liturgy
ihould be fewer and fliorter. Whatever may be pre-
tended, the congregation do not feel that concern in
the ful^eft of thefe prayers, which muft be felt, or
ever prayer be made to God with earncftnefs. The
JiatiJiyU likewife feems unfeafonably introduced into
thefe prayers, as ill according with that annihilation
of human grcatnefs, of which every aA that carries
the mind to God prefents the idea.

IV. That it contain as few controverted propofi*
tions as poffible.

We allow to each church the truth of its peculiar
tenets,and all the importance which zeal can afcribe to
them. We difpute not here the right or the expedi-
ency of framing creeds or of impofing fubfcriptions.
But why ihould every polition which a church main*
tains be woven with fo much induftry into her forms
of public worfhip ? Some are offended, apd fome arc
excluded : this is an evil in itfelf, at leaft to tbem :
and what advantage or fatisfaftion can be derived to
the rg/?, from the feparation of their brethren, it is
dilEcult to imagine ; unlefs it were a duty, to pub*
Ulh our fyftem of polemic divinity, under the name
of making confeflion of our faith every time we
worfhip God ; or a fin, to agree in religious exer*
cifes with thofe, from whom we differ in fome relig-
ious opinions. Indeed, where one man thinks it his
duty conflantly to worfhip a being, whom another
cannot with the affent of his confcience, permit him*
felf to worfhip at all, there feems to be no place for
comprehenfion, or any expedient left, but a quiet
feceflion. All other differences may be compromifed

Sabbatical In/lit utions. tSl

by filchte* If fcfts and fchiftns be an evil, they are
as much to be avoided by one fide as the other. If
fed:aries are blamed for taking unnec^ary offence,
eftabliflied churches are no lefe culpable for unnecef*
(arily giving it : they are bound at leaft to produce
% command, or a reafon of equivalent utility, for
fliutting out any from their communion, by mixing
with divine "^ovQdp doftrines, which,whether true or
falfe, are unconnefted, in their nature, with devotion.

Cfiapter vl

OF THE USE OF SABBATICAL INSTITUTIONS.

An aflbmbly cannot be collefted, unlefs the
time of affembling be fixed and Is^nown before-hand ;
and if the defigu of the affembly require that it be
held frequently, it is eafieft that it fliould return at
ftated intervals. This produces a neceflity of ap.
propriating fet feafons to the focial offices of religion.
It is alfo highly convenient, that thc/ame feafons be-
obferved throughout the country, that all may be
employed, or all at l^ifure together : for, if the re-
cefs frqm yrorldly occupation be not general, one
man's bufincfs will perpetually interfere with anoth-
er man*s devotion ; the buyer wiU be calling at the
fliop when the feller is gone to church. This part,
therefore, of the religious diftindion of feafons,,
namely, a general int^rmiflion of labour and bufiriefs
during times previoufly fet apart for the exercife
of public worfhip, is founded in the reafons which
make public worfliip itfelf a duty. But the celebra*
tion of divine fervice never occupies the whole day.
What remains, ther^ore, of Sunday, befide the
part of it employed at church, piuft be confidered
as a mere reft from the ordinary occupations of civil
life; and he who would defend the inftitution, as it is
required by law to be obferved in Chriftian countries,
unlefs he can produce a command for a Chrijiian
fabbathy muft point out the ufes of it in that view.

aSa The Vfi of

Firft^ then, that interval of relaxation which Sun^
day affords to the laborious part of mankind, con-i
tributes greatJy to the comfort and fatisfa6tion o£
their lives, both as it refrcflies them for the time,
and as it relieves their fix day's labour by the prof-
peft of a day of reft always approaching; which could
jiot be faid of cafual indulgences of leifure and reft,
even were they more frequent than there is reafon
to expeA they would be, if left to the difcretion or
humanity of interefted tafk-mafiers. To this differ-
ence it may be added, that holidays, which come
feldom and unexpeded, are unprovided, when they
do come, with any duty or employment ; and the
manner of fpending them being regulated by no pub-
lic decency or eftabliflied ufage, they are commonly
confumed in rude, if not criminal paftimes, in ftupi4
floth or brutifli intemperance. Whoever confiders
how much fabbatical inft^tutions conduce, in this re^
fpeft, to the happinefs and civilization of the labour-
ing claffes of mankind, and reflefts how great a ma-
jority of the human fpecies thefe claffes compofe,
will acknowledge the utility, whatever he may be-
lieve of the origin, of this cJiftinAion ; and will, con-
fequcntly, perceive it to be every man's duty to up-
hold the obfervatipn of Sunday, when once eftablifh-
cd, let the eftablifliment have proceeded from whom
or from what authority it will.

Nor is there any thing loft tp the community by
the intermiffion of public induftry one day in the
week. For in countries tolerably advanced in popu-
lation and the arts of civil life, there is always enough
of human labour, and to fpare. The difficulty is not
fo much to procure, as to employ it. The additio^
of the feventh day's labour to that of the other fix:
would have no other effeft than to reduce the price.
The labourer himfelf, who deferved and fuffered moft
by the change, would gain nothing.

2. Sunday, by fufpending many public diverfions,
and the ordinary rotation of employment, leaves to
pnien of all ranks and profefiions fu£cient leifure, and

Sabbatical Infliiutionj^. ^83

fiot more than what is fufficient, both for the exter-
nal offices of Chriftianity, and the retired, but equal*
ly neceffary duties of religious meditation and in*
quiry. It is true, that many do not conVert their
leifure to this purpofe ; but it is of moment, and is
all which a public conftitution can effeA, that to ev-
ery one be allowed the opportunity.

3. They whofe humanity embraces the whole fen*
fitive creation, will efteem it no inconfiderable rec-
ommendation of a weekly return of public reft, that
it aflFords a refpite to the toil of brutes. Nor can wc
omit to recount this amongft the ufes, which the di*
vine Founder of the Jewifb fabbath cxprelsly ap-
pointed a law of the inftitution.

We admit, that none of thefe reafons fliow why-
Sunday ihould be preferred to any other day in the
week, or one day in feven to one day in fix or eight :
but thefe points, which in their nature are of arbi-
trary determination, being eftabliflied to our hands^
our obligation applies to the fubfifting eftablifhment,
fo long as we confefs, that fome fuch inftitution is
neceffary, and are neither able, nor attempt to fiibi
(litute any other in its place.

CJsipter viL

OF THE SCRIPTURE ACCOUNT OF SABBAT-
ICAI^ INSTITUTIONS.

The fubjeft, fo far as it makes any part of
Chriftian morality, is contained in two queftions :

I. Whether the command, by which the Jewijb
iabbath was inftituted, extend to Chriftians ?

II. Whether any new command was delivered by
Chrift ; or any other day fubftituted in the place of
the Jewijh fabbath by the authority or example of
his Apoftles ?

In treating of the firft queftion, it will be neceffary
to collect the accounts, which are preferved of the
Inftitution in the JcwiJh hiftory j for the feeing thefe

$84 ^criptuts Accoum cf

accounts together, and in one point of view, will hm
the beft4>reparation for the difcufling or judging of
any |rguments on one iide or the other.

In the fecond chapter of Genejisy the hiftorian hav-.
ing concluded his account of the fix day's creation^
proceeds thus : " And on the feventh day God end^
ed his work which he had made ; and he refted on
the feventh day from all his work which h^ had made;
and God blejfed the feventh day, wdjanilified it, be-
caufe that in it he had refted from all his work which
God created and made.'* After this we hear no more
of the fabbath, or of the feventh day,, as in any manner
diftinguilhed from ^he other fix, until the hiftory
brings us down to the fojourning of the Jews in the
wilderneis, when the following remarkable paiTage
occurs. Upon the complaint of the people for want
of food, God was pleafed to provide for their relkif
by a miraculous fupply of manna, which was fouQd
every morning upon the ground about the camp ^
^ and they gathered it every morning, every man ac-»
cording to his eating ; and when the fun waxed hot,
it melted : and it came to pais, that on the fixth day
they gathered twice as much bread, two omers for
one man : and all the rulers of the congregation came
and told Mofes ; and he faid unto" them, this is that
which the Lord hath faid, to-morrow is the reji of iha
holy fabbath unto the Lord ; bake that which ye wiH
bake to-day, and fecthe that ye will feethe, and that
which remaincth oier lay up for you, to be kept
^ntil the morning ; and they laid it up till the
morning, as M^^ bade, and it did not ftinV^ (as
it had done before, wheil fome of them left it till the
morning) " neither was there any worm therein.
And Mofes faid, Eat that to-day; for to-day is a fabbath.
unto the Lord : to-day ye Ihall not find it in the field.
Six days ye fhall gather it, but on the feventh day,
which is the fabbath, in it there fhall be none. And
it came to pafs that there went out fome of the people
on the feventh day for to gatherjand they found none.
And the Lord faid unto Alofes^ how long refufe ye to
keep my commandments and my laws ? See, for that

Sabbaticai Injiftuiions. $^5

the Lord hath given you thefabbatbj therefore he givcth
you on the fixth day the bread of two days ; abide
ye every man in his place ; let no man go out qf hb
place on the feventh day : fo the people refted on
the feventh day/' Exodus xvi.

Not long after this, the fabbath, as is well known,
was eftabliflied with great folemnity in the fourth
commandment.

Now, in my opinion, the tranfaftion in the wildcr-
neis, above recited, was the firft adual infiitution of
the fabbath. For, if the fabbath had been inftituted
at the time of the creation, as the words in Genefis
may feem at firft fight to import, and if it had been
obferved all along, from that time to the departure
of the Jews out of Egypt, a period of about two
thouiand five hundred years, it appears unaccounta-
ble, that no mention of it, no occafion of even the ob«
fcureft allufion to it, fhould occur either in the gene-
ral hiftory of the world before the call of Abraham,
which contains, we admit, only a few memoirs of its
early ages, and thofe extremely abridged ; or, which
is more to be wondered at, in that of the lives of the
three firft Jewifh patriarchs, which, in many parts of
the account, is fufficiently circumftantial and domef-
tic. Nor is there,' in the paffage above quoted from
the fixteenth chapter of Exodus, any intimation that
the fabbath,. then appointed to be obferved, was only
the revival of an ancient infiitution, which had been
negleded, forgotten, or fufpended ; nor is any fuch
negled imputed either to the inhabitants of the old
World, or to any part of the family of Noah ; nor,
laftly, is any permiflion recorded to difpenfe with the
infiitution during the captivity of the Jews in Egypt,
or on any other public emergency.

'^Thc padSage in the fecond chapter of Genefis, which
creates the whole controverfy upon the fubjeft, is not
inconfifient with this opinion ; for as the feventh day
was ere^d into a fabbath, on account of God's refting
upon that day from the work of the creation, it was
natural ehoueh for the hifiorian, when he had related
the hiftory of the creation, and of God's ceafing from

2S6 Scripture Account of

it on the feventh day, to add, ** and Godblefled tBtf
feventh day, and fanftified it, becaufe that on it he
had refted from all his work which God created and
made ;'' although the blefling and fan£i:ification, i*e#
the religious diftmdioh and appropriation of that day^
were not aftually made till many ages afterwards.
The words do not affert, that God then "blefled" and
*' landified** the feventh day, but that he bleffed and
fandified \X,for that reafon ; and if any afk why the
fabbath, or fanclification of the feventh day, was/i&^«
mentioned, if it was not then appointed, the anfwcr
is at hand ; the order of connexion, and not of time^
introduced the mention of the fabbath, in the hiftory
of the fubjeft which it was ordained to commemorate.
This interpretation is ftrongly fupported by a paC*
lage in the prophet Ezekiel^ where the fabbath is plain-*-
ly fpoken of as giveny and what elfe can that mean^
. but ^^Jirji injiitutedy in the wildernefe ? " Wherefore
1 caufed them to go forth out of the land of Egypt,
and brought them into the wildernefs ; and I gave
them my ftatutes, and fhewed them my judgments^
which if a man do, he flxall even live in them : more-
over alfo I gave them my fabbaths^ to be a fign between
me and them, that they might know that I am the
jLord that (anftify them.'* £zek/xx. lo, ii, 12.

Nehemiah alfo recounts the promulgation of the fab*
batic law amongft the tranfaclions in the wilderneis J
which fupplies another confiderable argument in aid
of our opinion : " Moreover thou leddeft them in the
day by a cloudy pillar, and in the night by a pillar of
fire to give them light in the way wherein they ihould
go* Thou cameft down alfo upon Mount Sinaiy and
fpaked with them from heaven, and gaveft them right
judgments and true laws, good ftatutes and com-
mandmentSj^zw^ madeji known unto them thy holyfabbatby
and commandedft them precepts, ftatutes and laws^
by the hand of Mofes thy fervant, and gaveft them
bread from heaven for their hunger, andbroughteft
forth water for them out of the rock/'* NehAx. 12.

• From the mention of the fabbath in fo clofc a connexion with the dcfccjlt
M God upon Mouxu Sinai^aaid the delivery of the law from thence, one wouUL

Sabbatical In/lit utions. ^87

If it tie inquired, what duties were appointed for
the Jewi/h fab bath, and under what penalties and in
what manner it was obferved amongft the ancient
yews ; we find that, by the fourth commandment,
a ftrift ceflation from work was enjoined, not only
upon yew5\rf birth, or religious profeffion, but upon
all who refided within the limits of the Jewifh ftate ;
that the fame was to be permitted to their flaves
and to their cattle : that this reft was not to be vio-
lated under pain of death : " Whofoever doeth any
work in the fabbath day, he fliall furely be put to
death." Ex. xxxi. 1 5. Befide which the feventh day
was to be folemnized by double facrifices in the temple;
** And on the fabbath day two lambs of the firft year
without fpot, and two tenth deals of flower for a
meat oflFering, mingled with oil, and the drink offer-
ing thereof; this is the burnt offering of every fab-
bath befide the continual burnt offering and his
drink offering." Numb, xxviii. 9, 10. Alfo holy con^
njocationsy which mean, we prefume, affemblies for
the purpofe of public worlhip, or religious inftruc-
tion, were direded to be held on the fabbath day ;
*' the feventh day is a fabbath of reft, and holy con-
vocation." Lev. xxiii. 3.

And accordingly we read, that the fabbath was in
faft obferved among the Jews, by a fcrupulous ab-
fiinence from every thing which by any poffible con-
ftrudion, could be deertied labour ; as from dreffing
meat, from travelling beyond a fabbath day's journey,
or about a fingle mile. In the Maccabean wars, they
fuffered a thoufand of their nun\ber to be flain, rath-
er than do any thing in their own defence on the
fabbath day. In the final fiege of Jerufalem, after
they had fo far overcome their fcruples, as to defend
their perfons when attacked, they refufed any opera-
tion on the fabbath day, by which they might have

be mclined to believe, that Nehrmiah referred folely to the fourth comirrnd-
ment. But the fourth commaQdmcnt certainly did not firft make known the
fabbath. And it is apparent that Nebtmiah obferved not the order of events,
for he fpeaks of what pafled upon Mount SinM^ before he mentions the mi-
raculous fupplics of bread and water, though the 'Jenvs did not arrive at
Mount S'lM'h till fome time after both thefc miracles were wrought.

Nn

«88 , Scripture Atiount of.

interrupted the enemy in filling up the trench. Af-
ter the eftablifliment of fyna^ogues (of the origin of
which we have no account) it was the cuftom to aC
femble in them upon the fabbath day, for the purpofe
of hearing the law rehearfed and explained, and for
the cxercife, it is ^obable, of public devotion. " For
Mofes of old time hath in every city them that
preach him, being read in the fynagagues every fabbatb
day** The fcventh day is Saturday ; and agreeable
to the Jewijh way of computing the day, the fabbath
held from fix o'clock on the Friday evening, to fix
o'clock on Saturday evening.— -Thefc obfervations
being premifed, we approach the main queftion.
Whether the command, by which the Jewifb fabbath
was inflituted, extend to us ?

If the divine command was adually delivered at
the creation, it was addrefied, no doubt, to the whole
human fpecies alike, and continues, unlefs repealed
by fome fubfequent revelation, binding upon all who
come to the knowledge of it. If the command was
publilhed for the firft time in the wildernefs, then
it was immediately directed to the Jewiih people
alone $ and fomething farther, either in the fulHe^l:,
or circumftances of the command, will be neceflary
to fliow, that it was defigned for any other. It is
on this account, that the queilion concerning the
date of the inftitution was firft to be confidered.
The former opinion precludes all debate about the
extent of the obligation : the latter admits, and,
prima facie J induces a belief, that the fabbath ought
to be confidered as part of the peculiar law of the
Jewiih policy.

Which belief receives great confirmation from the
following arguments :

The fabbath is defcribed as a fign between God
and the people of Ifrael : " Wherefore the children
of Ifirael fliall keep the fabbath, to obferve the fab-
bath throughout their generations, for a perpetual
covenant ; it // ajign between me and the children of If
rael forever ** Exod. xxxi. i6, 17. Again, **And
I gave them my ftatutes, and Ihcwed them my judg-

^Sahbatical In/Htiaktis. 289

Dfients^ which, if a man do, be (hall even live in
them } moreover alfo I gavi them myfabbatbs to be a
Jign between me and them^ that they might know that
I am the Lord that fandlify them/' Ezek. xx. 13.
Now it does not feem eafy to underfiand how the
iabbath could be ^fign between God and the people
of Ifraci, unleik the obfervance of it wa* peculiar to
th^t people, and deiigned to be fo.

The diilindion of the fabbath is, in its nature, as
much a pofitive ceremonial inftitution, as that of
many other feafbns which were appointed by the le-
viticaljaw to b^ kept holy, and to be obfcrved by a
ftrid reft ; as the firft and ieventh days of unleaven-
ed bread ; the feaft of pentecoft ; the feaft of taber-
nacles ; and in the twenty-third chapter of Exodiis
the fabbath and thefe are recited together.

If the command by which the fabbath was inftitut*
ed be binding upon Chriflians, it mud be binding
as to the day, the duties, aD4 the penalty ; in none
of which it is received.

The obiervance of the iabbath was not one of the
articles enjoined by the Apoftles, in the fifteenth
chapter of h&&^ upon them, " which, from among
the Gentiles, were turned unto God/'

St. Paul evidently appears to have coniideted the
fabbath as part of the Jewifh ritual, and not obligato-
ry upon Chriftians. as fuch : " Let no man therefore
judge you in meat or in drink, or in refpecl of an.
Jxoly day, or of the new moon^ ot of the fabbath daysy
which are a ihadow of things to come, but the body
iaof Chrift/' Col. ii. 16, 17.

I am aware of only two objeftions which can be
oppofed to the force of thefe arguments : one is,
that the reafon affigned in the tOurth command-
ment for hallowing the feventh day, viz. *' becaufe
God refted on the feventh day from the work of the
creation,'^ is a reafon which pertains to all mankind ;
the other, that the command, which enjoins the ob-
fervance of the Iabbath, is inferted in the decalogue,
of which all the other precepts and prphibitions arc
.of moral and univerial obligationt

290 ScHptute Account of

Upon the firft objeaion it may be remarked,
that although in Exodus the commandment is
founded upon God's reft from the creation, in Deu-
teronomy the commandment is repeated with a ref-
erence to a different event : "*' Six days (halt thou
labour, and do all thy work ; but the feventh day
is the fabbath of the Lord thy God : in it thouihalt
not do any work, thou, nor thy fon, nor thy daugh-
ter, nor thy man-fervant, nor thy maid-fervant, nor
thine ox, nor thine afs, nor any of thy cattle, nor
the ftranger that is within thy gates ; that thy man-
fervant and thy maid-fervant may reft as well as
thou ; and remember that thou waft a fervant in
the land of Egypt, and that the Lord thy God
brought thee out thence, through a mighty hand,
and by a ftretched out arm ; therefore^ the Lord thy
God commanded thee to keep the fabbath day.'* ' It
is farther obfervable, that God's reft from the crea-
tion is propofed, as the reafon of the inftitution,
even where the inftitution itfelf is fpoken of as pecu-
liar to the Jews ; — ** Wherefore the children of If-
rael fliall keep the fabbath, to obferve the fabbath
throughout their generations, for a perpetual cove-
nant : it is a fign between me and the children of
Ifrael forever ; form fix days the Lord made heaven
and earth, and on the feventh day he refted and
was refrelhed." The truth is, thefe different reafons
were affigned to account for different drcumftances
in the command. If a Jew inquired, why they^
^nth day was fanftified rather than the fixth or eighth,
his law told him, becaufe God refted on t\i^ feventh
day from the creation. If he afked, why was the
fame reft indulged to flavesj his law bid him remem-
ber, that he alfo was zflave in the land of Egypt ;
and, "that the Lord his God brought him out
thence." In this view, the two reafons are perfed-
ly compatible with each other, and with a third end
of the inftitution, its being ^Lftgn between God and
the people of Ifrael ; but in this view they deter-
mine nothing concerning the extent of the obliga-
tion. If the reafon by its proper energy had con-

Sabbatical Jnjiitutions^ ^^X

fiituted a natural obligation, or if it had been meni
tioned with a view to the extent of the obligation,
we fhould fubmit to the conclufion, that aU'were
comprehended by the command, who are concern-
ed in the reafon. But the fabbatic reft being a duty
which refults from the ordination and authority of
a pofitivc law, the reafon can be alleged no farther
than as it explain; the deiign of the Legiflator ; and
if it appear to be recited with an intentional applica-
tion to one piart of the law, it explains his defign
upon no other ; if it be mentioned merely to ac-
count for the choice of the day, it does not explain
his defign as to the extent of the obligation.

With refpeft to the fecond objeftion, that inaf-
much as the other nine commandments are confef-
fedly of moral and univerfal obligation, it may rea-
{bnably be prefumed that this is of the fame ; — ^we
anfwer, that this argument will have lefs weight,
when it is confidered, that the diftinftion betweeii
pofitive and natural duties, like other diftinftions of
modern ethics, was unknown to the fimplicity of
ancient language j and that there are various paf-
fage; in fcripture, in which duties of a political, or
ceremonial, or pofitive nature, and confeffedly of
partial obligation, are enumerated, and" without any
mark of difcrimination, along with others which
are natural and univerfal. Oi this the following is
an incontefiible example : " But if a man be juft,
and do that which is lawful and right ; and hath
not eaten upon the mountains ; nor hath lifted up
his eyes to the idols of the houfe of Ifrael : neither
hath defiled his neighbour's wife ; neither hath come
near to a menjiruous woman ; and hath not oppreffed
any, but hath reftored to the debtor his pledge ;
hath fpoiled none by violence ; hath given his bread
to the hungry, and hath covered the naked with a
garment; he that hath not given upon vfury^ neither
hath taken any increafe ; that hath withdrawn his
hand from iniquity ; hath executed true judgment
between man and man ; hath walked in my ftatutes ;
and hath kept my judgments to deal truly \ he is

ftgz Scriptuht Accwnt ^

juft, he ihall furcly live, faith the Lord GocL^* Ez^k.
xviii. 5 — g. The fame thin^ may be obferved of
the apoftolic decree recorded la the fifteenth chapter
of the A£b.— " It fecmed good to the Holy Ghpft
and to us, to lay upon you no greater burden tha!:n
thefe neceCTary things ; that ye abfiain from meats
offered to idols, and from blood, and from things
ftrangled, and from fornication : from which, if yc
keep yourfelves, ye fliall do well.'*

IL If the law by which the iabbath was inftituted,^
was a law only to the Jews, it becomes an import^
ant quefiion with the Chriftian inquirer, whether
the Founder of his religion delivered any new com-
mand upon the fubjed: ; or, if that ihould not ap«*
pear to be the cafe, whether any day was appropri-
ated to the fervice of religion, by the authority ov
example of his Apoftles ?

The praftice of holding religious affemblies upoa
the firft day of the week, was io early and univer£al
in the Chriftian church, that it carries with it con-
£derable proof of having originated from forae pre-
cept of Chrift, or of his Apoftles, though none fuch
be ivow extant. It was upon the ^r/i day of the
week that the difciples w^ere affcmbled, when Chrift
appeared to them for the firft time after his refurrec-
tion ; " then the fame day at evening, being thefirji
day of the week^ when the doors were fliut, where
the difciples were affcmbled, for fear of the Jews,
came Jefus and ftood in the midft of them.'* John,
XX. 19. This, for any thing that appears in the ac-
count, might, as to the day, have been accidental :
but in the 26th verfe of the fame chapter we read,
*• that after eight days," that is, on xhcflrji day of
the wttkfollowing, " again the difciples were withm,**
which fecond meeting upon the fame day of the
week looks like an appointment and deiign to hieet
on that particular day. In the twentieth chapter of
the Ads of the Apoftles, we find the fame cuftom
in a Chriftian church at a great diftance from Jeru-
falem : " And we came unto them to Troas in five
days, where we abode fcvcn days j and u^on tbefirji

Sabbatical Inftitutltms* I93

Siy of the nveekj when the difciples came together to break
breads Paul preached unto them/' Afts xx. 6, 7.
The manner in which the hiftorian mentions the
difciples coming together to break bread on theyfr/2
day of the week, mews, I think, that the pradice
by this time was familiar and eflabliihed. St. Paul
to the Corinthians writes thus : *♦ Concerning the
coUe^on for the faints, as I have given order to the
churches of Galatia, even fo do ye ; upon ibejirji day
cfihe week^ let every one of you lay by him in ftore
as God hath profpered him, that there be no gath-
erings when I come/* i Cor. xvi. i, 2. Which di-
rtQxon affoi'ds a probable proof, that the ^rji day
of the week was already amongft the Chriftians,
both of Corinth and Galatia, diftinguiflied from the
reft, by fome religious application or other. At the
time that St. John wrote the book of his revelation,
the firft day of the week had obtained the name of
the LorcPs day : " I was in the fpirit,*' fays he, " on
the hordes day.** Rev. i. 10. Which name, and St.
John's ufe of it, fufficiently denote the appropriation
of this day to the fervice of religion, and that this
appropriation was perfeftly known to the churches
of Alia. I make no doubt but that by the Lord's
day was meant thtjirjl day of the week ; for we
find no footfteps of any diftinAion of days, which
could entitle any other to that appellation* The
fubfequent hiftory of Chriftianity correfponds with
the accounts delivered on this fubjeft in fcripture.

It will be remembered, that we are contending, by
thefe proofs, for no other duty upon the firft day of
the week, than that of holding and frequenting re-
ligious afiemblies. A cefiation upon that day from
labour beyond ■ the time of attendance upon public
worfliip, is not intimated in any paflage of the New
Teftament, nor didChrift or his Apoftles deliver, that
we know of, any command to their difciples for a
difcontinuance, upon that day, of the common offi-
ces of their profdiions. A referve which none will
fee reafon to wonder at, or to blame as a defeft in the
inflitution, who confider that in the primitive con*

294 Sabbatical In/iittaiani* '

dition of Chriftianity, the obfcrvation pf a ne\^ fife*
bath would have been ufelefs, or inconvenient, or im^.
pradlicable. During Chrift's perfonai minifhy, his
religion was preached to the Jews alone. They al-
ready had a fabbath, which, as citizens and fubjeds
of that economy, they were obliged to keep, and did
keep. It was not therefore probable that Chrift
would enjoin another day of reft in conjuncftion with
this. When the new religion came forth into the
Gentile world, converts to it were, for the moft part,
made from thofe claffes of fociety, yrho have not
their time and labour at their own difpoial ; and it
was fcarcely to be expeded, that unbelieving mafters
and magiftrates, and they who direfted the employ-
ment of others, would permit their flaves and la*
bourers to reft from their work every feventh day ;
or that civil government, indeed, would have fub-
mitted to the lofs of a feventh part of the public in-
duftry, and that too in addition to the numerous
feftivals which the national religions indulged to the
people : at leaft, this would have been an incum-
brance which might have greatly retarded the re-
ception of Chriftianityin the world. In reality, the
inftitution of a weekly fabbath is fo connefted with
the funftions of civil life, and requires fo much of
the concurrence of civil laws in its regulation and
fupport, that it cannot, perhaps, properly be made
the ordinance of any religion, till that religion be
received as the religion of the ftate.

The opinion, that Chrift and his Apoftles meant
to retain the duties of the Jewiih fabbath, ftiifting on-
ly the day from the feventh to the firft, feems to pre-
vail without fufficient proof ; nor does any evidence
remain in fcripture (of what, however, is not improb-
able) that the firft day of the week was thus diftin-
guillied in commemoration of our Lord's refurreftion.

The conclufion from the whole inquiry (for it is
our bufinefs to follow the arguments to whatever
probability they conduft us) is this: t\it aJfemblingM^on
the firft day of the week, for the purpofe of public
worfliip and religious inftrudtion, is a law of Chrif-

Vtolafion of the Chnjiian Sabbath. 295

tianity^ of divine appointment ; the rejiing on that
day from our employments longer than we are de-
tained from them by attendance upon thefe affem-
blies, is. to Chriftians, an ordinance of human infti-
tution : binding neverthelefs upon the confcience of
every individual of a country in which a weekly
fabbath is eflablifhed, for the fake of the beneficial
purpofes which the public and regular obfervance of
it promotes ; and recommended perhaps in feme de-
gree to the divine approbation, by the refegiblance
it bears to what God was pleafed to make a folemn
part of the law which he delivered to the people of If-
rael, and by its fubferviency to many of the fame ufes^

CJaptcr viii.

BY WHAT ACTS AND OMISSIONS THE DUTY OF
THE CHRISTIAN SABBATH IS VIOLATED.

Since the obligation upon Chriftians, to com-
ply with the religious obfervance of Sunday, arifes
from the public ufes of the inftitution, and the au-
thority of the apoftolic practice, the manner of obferv-
ing it ought to be that which bcft fulfils ibefe ufes,
and conforms the neareft to this practice.
The ufes, propofed by the inftitution, are :

1. To facilitate attendance upon public worfhip.

2. To meliorate the condition of the laborious claifes
of mankind, by regular and feafonable returns of reft.

3. By a general fufpenfion of bufinefs and amufe-
ment, to invite and enable perfons of every defcrip-
tion, to apply their time and thoughts to fubjefts ap-
pertaining to their falvation.

With the primitive Chriftians the peculiar, and
probably for fome time the only diftinclion of the
firft day of the week, was the holding of religious af-
femblies upon that day. We learn, howevet, from the
teftimony of a very early writer amongft them, that
they alfo referved the day for religious meditations.
Unufquifque nojirum^ faith licmcMS^Jabbatizat/pirituali^
tery meditations legis gaudens^ opificium Dei admirans.
O o

29^ Violation afthe Chrifiian SobbatL

Wherefore the duty of the day is violated :

ift. By all fuch employments or engagements, aJ
(though differing from our ordinary occupations)
hinder our attendance upon public worfhip, or take
up fo much of our time, as not to leave a fufficient
part of the day at leifure for religious refledion ; as
the going of journeys, the paying or i-eceiving of vif-
it s which engage the whole day, or employing the 'time
at home in writing letters, fettling accounts, or in
applying ourfelves to ftudies, or the reading of books,
which bear no relatioh to the buiihefs of religion.

^dly. By unnecetfary encroachments upon the reft
ind liberty IVhich Silnday ought to bring to the in-
feribf oiAtts of the community ; as by keeping fer-
vants on that day confined and bufied in preparations
for the fuperfluous elegancies of our table, or drefs.

3dly. By fuch recreations as are cuftomarily for-
borne out of refpeA td the day ; as hunting, flioot-
ing, fifliing, public diverfions, frequenting taverns,
pla^ng at cards or dice.

If it be aiked, as it oft^n has been, wherein confifts
the diffetence between walking out with y6ur ftaff,
or with your gun ? between fpending the evening at
home or in a tavern ? between paifing the Sunday
afternoon at a game at cafds, or in converfation not
more edifying, nor always fo inoffenfive ?-i— To thef€,
and to the fame queftion under a variety of forms,
and in a multitude of fimilar examples, we return
the following anfwer : — ^That the religious obfeiVance
of Sunday, if it ought to be retained at all, muft be
upheld by fome public and vifible diftinftions — ^that
draw the line of diftinftion where you will, many
iaftions, which are fituated On the confines of the line,
will differ very little, and yet lie pti the oppofite fides
of it — ^that every trefpafs upon that fefefve, which
public decency has eftablilhed, bteaks down the fence,
by which the day is feparated to the fervice of relig-
ion—that it is unfafe to trifle with fcruples and hab-
its that have a beneficial tendency, although founded
merely in cuftom— that thefe liberties, however in-
tended, will certainly be confidered by thofe who ob-

Of Reverencing the Deity. 297

ferve them, not only as difrefpcaful to the day and
inftitution, but as proceeding from a fecret contempt
of the Chriftian faith — that confequcntly they dimin-i
ifli a reverence for religion in others, fo far as the au-
thority of our opinion, or the efficacy of our exam-
ple reaches ; or rather, fo far as either will ferve for
an excufe of negligence to thofe who are glad of any
—that as to cards and dice, which put in their claim
to be confidered among the . barmlefs occupations
of a vacant hour, it may be obfery^d, that few find
any difficulty in refraining from play on Sunday, ex-
cept they who fit down to it, with the views and ea-
gernefs of gamefters ; tYiTiX. gaming is feldom innocent—
that the anxiety and perturbations, however, which
it excites, are inconfiileqt with the tranquillity, and
frame of temper, in which the duties and thoughts
of religion ihould always both find, and leave us—
and laftly, we fiiall remark, that the example of other
countries, where the fame or greater liccnfe is alloW'-
edj affords no apology for irregularities in our own ;
becaufe a praAice which is tolerated by public ufage,
neither receives the fame conftruftion, nor gives the
fame offence, as where it is cenfured and prohibited;

Chapter IX.

OF REVERENCING VhE DEIXy.

In many perfons, a ferioufnefs, and fenfe of
awe, overfpread the imagination, whenever the idea
of the Supreme Being is prelented to their thoughts*
This effeft, which forms a confiderable fecurity
againft vice, is the confequence not fo much of re-
fledion, as of habit ; which habit being generated
by the external expreffions of reverence, which we ufe
ourfdves, or obferve in others, may be deftroyed by
caufes oppofite to thefe, and efpecially by that familiar
levity with which fome learn to fpeak of the Deity,
of his attributes, providence, revelations, or worihip.
God hath been pleafed, no matter for what rea-
ibn, although probably fpr this, to forbid the vain.

flgS Of Reverencing the Deifj,

mention of his name — ^'^Thou flialt not take the
name of the Lord thy God in vain/' Now the men-
tion is vain^ when it is ufelefs ; and it is ufdefs^
when it is neither likely nor intended to ferve any
good purpofe ; as when it flows from the lips idle
and unmeaning, or is applied upon occafions incon-
fiftent with any confideration of religion or devo-
tion, to exprefs our anger, our earneftnefs, our cour-
age, or our mirth ; or indeed, when it is ufed at all^
except in acls of religion, or in ferious and feafon-
able difcourfe upon religious fubjecls*

The prohibition of the third commandment i$
recognized by Chrift, in his fermon upon the mount,
which fermon adverts to none but the moral parts
of the Jewifti law. " I fay unto you, fwear not at
all ; but let your communication be yea yea, nay
nay ; for whatfoever is more than thefe, cometh
of evil.'* The Jews probably interpreted the prohi*
bition as retrained to the name Jehovah, the name
which the Deity had appointed and appropriated to
himfelf. Exod* vi. 3. The words of Chrift extend
the prohibition beyond the name of God, to every
thing affociated with the idea. ** Swear not, neither
by heaven, for it is God*s throne ; nor by the earth,
for it is his footftool ; neither by Jerufalem, for 1%
is the city of the Great King." Matt. v. 35.

The offence of profane fwearing is aggravated by
the confideration, that in // duty and decency arc
facrificed to the flendereft of temptations. Suppofc
the habit, either from affeftation, or by negligence
and inadvertency, to be already formed, it muft al-
ways remain within the power of the moft ordinary
refolution to correft it, and it cannot, one would
think, coft a great deal to relinquifti the pleafurc
and honour which it confers. A concern for duty
is in fact never ftrong, when the exertion, requifitc
to vanquifh a habit founded in no antecedent pro-
penfity, is thought too much or too painful.

A contempt of pofitive duties, or rather of thofe
duties from which the reafon is not fo plain as the
command, indicates a difpclition upon which the

Of Rewrencing the Deity, 999

wthority of revelation has obtained little -influence.
This remark is applicable to the offence of profane
fwearing, and defcribes, perhaps, pretty cxadly, the
general charafter of thofe who are moft addi6):ed to it.

Mockery and ridicule, when exercifcd upon the
fcriptures, or even upon the places, perfons, and
forms fet apart for the miniftration of religion, fall
within the mifchicf of the law which forbids the
profanation of God's name; efpecially as that law is
extended by Chrift's interpretation. They are, more-
over, inconiiftent with a religious frame of mind :
for, as no one ever either feels himfelf difpofed
to pleafantry, or capable of being diverted with
the pleafantry of others, upon matters in which
he is deeply int*erefted ; fo a mind, intent upon the
acquifition of heaven, rejefts with indignation, eve-
ry attempt to entertain it with jefts, calculated to
degrade or deride fubjecls, which it never recoUeds
but with ferioufnefs and anxiety. Nothing but fiu-
pidity, or the moft frivolous diflipation of thought^
can make even the inconfiderate forget the fupremc
importance of every thing which relates tp the ex-
pedation of a future exiftence. Whilft the infidd
mocks at the fuperftitions of the vulgar, infults
over their credulous fears, their childiih errors, or
fantaftic rites, it does not occur to him to obfervc,
that the moft prepofterous device by which the weak-
eft devotee ever believed he was fecuring the happi-
nefs of a future life, is more rational than unconcern
about it. Upon this fubjed nothing is fo abfurd, as
indifference — no folly fo contemptible, as thought-
leffnefs and levity.

Finally, the knowledge of what is d\ie to the fo-
lemnity of thofe interefts, concerning which revela-
tion profeffes to inform and direft us, may teach ev-
en thofe who are leaft inclined to refpeft the preju-
dices of mankind, to obferve a decorum in the ftyle
and condud: of religious difquifitions, with the neg-
left of which, many adverfaries of Chriftianity are
juftly chargeable. Serious. arguments are fair on all
fides, Chriftianity is but ill defended by refufing

30« Of Reverencing the Deity,

audience of toleration to the obje6tions of unbelier*
crs. But whilft we would have freedom of inquiry
reilrained by no laws, but thofe of decency, we are en-
titled to demand on behalf of a religion, which holds^
fotth to mankind afiurances of immortality, that
its credit be afiailed by no other weapons than thofe
of fober difcuflion and legitimate reafonipg — ^that
the truth or falfehood of Chriftianity be never made
a topic of raillery, a theme for the cxercife of wit or
eloquence, or a fubjeft of contention for literary fame
and victory; that the caufe be tried upon its merits-^
thiat all applications to the fancy, paffions or prdudi**
ces of the reader, all attempts to pre-occupy, enmare,
or perplex his judgment, by any art, influence, or
impremon whatfoever, extrinfic to the proper
grounds and evidence upon which his alSent ought
to proceed, be rejedcd from a queftion which involves
in its determination, the hopes, the virtue^ and the
repofe of millions— that the controverfy be managed
on both fides with Sincerity, that is, that nothing be
produced in the writings of either, contrary to, or
beyond, the writer's own knowledge and perfuafioa
— that objedions and difficulties be propofcd from no
other motives, than an honeft and ferious deiire to
obtain fatisfaftion, or to communicate information
which may promote the difcovery and progrefc of
truth ; that in conformity with this defign, every
thing be ftated with integrity, with method, precifion,
and iimpUcity ; and, above all, that whatever is pub-
liflied in oppofition to received and confefledly bene-
ficial perfuafiQDs, be fet forth under a form, which is
likely to invite inquiry and to meet examination. If,
with thefe moderate and equitable conditions, be com-
pared the manner in which hoftilities have been wa^
ged againft the Chriftian religion, not only the vota-
ries of the prevailing feith, but every man who looks
forward with anxiety to the deftination of his being,
will fee much to blame, and to complain of. By one
unbeliever^ all the follies which have adhered, in a
long courfe of dark and fuperftitious ages, to the
popular creed, are aflUmed as fo many doftrines q£

Of Reverencing the Deity. go*

.CJhrift and his Apofiles, for the purpofe of fubvert-
ing the whole fyftem, by the abfurdities, which it is
thus reprefented to contain. ^ By another^ the igno-
rancc and vices of the facerdotal order, their mutu-
al difleniions and perfecutions, their ufurpations and
encroachments upon the intelleftual liberty and civil
rights of mankind, have been difplayed with no
finall triiiLiph and invedi ve, not fo much to guard the
ChrilUan laity a^nft a repetition of the fame injuries^
which is the only proper ufe to be made of the moft
flagrant examples of the paft, as to prepare the way
for an iniinuation, that the religion itfelf is nothing
but a profitable fable^ impofed upon the fears and
credulity of the multitude, and upheld by the frauds
and influence ofian interefied and crafty priefthood.
And yet how remotely is the charafter of the clergy
connected with the truth of Chriflianity ? What, af-
ter all, do the moft difgraceful pages of ecclefiailical
hiftory prove, but that the paflions of our common
nature are not altered or excluded by diftindions
of name, and that the charaders of men are
formed much more by the temptations than the du-
ties of their profeflion ? A third finds delight in col-
lecting and repeating accounts of wars and mafla-
cres, of tumults and mfurredions, excited in almoft
every age of the Chriftian era by religious zeal ; as
though the vices of Chriftians were parts of Chrif-
tianity ; intolerance and extirpation precepts of the
gofpel ; or as if its fpirit could be judged of, from
the councils of princes, the intrigues of fi:atefxnen,
the pretences of malice and ambition, or the unau*
thorized cruelties of fome gloomy and virulent fu-
perftltion. By z fourth ^ the fucceflion and variety
of popular religions ; the viciflitudes with which
feds and tenets have flouriihed and decayed ; the
zeal with which they were once fupported, the neg-
ligence with which they are now remembered ; the
little fliare which reaibn and argument appear to
have had in framing the creed, or regulating the
religious condud of the multitude ; the indifference
and fubmiilion with which the religion of the flate

302 Of Reverencing the Deity.

is generally received .by the common people ; the
caprice and vehemence with which it is fometimes
oppofed ; the frenzy with which men have beea
brought to contend for opinions and ceremonies, of
which they knew neither the proof, the meaning
nor the original ; laftly, the equal and undoubting
confidence with which we hear the doftrines cS"
Chrift or of Confucius, the law of Mofes or of Map-
hornet, the Bible, the Koran, or the Shafter, main*
taincd or anathematized, taught or abjured, revered
or derided, according as we live on this, or on that
fide of a river ; keep within, or flep over the boun^
daries of a ftate ; or even in the fame country, and
by the fame people, fo often as the event of a battle,
or the iffue of a ncgociation delivers them to the
dominion of a new mafler : Points, I fay, of this
fort are exhibited to the public attention, as fo many-
arguments againfl the truth of the Chrijiian religion
—and with fuccefs. For thcfe topics, being brought
together, and fet off with fome aggravation of cir-
tumftances, and with a vivacity ot llyle and defcrip-
tion, familiar enough to the writings and convcrfa-
tion of free-thinkers, infenfibly lead the imagination
into a habit of claffing Chriftianity with the de-
hifions, that have taken poffeflSjon, by turns, of the
public belief ; and of regarding it, as what the feof-
fors of our faith reprefent it to be, the fuperjiition of
the- day. But is this to deal honeftly by the fubjeft,
or with the world ? May not the fame things be
faid, may not the fame prejudices be excited by thefe
rcprefentations, whether Chriftianity be true or
falfe, or by whatever proofs its truth be attefted ?
May not truth as well as falfehood be taken upon
credit ? May not a , religion be founded upon evi-
dence, acceffible and fatisfadory to every mind com-
petent to the inquify, which yet, by the greateft
part of its profeffors, is received upon authority ?

But if the fnatter of thefe objeftions be reprehcn-
iible, as calculated to produce an eflfeft upon the
reader, beyond what their real weight and place in
the argument dcfcrve, ftill more dall we difcovcr of

Of Reverencing the Deify. 303

management and difingenuoufnefs in the form under
which they are difperfed among the public. Infidelity
is ferved up in every fhape, that is likely to allure, fur-
prife, or beguile the imagination ; in a fable, a tale, a
novel, a poem ; in interfperfed and broken hints, re-
mote and oblique furmifes ; in books of travels, of phi-
iofophy, of natural hiftory ; in a word, in any form,
rather than the right one, that of a profeffed and regular
difquifition. And becaufe the coarfe buffoonery, and
broad laugh of the old and rude adverfaries of the
Chriftian faith, woyld offend the tafte, perha[^s, rather
than the virtue of this cultivated age, a graver irony, a
more fkilfiil and delicate banter is fubftituted in their
place. An eloquent hiftorian, beiide his more direft,
and therefore fairer attacks upon the credibility of the
evangelic ftory, has contrived to weave into his narra-
tion one continued fneer upon the caufe of Chriftianity,
and upon the writings and charadters of its ancient pat<
rons. The knowledge whifli this author poffeffes of the
frame and conduct of the human mind, muft have led
him to obferve, that fuch attacks do their execution
without inquiry. Who can refute 2i fneer ? Who can
compute the number, much lefs, one by one, fcrutinize
the juftice of thofe difparaging infinuations, which
croud the pages of this elaborate hiftory? What reader
fufpends his curiofity, or calls off his attention from the
principal narrative, to examine references, to fearch in-
to the foundation,or to weigh the reafon, propriety and
force of every tranfient farcafm, and Uy aUufion, by
which the Chriftian teftimony is depreciated and tra-
duced ? and by which, neverthclefs, he may find
his perfuafion afterwards unfettled and perplexed ?

, But the enemies of Chriftianity have purfued her with
poifoned arrows. Obfcenity itfelf is made the vehicle of
infidelity. The awful doctrines, if we be not permitted
to call them the (acred truths, of our religion, together
with all the adjunds and appendages of its worihip and
external profcffion, have been fometimes impudently
profaned by an unnatural conjundion with impure and
lafcivious images. The fondnefs for ridicule is almoft

univerfal; and ridicule,- to many minds, is never fo irrc-
Pp

364 Of Reverencing the JDekyt

fillible, as when feafoned with obfcenity, and emjploye^
upon religion. But in proportion as thel'e noxious prin*
ciples take hold of the imagination^ they infatuate the
judgment ; for trains of ludicrous and unchafte aflbcia-
tions, adhering to every fentiment aod mention of re«
ligion,render the tnind indifpofed to receive either con-
viftion from its evidence, or impreflions from its au-^
thority. And this efFed, being exerted upon the fenii-
tive part of our frame, is altbgether independent of ar-
gument, proofs or reafon ; is as formidable to a true re*
ligion, as to a falfe one ; to a well grounded faith, as
to a chimerical mythology, or fabulous tradition*
Neither, let it be oblerved, is the crime or danger lefs,
becaufe impure ideas are exhibited under a veil, in
covert and chaftized language.

Serioufnefs is not conftraint (E>f thought ; Hor levity,
freedom. Every mind which wifhes the advancement
of truth and knowledge,in the mofi important of all hu-
man refearches, muft abhor this licentioufncfs, as viola-
ting no lefs the laws of reafoning, than the rights of de-
cency. There is but one defcription of men, to whofc
principles it ought to be tolerable, I niean that clafs of
reafoners, who can fee little in Chriftianity, even fuppof-
ing it to be true. To fuch adverfaries we addrefs this re*
flection — Had Jefus Chrift delivered no other declara-
tion than the following : " The hour is coming, in the
which all that are in the erave fliall hear his voice, and
fhall come forth ; they that have done good, unto the
refurredion of life, and they that have done evil, unto
the refurreftion of damnation ;'* he had pronounced a
mcflage of ineftimablc importance, and well worthy of
that fplendid apparatus of prophecy and miracles, with
which his million Was introduced and attefted ; a mef-
fage, in which the wifcft of mankind would rejoice to
find an anfwer to their doubts, and reft to their inqui-
ries. It is idle to fay, that a future ftate had been dif-
covered already — It had been difcpvered, as the Coper-
nican fyftem was — ^it was one guefs among many. He
alone difcovers, who proves : and no man can prove
this point, but the teacher who teftifies by miracles that
his dodrine comes from God.

II nnnjui.yijj..|iiiiii. , ■ , .1 „■ iM

BOOK VI.

^Jemen^ 0/ ^oUiccal tyCTwrulodae.

mmmimmm

chapter l

OF THE ORIGIN OF CIVIL GOVERNMENT.

(jOVERNMENT, at firft, was either patri-
archal or military ; that of a parent over his family,
pr of a commander over hi$ fellow warriors,

I. Paternal authority, and the order of domeftic
life, fupplied the foundation of civil government. Did
mankind fpring out of the earth mature and inde-
pendent, it would be found perhaps impoffible to in-
troduce fubjeftion and fubordination among them y
but the condition of human infancy prepares me^
jpr fociety, by combining individuals into fmall com-
munities, and by placing them, from the beginning,
under direction sind control. A family contains the
rudiments of an empire. The authority of one over
many, and the difpofition to govern and to be gov-
erned^ are in this way incidental to the very nature,
and coeval, no doubt, with the exiftence of the hu-
man fpepies. Moreover, thg conftitution pf fami-
lies not only aflifts the formation of civil govern-
ment, by the difpofitions which it generates, but
alfo furnifhes the firft fteps of the procefe by
which empires have been actually reared. A parent
V^ould retain a conGderable part of his authority af-
ter his children had grown up, and had formed
families of their own* Tlie obedience, of which
they remembered not the beginning, would be con-
fidered as natural ; and would fcarccly, during the
parentis life, be entirely or abruptly withdrawn.
Here then we fee the fecond ftage in the progrefs of

3o6 Origin tf Civil Gwermnent.

dominion. The firft was, that of a parent over his
young children*: this that of an anceftdr prefiding
over his adult defcendants.

Although the original progenitor was the centre
of the union to his pofterity, yet it is not probable
that the afibciation would be immediately or alto-
gether diflblved by his death. Conneded by habits
of intercourfe and affe^on, and by fome common
rights, neceffities and interefts, they would confider
themfelvcs as allied to each other in a nearer degree
than to the reft of the fpedes. Almofl; all would
be fenfible of an inclination to continue in the focie-
ty in which they had been brought up ; and experi-
encing, as they foon would do, many inconveniences
from the abfence of that authority which their com-
mon anceftor exercifcd, cfpecially in deciding their
difputes, and direfting their operations in matters
in which it was neccffary to aA in conjunftion, they
might be induced to fupply his place by a formal
choice of a fucceffor, or rather might willmgly, and
almoft imperceptibly transfer their obedience to feme
one of the family, who, by his age or fervices, or by
the part he poflefied in the direaion of their a&irs
during the life-time of the parent, had already taught
them to refpe6t bis advice, or to attend to his com*
mands ; or laftly, the profped of thefc inconvenien-
ces might prompt the firft anceftor to appoint a fuq-
ceffor, and bis pofterity, from the fame motive, unit-
ed with an habitual deference to the anceftor's au-
thority, might receive the appointment with fub-
miflion. Hef e then we have a tribe or clan incorpo-
rated under one chief. Such Communities might
be increafed by coniiderable numbers, and fulfil
the purpofes of civil union without any other or
more regular convention, conftitution, or form of
government, than what we have defcribed. Eveiy
branch which was flipped off from the primitive
ftock, and removed to a diftance from it, would in
like manner take root, and grow into a feparate
clan. Two or three of thefe dans were frequently,
we may fuppofe, united into one* Marriage, con-

Origin if CMl Gcvemment. 307

qrieft, mutual defence, common diftrefs, or more ac«
adental coalitions, might produce this effeft.

II. A fecond fource of perfonal authority, a|id
which might eafily extend, or fbmetimea perhaps fu«
periede, the patriarchal, is that, which refults from
military arrangement. In wars, either of aggreifioa
or defence, manifeft neceffity would prompt thofe
who fought on the fame fide to array themfelves un^
der one leaden And although theif leader was ad-
vanced to this eminence for the purpofe only, and
during the operations of a fingle expedition, yet hi^
authority would not always termipatc with the rea«
fons for which it was conferred. A warrior who
had led forth his tribe againft their enemies with re-
peated fucceis, would procure to himfelf, even in the
deliberations of peace, a powerful and permanent in-
fluence. If this advantage were added to the author-
ity of the patriarchal chief, or favoured by any pre-
vious diftindion of aneeftry, it would be no difficult
undertaking for the perfon who pofiefled it to ob-
tain the almoft abfolute diredion of the affairs of the
community, efpecially if he was careful to aflbdate
to himfelf proper auxiliaries, and content to pradife
the obvious art of gratifying or removing thofe who
oppofed his pretennons.

But, although we may be able to comprehend how
by bis perfonal abilities or fortune one man may ob-
tain the rule over many, yet it feems more difficult
to explain how empire became hereditary^ or in what
manner fovereign power, which is never acquired
without great merit or management, learns to de-
fcend in a fucceffion, which has no dependence upon
any qualities, either of underfianding, or adivity.
The caufes which have introduced hereditary do-
minion into fo general a reception in the world, are
principally the following— the influence of aifociation,
which communicates to the fon a portion of the fame
refpect which was wont to be paid to the virtues or ila«
tion of the father— the mutual jealoufy of other com^
petitors— the greater envy, with which all behold the
exaltation of an equal, than the continuance of an ac-

5^8 ~ Origin rf Civil Cpv^mm«nt^

kncwled^ed fuperiority— i reigning pfiQce, hvnn^
behind htm many adhereots, who can pre&rve their
own imporUnce, only by fupporting the fucceffion
of his children«*^Ad4 to tiufe reafons, ths^t cleftions
to the fuprieme power haTing, tipoa trials produced
defiru£tive contentions, many fiates would take ref-
uge from a return of the fame calamities, tn a rule
of fucceffion ; and no rule prefents itself fo obvious^
certain, and intelligible, as conf;^nguinity of birth.

The ancient fiate of fociety in moft countries, and
the modern condition of fome uncivilii^ed parts of
the world, exhibit that appearance, which this ac-
count of the origin of civil government would lead
us to cxpeft. The earlieft hiftories of Paleftine,
Greece, Italy, Gaul, Britain, inform ua^ that thefe
countries were occupied by many iinall independent
nations; not much perhaps unlike thofe which are
found at prefent amongft the lavage inhabitants of
North America, and upon the coaft of Africa. Thcfe
nations I confider as the amplifications of fo many
iingle families, or as derived from the jundion q£
two or three families, vhom fociety in war, or the
approach of fome common danger, had united.
Suppofc a country to have been firft peopled by fliip-
wreck on its coafts, or by emigrants or exiles from
a neighbouring country, the new fettlcrs having no
enemy to provide againft, and occupied with the
care of their perfonal fubfiftence, would think little
of digefting a fyftem of laws, of coHtriving a form
of government, or indeed of any political tmion
whatever ; but each fettler would remain at the
head of his^ own family, and each family would ia^
elude all of every age and generation who were dc-
•fcended from him. So many of thcfe families a?
were holden together after the death of the original
anceftor, by the reafons, and in the method above
recited, would wax, as the individuals were multi-
plied, into tribes, clans, hordes, or nations, iimilar
to thofe into which the ancient inhabitants of many
countries are known to have been divided, and

^hich are ftill found, wherever the ftate of fodety
and manners is immature and uncukivated.

Nor need we be furprifed at the early exiftence in
the world of fome vaft empires, or. at the rapidity
with which they advanced to their greatnefs, from
comparatively fmall and obfcure originals. Whilft
tlie inhabitants of fo many countries were broken
into numerous communities, unconned:ed, and often-
times contending with each other ; before experi-
ence had taught thefe little fiates to fee their own
danger in their neighbour's ruin ; or had inftrud;^
ed them, in the neceffity of refifting the aggran*
dizement of an afpiring power, by alliances and
timely preparations ; in this condition, of civil
policy, a particular tribe, which by any means had
got the ftart of the reft in ftrength, or difcipline^
and happened to fall under the conduft of an ambi-^
tious chief, by direnfling their firft attempts to the
part where fucceis was moft fecure, and by afluming,
a^s they went along, thofe whom they conquered, in*
to a fhare of their future enterprizes, might foon
gather a force which would infallibly overbear any
oppoiition, that the fcattered power and unprovided
ftate of fuch enemies could make to the progrels of
their vidories*

Laftly, our theory aflfords a prefumption, that the
earlieft governments were monarchies, becaufe the
government of families, and of armies, from which,
according to our account, civil government derived
its inftitution, and probably its form, is univerfally
monarchicaL

Chapter ii-

HOW SUBJECTION TO CIVIL GOVERNMENT
IS MAINTAINED.

C^OlTLD we vr'v our own fpecies from a
diftance, or regard mu .kind with the fame fort of
obfervation, with Which we read the natural hiftory.

3IO Subjeffhn U CivU Govern fnenfi

or remark the mmners^ of any other anixtial, there is
nothing in the human chara^er Which would moi*e
iurprife U8, than the almoft univerfal fubjugation of
firength to weakneik-^than to fee many millions
of robuft men, in the complete ufe and exercife of
their perfonal Acuities, and without any defect of
courage, waiting upon the will of a child, a woman*
a driveller, or a lunatic^ And although, when we
fuppofe a vaft empire in abfolute fubjedion to one
perfon, and that one deprefled beneath the level of
his fpecies by infirmities, or vice, we fuppofe perhaps
an extreme cafe, yet in all cafes, even in the moft
popular forms of civil government, ibe fb'jfical
firenpb rejtdes in ibe gweirned. In what manner opin-
ion thus prevails over ftrcngth, of how power, which
naturally belongs to fuperior force, is maintained in
oppofitioh to it ; in other words, by what motives
the many are induced to fubmit to the few, becolnes
an Inquiry which lies at the root of almoft every
politiod fpeculation* It removes, indeed, but does
pot refolve the difficulty, to fay, that civil govern-
ments are now-a-days almoft univerfally upheld by
ftandine armies i for the queftion ftill returns, how
are thele armies themfelves kept in fubjeftion, or
made to obey the commands, and carry on the de-
£gns, of the prince or ftate which employs them.

Now although we fhould look in vain for any
Jingle reafon which will account for the general fub-
miffion of mankind to civil government, yet it may
not be difficult to affign for every clafs and charac-
ter in the community, confiderations powerful
enough to diiluade each from any attempts to reiift
^abliihed authority. Every man has his motive,
though not the fame. In this, as in other inftances,
the conduct is fimilar, but the principles which pro-
duce it extremely various.

There are three diftinftions of charafter into
which the fubjedte' of a ftate may be divided ; into
thofe who obey from prejudice j thofe who obey
from reafon } and thofe who obey from felf-intereft.

SubjefiiM to Chii Gwemmsftti 511

I. They who ebey from prejudice, are deternuDcd
by aa opinion of right in their governors ; which
opiiuoa i» founded upon prefcription. In monarchies
and ariftocracies which are hereditary, the prefcrip« ^
tion operates in favour of particular families ; in re«
publics and eledivc offices, in favour ibf particular
forms of government, or conftitutions Nor is it to
be wondered at, that mankind Ihould reverence au*-
thority founded in prefcription, when they oblerve
that it is prefcription which confers the title to al-
moft every thing elfe. The whole courfe and all the
habits of civil ufe, favour this prejudice. Upon
what other foundation ftands any man's right to his
cftate ? The right of primogeniture, the fucceffion of
kindred, the defcent of property, the inheritance of
honours, the demand ot tithes, tolls, rents, or fer-
vices from the eftates of others, the right of way,
the powers of office and maslftracy, the privileges of
nobility, the immunities of the clergy, upon what
are they all founded, in the apprehendon at leaft of
the multitude, but upon prefcription ? To what, elfe,
when the claims are contefted, is the appeal made i
It is natural to transfer the fame principle to the af-
fairs of government, and to regard thofe ejcertions
of power, which have been long exercifed and acqui«
efced in, as fo many rights in the fovereign ; and to
coniider obediaice to his commands, within certain .^
accuilomed limits, as enjoined by that rule of con-
fcience, which requires us to render to every man
his due.

In hereditary monarchies, the prefaiptive title is
corroborated, and its influence coniiderably augment-
ed, by an acceffion of religious fentiments, and by
that iacrednefs which men are wont to afcribe to the
perfons of princes. Princes themfelves have not fail-
ed to take advantage of this difpofition, by claiming a
fuperior dignity, as it were, of nature, or a peculiar
delegation from the Supreme Beine. For this pur-
pofe were introduced the titles of &cred majcfty, of
God's anointed, reprefentative, vicegerent, together
with the ceremonies of inveftitures and coronations.

3 1 1 Sttbje&hh fo Civii Gx^emmeiti. •

which -are cilcurated not fo miich to recognize the
Authority of fovcrdghs, as to confccl^te their peiffbn*.
Where a fabulous religion petftiitted it, thd ptftKc
veneration has been challenged by bolder {)reteftfiofts.
The Roman emperors uftirpcd the titles, and arro^it-
td the worfh^ of gods. The mythology of the hercji^
ftges, and of many barbarous nations, was eafily coil-
verted to this purpofe. Some princes, like the Ite-
l-des of Homer, and the founder of the Roman nattle,
derived their birth from the gods ; others, with iPfu-
»na, pretended a fecret communication with fome di-
vine being ; and others again, like the Incas of Peru,
and the ancient Saxoh kings, cxtraAed tlieir defcent
from the deities of tlieir country. The Lama of
Thibet, at this day, is held forth to his fubjects, not a5
Xht oflFspritig or fucceffor of a divine race of princes,
but as the immortal God himfelf, the objeft at onct
^of civil obedience and religious adoration. This in-
ftance is lingular, and may be actounted the fartheft
pbint to whKh the abiifc of human credulity has ever
been tarried. But in all thefe inftances the purpofe
was the fame — ^to engage the reverence of mankind,
by an application to their religious principles.

The reader will be careful to obferve, that in this
article we denominate every opinion, whether true
or faMc, a prejudice^ which is not founded upon argu-
A^nt, in th€ mind of the perfon who entertains it.
• 11. They who obey from reafon^ that is to fay, from
€onfci^c6 as inftru^ed by reafortings and conchilion^
of their own, are determined by the confideration of
the neceffity of Tome government of other ; the cer-
tain mifchief of civil commotions, and the danger of
tefettling the government of their country better, of
4t all, if once fubverted or ditturbed.

III. They who obey iroTCifelf -inter ejly are kept iii
ofder by want of leifure ; by a fucceffion of private
cares, f)leafures and engagements ; by contentment,
or a fenfe of the 6afe, plenty, and fafety which they
enjoy ; or laftly and principally, by fear, forefeeiilg
that tliey would bring themfelves by refiftance into
a w«f fe filuation than their prelent, inafmuch as the

fif f nglk of gowf em^nt, eacfe 4tfcopttwt^d fubjeft re-
4p^, i^gresit^r tfa^b hift/?wn^and lie t;no\fS/»Qt tha%
QtH^ra would im» hini. This laft copflderation haft
often beqn calkd <7//>w<mi t^f pqm^r.

Thfe «^couat of the principles by which mankind
ar0 irctw)ed in thcji? obe<iieBce to civiJ^overnment^
mvf fuggf^ft the foilpwiug cautions :

I.. i,ct civil gQvernoiys lQa?n from hence to refpeft
their fubjetls ; let them be 2i<jLmoni{hed» that the phy^
Jkai^rengtb re/ides in the gov(rne4 ; that this ftrength
wants only to be. felt and roofed, tp foy prgftra^te tbo
iftoft ancient and confirmed donaiai^vn j that civil
authority \% fqundcd in opinion ; that general opin-f
iqa therefore ought always to be treated with defer*
encQ^ and manag^ with delicacy and circumfpe^ion.
. a. Qpinion, of r^ht always foUqwing the cuftmi bet
iag fop thr moft part founded in nothing elfe, 3U^
landing one prin^ipaJi fupport to goverDment, every
Uuiovation in the conftitution, or, in other words, in
thecuAom qf governing, diminilhes the ftability c^*
govermnent. Hence fame abfu^dities are to be re^
tainetd, and SFiwyiinaU i&eonveniences^endwed in
every country, rathef than the ufoge Ihould be vio-
bt^.or the cofurfe of public al&irs diveifted from
theit oJd and fmooth channel Even mm^ are not
indi&ifQnt. When the niuhitude are to be dealt
with, there is a charm in founds. It waa upon this
principle, tha£ feveral ftateftnen of thoie times advii^
e4 Crooiwdl to jtffume the title of king> together
with the ancient ftyle and infignia of royalty. The
mindte of many, they contended,, would be broi^ght
to aeqmefce in the authority of a king, who fiifpe^
ed the office, and were oifended with the adminif-
t ration o£ a protector. Novelty reminded them of
ufurpation. The adverfaries of this defign oppoied
the nieafure, from the fame perfuafion of the eificacy
o£ names and forms, jealous left the veneration paid
to. thefe, ihould add an influence to the new fettle-
iRfint* which might eafnare the liberty of the conv
iDonweakh.

5 14 SubjefHen t^ Civil GrCfernmefU^

•

3. Govemmeih may be ioofecure. The grtettft ty-
rants have been thofe, whofe titles were the moft
unqueftionable. Whenever therefore the opinion
of right becomes too predominant and fuperftitious,
it is abated bv breaking the cujiom. Thus the Revo-
lution broke^he cuftom offuccejftm^ and thereby mod«
erated, both in the prince and in the people, thofe
lofty notions of hereditary right, which in the one
were become a continual incentive to tyranny, and
difpofed the other to invite fervitudc, by undue
compliances and dangerous conceilions.

4. As ignorance of union and want of communi*
cation appear amongft the principal prefervatives of
civil authority, it behooves crvery ftate to keep itsfub-
jecls in this want and ignorance, not only by vigU
lance in guarding againft aftual confederacies and
combinations, but by a timely care to prevent great
collections of men of any feparate party of religion,
or of like occupation or profeiHon, or in any way con-
neded by a participation of intereft or paffion, from
being aflembled in the fame vicinity, A Proteftant eC-
tabliihment in this country, may have little to fear
from its Popifli (Ufajeds, fcattered as they are through-
out the kingdom, and intermixed with the Prote^nt
inhabitants, which yet might think them a formidable
body, if they were gathered together into one coun*
ty. The moft frequent and delperate riots are thofe
which break out amongft men of the fame profeffion,
as weavers, miners, failors. This circumftance makes
a mutiny of foldiers more to be dreaded than any
other infurreCtion. Hence alfo one danger of an
overgrown metropolis, and of thofe great cities and
crowded diftrids, into which the inhabitants of trad-
ing countries are commonly coUefted. The worft
eneft of popular tumults confills in this, that they
difcover to the infurgents the fecrct of their own
ftrength, teach them to depend upon it againft a fu-
ture occafion, and both produce and diflufe ienti-
ments of confidence in one another, and afliirances
of mutual fupport. Leagues thus formed and
ftrengthened, may overawe, or overfet the power of

l}ttty cf Svlbmffm epcplained. 3x5

any fiate ; and the danger is greater, in proportion,
as, from the propinquity of habitation and inter-
courfe of employment, the paffions and counfels of a
party can be circulated with eafe aud rapidity. It is
by thefe means, and in fuch fituations, that the minds
of men are fo afiedted and prepared! that the moft
dreadful uproars often arifc from the flighteft provo-
cations. When the train is laid, a fpark will pro-
duce the explofion.

Cfjapter in.

THE DUTY OF SUBMISSION TO CIVIL GOV-
ERNMENT EXPLAINED.

The fubjea of tWs chapter is fufficiently dif-
tin^iflied from^the fubjed of the laft, as the motives
which a£hially produce civil obedience, may be, and
often are, very different from the reafons which
make that obedience a duty.

In order to prove civil obedience to be a moral
duty, and an obligation upon the confcience, it hath
been ufual with many political writers, at the head
of whom we find the venerable name of Locke, to
ftate a compad between the citizen and the ftate, as
the ground and caufe of the relation between them j
which compad binding the parties, for the fame gen-
eral reafon that private contrads do, refolves the du-
ty of fiibmiflion to civil government into the univer-
fal obligation of fidelity in the performance of prom*
ifes. This compad is Iwo-fold :

Rrft, An exprefs compad by the primitive found-
ers of the ftate, who are fuppofed to have convened
for the declared purpofe of fettling the terms of their
political union, and a future conltitution of govern*
ment. The whole body is fuppofed, in the firft
place, to have unanimoufly conlbnted to be bound
by the rcfolutions of the majority ; that majority,
in the next place, to have fixed certain fundamental

3x5 Duty. ^.Stfkmi^n e9(ffatf^

regulations ; and th^fi to h^ye ^pi^ftit^tjed, ekl[tP;}fi
pn^ perfon, or in an afTejpbly (^tip ri^ip oif fi^ccefl&an
or appoint^uent b^ing at the faine tiflf^e cktermiJlf^i
^Jlanding l^gijlatur^^ to whom, ua#r tjiejff pre-eA^bK
Jifhed r^ftridions, the government of the ft^t^ v*S "*
thenceforward cornmitted, and whx^fe l^v^ the fevcf-v
al ipae^ibers of tl>e ^opvention ucere, by.tha^r ^F^
Wdertaking, thus perfoi^allj ej\gagf d to pbey* T^is^
tranfaclion is fometimes called thcfockql cop^faciy a^4
thefe fuppofed original regulations compofe what are
meant by the conjiitution^ the fundamental laws of the
tonJiiiKtion / and form, on one fid^^ the inherent inde-
feaftble prerogative (f the crown : and, on the other, the
unalienable inprefcriptible birth-right of the fubjeft.

ScGoadly, A tacit or implied comwa^t, by all fuc-
ceeding members of the ftate, who, by accepting its
protection, cpnfent to be boupd by its laws; in like
manner, as w^hc)ever voluntarily eni^rs^ into a private
fociety, is underftoo4> without aj\y Qthe^" or mQr4
explicit ftipulationj to promife a conforii^ity witj^
the rules, and obedience to the government pf that
^cietyjt as the known conditions, upoq which ^^ is
admitted to a participation of it§ privile|;^Si.

This account of the fubjed, aUho.u^i fp^cipuSef
and patronized by names the moft refpq^abjp, ap-
pears to labour under the foUowirig pbj^^ion^ ; tha^
It is founded upon a fuppofition fajfc^in fact.; and
leading to dangerous conclufiops. t^p foc.ial cpm^
pact, fimilar to what is here defcribe45 was evet
made or entered into in reality ; no fuch ojfiginal
convention of the people was ever aftu,ally held^ cc
in any country could be held, antece^e^t to tho
exiftence of civil government in that cpHntry. It is
to fuppofe it poffible to call favages out of cayesi aji4
deferts, to deliberate and vote upon topics, which
the experience, and ftudies, and refinements of civU
life alone fuggeft. Therefore no goveri\ment in thc
liniverfe began from this original. Sotnp imitation of
a focial compact may have taken plac^ at a revolution.
The prefent age has been witnefs to a tranfa6tlon>
which bears the neareft refemblance to this political

bm ^of Sulml^ion exflaihtu. ^i^

l^a, ofaHy of i;^hlch hiftory has pfeferved tide sfc-
toTlnt or Wctfibl-y. I tcfer tp the feftablifliment of
the ' United Stlifes 6^ North- America. WefaW th6
people affcmbled to tlect depiitles, for the 'avowed
piifpofe dfft^aWlhg the fcoilftitution of a ttew em-
pire. We faW this deputation of the people ddibfe-
rating and tcfolving iipoil a form of govetntaierit,
erefting a permlrtetit legiflattire, difirlbuting thA
furiclions of fovefeignty, eftablifhing afid proniulgat-
Itig a code Of fundamental ordinances, which Were
to be confidcted by fucceeding gehei-ations, riot
merely ^s laws and afts of the ftate, but as the very
tcl'ms arid cOriditions of the confederation ; as bind-
ing not only upon the fubjcdls a*nd magiilrates of th6
flare, but as limitations of powfer, Which Were to
control and regulate th^ future legifiiiture. Yet
even here much was prefuppofed. In fettling the
tOfiltitution many important parts >)erre prefuined
to bt jklready fettied. The qualificatiohs of the con-
ftituems who were admitted to vote in the elcftion
df members of congreft, as well as the mode of
elefting the reprcfentatives, were taken frbm the
■old forms of government. That was wintifig firoq^
which every focial union fliould fet olF, and which
alone matke^ the refolutiofts of the fociety the act of
the individual, the unconftrajned conlbnt of all to
be bound by the decifion of the majot-ity ; and yet,
without this prtivrous confelu, the revolt, and the
rcglilations which followed it, Were couipulfory
upon difTentiertts.

But the original compaA, we are told, is not pro*
Y>ofed as zfaB, but as a fiftion, which furnilhes a
cotitmodious explication of the mutual rights and
duties of fovereigns and fubjecls. In anfwer to this
reprcfentation ot the mattef, we obferve, that the
original compaft, if it be not a faft, i^ nothing;
cati confer no aftual authority upon laws or
magiftrates, nor afiord any foundation to tights,
which are fuppofed to bd real and eiifting. But
the truth is, that in the books, and in the apprehe'n-
fion of thofe who deduce ouf civil rightsr alid'^Obli-

3i8 Duiy of Submlffim explained^

gations a paSiisj the original convention is appealed
to and treated of as a reality. Whenever the diC
ciples of this fyllem fpeak of the confUtution ; of
the fundamental articles of the conftitution \ of laws
being cpnftitutional or unconflitutional ; of inhe-
rent, unalienable, inextinguifiiable rights, either in
the prince, or in the people ; or indeed of any laws,
ufages, or civil rights, as tranfcending the authority
of the fubiifiin^ legiflature, or poflemng a fcMTce and
*fan6lion fupenor to what belong to the modern
afts and edifts of the legiflature, they fccretly refer
us to what paifed at the original convention. They
would teach us to believe that certain rules and or-
dinances were eftablifhed by the people, at the fame
time that they fettled the charter of ffovernment,
and the powers as well as the form of tne future le-
giflature ; that this legiflature confequently, deriving
its commiflion and exiftence from the confent and
ad of the primitive aflembly (of which indeed it is
only the ftanding deputation) continues fubjed in
the exercife of its offices, and as to the extent of its
power, to the rules, refervations, and limitations
which the fame affembly then made and prefcribed
to it.

• " As the firft members of the ftate were bound by
exprefs flipulation to obey the government which
they had erecled, fo the fucceeding inhabitants of
the fame country are underftood to promife allegi*
ance to the conlUtution and government they find
cfl:abliflied, by accepting its prote&ion, claiming its
privileges, and acquiefcmg in its laws ; more elpec-
lally, hy the purchafe or inheritance of lands, to
the pofleflion of which, allegiance to the ftate is an-
nexed, as the very fervice and condition of the ten-
ure/' Smoothly as this train of argument proceeds^
little of it w'dl endure examination. The native fub-
jeds of modern ftates are not confcious of any ftipu-
lation with their fovereigns, of ever exercifing an
eleftion whether they will be bound or not by the a£b
of the legiflature, of any alternative being propofed
to their choice, of a promife either required or giv-

Duiy fff Submiffion explained^ 319

en ; tior do they apprchemi that the validity or au-
thority of the kws depends at all upon their recog-
nition or conibnt. In all ftipulatlons, whether they
be expreffed or implied, private or public, formal or
ccHiftrudive, the parties ftipulating muft both poflefs
the liberty of a£tent and refufal, and alfo be con-
fcious of this liberty ; which cannot with truth be
affirmed of the fubjefta of civil government, as gov-
ernment is now, or ever was aftually adminifttred.
This is a defeft, which no arguments can excufe or
fupply: all prcfumptions of confent, without this
confcioufnefs, or in oppofition to it, are vain and
erroneous. Still lefs is it poffible to reconcile with
any idea of ftipulation the practice in which all Eu-
ropean nations agree, of founding allegiance upon
the circumftance of nativity, that is, of claiming
and treating as fubjefts all thofe who are born with-
in the confines of their dominions, although remov-
ed to another country in their youth or infancy.
In this inftance certainly, the ftate does not prefume
a compaft. Alfo if the fubjeft be bound only by
his own confent, and if the voluntary abiding in the
country be the proof and intimation of that confent,
by what arguments fliall we defend the right,
which fovereigns univerfally affume, of prohibiting,
when they pleafe, the departure of their fubjefts
out of the realm ?

Again, when it is contended that the taking and
holding pofleffion of land amounts to an acknowl-
edgment of tlie fovereign, and a virtual promife of
allegiance to his laws, it is neceffary to the validity
of the argument to prove, that the inhabitants, who
firfl compofed and conftituted the ftate, colledively
poffeffed a right to the foil of the country — a right
to parcel it out to whom they pleafed, and to annex
to the donation what conditions they thought fit.
How came they by this right ? An agreement
amongft themfelves would not confer it : that could
only adjuft what already belonged to them. A fo-'
ciety of men vote themfelves to be the owners of a
R R

3iK> Duty of SiAmiffion explaim^^

r^on of th^ world y does thiat; vote^uiKicco^^paDied
, efi^ciaUy with any culture^ inclofore, or proper a£k
or occupation, maJce it theirs F doe& i(^ eotide them
to exclude others from it, or to di^kate the conditions
upon which it ^all be enjoyed ? Yet this original
collective right and ownerfliip, is the foundation of
all the reafoning^ by which the duty of allegiance
is inferred froH> the pofieifion of land.

The theory of government, w^hich affirms the ex-
iftence and the obligation of a focial compact, would,
after all, merit little difcnilion, and however ground^
Jefs and unneceffary, ihould receive no oppofitioa
from us, did it not appear to lead to conclufions un-
favourable to the improvement, and to the peace of
human fociety.

I ft. Upon the fuppofition that government was
firft ereded by, and that it derives all its juit au-
thority from, refolutions entered into by a conven-
tion of the people, it is capable of being prefumed,
that many points were fettled by that convention,
anterior to the eftabliihment of the fubiifting legif-
lature, and which the legiflature, confequently, has
no right to alter, or interfere with. Thefe points
are called tlit fundamentals of the conftitution ; and
as it is impoffible to determine how many, or what
they are, the fuggefting of any fuch, ferves extremely
to embarrafs the deliberations of the legiflature, and
affords a dangerous pretence for difputing the author-
ity of the laws. It was this fort of reafoning (fo for as
reafoning of any kind was employed in the queftion)
that produced in this nation the doubt, which fo
' much agitated the minds of men in the reign of the
fecond Charles, whether an Act of Parliament could
of right alter or limit the fucceffion of the crown.

2dly . If it be by virtue of a compad, that the fub-
jeft owes obedience to civil government, it will fol-
low, that he ought to abide by the form of govern-
ment which he finds eftabliflied, be it ever fo abfurd,
.or inconvenient^ He is bound by his bargain. It is
not permitted to any man to retreat from his engage-
ment, merely becaufe he finds the performance difad-

Duty of Submffion explained. ^ix

▼antageous, or *bccaufe lie has an opportunity of en-
tering into a better. This law of contrafts is univer-
ial : and to call the relatio^ between the fovereign
and the fubjefts a contraft, yet not to apply to it the
rules, or allow of the effefts of a contra A, is an arbitra-
-ry ufe of names, and an unfteadinefs in reafoning,
which can teach nothing. RefiAance to the entroacb^
menis of the fupreme magiftrate may be juftified upon •
this principle ; recourfe to arms, for the purpofe of
'bringing about an amendment to the conftitution,
never can. No form of government contains a pro-
vifion for its own diflblution ; and few governors will
qonfent to the extinftiop, or even to any abridgment
C(f their own power. It does not therefore appear, how
dcfpotic governments can ever, in confiftency with
the obliffatio^ of the fubjed,*be changed, or mitigated.
Defpotiun is the c6nftitution of many ilates : and
whilft a defpotic prince exacts from his fubjefts the
,moft rigorous fervitude, according to this account,
he is only holding them to their agreementi. A peo-
ple may vindicate, by force, the rights which the con-
ftitution has left them ; but every attempt to narrow
the prerogative of the crown, by new limitations, and
in oppofition to the will of the reigning prince, what-
ever opportunities may invite, or fuccefs follow it,,
ipuft'be condemned as an infradion of the compad
between the fovereign and the fubjed.

3dly. Every violation of the compact on the part
of the governor releafes the-fubjed from his alle^-
ance, and diflblves the government. I do not per-
. ceive how we can avoid "this confequence, if we
found the duty of allegiance upon compad, and
confefs any analogy between the -focial compad and
other conttads. In private contrads, the violation
' and non-performance of the conditions, by one of
the parties, vacates the obligation of the other.
Now the terms and articles of the focial compad,
being no where extant or expreffed ; the rights and
offices of the adminiftrator of an empire being fo
.many and various ; the imaginary and controverted
line of his prerogative being fo liable to be over-

322 Duty of Sidmijion e^cplaintd*

Oiepped in one part or other of it : the pofition that
every fuch tranfgreffion amounts to a forfeiture of
the government, and confequently authorizes the
people to withdraviT their obedience and provide for
themfelves by a new fettlement, would endanger the
liability of every political fabric in the world, an4
has in fa& always fupplied the difafiefted with a topic
of feditious declamation. If occafions have arifeu, in
which this plea has been reforted to with juftice and
fuccefs, they have been occafions, in which a revolu-
tion was defeniible upon other and plainer principles*
The plea itfelf is at all times captious and unfafe.

■■ 1 ■■■■■

Wherefore, rejefting the intervention of a campact^
as unfounded in its principle, and dangerous in the
application, we aiSgn for the only ground of the fub-
jeft's obligation, t«e wjll o? God, as. Qollected

JFROM EXPEPItiNCY.

The fteps by which the argument proceeds arc few
and direct. ^^ It is the will of God that the happinels
of human life be promoted ;" — ^this is the firft ftep,
and the foundation not only of this but of every mor-
al conclulion. " Civil fociety conduces to that end;'*
"^--this is the fecond propofition. *' Civil focieties
cagnot be upheld, unlels in each, the intereft of
the whole fociety be binding upon every part and
member of it ;" this is the third ftep, and conduds
us to the conclufion, namely, '' that fo long as the in-
tereft of the whole fociety requires it^ that is, folong
as the eftabliftied government cannot be reiifted or
changed, without public inconveniency, it is the will
of Goci (which iqUI univerfally determines our duty)
that the eftabliftied government be obeyed,"-^and no
longer,

This principle being admitted, thejuftice of every
particular cafe of refiftance, is reduced to a computa-
tion of the quantity of the danger and grievance on
the one fide, and of the probability and expenfe of
redrefling it on the other.

But who ftiall judge of this ? We anfwcr, " Every
man for himfelf/* In contentions between the fov-^

'Duty of Suhfijffktt eKpMned. 3^3

«r^gn and the fubjeft, the parties acknowledge no
cprnmon arbitrator ; and it would be abfnrd to refer
the deciiion to tho/e whofe conduct has provoked the
qneftion, and whofe own intereft, authority, and fate,
are immediately concerned in it. The danger of er-
ror and abufe is no objedion to the rule of expedi-
,eucy, becaufis every other rule is liable to the fame or
greater ; and every rule tljat can be propoiinded up-
on the fubjed (like all rules indeed which appeal to, or
bind, the confcience) mult in the application depend
upon private judgpent. It piay be obferved, how-
ever, that it ought equally to be accounted the cxer-
cife of a man's private judgment, whether he be
determined by reafonings and conclufions of his own,
or fubmit to be direfted by th^ advice of otberSf
provided he. be free to choofe his guide.

We proceed to point out fome eafy but important
inferences, which refult from the fubftitution of pub-
lie expediency into the place of all implied compa^^,
promifes, or conventions whatfoever*

I. It may be as much a duty, at one time, to rellft
government, as it i^ at another, to obey it — ^to wit,*
yrhenever more advantage will, in our opinion, accrue
to the community from refiftance, than mifchief.

II. The lawfulnels of refiftance, or the Jawfulnefs
of a revolt, does not depend alone upon the.griev-
ance which is fuilained or feared, but alfo upon the
probable expenfe and event of the conteft. They
who concerted the Revolution in England were jufti-
fiable in their counfels, becaufc from the apparent
difpofition of the nation, and the ftrength and char-
after of the parties engaged, the meafure was likely
to be brought about with little mifchief or bloodihcd ;
whereas, it might have been a queftion with many
friends of their country, whether the injuries then
endured and threatened, would have authorized the
renewal of a doubtful civil war.

HI. Irregularity in the firft foundation of a ftate,

or fubfequent violence, fraud, or injullice in getting

pofleffion of the fupreme power, are not fufficient

, reafons for refinance, after the government is once

3^4 ^^ty ^ S^mijkm e^tplained.

peaceably fetded. NofiifcjeaoftheBrki&efnpirecofi-
ceives himfelf eogaged to vindicate the juftice of the
Norman daim,or conqueft^or apprehends that his du-
ty in any manner depends upon that controverfy. So
Kkewife if the Houfe of Lancafter, or even the pofter-
ity of Cromwell, had been at this day feated upon
the throne of England, we fliould have been a« little
concerned to inquire how the foufid<er of the family-
came therje. No civil contefts are fo futtle, idthough
none have been fo furious and (anguinary, as thofe
which are excited by a difputed fucceflion.

IV. Not every invafion of the fubject's ri^ts, or
liberty, or of the conftitution ; not every breach of
•promife,or of oath.; not every ftretch of prerogative,
abufe of power, or neglect of duty by the chief
magiftrate, or by the whole or any branch of the le-
giflative body, juftifies refiftance, unlefs thefe crim^
draw after them public confequences of fufficient
^magnitude to outweigh the evils of civil difturbance.
Neverthelefe, every violation of the conftitution
ought to be watched with jealoufy, and refented
as/z/^i&,1>eyond what the quantity of eftimable dam-
age would require or warrant ; becaufea knownand
fettled ufage of governing affords the only fecurity
againft the enormities of uncontrolled dominion, and
becaufc this fecurity is weakened by every encroach-
ment which is made without oppofition, or oppofed
without effeft.

V. No ufage, law, or authority whatever, is fo
binding that it need or ought to be continued, when
it may be changed with advantage to the community.
The ftimily of the prince, the order of fucceffion, -the

}>rerogative of the crown, the form and parts of the
cgiflature, together with the refpe£tive powers, of-
fice, duration and mutual dependency of the feveral
J>arts, are all only fo many laws^ mutable like other
aws whenever expediency requires,.either by the or-
dinary aft of the legiflature, or, if the occafion de-
ferve it, by the interpofition of the people. Thefe
points are wont to be approached with a kind «f
awe ; they are reprefented to the mind as principles

Duty of Submifim exfflained. 325

eSt the coBfiitulion fettled by our amceftors, and, be-
Mig fettled, to be no more committed to innovation
or debate y as foundations never to be fiirred ; as-
the terms and conditions of the focial compa<^, to
which every citizen of the fiate has engaged his fideli-
ty,by virtue of apromife, which he.cannot now recall.
Such reafons have no place in our fyftem ; to us, if
there be any * good reafon for treating thefe vKth
more deference and refpeA than other laws, it is,
either the advantage of the prefent conftitution of
government (which reafon muft be of differ^t force
in diflFerent countries) or becaufe in all countries, it
is of importance, that the fof m and ufage of govern-
ing be acknowledged and underftood, as well by the
governors as by the governed, and becaufe the fel«
domer it is changed, the more perfedly it will be
known by both fides.

VL As all civil obligation is refolved into expedi*
ency, what, it may be a&ed, is the difference be*
tween the obligation of an Engliihman and a French**
man ? or, why is a Frenchman bound in confcience
to bear any thing from his king, which an Englifh-
man would not be bound to bear, fince the obliga-
tion of both is founded in the fame reafon ? Their
conditions may differ, but their rights^ according to
this account, ihould fccm to be equal ; and yet we
are accuftomed to fpeak of the rights as well as of the
happinefs of a free people, compared with what be-
long to the fubjecls of abfolute monarchies : how,
yon will fay, can this comparifon be explained, unlefs
we refer to a difference in the compads, by which
they are refpectively bound ?— This is a fair queftion,
and the anfwer to it will afford a further illuftration
of our principles. We admit then, that there are
many things which a Frenchman is bound in con-
fcience, as well as by coertion, to endure at the hands
of his prince, to which an Engliihman would not be
obliged to fubmit ; but we affert, that it is for thefe
two reafons alone : Jitji^ becaufe the fame* z&, of the
prince^ is not the fame grievance where it is agreea*
ble to the confiitution, and where it infringes it : fee^

^26 jbuty of Submi^on explainecL

cndly^ becaufe redrefs in the two ciifes is not equally
attainable. Rcfiftance cinnot be attempted with
equal hopes of fuccefs, or with the fame profpeft of
receiving fupport from others, where the people are
reconciled to their fufferings, as where they are
alarmed by innovation. In this way, and no other-
wife, the fubjefts of diflFerent ftates poffefs different
civil rights ; the duty of obedience is defined by dif-*
ferent boundaries ; and the point of juftifiable refift-^
ance placed at different parts of the /ca/e of fuffering
— all which is fufficiently intelligible without a fo-
cial compaft.

VII. " The intcreft of the whole fociety is binding
upon every part of it." No rule, fliort of this, will
provide for the ftability of civil government, or for
the peace and fafety of focial life. Wherefore, as in-
dividual members of the ftate are not permitted to
purfue their private emolument to the prejudice of
the community, fo is it equally a confequence of
this rule, that no particular colony, province, town,
or diftrift, can juftiy concert meafures for their fepa*
rate intereft, which fhall appear at the fame time to
diminifli the fum of public profperity. I do not
mean, that it is neceffary to the juftice of ^ meafure,
that it profit each and every part of the community ;
for as the happinefs of the whole may be increafed,
whilft that of fome parts is diminifhed, it is pofiible,
that the conduft of one part of an empire may be
detrimental to fome other part, and yet juft, provid-
ed one part gain more in happinefs, than the other
part lofes, fo that the common weal be augmented by
the change : but what I affirm is, that thofe counfels
can never be reconciled with the obligations refulting
from civil union, which caufe the whole happinefs of
the fociety to be impaired for the conveniency of a
part. This conclufion is applicable to the queftion
of right between Great Britain and her revolted
colonies. Had I been an American, I fhould not have
thought it enough to have had it even demonftrated,
that a feparation from the parent ftate would produce
effects beneficial to America; my relation to that ftate

Didy of Civil Obedience. 327

l(tt()ofed upon me a further inquiry, namely, whether
the whole happinefs of the empire was likely to be
promoted by luch a meafure ?— Not indeed the hap-
J>inels of every part ; that was not neceflary, nor to
be expected — ^^ut whether what Great Britain would
lofe by the Reparation was likely to be compenfated to
the joint ftock of happinefs, by the advantages which
America would receive from it. The' contefted
chums of fovereign ftates, and their remote depen-
dencies, may be fubmitted to the adjudication of this
rule with mutual fafety. A public advantage is
meafured by the advantage which each individual
receives, and by the number of thofc who receive it.
A public evil is compounded of the fame propor-
tions. Whilft, therefore, a colony is fmall, or a
province thinly inhabited, if a competition of in-
.terefts arife between the original country and their
acquired dominions, the former ought to be prefer-
red, becaufc it is fit, that, if one inuft neceflarily be
facrificed, the lefs give place to the greater: but
when, by an increate of population, the intereft of
the provinces begins to bear a confiderable propor-
tion to the entire intereft of the community, it is
poffible that they may fufFer fo much by their fub-
jeftion, that not only theirs, but the whole happi-
nefs of the empire may'be*obftrufted by their union.
The rule and principle of the calculation * being ftill
the fame, the refult is different ; and this difference
begets a new iituation, which entitles the fubordi-
nate parts of the ftate to more equal terms of con-
federation, and, if thefe be refufed, to independency.

Cljapter iv.

THE DUTY OF CIVIL OBEDIENCE, AS STAT-
ED IN THE CHRISTIAN SCRIPTURES.

We affirm, that, as to the extent of our civil
rights and obligations, Chriftianity hath left us where
flie found us ^ that ihe hath neither altered nor af-
Ss

328 Duiy ff Civil Obediina^

ceruined it ; that the New Teftam^t cont^s not
one paiTage, which, fairly interpreted, affords either
argument or o^ecldon aj^licabk tp any concluiion^
Upon the fubjea, that are deduced from the law and
religion of nature.

The only parages which have been ferioufly al-'
leged in the cqntroveriy, or which it is nectary
for us to ftate and examine, are the two following ;
the one extraded from St. Paul's Epiftle to the Ro«
maps^ the other from the Firft General Epiftle of St«
Peter,

Romans xiii. 1 — 7.

^' Let every foul be fubjed unto the higher pow«
ers. For there is no power but of God ; the pow*
ers that be, are ordained of God. Whofoever there-
fore reiifteth the power, reiifteth the ordinance of
God : and they that reiift, fliall receive to them-
felves damnation. For rulers are not a terror to

food works, but to the evil. Wilt thou then not
e afraid of the ppwer ? Do that which is gpod^
and thou {halt have praife of the fame : for he is the
minifter of God to thee for good. But if thou do
that which is evil, be afraid ; for he beareth not the
fword in vain : for he is the minifter of God, a re^
venger to execute wrath upon him that doeth eviL
Wherefore ye muft needs be fubjed, not only for
wrathjbut alfo for confcience lake. For, for this caufe
pay you tribute alfo : for they are God's minifters,
attending continually upon this very thing. Ren-
der therefore to all their dues : tribute to whoip
tribute is due, cuftom to whoni cuftom, fear to
whom fear, honour to whom honour.*'

I P£T£R ii. 13 18.

** Submit yourfelves to every ordinance of man
for the Lord's fake : whether it be to the king as
fupreme ; or unto governors, as unto them that are
fent by him for the punifhment of evil doers, and for
the praife of them that do well For fo is the will
of God, that with well-doing ye may put to iilence
the ignorance of foolifli men : as free, and not uiing

m Jiafed tn ihe Scriptures. 3S9

yotir liberty for a cloak of malxcionfnefs, but as the
fcrvants of God/*

To compfehend the proper import of thefe in-
firudions, let the reader refled, that upon the fub-
ytdi of civil obedience there are two queftions : the
firft, whether to obey government be a moral duty
and obligation upon the confcience at all ; thq fec-
Ond, how far, and to what cafes, that obedience
ought to extend ; — that thefe two queftions are fo dif-
tingutfhable in the imagination, that it is poflible to
treat of the one, without any thought of the other ;
and hftly, that if exprcffions which relate to one of
thefe queftions be transferred and applied to the oth-
er, it is with great danger of giving them a fignifica*
tion very difitrent from the author^ meaning. This
diftindion is not only poffible, but natural. If I met
with a pcrfon, who appeared to entertain doubts,
whether civil obedience were a moral duty, which
ought to be voluntarily difcharged, or whether it
were not a mere fubmiffion to force, like that, which
we yield to a robber, who holds a piftol to our breaft,
1 fliould reprefcnt to him the ufe and offices of civil
government, the end and the neceffity of civil fub-
jcftion ; or, if I preferred a diflPerent theory, I fhould
explain to him the focial compaft, urge him with the
obligation and the equity of his implied promife and
tadt confent to be governed by the laws of the ftate
from which he received proteftion ; or I Ihould ar-
gue, perhaps, that nature lierfelf didated the law of
fubordination, when flie planted within us an incli-
nation to aifociate with our fpecics, and framed us
with capacities fo various and unequal. From what-
ever principle I fet out, I fhould labour to infer from
it this conclufion, " That obedience to the ftate is to
be numbered amongft the relative duties of humail
life, for the tranfgreffion of which we fliall be ac-
countable at the tribunal of divine juftice, whether
the magiftrate be able to punifh us tor it or not ;"
and being arrived at this conclufion, I fiiould ftop,
having delivered the conclufion itfclf, and through-
out the whole argument exprefied the obedience,,

#

330 Duty of- Civil ObeM^ue^

which I inculcated, in the moft general and unquaU
ified terms, all refervations and reftridions being fu«
perfluous, and foreign to the doui^ts I was employed
to remove.

If in a fhort time afterwards, I fhould be accofted
by the fame perfon, with complaints of public griev-
ances, of exorbitant taxes, of ads of cruelty and op^
preiHon, of tyrannical encroachments upon the an*
cient or fiipulated rights of the people, and fhould
be confulted whether it were lawful to revolt, or
luflifiable to join in an attempt to fhake off the yoke
by open rcfiftance ; \ fhould certainly confider my-
felf as having a cafe and quefllon before me very difv
ferent from the former. I fhopld now define an4
difcriminate. I fhould reply, that if public expedi*^
ency be the foundation, it i$ alio the meafuce of civil
obedience ; that the obligation of fubjeds and fov*
ereigns is reciprocal ; that the duty of allegiance,
whether it be founded in utility or compad, is neir
thcr unlimited nor unconditional ; that peace may
be purchafed too dear ; that patience becomes cuU
pable puiillan;mity, when it ferves only to encourage
our rulers to increafe the weight of our burthen, or
to bind it the fafter ; that the fubmifiion, which fur*
renders the liberty of a nation, and entails flavery
upon future generationsi, is enjoined by no law of
rational morality : finally, \ fhould inftrucl the inquir-
er to compare the peril and expenfe of his enterprize,
with the effeds it was expeded to produce, and to
niake choice of the alternative, by which, not his
own prefent relief or profit, but the whole an4 per-
manent intereft of th^ flate was likely to be beft pro-
moted. If any one who had been prefent at both
thefe converfations fhould upbraid me with change
or inconfiflency of opinion, fhoijd retort upon me
the paflive dodripe I before taught, the lar^e and
abfolute terms in which I then delivered leflons of
obedience and fubmifiiony I fhould account myfelf
unfairly dealt with. I fhould reply, that the only
difference which the language of the two converia^
tions prefented was, that I added now many exccp.

€s 'fitted in tie Scriptures. 331

tions and limitations, ^hich were omitted or un-
thought of then ; that tnis diflference arofe naturally
from the two occafions, fuch exceptions being as
neceffary to the fubjcft of our prefent conference, as
they would have been fuperfluous and unfeafonablc
in the former.

Now the diflFerence in thefe two converfations is
precifely the diftindion to be taken in interpreting
thofe paflages of fcripture, concerning which we are
debating. They inculcate the duty^ they do not dc-
fcribe the extent of it. They enforce the obligation
by the proper fandions of Chriftianity, without in*
tending either to enlarge or contraft, without con*^
fidering indeed the limits by which it is bounded.
This is alfo the method, in which the iame Apofiles
enjoin the duty of fervants to their mailers, of chil^
dren to their parents, of wives to their hufl>ands4
" Servants, be fubjedl to your maftcrs.*'-— " Children,
obey your parents in all things/' — ** Wives, fubmit
yourfelves unto your own hulbands." The fame
concife and abfolute form of expreffion occurs in all
thefe precepts; the famefilence, as to any exceptions
or difiin&ions ; yet no one doubts, but that the com*-
mands of mailers, parents, and huibands, are often
fo immoderate, unjufl, and inconfiftent with other
obligations, that they both may and ought to be re*
^fled. In letters or diflertations written profeffcdly
upon feparate articles of morality, we might with
inore reafon have looked for a precife delineation of
our duty, and fome degree of modern accuracy in
the rules which were laid down for our diredion ;
but in thofe flxort coUeftions of practical maxims,
which compofe the concluiion, or fome fmall portion,
of a doftrinal or perhaps controverfial epiftle, we
cannot be furprifed to find the author more folicitous
to imprefs the duty, than curious to enumerate ex«
teptions.

The confideration of this diftinclion is alone fuffi-
(ient* to vindicate thefe paffages of fcripture from
any explanation, which may be put upon them, in
iiivour of an unlimited pajQlve obedience. But if wc

531, Duty ef ChlJ Obedi^ee^ ^

be pcrmttted to aflbttic a ftJppofitibn> which rtiiny
commentators proceed upon as a certainty, that the
firft Chriftians privately chcrilhed an opinion, that
their converfion to Chriftianity entitled them to new
immunities, to an exemption as of right (however
they might give way to neceffity) from the authority
of the Roman fovereign, we arc furniflied with a
ftiU more apt and fatisfaftory interpretation of the
Apoftles* words. The two paffages apply witR
.great propriety to the refutation of this error ; they
teach the Chriftian convert to obey the magiftrate
« for the Lord's fake," — ''^ not only for wratn, but
for confdence fake ;** — ^*' that there is no power but
of God ;*' — "that the powers that be,*' even the pref-
ent rulers of the Roman empire, thou^ heathens
and ufurpers, feeing they are in polTeffion of the actu-
al and neceffary authority of civil governnient, " arc
ordained of God," and, confequently^ entitled to re*
ceive obedience from thofe who profefs themfclves
the peculiar fer^nts of God, in a greater (certainly
not m a lefs) d^ree, than from any others. They .
briefly defcribe the office of civil governors, " the
punifliment of evil doers, and the praife of them that
do well ;" from which defcription of the ufe of gov-
crnment, theyjuftly infer the duty of fubjeftion,
which duty, being as extenfive as the reafon upon
which it is founded, belongs to Chriftians no lefs
than to the heathen members of the community.
If it be admitted, that the two Apoftles wrote with X
view to this particular queftion, it will be confeffed,
that their words cannot be transferred to a queftion
totally different from this, with any certainty of car-
rying along with us their authority and intention.
There exifts no refemblance between the cafe of a
primitive convert, who difputed the jurifdiftion of
the Roman government over a difciple of Chriftian-
ity, and /j/V, who, acknowledging the general author-
ity of the ftate over all its fubjefts, doubts, whether
that authority be not, in fome important branch of
it, fo ill conftituted or abufed, as to warrant the en-
deavours of the people to bring about a reformatioft

as JlaUd m the $criftMr$s^ 333

ky force ; 0«P can we jud^e wkat reply the Apol^
4es would have made to t\ii% fecond queftton, if it had
l^een propofed to them, from any thing they have
delivered upon the firjl ; any more than in the two
confuUations above defcribed, it could be known fae-
lorehand, what I would fay in the latter, from the
anfwer which I gave to the former.

The only defe^ in this account is, that neither the
£briptures, nor any fubfequent hiftory of the early
ages of the church, furnilh any dire<^ attefiation of
the exiftence of fuch difaffe^led fentiments amoi^
the primitive converts. They fupply indeed fomc
circumftances, which render probable the opinion,
that extravagant notions of the political rights of
the Chriftian ftate were at that time entertained by
many profelytes to the religion. From the quefiion
propofed to Chrift, *' Is it lawful to give tribute un-
to Cslar ?" it may be prefumed that doubts had
been ftarted in the Jewifl^ fchools concerning the ob-
ligation, or even the lawfulnefs, of fubmifiion to the
Roman yoke. The accounts delivered by Jofephus^
•of various infurreclions of the Jews of that and thf
following age, excited by this principle, or upon this
pretence, confirm the prefumption. Now^ a$ the
Chriftians were at firft chiefly taken from the Jews^
confounded with them by the reft of the worid, and,
from the affinity of the two reUgions, apt to inter-
mix the dodrines of both, it is not to be wondered
at, that a tenet, fo flattering to the felf-importance of
thofe who embraced it, fhould have been communi-
cated to the new inftitution. Again, the teachers of
jChriftianity, amongft the privileges which their r©-
ligion conferred upon its profeflbrs, were wont to
jextol the ** liberty into which they were called" — " 1%
which Chrift had made them free.'' This liberty,
.which was intended of a deliverance from the vari-
ous fervitude, in which they had heretofore lived,
to the domination of flnful paflioos, to the fuperiS^
tion of the Gentile idolatry, or the incumbered ri^-
al of the Jewifli difpenfation, might by ioxoe, bdj&-
terpreted tq fignify an emancipation from allure*

334 ^^7 ^ f^'^^^ ObedUnci.

finint, whicb was impofed by an authority mefeljf
human. At leaft they might be reprefented by theif
enemies as maintainuig notions of this dangerous
tendency. To fome error or <:alumny of this kind,
the words of St. Peter feem to allude : ** For fo is
the will of God, that with well-doing ye may put
to filence the ignorance of foolifli men : as free, and
not uiin^ your liberty for a cloak of malicioi^nels,
(i.e. fedition) but as the fervants of God." After
all, if any one think this conjeAure too feebly fup*
ported by teftimony, to be relied upon in the inter-
pretation of fcripture, he will then revert to the con-
fiderations alleged in the preceding part of this
Chapter.

After fo copious an account of what we apprehend
to be the general deiign and do^rinc of thefe much
aeitated paflages, little need be added in explanation
otparticuiar claufes. St. Paul has iaid, " Whofoever
rettfteth the power, relifteth the ordinance of God."
This phrafe, " the ordinance of God,** is by many fo
interpreted, as to authorize the moft exalted and fu-_
perftitious ideas of the regal charader. But, furely,^
fuch interpreters have facrificed truth to adulation.
For, in the firft place, the expreffion, as ufed by St.
Paul, b juft as applicable to one kind of government,
and to one kind of fucceffion, as to another — ^to the
dedive magiftrates of a pure republic, as to an abfo-
lute hereditary monarch. In the next place, it is
not affirmed of the fupreme magiftrate exclufively,
that be is the ordinance of God ; the title, whatever
it imports, belongs to every inferior officer of the
ftate as much as to the higheft. The divine right of
kings is, like the divine right of other magiftrates —
the law of the land, or even a6tual and quiet poflef*
fion of their office ; a right ratified, we humbly pre-
fume, by the divine approbation, fo long as obedi-
ence to their authority appears to be neceflSry or con-
dicive to the common welfare. Princes are ordain-
^ of God by virtue only of that general decree, by
\i9iich he aiTents, and adds the fanaion of his will, to
«Kry law of fociety, which promotes his own pur-

Chii Liherty. 3^5

pofe, the communication of human happinefs t ac-
cording to which idea of their origin and conftitu-
tion, (and without any repugnancy to the words of
St. Paul) they are by St. Peter denominated the or-
^inanc^ of man*

Cliapter v.

OF CIVIL LIBERTY.

LdlVIL Liberty is the not being rejlrained by any
Law, but what conduces in a greater degree to the public
^welfare* . .'

To do what we will is natural liberty ; to do what
we will, confifteritly with the ifitereft of the commu-
nity to which we belong, is civil liberty; that is to fay,
the only liberty to be defired in a ftate of civil fociety.

I ihould wifli, no doubt, to be allowed to act in ev-,
ieiy inftance as I pleafed ; but I reflect that the reft al-
fo of mankind would then do the fame ; in which
ftate of univerfal independence and felf-direftion, I
fhould meet with fo many checks and obftacles to
my own will, from the interference and oppofition
of other men's, that riot only my happlnefs, but my
liberty, would be lefs, than whilft the whole commu-
nity were fubjecl to the dominion of equal laws.

The boafted liberty of a ftate of iiature exifts only
in a ftate of folitude. In every kind and degree of
union and intercourfe with his Ipecies, it is poffible
that the liberty of the individual may be augmented
by the very laws which reftrain it : becaufe he may
gain more from the limitation of other mep's free-
dom than he fuffers by the diminution of his own.
Natural liberty is the right of common upon a
wafte ; civil liberty is the fafe, exclufive, unmolefted
enjoyment of a cultivated inclofure.

The definition of civil liberty above laid down, im-
ports that the laws of a free people impofe no re^raint
upon the private will of the fubjecl, which do not
conduce in a greater degree to the public happinefs :
Tt

33^ Civil Liberty^

by which it \n intimated, i. that refiratnt itfelf b
an evil \ 2. that tliis evil ought to be overbalanced
by fome public advantage ; 3. that the proof of this
advantage lies upon the legiflature \ 4. that a hew be-
ing found to produce no fenfible good effeds^ is ^
fulficient reafon for repealing it, as adyerfeandinju^
rious to the rights of a free citizen, without demand-
ing fpecific evidence of its bad cffeds. This maxim
might be remembered with advantage in a revifion
of many laws of this country ; efpecially of the game
laws ; of the poor laws, fo far as they lay rcftridtions
upon the poor themfelves— of the laws againft papifb
and diffenters: and, amongft people enamoured to
excefs and jealous of their liberty, it feems a matter
of furprife that this principle has been fo imperfedly
attended to.

The degree of a£tual liberty always bearing, ac-
cording to this account of it, a reverfed proportion
to the number and fevcrity of the reJiri6lions which
are either ufelefs, or the utility of which does not
outweigh the evil of the reftraint ; it follows that
every nation poffeffes fbme, no nation perfeft liber-
ty ; that this liberty may be enjoyed under every
form of government ; that it may be impaired in-
deed, or increafed, but that it is neither gained, nor
loft, nor recovered, by any fingle regulation, change,
or event whatever ; that, conlequently, thofe popu-
lar phrafes which fpeak of a free people j of a nation
of flaves ; which call one revolution the era of liberty ;
or another the lofs of it ; with many expreflions of
a like abfolute form, are intelligible only in a com-
parative fenfe.

Hence alfo we are enabled to apprehend the dif-
tinflion between perfonal and civil liberty. A citizen
of the freeft republic in the world may be imprifon-
ed for his crimes ; and though his perfonal freedom
be reftrained by bolts and fetters, fo long as his con-
finement is the effect of a beneficial public law, his
civil liberty is not invaded. If this inftance appear
dubious, the following will be plainer. A pafl'engcr
from the Levant, who, upon his return to England,

Civil Liberty. 337

ftould be conveyed to a lazaretto by an order of
quarantine, with whatever impatience he might de-
fire his enlargement, and though he faw a guard
placed at the door to oppofe his efcape, or even
ready to deftroy his life if he attempted it, would
hardly accufc government of encroaching upon h;^
dvil n-eedom ; nay, might, perhaps, be all the while
congratulating himfelf that he had at length fet his
foot again in a land of liberty. The manifeft expe-
diency of the meafore not only juftifies it, but rec-
onciles the moft odious confinement with the perfect
poffeffion, and the lottieft notions of civil liberty.
And if this be true of the coe;rcion of a prifon, that
It is compatible with a ftate of r/W freedom, it cannot
vrith reafon be difputed ofthofetnore moderate con-
ftraints which the ordinary Operation of government
tmpofes upon the will of the individual. It is not
th6 rigour, but the inexpediency of laws and ?cls of
authority, which makes them tyrannical.

ITiere is another idea of civil liberty, which,though
peither fo fimple, nor fo accurate as the former,
agrees better with the fignification, which the ufagc
of common difcourfe, as well as the example of many
refpeftable writers upon the fubjeft, has affixed to.
the term. This idea places liberty in fecurity ; mak-
ing it to confift not merely in an aAual exemption
from the conftraint of ufelef§ and noxious laws and
acts of dominion, but in being free from the dangeV
of having any fuch hereafter . impofed or exert;ifed.
Thus, fpeaking of the political ftate of modern E,u.-
rope, we arc accuftomed to fay pf Sweden, that fhc
hath loft her Hberiy by the revolution which lately
took place in that country ; and yet we are affurcd
that the people continue to be governed by the fame
laws as before, or by others which are wifer, milder^
and more equitable. What then have they loft?
They have loft the power and funftions of their di-
et ; the conftitution of their ftates and orders, whbfc
deliberations and concurrence were required in the
formation and cftablifliment of every public law ;
and thereby have parted with the fecurity which

33S Civil Libertft

they poffeffed -againfl: any attempts of the crown to
harrafe its fubjefits, by oppreffive and ufelefs exertion^
of prerogative. The lofs of this fecurity we denom-
inate the lofs of liberty. They have changed not
jtheir laws, but their legiflature ; not theiir enjoy-*
ment, but theix fafety ; not their prefent burthens^
but their profpefts of future grievances : and this
we pronounce a change from the condition of free^
men to that of flaves. In like manner, in our own
country, the aft of parliament, in the reign of Henry
the Eighth, which gave to the king's proclamation the
force of law, has properly been called a complete and
forpial furrender of the liberty of the nation ; and
would have been fo, although no proclamation were
iffued in purfuance of thefe new. powers, or none but
what was recommended by the higheft wifdom and
XLtility." The fecurity was gone. Were it probablci
i^iat the welfare and accommodation of the people
would be as iludioufly, and as providently, confult-
c4ia the edicts of a defpotic prince, as by the refolu-
tionSj of a popular affembly, then would an abfolute
forni of government, be no lefs free than the pureft
democracy. The different degree of care and knowl-
edge of the public Jntereft which may reafonably be
qxpefted from the different form and compofition of
the Icgijlature,- conftitutes the diftinclion, in rcfpecl
of liberty, as well between thefe two extremes, as be-
tweerj^ll t^e intermediate modifications of c.i^ gov*
ernment. . , .,.,..,•,

'^ The definitions 'which have been framed pf civil
Jiherty, and which have become the fubjed of much
.uqneceffary altercation, are n\oft of them adapted to
tliis idea. T^ius one politicalwrit^r maWs the very
^ffcDQe pf the fubjcct's liberty to confift in his being
jgoyefned 6y no laws but thof^ to which he hath ac-
?tually*qQnfcnted;;anpther is fatisfied with ^n indi-
V(;d:g,ncl virtual confent ; another again places civil
^iberty in the feparation of the Jegiflative and e^tccu-
two. offices of government ; another in the being
^pverneU by law^ that is, by known, preconftituted,
i^He^itje rules of adion and adjudication j a fifth 19

the excltdxv)!: right of the people to tax themfelves by
thek own reprefentatives ; a fixth in the freedom
and pijrity of eledions of reprefentatives ; a feventh
|n the tontrol which the democratic part of thccon*
ftitution pofleiTes over the military eflablifhment.
Concerning which, and fome other iimilar accounts
of civil liberty, it may be obferved, that they all la*
bour under one inaccuracy, viz. that they defcribe
not fo much liberty itfelf, as the fafe-guards and pre*
fervatives of liberty : for example, a man's being gov-
erned by no laws, but thofe to which he has giveji
his conient, were it pradicaj;>le, is no othcrwife nec-
effary to the enjoyment of civil liberty, than as it
affords a probable fecurity againft the diftation of
•laws, impofing fuperfluous rellriclions upon his pri-
Vate will. This remark is applicable to the reft.
•The diverfity of thefe definitions will not furprife us, '
when we confider that there is no contrariety or op-
pofition amongft them whatever ; for, by how many
different provifions and precautions civil liberty i^
fenced and protected, fo many different accounts of
liberty itfelf, all fufficiently confiftent with truth
and with each other, may, according to this mode of
explaining the term, be framed and adopted.

. Truth cannot be offended by a definition, but
•propriety may. In which view thofe definitions oS
liberty ought to be rejeftcd, which, by making that
effeiltial to civil freedom which is unattainable in
experience, inflame expedations that can never b^
gratified,! and difturb the public content with comr
plaints, which no wifdom or benevolence of govern-
Jnent can remove.

- It will not be thought extraordinary, that an idea,
which occurs fo much oftener as the fubjecl of pan-
egyric and carelefs declamation, than of juft reafon-
ing or correft knowledge, Ihould be attended with
uncertainty and confufion ; or that it fhould b^
found impoflible to contrive a definition, which may
include the numerous, unfettled, and ever varyinj^
fignifications, which the term is made to ftand for,
and at the farmc time accord with the condition an4
experience of focial life.

34e OfdijS^entJorm

Of the two ideas ths^: have been ftated ^f civil lib::
crty, whichever we affumc, and whattsver rcafonmg
we found upon them, concerning its extent, nature,
value and prcfervation, this is the conclufion^^that
that people, government, and conftitutioi>, is the
freeji^ which nnakes the beft fMrovifion for the enact-
ing of expedient and falutary laws.

Cfjapter vi.

OF DIFFERENT FORMS OF GOVERNMENT.

As a ferics of appeals muft be finite, there
ncceffarily cxifts in every government a power from
which the conftitution has provided no appeal ; and
which power, for that re^fon, may be termed abfo*
lute, omnipotent, uncontrollable, arbitrary, defpotic^
and is alike fo in all countries^

The perfon, or affcmbly, in whom this power rc-
fides, is called the Jovereign^ or the fupreme power
of the ftate.

Since to the fame power univerfally appertains the
office of eftablifliing public laws, it is called alfo the
legi/lature of the ftate.

A government receives its denomination from the
form of the legiflature ; which form is likewilie what
we commonly mean by the confiitutm of a country.

Political writers enumerate three principal forms
of government, which, however, are to be regarded
rather as the fimple forms, by fome combination and
intermixture of which all actual governments arc
compofed, than as any where exifting in a pure and
elementary ftate. Thefe forms are :

I. Defpotifm, or abfolute monarchy, whera th«
legiflature is in a iingle perfon.

II. An ARisiocKACY, where the legiflature is in a
feleft affembly, the members of which either fill up by
election the vacancies in their own body, or fucceed
to their places in it by inheritance, property, tenure
of certain lands, or in refpeft of foinc porfonal right
or qualification.

in. A RfiPUBLtc, or ckitiocracy, where the people
at hrge» either coUeftively or by reprefentation, con*
ftitute the legiflature.

The feparate advantages of monarchy are, unity .
of councU, adivity, deciiion) fecrecy, difpatch ; the
military ftrength and energy which refult from thefe
qualities of government ; the exclufion of popular
and artftodracical contentions ; the preventing, by a
known rule of fucceflion, of all competition tor the
fupreme power ; and thereby repreffing the hopes, in*
trigueS) and dangerous ambition of afpiring citizens.
The mifchiefs, or rather the dangers of monarchy
are, tyranny, expenfe, exadion, military domina-
tion ; unneceffary wars^ waged to gratify the paffions
of an individual*; rilk of the character of the reign-^
ing prince ; ignorance in the governors of the in-
terefls and acconnonodation of the people, and acon-
fequent deficiency of falutary regulations ; want of
conftancy and uniformity in the rules of govern-
ment, and, proceeding from thence, infecurity of
perfon and property.

The feparate advantage of an aristocracy con-
fifts in the wifdom which 'may be expected from ex-
perience and education — a permanent council natu-
rally poffefles experience ; and the members, wh^
fucceed to their places in it by inheritance, will, prob-
ably, be trained and educated with a view to the fta-
tions, which they are'deftined by their birth to occupy.
The mifchiefs of an aristocracy are, diffenfions
in the ruling orders of the ftate, which, from the
want of a common fuperior, are liable to proceed to
.the moft defperate extrenxities ; opprcffion of the low-
cr orders by the privileges of the higher, arid by laws
partial to the feparate interefts of the law makers.
The advantages of a republic are, liberty, or ex-
emption from needlefs reftriftions ; equal laws ; reg-
ulations adapted to the wants and circumftances of
the people ; public fpirit, frugality, averfcnefs to
war ; the opportunities which democratic affemblies
afford to men of every defcription, of producing their
abilities and counfels to public obfervatioUj and the

54? Of different Forfns

exciting thereby, and calling forth to the ftrvice o{
the commonwealth, the faculties of its beft citizens^

The evils of a republic are, difienfion, tumults,^
fsL&ion ; the attempts of powerful citizens to pof-
fefs themfelves of the empire ; the confiifion, rage,
and clamour, which are the inevitable confequences
of affembling multitudes, and of propounding quef-
tions of ftate to the difcuffion of the people ; the de-
lacy and difclofure of public counfels and defigns ;
and the imbecility of meafures retarded by the ne-
ceffity of obtaining the confent of numbers j laftly^
the oppreffion of the provinces which are not admit-
ted to a participation in the legiflative power.

A mixed government is compofed by the combina-
tion of two or more of the fimpleforms of government
above defcribed -, and, in whatever proportion each
form enters into the conftitution of a government,
in the fame proportion may both the advantages and
evils, which we have attributed to that form, be ex-
pcfted ; that is, thofe are the ufes to be maintained and
cultivated in each part of the conftitution, and thefc
-arc the dangers to be provided againft in each.
Thus, if fecrccy and difpatch be truly enumerated
-omongft the feparate excellencies of regal govern-
•^-ment j then a mixed government, which retains
monarchy in one part of its conftitution, fhould be
careful that the other eftates of the empire do not, by
an officious and inquifitive interference with the ex-
ecutive fun<3:ions, which are, or ought to be, referv-
ed to the adminiftration of the prince, interpofe de-
lays, or divulge what it is expedient to conceal. On
tlie other hand, if profufion, exaftion^ military dom-
ination and needlefs wars, be juftly accounted nat-
ural properties of monarchy, in its fimple unqualified
•form ; then are thefe the objeAs to whic|i, in a mix-
•cd government, the ariftocratic and popular parts of
the conftitution ought to direft their vigilance ; the
dangers againft which they fliould raife and fortify
their barriers,: thefc are departments of fovereignty,
over which a power of infpeftion and control ought
«ta be depofited with the people.

The fame obfervation may be repeated of all the
Other advantages and inconVeliiences which have
been afcribed to the feveral fimple forms of govern-
ment ; and affords a rule whereby to direft the con-
ftrudion, improvements, and adminiflration of mix-
ed governments, fubjefted however to this remark^
that a quality fometimes refults from the conjunc-
tion of two fimple forms of government, which be-
longs not to the feparate exiftence of either : thus
corruption, which has no place in an abfolute mon^
archy, and little in a pure republic, is fure to gain
admiffion into a conftitution, which divides the fu-
premc power between an executive magiftrate and a
popular council.

An hereditary monarchy is univerfally to be pre-
ferred to an eleilive monarchy. The confeffion of ev-
ery writer upon the fubject of civil government, the
experience of ages, the example of Poland, and of
the papal dominions, feem to place this amongft the
few indubitable maxims which the fcience of politics
admits of. A crown is too fplendid a prize to be
conferred upon merit. The paffions or interefts of
the eledors exclude all confideration of the qualities
of the competitors. The fame obfervation holds
concerning the appointments to any office which is at-
tended with a great fliare of power or emolument.
Nothing is gained by a popular choice worth the
diffenfions, tumults, and interruption of regular in-
duftry, with which it is infeparably attended. Add
to this, that a king, who owas his elevation to the
event of a conteft, or to any other caufe than a fixed
rule of fucceffion, will be apt to regard one part of
his fubjefts as the aflbciates of his fortune, and the
other as conquered foes. Nor ftiould it be forgot-
ten, amongft the advantages of an hereditary mon-
archy, that as plans of national improvement and re-
form are.feldom brought to maturity by the exer-
tions of a fingle reign, a nation cannot attain to the
degree of happinefs and profperity to which it is capa^
ble of being carried, unlefs an uniformity of counfels,
a confiftency of public meafures and defigns be con-
Uu

344 ^f d^erent Formt

tinued through a fucceflion of ages. This benefit
may be expefted with greater probability, where the
fupreme power defcends in the fame race, and where
each prince fucceeds, in fomc fort, to the aim, pur-
fuits, and difpofition of his anceftor,than if the crqjv'n,
at every change, devolve upon a ftranger, whofe firft
care will commonly be to pull down what his prede-
ceffor had built up ; and to fubftitute fyftems of ad-
miniftration, which muft, in their turn, give way to
the more favourite novelties of the next lucceffor.

Aristocracies are of two kinds : firft, where the
power of the nobility belongs to them in their col-
lective capacity alone ; that is, where, although the
government refide in an affcmbly of the order, yet
the members of that affembly feparately and individ-
ually poffefs no authority or privilege beyond the reft
of the community : — this defcribes the conftitution
of Venice. Secondly, where the nobles are feverally
invefted with great perfonal power and immunities,
and where the power of the fenate is little more
than the aggregated power of the individuals who
compofe it : — this is the conftitution of Poland. Of
thefe two forms of government, the firft is more
tolerable than the laft ; for although the members
of a fenate fhould many, or even all of them, be
profligate enough to abufe the authority of their
ftatipns in the profecution of private defigns, yet,
not being all under a temptation to the fame injus-
tice, not having all the fame end to gain, it would
ftill be difficult to obtain the confent of a majority,
to any fpecific aft of oppreffion, which the iniquity
of an individual might prompt him to propofe ; or
if the will were the fame, the power is more confin-
ed ; one tyrant, whether the tyranny refide in a fin-
.gle perfon, or a fenate, cannot exercife oppreffion at
lb many places at the fame time, as it may be carried
on by the dominion of a numerous nobility over their
refpeclive vafTals and dependants. Of all fpecies of
domination, this is the moft odious : the freedom
and fatisfaftion of private life are more conftraincd
and haraffed by it, than by the moft vexatious law.

' fff Government. > 345

or even by the lawlefs will of an arbitrary monarch }
from whofe knowledge, and from whofe injuftice,
the great eft part of his fubjefts are removed by their
diftance, or concealed by their obfcurity.

Europe exhibits more than one modern example,
where the people, aggrieved by the exaftions, or
provoked by the enormities, of their immediate
fuperiors, have joined with the reigning prince in the
overthrow of the ariftocracy, deliberately exchanging
their condition for the miferies of defpotifm. About
the middle of the laft century, the commons of Den-
mark, weary of the oppreffions which they had long
fufFered from the nobles, and exafperated by fome
recent infults, prefented themfelves at the foot of
the throne, with a formal offer of their confent to
eftablifh unlimited dominion in the king. The rev-
olution in Sweden, ftill more lately brought about
with the acquiefcence, not to fay theaffiftance of the
people; owed its fuccefs to the fame caufe, namely,
to the profpect of deliverance, that it afforded, from
the tyranny which their nobles exercifed under the
old conftitution. In England the people beheld the
depreffion of the Barons, under the houfe of Tudor,
with fatisfaAion, although they faw the crown
acquiring thereby a power, which no limitations,
that the conftitution had then provided, were likely
to confine. The leffon to be drawn from fuch events
is this, that a mixed government, which admits a
patrician order into its conftitution, ought to circum-
scribe the perfonal. privileges of thie nobility, efpecial-
ly claims of hereditary jurifdiftion and local authori-*
ty, with a jealoufy equal to the folicitude with which
it wifties its own prefervation. For nothing fo
alienates the minds of the people from the govern-
ment under which they live, by a perpetual fenfe of
annoyance and inconveniency ; or fo prepares them
for the practices of an ent'erprifing prince or a fac-
tious demagogue, as the abufe which almoft always
accompanies the exiftencc of feparate immunities.

Amongft the inferior, but by no means inconfider.
able advantages of a democratic conftitution, or of a.

4346 Pf diffisrent J^orpn

conftltution in which the people partake of the pow<9
of legillation, the following mould not be negleded ;

I. The direftion which it gives to the edocation,
ftudies, and purfuits of the fuperior orders of th^
community. The fliare 'which this has in forming
^he public manners and national charader is very
important. In countries in which the gentry are ex-
cluded from all concern in the government, fcarc^
any thing is left which leads to advancement, but
the profcflion of arms. They who do not addict
themfelyes to this profeffion (and miferable muft
that country be, which conftantly employs the mili-
tary fervicc of a great proportion of any order of
its fubjecls) 4re commonly loft by the mere want of
pbjeft and deftination ; that is, they either fall, with-
out referve, into the moft fottifh habits of animal
gratification, or entirely devote themfelves to the
attainment of thofc futile arts and decorations which
comppfe the bufinefs and recommendations of a
court : on the other hand, where the whole, or any
efFedive portion of civil power is poffeffed by a pop*
vlar affembly, more ferious purfuitq will be encour-
aged, purer morale and a more intelledual charader
will engage the public efteem ; thofe faculties, which
qualify men for deliheration and debate, and which
are the fruit of fober habits, pf early and long con-
tinued applicarion, will be roufed and. animated by
the reward, which, of all others, moft readily awak-
ens the ambition of the hum^n mind, political dig-
nity and importaHcp.

II. Popular elections procure to the common peo-
ple courtefy from their fuperiors. That contemptu-
ous and overbearing infolcnce, with which the low-
er orders of the community are wont to be treated
by the higher, is greatly mitigated where the people
Jiave fomething to give. The affiduity, with whicK
their favour is fought upon thefe accafions, ferves to
generate fettled habits of condqfcenfion and refped jj
and as human life is mo^e embittered by affronts
than injuries, whatever contributes to procure mild-
nei^ and civility of ipanucys tPW^rds thofj? vhq ai^e

• of Oovenment^ 347

inoft liable to fu£fer from a contrary behaviour, cor^
feds, with the pride, in a great meafure, the evil of
inequality, and deferves to be accounted amongft the
pioft generous infiitutions of focial life.

ill. The fatisfaAions which the people in free gcv^
ernments derive from the knowledge and agitation
of political fubjeds ; fuch as the proceedings and de-
bates of the fenate ; the condu^ and charaders of
minifter^ ; the revolutions, intrigues, and conten-
tion of parties ; and, in general, from the difcuf-
iion of public meafures, queftions, and occurrences.
Subjefts of this fort excite juft enough of intereft
and emotion, to a£fprd a moderate engagement to
the thoughts, without rifing to any painful degree
of anxiety, or ever leaving a fixed oppreffion upon
the fpiritsrt-and what is this, but the end and aim
of all thpfe amufements which compofe fo much of
the bufinefs of life and of the value of riches ? For
my part, (and I believe it to be the cafe with molt
men, who are arrived at the middle age, and occu?
py the middle claiTes of life) had I all the money^
which I pay in taxes to government, at liberty to
lay out upon amufement and diveriion, I know not
whether I could make choice of any, in which I
could find greater pleafure, than what I receive from
expefting, hearing, and relating public news ; read-
ing parliamentary debates and proceedings ; canvaC-
iing the political arguments, projeds, prediclioiis^
?ind intelligence, which are conveyed, by various
. channels, to every corner of the kingdom. Thefe
topics, exciting univerfal curiofity, and being fuch as
almoft every man is ready to form, and prepared to
deliver his opinion about, greatly promote, and, I
think, improve converfation. They render it more
rational and more innoc:ent. They fupply a fubfti,
tute for drinking, ganging, fcandaJ, and obfccnity^
Now, the.fecrecy, the jealoufy, thefoHtude and pre-
cipitation of defpotic governments exclude all this.
Put the lofs, you fay, is trifling. I know that it ia
poflible to render even the mention of it ridiculous,
RJ reprefenting it as the idle employment of the mqil

34^ (^f different Forms ef Government.

infignificant part of the nation, the folly of villagtr*
fiatefmen, and coffee-houfe politicians : but I allow
nothing to be a trifle, which minifters to the harm-
lefs gratification of multitudes ; nor any order of
men to be infignificant, whofe number bears a refpec-
table proportion to the fum of the whole community.
We have been accuftomed to an opinion, that
a REPUBLICAN form of government fuits only with
the affairs of a fmall ftate : which opinion is founded
in the confideration, that unlefs the people, in every
diftri^i: of the empire, be admitted to a Ihare in the
national reprefentation, the government is not, as to
them^ a republic : that elections, where the conftitu-
cnts are numerous, and difperfed through a wide ex-
tent of country, are conducted with difficulty, or
rather, indeed, managed by the intrigues, and com-
bination of a few who are fituated near the place of
election, each voter confidering his fingle fuffrage as
too minute a portion of the general intereft to delerve
his care or attendance, much lefs to be worth any
oppofition to influence and application ; that whilft
we contraft the reprefentation within a compafs fmall
enough to admit of orderly debate, the intereft of
the conftituent becomes too fmall, of the reprefenta-
tive too great. It is difficult alfo to maintain any
connexion between them. He who reprefents two
hundred thoufands, is neceffarily a ftranger to the
greateft part of thofe who eleft him ; and when his
mtereft amongfl them ceafes to depend upon an ac-
quaintance with their perfons and charafter, or a
care or knowledge of their affairs ; when fuch a rep-
refentative finds the treafures and honours of a great
empire at the difpofal of a few, and himfelf one of
the few, there is little reafon to hope that he will not
prefer to his public duty,, thofe temptations of per-
gonal aggrandizement which his fituation offers, and
which the price of his vote will always purchafe.
All appeal to the people is precluded by'the impofii-
bility of collecting a fufficient proportion of their
force and numbers. The faftions^ and the unanimi-
ty of the fenate,* are equally dangerous. Add to

Britijh Con/iitution. 349

thefe confiderations, that in a democratic conftitu-
tion the mechanifin is too complicated, and the mo-
tions too flow for the operations of a great empire ;
whofe defence and government require execution
and difpatch, in proportion to the magnitude, ex-
tent, and variety of its concerns. There is weight,
no doubt, in thefe reafons ; but much of the objec-
tion feems to be done away by the contrivance of a
federal republic, which, diftributing the country
into diftrifts of a commodious extent, and leaving
to each diftriA its internal legiflation, rcferves to a
convention of the ftates, the adjuftmeHt of their rela-
tive claims ; the levying, direcS^ion and government
of the common force of the confederacy ; the rc-
quifition of fubfidies for the fupport of this force ;
the making of peace and war ; the entering into
treaties ; the regulation of foreign commerce ; the
equalization of duties upon imports, fo as to prevent
the defrauding of the revenue of on^ province by
fmuggling articles of taxation from the borders of
another ; and likewife fo as to guard againft undue
partialities in the encouragement of trade. To what
limits fuch a republic might, without inconveniency,
enlarge its dominions, by afluming neighbouring pro-
vinces into the confederation ; or how far it is capa-
ble of uniting the liberty of a fmall commonwealth,
with the fafety of a powerful empire ; or whether,
amongft co-ordinate powers, dilTenfions and jealou-
fies would not be likely to arife, which, for want of
a common fuperior, might proceed to fatal extren>.
ities, are queftions, upon which the records of man-
kind do not authorize us to decide with tolerable
certainty. The experiment is about to be tried in
America upon a large fcale.

chapter vii.

OF THE BRITISH CONSTITUTION.

JDY the Constitution of a country, is meant,
fo much of its law as relates to the defignation an4

35* Britijh Con^ituiion.

form of the legiflature ; the rights and ftinftioris d/
the feveral parts of the legiflativc body ; the conJ
firudion, office, and jurifdidion of courts of jui4
tice. The conftitution is one principal divilion, fac-
tion, or title of the code of public lai^rs ; diftinguifli*
ed from the reft only by the fuperior importance of
the fubjeft of which it treats. Therefore the terms,
conjiitutional 2,nd unconjiitutional^ mean legal and illegal.
The diftinftion and the iddas, which thefe terms de-
note, are founded in the fame authority with the law
of the land upon any other fubjeft ; and to be afcer-
tained by the feme inquiries. In England the fyftem
of public jurifprudence is made up of ads of parlia-
hient, of decifions of courts of law, and of immemo-
rial ufages : confequently, thefe are the principles of
which the Englilh conftitution itfelf confifts; the
fources from which all our knowledge of its nature
and limitations is to be deduced, and the authorities
to which all appeal ought to be made, and by which
every conftitutional doubt and queftion can alone be
decided. This plain and intelligible definition is the
more neceffary to be preferved in our thoughts, as
fome writers upon the fubjed abfurdly confound
what is conftitutional with what is expedient ; pro*
nouncinc: forthwith a meafure to be unconftitution-
al, which they adjudge in any refped to be detriment-
al or dangerous ; whilft others again afcribe a kind
of tranfcendent authority, or myfterious fandity , to
the conftitution, as if it were founded in fome high*
er original than that which gives force and obliga-
tion to the ordinary laws and ftatutes of the realm^
or were inviolable on any other account- than its in-
trinlic utility. An ad of parliament, in England^
can never be unconftitutional, in the ftrid and prop-
er acceptation of the term ; in a lower fenfe it may,
viz. when it militates with the fpirit, contradids the
analogy, or defeats the provifion of other laws, made
to regulate the form of government. Even that fla-
gitious abufe of their truft, by which a parliament of
Henry VIII. conferred upon the king's proclamation
the authority of law, was unconftitutional only iu
this latter fenfe.

Sriiijb CcnJiHuHoru 35 »

Moft of thofe who treat of the Britiflt conftitution,
ecmfider it as a fchcme of government formerly
planned and contrived by pur anceftors, in fome cer-
tain era of our national hiiftory, and as fet up in par-
fuanee of ftich regular plan and defign. Something
of this fort is fecretly fuppofed, or referred to, in the
expreiRons of thofe who fpcak of the ^ principle of
the conftitution," of bringing back the conftitution
to its ** firft principles,'* of rdloring it to its •* origi-
nal pttrity," or " primitive model.** Now this ap-
pears to me an erroneous conception of the fubieft.
No fuch plan was tvtt forced, confequently no rach
firft principles, original mpdei, or ftandard exift. I
mean there never was a date, or point of time in our
hiftory, when the government of England wai to be
fct up anew, and when it was referred to any fingle
perfon, or affemMy, or committee, to frame a char*
ter for the future government of the country ; or
when a conftitution, fo prepared and digefted, was
by common confent received and eftabiiflied. Ri the
time of the civil wars, or rather between the death
of Charlies the Firft and the reftoration of his fon,
many fuch projeAs were puWiflicd, but none were
carried into execution. The great charter and the
bill of rights^ were wife and ftrenuous efforts to ob-
tain fecurity agatnft certain abufes of regal power,
by which the Jubjeft had been formerly aggrieved ;
but thcfe were either of them much too partial mod-
ifications of the conftitution to give it a new origr-
nai. The conftitution of England, Hke that of moft:
countries in Europe, hath grown out of occafion and
emergency ; from the fluSuating policy of different
ages } from the contentions, fuccefles, interefts, and
opportunities of (Kflerent orders and parties of men
in the community. It refembles one c^ thofe old
mansions, which, inftead of being built all at once, af-
ter a regular plan, and according to the rules of archi-
tefhire at prefent eftabliihed, has been reared in dif-
ferent 2^es of the art, has been altered from time to
time, and Jbas been continually receiving additions
Ww

352 Britijb Canftitution.

and repairs fuited to the tafte, fortune, or conveni-
^ncy or its fucceifive profurietors. In fuch a building,
we look in vain for the elegance and proportion, for
the juft order and correfpondence of parts, which we
esped in a modern edifice ; and which external fym-
inetry, after all, contributes much more perhaps to
the amufement of the beholder, than the accommo-
dation of the inhabitant.

In the Britiih, and poflibly in all other conftitu-
tions, there exifis a wide difference between the a^ual
ftate of the government and the theory. The one
refults from the other ; but ftill they are different.
When w€f contemplate the theory of the Britiih gov-
ernment, we fee the king invefted with the moft ab-
folute perfonal impunity ; with a power of rejecting
laws, which have been refolved upon by both houfes
of parliament j of conferring by his charter, upon
any fet or fucceffion of men he pleafes, the privilege
of fending reprefentatives into one houfe of parlia-
ment, as by his immediate appointment he can place
whom he will in the other. What is this, a foreigner
might alk, but a more circuitous defpotifm ? Yet,
when we turn our attention from the le^l extent to
the adual exercife of royal authority in England,
we fee thefe formidable prerogatives dwindled into
mere ceremonies ; and in their Head, a fure and com-
manding influence, of which the coniHtution, it
feems, is totally ignorant, growing out of that enor-
mous patronage, which the increafed territory and
opulence of the empire have placed in the difpofal of
the executive magiftrate.

Upon queftions of reform, the habit. of refiedion
to be encouraged, is a fober comparifon of the con-
ftitution under which we live, not with models of
fpeculative perfedion, but with the aftual chance of
obtaining a better. This turn of thought will gen-
erate a political difpofition, equally removed from
that puerile admiration of prefent eflablifhments,
which fees no fault, and can endure no change, and
that diflempered fenfibility, which is alive only to
perception^ of inconveniency, and is too impatient

Britijh Conjifution. ' 353

to be delivered from the uneafinefs which it feels, to
compute either the peril, or expenfe of the remedyp
Political innovations commonly produce many effefts
befides thofe that are intended. The direct confe«
quence is often the leail important. Incidental, re-
mote, and unthought of evils or advantages fre-
quently exceed the good that is defigned, or the mif-
chief that is forefeen. It is from the filent and un-
obferved operation ; from the obfcure progrefs of
caufes, fet at work for different purpofes, that the
great eft revolutions take their rife. When Eliza^
Beth, and her iipmediate fucceffor, applied themfelve.^
to the encouragement and regulation of trade, by
many wife laws, they knew not, that, together with
wealth and induftry, they were diffufing a confciouf-
nels of ftrength and independency, which would not
long endure, under the forYns of a mixed govern-
ment, the dominion of arbitrary princes. When it
was debated whether the mutiny act, the law by
"wlflSph the army is governed and maifitaiHed^ fliould
be t!eiiiporary or perpetual, little elfe, probably, ocur-
red to the ajivocatps of an annual bill, than the ex-
pediency df retaining a control over the moft dan-
gerous prerogative of the crown— -the. direftion and
command of a ftanding'army : whereis^ in its effeft,
this fingle refervatioh has altered the whole frame
and quality of the Britifli conftitutibn. For fince,
in confequence of the military fyftem, which prevails
in neighbouring and rival nations, as well as on ad-
count of the internal exigencies of government, a
ftanding army. has become effential to the fafety and
adminiftration of the empire ; it enables parlLament,
by difcontinuing this neceffary provifion, fo to en-
force its refolutions upon atiV other fubjeA, as to ren,.
der the king*s diffent to a law, which has received
the approbation of both houfes, too dangerous an ex-
periment any longer to be advifed* A conteft be-
tween the king and parliament, cannot now be per--
fev€red in, without a diffolution of the governInen^.
Laftly, when the conftitution conferred upon th^
crown Aie iiominatidn to *all employments in the

354 Britijh Ccn/iimm.

{)pbUc fervice, the authors of this arrangement were
ed to it, by the obvious propriety of leaving to a
jnafter the choice of his fervants ; and by the mani-
feft inconvenieacy of engaging the national council,
upon f very vacancy, in tnofe perfonal conteil-s which
attend el^Aions to places of honour and emoluiiient.
Our anceftors did not obferve that this difpofition
9dded an influence to the regal office, which^ as the
-jiumber and value of public ^mploynients Increafed,
would fuperfede in a great nieafure the forms, and
change the charadler of the ancient conftitutioq.
They j^ew not, what the experience and refledion
of moderii ages has difcovered, that patronage uni-
yerfally^ is power ; that he who poflefles in a fuffi-
cient degree the means of gratifying the defires of
jn^nkind. after wealth and diftinction, by whatever
ch^cl^s and forms his authority may be limited or
Vj[i4;ui(ed, will direA the management of public af-
^fairs. Whatever be the mechanifm of the political
^engia^, he will guide the motion. Tbefe inihuxes
'are adduced in order to illuftrate the propoikion
Vhich wc laid down, that, in politics, the moll im-
jportant find permanent eflPecls have, for' the moft
part, been incidental, and unforefeen : anil this pro-
pofition \r^' inculcate, for the fake of the caution
which it tieach^s, that changes ought not to be ad-
ventured upon without a r^^^r^i&^t;^ di£cernment
of the confequences,— -without a knowledge, as well
of the remote tendencv, as of the immediate defign.
The courage of a ftateunan fhould refcmble that of a
commander, who, however regardlefs of perfonal
danger, never forgets, that with his own he com-
mits the lives and fortunes of a multitude ; and who
4pes not conikler it as any proof of sseal or valour,
to fiake the fafety of oth^r nricn upoi\ the fuccefs of a
j)crilous or defyerate enterprise.

There is pne end of civil government pecuHar to
ja good confiitution, namely» the happinels of its fub-
jeas ; there is another end effential to ja good gov-^
j^rnment,, b\it, common to it with many bad ones,-^
jte own prefcfvatioa, Obferviflg that the beft form

Britijb Co^ftUtahn^ 355

of government would be defe^live, wluch did aot
provide for its own permanency, in our political rca-
foniogs we confidor all fiich provifions as expedient ;
and are contend to accept as a fufficient ground for
a me^fure, or law, that it is neceffary or conducive
to the prefervatioo of the conftitution. Yet, in
truth, fuch provifions are abfolutely expedient, and
fuch au excufe final, only whilft the confiitution is
worth preferving ; that is., until it can be exchanged
for a better* I pr^mife this diftinftion,.becaufe many
things in the Englilh^ as in ev^ry conftitution, are to
be vmdicated ana accounted for, folely from their
tendency to maintain the government in its prefent
ftate^ and the feveral parts of it in poflcflion of the
powers which tlie conftitution has afligned to them;
and becaufe. I would wifli it to be remarked, that
fuch a confideration is always fubordinate to another
—the value ai>d ufefulnefs of the conftitution itfelf*

The ^wernment of England^ which has been fometimcs
called a ji^i^ed government, fometimes a limited
monarchy, is formed by a. combination of the three
regular ipecies of government ; th« monarchy, refid-
ing in the King ; the ariftocracy, in the Houfe of
Lords } and the republic being reprefented by the
Houfe of Commons. The perfeftion intended by
fuch a fcheme. of gQvernment is, to unite the advan«,
tages of tue feveral fimple. forms, and to exclude the.
inconveniences^ To wTiat degree this purpofe is.
attained or attainable in the Britifh conftitution;
wherein it is loft fight of or neglected \ and by what
means it may in any part be promoted with better
fuccefe, the reader will be enabled to judge, by a fcp-
arate recallei£tion of thefe advantages and inconven-
iences, as enumerated in this preceding chapter, and
a difUndt application of each to the political condition .
of this country. We will prefent our remarks upoij
the fubjedt in a brief account of the expedients by
which the Britilh conftitution provides^

ift. For the intereft of its fiibjeAs.

sdly^ For its own prefeivation.

2^6 Brltijh Con/llttaiotu

The contrivances for the firft of thcfe purpofes arc
the following:

In order to promote the eftabliihment of falutary
piiblic laws, ever^ citizen of the date is capable of
becoming a member of the fenate ; and every fena-
tor poflefies the right of propounding to the deliber-
ation of the legiflature whatever law he pleafes.

Every diftric): of the empire enjoys the privilege of
choofing rcprefentatives, informed of the interefts,
and circumftances and defires of their conftituents,
and entitled by their (ituation to communicate that
information to the national council. The meaneft
fubjed has fome one whom he can call upon to bring
forward his complaints and requefts to public atten-
tion.

By annexing the right of voting for members of
the Houfe of Commons to different qualifications in
different places, each order and profeflion of men in
the community become virtually reprefented j that
is, men of all orders and profeflions, ftatefinen, court**
icrs, country gentlemen, lawyers, merchants, manu-
£ifturers, foldiers, failors, interefted in the profperity,
aaid experienced in the occupation of their refpeftivc
profeflions, obtain feats in parliament*

The eleftions, at the fame time, are fo connected
with the influence of landed property, as to afford a
certainty that a confiderable number of men of great
eftates will be returned to parliament ; and are alfo
fo modified, that men the mod emifient and fuccels-
fill in their refpeftive profeflions, are the moft likely,
by their riches, or the weight of their ftations, to
prevail in thefe competitions.

The number, fortune, and quality of the members ;
the variety of interefts and characters amongft them ;
above all, the temporary duration of their power,
and the change of men which every new eledion
produces, are To many fecurities to the public, as well
againft the fubjeftion of their judgments to any ex.
tcrnal dictation, as againft the formation of a junto
in their own body, lufficiently powerful to govern
their decifions.

Britijb Ccn/iitution^ 357

•

The rq)refentatives are fo intermixed with the con-
fiituents, and the conftituents with the reft of the peo-
ple, that they cannot, without a partiality too flag-
rant to be endured, impofe any burthen upon the
fubjed, in which they do not flxare themfdves ; nor
fcarcely can they adopt an advantageous regulation in
which their own interefts will not participate of the
advantage.

The proceedings and debates of parliament, and
the parliamentary condud of each reprefentative are
known by the people at large.

The reprefentative is fo far dependent upon the
conftituent, and political importance upon public fa-
vour, that a member of parliament cannot more efifec-
txially recommend himfeif to eminence and advance-
ment in the ftate, than by contriving and patroniz-
ing laws of public utility.

When intelligence of the condition, wants, and oc-
caiions of the people, is thus coUeded from every
quarter, when fuch a variety of invention, and fo
many underftandings are fet at work upon the fub-
jed, it may be prefumed, that the moft eligiUe expe-
dient, remedy or improvement, will occur to fomc
one or other ; and when a wife counfel, or beneficial
regulation is once fuggcfted, it may be expeded, from .
the difpoiition of an aflembly fo conftituted as the
Britifh houfe of commons is, that it cannot fail of
receiving the approbation of a majority.

To prevent thofe deftruAive contentions for the
fupreme power which are fure to take place, where
the members of the ftate do not live under an ac-
knowledged head, and a known rule of fucceftion ;
to preferve the people in tranquillity at home, by a
fpeedy and vigorous execution of the laws ; to pro-
ted their intereft abroad, by ftrength and energy in
military operations, by thofe advantages of decifion,
fecrccy and difpatch, which belong to the refolutions
of monarchical councils : — for tnefe purpofes, the
conftitution has coipmitted the executive govern-
ment to the adminiftration and limited authority of
an hereditary king.

^^$ Briti/h ConftHution.

In the defence of the empwe ; in the maintenance
of its power, dignity, and privHeges, with foreign na-
tions ; in the advaiicement of its trade by treaties and
conventions ; and in the proricMng for the genera!
adminiiftration of mirnicfpal jufticc, by a proper
choice and appointment of magtftrafes, the incKna-
tion of the king and of the people ufuaWy coincides :
in this part, therefore, of the regal oiEce, the confti-
tution intrufts the prerogatrw with ample powers^

The dangers principally to be apprehended front
regal government, relate to the twa anrticles, taxation
%nd punijhment. In etrery form of gorernment, from
which the people are exckrded, it is the intereft of the
governors to get as mnch, and of the governed to
give as little as they can : the power alfo of punift-
ment, in the hands of an arbitrary prince, oftentimes
becomes an engine of extortion, jealoufy, and revenge*
"Wifely, therefore, hath the Britifii conftitution guurd-
cd the fafety of the people, in thcfe two points, by
the moft ftudious precautions.

Upon that of taxativn, every few, which, by the
remoteft conftruAion, may be deemed ta levy money
upon the property of the fubjeft, muft originate, that
is, muft firft be propofcd and alfented tOj in the
Loufe of commons : by which regiriatton, accompa-
nying the weight which that aflfembly poffcffes in all
its funftions, the levying of taxes is stoioft exclu-
fivcly refervcd to the popular part of the conftitution,
who, it is prefumed, will not tax themfelves, nor their
fellow fubjeds, without being firft convinced of the
neceffity of the adds which they grant.

The application alfo of the pubhc fupplies, is watch-
ed with the fame crrcumfpeftion, as the affcffment.
Many taxes are annual ; the produce of others fe
mortgaged, or appropriated to Ipecific fervtces; the
expenditure of all of them, is accounted for in the
houfe of commons ; as computations of the charge
of the puFpofe, for which they are wanted, are pre-
vioufly fubmitted to the feme tribunal.

In the infliftion of punijhmentj the power of the
crown, and of the magiftrate appointed by the crown.

Sf^mfi ConJHwf^ 359

b confined by the tnoft precife Hontattons : Iht guttt
^ the ofibiuler mud be pronounced by twelve men
of his own order, indifferefiily cbdeii out of the
county where the dSence was committed : the pun*-
iflunent, or the limits to which the punilhment may
be eKtended) are afcertained and affixed to the crimen
by Uws which knew not the perfon of the criminal.

And whereas arbitrary or dandeftine confine-
ment is the injury moft to be dreaded from the ftron^
hand of the executive government, becaufe it deprives
the prifoner at once of protedion and defence, and
delivers him into the powar, and to the malicious or
interefted deiigns of his enemies ; the conflitution
has provided a^ainft this danger Mrith double folici-
tttde. The ancient writ of habeas corpus, the habeas
corpus ad of Charles the Second, and the pradice
and determinations of our fovereign courts of juftlce^
founded upon theie laws, afford a complete remedy for
every conceivable cafe of illegal imprifonment.*

Treafon being that charge, under colour of which
the deftrudion of an obnoxious individual is oftea
foc^ht } and govemn^nt being at ail times more im«*
mediately a party in the profecution ; the law, befide
the eeneral care with which it watches over the fafcty
cf the accufed, in this cafe, feniible of the ui^uzd

* Upmi complaint in writing by, or en behalf of any parlbn in cenfin^
ment, to any of the four couru of Weftminfter Hall, in term titne, or to the
Ix>rd Chaneellor, or one of the Judges, in the vacation ; and upon a proba-
ble reafoo being fnggcfted to queftion the legality of the detoition, a writ h
iflued, to the perfon in whofe cuAody the complainant is alleged to be, com*
nunding him within a certain limited and fliort time to produce the bod/
«f the pfiibner, and the authority under which he it detained. HTpon the
return of the writ^ ftridl and inftontaneous obedience to which is toforctfl
liy Tery feirere penalties, if no lawful caufe of Imprifonment appear, the
court or JHdge, before wh(Hn the prifoner is brought, it authorised and bound
to difcharge him ; eren though he may haiye been committed by a fecrctaiy, or
other lugh officer of (late, by the privy council, or by the Idng in pcHbn : ib
that no mbjed of this realm can be held in confineMcnt, by any powvr, of tm-
der any pretence whatever, provided he can find means to convey bis cel^
pbunt to one of the foor courts of Welbninfter Hall, or, during their vccefs, 16
aaj of the Judges of the faae, unlefii all thcfe feveral tribunals ?grte in detef«
mining his imprifonment to be legal. He may make application to them,^
Ajccemon ; atid if one out of the number be found, who thinks the;,| "
iOtitied t» hit liberty* thnt one poficfltt autl)Mi«)i> (o fefiorc iti&J

X X

,^6o Mfitijh ConJiUutii^

contefl; in which the fubjeft is engaged, has affifted
his defence with extraordinary indulgencies« By
two ftatutes, enafted fince the revolution, every per*
fon indided for high tresUbn ihall have a copy or his
indictment, a lift of the witneiTes to be produced^
and of the jury impaniielied, delivered to him ten
days before the trial ; he is alfo permitted to make
his defence by counfel-r-privileges which are not al-
lowed to the prifoner^ in a trial for any other crime :
and what is of more importance to the party than
all the reft, the teftimony of two witneffes, at the
leaft, is required to eonvic): a perfon of treafon ;
whereas, one pofitive witnefs is fuffident in almoft
every other fpecies of accufatiori;

We proceed, in the lecbnd place, to inquire in what
manner the conftitution has provided for its own pre-
fervation ; that is, in what manner each part of the
legiflature is fecured in the exercife of the powers
aiSgned to itj from t^e encroaLchment of the other
parts. . The Security is fometimes called the balance
of the conftitutim ; and the political equilibriunti^
which this phrafe denotes; confifts in two contriv-
ances,— a balance of power, and a balance of intcreft.
By a ba^ ^ce of power is meant j that there is no
powir -cffed by one part of the legiOature, thtf
^' / \ jt excefs of which is not checked by fome an-
■ ^onift power, refiding in another part. Thus the
power of the two houfes of parliament to frame lawii
is checked by the king's negative ; that if laws fub-
verfive of regal government fhould obtain the cdn-
fent of parliament, the reigning printe, by intefpofing
his prerogative, may lave the neceffanr rights and
authority of his ftation. On the other hand, the ar-
bitrary application of this negative is checked by the
privilege which parliament poflefles, of refuilng fup-
plies of money to the exigencies of the king's admin-
ifiration. The conftitutional maxim, ^< that the king
can do no wrong," is balanced by another maxim^
not lefs conftitutional, ^^ that the illegal commands of
the king do not juftify thofe who aifift, or concur^

Britijb Con/iitutiM. 3^1

In carryipg them into execotion ;^' and by a fecbnd.
|?ulc, fubfidiary to this, " that the afts of the crown
acquire not alegal force, until authenticated by the iTub*
icription of fome of its great officers." The wifdom
of this contrivance is worthy of oblervation. As the
kine could not be puniihed, without a civil war, the
conuitution exempts his perfon from trial or account ;
but left this impunity fhould encourage a ficentious
cxercife of dominion, various obftacles are oppofed
to the private will of thefovereign, when directed to
illegal objeds. The pleafure of the crown muft be
announced with certain folemhities, and attefted by
certain officers of ft ate. In fome cafes, the rqyal o»
der muft be fignified by a fdicretacy of ftate ; in others
it muft pzfk uhder the privy £eal, and in many, un-
der the great feal. And \\rhen the king's command
is regularly publifhed, no mifchief can be achieved
by it, without the miniftry and compliance of thofe
to whom it is dire^ed. Now, all who either concur
in an ittejB;al order, by authenticating its publicatioa
l^ith their &al or fubfcription, or mko in any manr
ner affift in carrying it into execution, fubjed them-
felves to profecution and punifhmcnt, for the part
they have taken $ and are not permitted to plead oc
produce the command of the king, in juftification of
their obedience,^ But farther } the power of the
crown to dired the military force of the Idngdom,
is balanced by the annual neceffity of reforting to par«
liament for the maintenance and government of that
force. The power of the king to declare war, i$
checked by the privilege qf the houfe of copimons
to grant or withhold the iuppjiie$ by which the war

• Amongft the checks, which parfiamcnt holds over the admininration of
public afiairs, I forbear to mention the practice of addreflinj; the Idng, to
know by whofe advice he rcfolved upon a particular meafure, and of punifli*
ijae the authors of that advice, for the counfeJ they had given. Not becaufjc
I think this method either unconftitutiohal or impit>per, but for this reaiba,
that it does not fo much fubjc(St the king to the .pontrol of parliament', at it
fuppofcs him to be already in fubjedtrion. For if the king were fo far out of
the reach of the refentment of the hou£e of commons, as to' be able, wicii
fafety,to refufe the information requeued, or to take upon himfelf the refpon*
Ability inquired after, there muft be an end of all proceedings founded in this
laodc of application.

3^ A^ Cc^fiimim^

moft te carried on. Tbo Icbg^s okoiw of Ub aubi(>iu
ters is controlled by the obligaiton be is aader o£ w^
pointing tho& roeo to oirccs in the ftate^ who ate
found capable of maaaging tho affiurs of his govern^
ment with the two hou&s of puiiament* Whicb
coniidcnition impofes futh a neccffity upon the ckwm^
^ hath in a/ great roeaiiirQ fubdued the iaflueace o£
iwouritifm } infomuch, that it is become no uncoin**
iiion fpe^lacle in this country, to fee men promoted
by the king to the highcft offices, and rictieft prefer-
flients, which he has in his powep to beftow, wlaa
have been, diftinguifhed by their oppofition to hia per*
ibnal inclinations*

Ey the balance cf' inter^ which accompanies and
gives efficacy to the balanee rf fowtr^ is meant das,
&at the refpediiEC interefts of the three efiates of the
empire are ladi^poied and adjufted, that whichever
of the three ibali attempt any encroachment^ the
other two wilt unite in refiiltng it. If the Idng
ihould endeanonr to eactend his authi^ity, by con«
trobfUng the power an^^ privileges of the-commoitS)
the houfe of lords would fee thdr own dignity eii<-
daoigered by evei^ advance w^ich the crown mad6
to independency upon the refolutious of parliament*
The admiffion of arbitrary power is no Ids formida«
bit to the grandeur of the ariftocracy, than it is fatal
to the liberty of the republic ; that is, it would re-
duce the noUlity from the hereditary fhare they pof-
ilbis, in the national councils, in which their real
grea^iefs confifts, to the being made a part of the
empty pageantry of a defpotic court. On the other
hand, if the houfe of cmnmons ihould intrench upon
the difiind province, or ufurp the eftablifhed preroga-
tive of the crown, the houfe of lords would receive an
inftant alarm from evtry new ftretch of popular power.
Ip: every oonteft in which the king may be engaged
With the reprefentative body, in defence of his eftab*
lifhed fhare of authority, he will find a fureaUy in
the coUe^ve power of the nobility^ An attachment
to the monarchy, from which they derive their own
dillin^ion ^ the allurements of a courty in the haUts

Briti^ Can/HMiBH. 363

9od wkh tht ftotiineBift of which they have been
brought up ; their hatred of equality, and of all lev*
elUag preteufiooS) which may ukitnately a%6l: the
priTueges, or even the exiftencc of their order ; in
ihort, every principle and every prejudice which are
woat to annate human condwft, wiU determkie their
choice, to the fide and fiipport of the crown. La^ly^
if the nobles tb«mfelves ihould attempt to revive
the foperiorities, which their anceftors exercifed under
the feudal confiiuition, the Inng attd the peofde
would alike remember, how the one had been infult«
ed, and the other enflaved, by that barbarous tyranny «
They would forget the natural oppofition of their
views and indinatioM, when they faw themfelves
threatened with the return of a domsiladon, which
WB$ odious and iafioleraUe ta both*

The reader will haive oUarved, that in defcriftmg
the Britifii ccnftitution» little notice notice has beea
taken ef the houfe of lords. The proper ufe and de-
fi^n of this part of the conftitution, are the following :
Firft, to enable the king, by his right of beftowing
the peerage^ to reward the iervants of the public, in
a manner moft grateful to them^ and at a fmall et*
penfe to the nation ; fixondly, to fortify the power
and to fecure the ftability of regal government, fay
an ordcff of men naturally allied to its interefta ; and,,
thirdly, to anfwer a purpofe, which, though of &pe»
rioF importance to the other two, does not occur ftr
readil^r to our obfervation ; namely, to ftem the prog-
r^is or popular £bry« Large bodies of men are fub-
jeA to fiiddenfren^des. Opnions are fometimes cir*
cukted amongft a multitude without proof or exami-
nattoo^ acquiring confidence and reputation merely
by being repeated from one to another ; and paffions
founded upon thefisr opinions, difRifing themfelves
with a capicfity w4iich can ndther be accounted for
nor refified, may agitate a coiuitry with the moft vio«
lent commotions* Now the only way to ftop the fier*

364 Britijh Con/iHution.

^icfitation, is to dividie the mafs ; that is, to creft
diflPerent orders in the community, with feparate pre-
judices and interefts/ And this may occafionally be-
come the ufe of an hereditary nobility, in vetted with
a fliare of legiflation, Averfe to thofe prejudices
which a<5uate the minds of the vulgar ; accuftomed
to condemn the clamour of the popfUlace ; difdaining
to receive laws and opinions from thcSr inferiors in
rank, they will oppofe refolutions, which are founded
in the folly and violence of the lower part of the com-
munity. Was the voice of the people always dictat-
ed by refleftion ; did every man, or even one man in an
hundred think for himfelf, or actually confider the
liieafure he was about to apJ>rove or cenfure ; 6V even
were the commpn people tolerably ftedfaft in the'
judgment which they formed, I fliould hdd • the in-
terference of a fuperior order, not only fuperfluous,
but wrong : for, when evcry-thing is allowed to dif-
ference of rank and education, which the aclual ftate
qf thefe advantages deferves, that, after all, is moft
Ukdy to be right and expedient, which appears to
be fo to the feps^rate judgment and dedfion of a great
majority of the nation ; 'at leaft, that," in general, is
right yir them^ which w agreeable to their fixed opin-
ions and defires. But when we obferve what is urg-
ed as the public opinion^ to be, in truth, the opinion
only or perhaps the feigned ppofefltons of a few crafty
lea^^rs^ that the li timbers who join in the cry, ferve
only tQfwell and multiply the found, without any
acceffion of judgment, or exercife of underftaoding ;
and that oftentimes the wifeft counfels have been
thus overborne -by tumult and uproar,— we may
conceive occafions to arifc, in which the common-
wealth may be faved by the reluc^ce of the nobility
to adopt the caprices, :or to yield to the vehemence
of the common people. In expecHng this advantage
from an order of nobles, we do not fuppofe the no-
bility to bie more unprejudiced than others ; we only
fuppofe that their prejudices will be different from,'
and may occaiionally counteract thofe of others*.
If the perfonaliprivtleges of the peerage, which ara

Briti/h Conjiituthrti 365

vfually fo many injuries to the reft of the communU
ty^ be reftrained, I fee little inconveniency in the in-
creafe of its number ; for it is only dividing the fame
quantity of power amongft more hands, which is
rather favourable to public freedom than otherwife.

The admifllon of a imall number of ecclefiaftics into
the houfe of lords, is but an equitable compenfation
to the clergy for the cxclufion of their order from
ihe houfe of commons* They are a fet of men con-
liderable by their number, axul property, as well as by
their influence, and the duties of their flat ion ; yet,
whilil every other profelSion has thofe amongft the na-
tional reprefentatiyes, who, being converfant in the
ianie occupation, are able to ftate, and naturally dif-
pqfed to fupport, the rights and intetefts of the clafs
and calling to which they belongs the clergy alone
are deprived of this advantage;. Which hardfhip is
made up to them by introducing the prelacy into
parliament ; and if bifliops, from grs^titude.or expec-
tation, be more obfequious to the will o^ the crovvnj
thw thofe who poflefs great tempbral in^ritances,
they are properly inferted into that part of the con-
ilitution, from which much or frequent refiftance to
the meafures of government is not expected.

I acknowledge, that I perceive no fufficient reafon
for exempting the perfons of members of either
hou£s of parliament from arrefl: for debt. The coun-
fels or fuffrage of a iingle fenator, efpecially of one
who, in the management of his own afiairs, niay
juftly be fufpeded of a wapt of prudence or honefty,
can feldom be Xo neceflary to thofe qf the public, as
to judify a departure from that wholefome policy,
by which the .laws of a commercial flate punifh and
iligmati^e infolvency. But whatever reafon may be
pleaded for their perfinal immunity, when this privi«
lege of parliament is extended to domeftics and retain*
crs, or when it is permitted to impede or delay the
courfe of Judicial proceedings, it becomes an abfurd
iacrifice of equal juftice to imaginary dignity.

There is nothing, in the Britifli conftitution, fo re-
markable, as the irregularity of the popular repr<-

p,entaUon, is to <^^,-tmmu"n?J;:^^^^^^^

different orders in the c^'^J^r^fJ^'^y occafionany b^'

fudices and interefts. And thw m^Y . ft^a wtth

J^Jielheufeofanh^edua^^^^^^

a (hare of legiflation. Avcri^ ^^ ^ accuftome^

which actuate the minds of ^^^ ^^^^^^^^ ., difdamirtg

rocondeiWnthecUtnourofthc^^^^^^

to receive laws and "F"JT . "fJhichare founded
Tk they will oppofe refoluuon^^wluc^^ ^^

in the folly and violence of Jl^^J^^^^X always d*ctat

munity. Was the voice of the PJ^P neman in r

Td byircaeftion i/^d^/^L^^^'^'S- confider t

hAindred think for ^^^^^^l ^J^^ or ceifore ; c^ «'
rt.eafUfehewasabouttoap{»rove^^ ^^^^^^ ,

were the comrnqn ^o^^ ^f'Tft^uld hold -tl^
Tdgment which tkejr formed 1^^ ^ ,fl,

Srference of a fupe"<>'^^^f4w is allowed t
but wrong: for, w^en evwy^bin^ ^^^^^
ference of'rank and -^^'^''\;^^fifia ^,
of thcfe advantages d6ferv^» ^^* '^hVch apT
\ti_j„ *^ K* rio-ht and expedient, ^ ,it^^o

<^ thcfe advintages ^f^^.^^^^^^
Ukdyto be right *Vd«P^^l"'^aedfion-
STfJ to the fep^rate judgment and^« .

majority of the "^^VSe^aSe fthrir/

exercii<
wifcft

Jea^<?rs; that th? n«tniK:r« .y».^:
onli tafwell and nmltiply the— _
accdlimi of judg.nciit, or cxerale ot ^

and thit ohentimes th - '

th us overborn
conceive occafi

to jdopt ihf^
of the cov"
from un
bility tr
fuppof
^nrl r

Itrnue fjl W --

^^i

with tHofe who
lit of tbefe king*
we have to do,
this part of the
3ny Englifliman
y under a repul>-
:ndancw rnojei-
:tule, if the king
he prelent difpro-
jduce nothing but
^hy. In like inan*
^thofe writers who
ro/ right :* wq con-
as it conduces to
ributes to the eftalj-
fecures to the people
4 laws. Thefe cHccl.^
ind abilities of the na-
ire^ if men, the nioft
to know and to pro*
u^tually returned ro par-
1 return them. If the
, .. nat matters it by vvhooi
lii^ no prudent ftatef;naix
llhed or even fettled rules
ujt a profpecl of prgcurinj
ntatives.

' ' orved^ let U5» before wc feek
J confider duly what wcaj*
we a houfe of commons^ comi
jp id forty-eight jnembersj in wi
* J the muii coxifiderablc hindhoj
i he Idogdoni ; the heads of ll .
the law; the occupiers of great of
iier with many private individv^^
kriowkdge, doftyenccj or adivit^

^6$ Briftjh Can^ifuthn.

fentation. The honfe of commons confifts of fiire
hundred and forty-eight members, of whom, two
Iiundred are eleded by feven thou&nd conftituents :
fo that a matority of thefe feven thoufand, without
any reafonable title to fuperior weight or influence
in the ftate, may, under certain circumftances, decide
a queftion againft the opinion of as many millions*
Or, to place the fame object in another point of view ;
if my eftate be fituated in one county of the Idnp;-
<iom, I poflefs the ten thoufandth part of a fingle
yepreientative ; if in another, the thou&ndth ; if in
a particular diftrift, I may be one in twentv who
•choofe two reprcfentatives? if in a ftiH more favour*
cd fpot, I may enjoy the right of appointing two
myfelf. If I have been born, or dweH, or have ferv.
•ed an apprenticefliip in one town, I am reprefented
in the national affembly by two deputies, in the choice
of whom I exercife an adual aiul fenfible fliare of
power ; if accident has thrown my birth, or habita*
tion, or fervice into another town, I have no repre-
Tentative at all, nor more power or concern in the
eleAion of thofe who make the laws by which I am
;^vemed, than if I was a fubjedt of the Grand Seign*
lor — ^and this partiality fubmls i9(dthout any pretence
whatever of merit or of propriety, to juftirjr the pre-
ference of one place to another. Or, thirdly, to 4c-
fcribe the ftate of national reprefentation as it eztfts
in reality, it may be affirmed, I believe, with truth,
that about one half of the houfe of commons obtain
their feats in that affembly by the dedion of the
people, the otiier half by purchafe, or by the nomi-
nation of fingle proprietors of great eftates.

This is a Migrant incongruity in the conftitutton ;
•but it is one of thofe objections which ftri)De moft
forcibly at firft (ight. The c!k& of all reafoning upon
the fubjeA b to diminifli the firft impreflion ; on
which account it deferves the more attentive exami-
nation, that we may be affured, before we adventure
upon a reformation, that the magnitude of the evil
juftifics the danger of the experiment. In the few re-
marks that follow, we would be underftood, in the

i3in0 Cotf/^iutiofi. $67

ISirft pll^c:^ , to decline all conference Wi^ tHofe .w})io' '

yxiih to ^t.er ^e form of goyeroineot of tbefe king-

i^ojxis. Tlvs reformers with "vkotfi we h^ve to do,

9re they, who, wh'ilft they cIunK thl^ part of the

fy0:ea)9 WPuM retain the r^l^* If any Engliifamati

expejfis oiore happine(s to his country under a repute

lie, he 9iay very coniiftently recQmq3end a new pioc^el-

jiog of election^ to parliament ; becaufe, if th? king

and Ijiqpfe of lords were laid aiide, the ptefent difpro-

jportionatc reprefentation would produce nothing bu^

J9i confufed apd ili*digefted oligarchy. In like inan«

X>cr yjre wave a cpntroverfy with thofe writers who

Infift upon r^prefentation as ^ natural right :* w^ con-

li(^r it fo far qply ^ a right at all, as it conduces to

puJb^ utility ; that is, as it contributes to the eftab^

. u(liaipnt pf good )awp, or, as it i^cuf/es to the people

the juft ftdminiftration of thef^ Is^w^* Th^fe fiSc&s

4<^p4 prop the difppfition and abilities of the nf-

tio^al counfellors« Wherefore^ If nien, th^ mo^
Jii^fly by their qualifications to know and to pro-
.ipetethe public iQ^tereft, beaclually returned to par^^

ilun^nt, it %nifies little who return them. If the
. propereft peribns be ele^d» what matters it by whojip

they are elected'? At leaft, no prudent fiatefoiafi

Wi>Vl^d fubvert long eftabliflied or even fettled rulfS

flf jeprefentation, without a profp^cfc of procuring

.^ifer or better r^pr^fentatives^
, Thi3 then being well obferved, let us, before we fecjc

tp obtain any thing more, confidjcr duly what we a)-

• jready have. We ^ve a houfe pf commons, cQmp9f4;d
of five hundred and fojrty-c^ht yqembers, in which

. upmb^r are found th^ moft confiderable landholders

..904 i|iieirchant»of the )d)^doin i the he?ds pf the ar«

niy, ithe navy,apd the law; the occi^piers of great p^qes^

ift'thp|Jai^i togirth«r:with nwpy piivatc indivi4u^s,

enmi^t by their Jkiiow}ed«» t)qt^cQ«:e, pr a<Sti^ty*

' Ty • ..

* If tl^Is right lie natural, no dpubt it mailbe equal, and the f ifht, we mi|r

* M, o^one '(€t, u iith » df tfa« oth^. ~ Wl&Ut tr^ flta 't£ reprKesft&tfoiH
thff. ye f^ keta^ .rf,.b0Dif, by ^lii4mf tt^ery«t^^ of woomo ; th« cuftng

pA <^J^ ^ %^fS^^ ftrohc«m Mffff 4ie pnoyc from a right which is afierted to be
wirfek iJ all ; ' a* rifltt tW/as fdm4 TCprcfeit i^, nW odHy uJttTerftl,- Wt •oa-

368 Britijh Conjiitution.

Now, if the country be not fafe in fuch hands, in
whofe may it confide its intcrefts ? If fuch a nnmber
of fuch men be liable to the influence of corrupt mo-
tives, what aflembly of men will be fecure from the
fame danger ? Does any new fcheme of reprefenta-
tion promife to coUtft together more wifdom, or to
produce firmer integrity ? In thb view of the fubjeft>
and attending not to ideas of order and proportion,
(of which many minds are much enamoured) but to
effefts alone, we may difcover juft cxcufes for thofe
parts of the prefent reprefentation, which appear to
a hafty obferver mod exceptionable and abfurd. It
ihould be remembered as a maxim extremely appli-
cable to this fnbjed^ that no order or aflembly of men
whatever can long maintain theif place and authofity
in a mixed government, of which the members do
not individually pofleis a refpe£table ihare of perfonal
importance^ Now, whatever may be the defeds of
the prefent arrangement, it infallibly fecures a great
weight of property to the houfe of commons, by rcn-
dering many feats in that houfe acceflibk to men of

^ large fortunes, and to fnch men alone. By which
.means thofe chara<^ers are engaged in the defence of
the feparate rights and intcrefts of this branch of the
leriflature, that are beft able to fupport its claims.

IThc conftitntion of moft of the fmall boroughs, et-
pecially the burgage tenure, contributes, though ufi-
defigfiedly, to the lame effect ; for the appointment
of the reptefentatives we find commonly annexed to

' certain great inheritances. Eleftions purely popular
arc in this rcfpeftuftcertain : in times of tranquHlity,

• the natural afcendenty of wealth will prevail ; but
when the minds of men arc inflamed by political di£>

' fenfions, this influence often yields to more impetu*

•ous motives. — ^The variety of tenures and qualifica*
tion», upott which the right of voting is founded, ap-
pears to me a recommendatioo 6f the mode which
now fubfifts, as it tends to introduce ii^to parliament
a corrcfponding mixture of charaders and profef-
fions. It has been long obferved, that confpicttous
abilities arc hioft frequently found with thereprefen-
tatives of fm*all boroughs, . A^d this is nothing more

tki&what the laws of human condud mighutcatli
us to tx^d : when fuch boroughs are fet to iale»
thofe men are lijcely to become purchafers, who are .
enabled by their talents to make the beft of their bar-
gain i when a feat is not fold, but given by the opu*
lent proprietor of a burgage tenure, the patson finds
his. own intereft confuTted) by the repptation 9nd
abilities of the member whom he nominates^ If cer^
tain of thje nobility hold the appointment of fbme
part of the houfe of commons, it ferves to maintain
that alliance between the two branches of the le^ifla«
ture^ which no good citizen would wiih to fee diflev*
ered : it helps to keep th^ government of the coun-*
try in the houfe of common^^ in which it would not
perhaps long continue to reAidfts if /To powerful and
wealthy a part of the nation as the peerage compofe^
were excluded. ^Qpi ^ ^afe and intereft in its con*,
ftitution. If there be a few boroughs fo drcumftan*
qedas to lie at the difpofal of the crown } whilft the
number of inch is l^nown wd fmall, they may be
tolerated with little danger. For where would be
the impropriety^ or the mconveniency, if the king at
once ihould nominate a limited number of his ler**
vants to feats in parliament ; or» what is the £ime
thing, if feats in parliament were annexed to thejpoC
i^ilion of certain of thje moft efficient and reippnl^blc
offices in the ftate ? The preiCbnt reprefentation, after
all th.efe dedudions, and under the confylion in
which it confeifedly lies, is ftill in iiich a degree pop-
ular ; or rather the reprefentatiyps jaire fo connefted
with the n^ais of the community^by a fociety of in*
terefts and paifioi^, that the will of the people, when
it is ^ermin^d, pernv^nent, ;uid general, almoft al*
ways 9( Ipng^h prevails.

Upoi) the whole, in the feveral p}ans which have
been fttggefte.4» of an equal or a reformed reprefentar
tion, it will be dii^cult to difcover any prppofal t\x2^
has a tendency to throw more of the bulinefs of thp
nation into the houfe of commons, or to colled ^ fet
of nien more fit to tranfad thgt buiinefs, or ip genen
2^ more intereiled in the national happinefs and proif*
pcrity. One confequence, however, may be expe^*

cd from* theft projca*, faamfeJy, « tel*s flexfbllHy t0
%\ic mflMncc of thfe crb\irn." And flhfe the dTAltmr
tibn of this influence is the decHrfcd, and jpethaps thU
idle defigh of the various fchehies that have been j>ro-
duccd, whether fojr regulating the cleftidhfe; cbiit^aA-
irig the duration, or foir purifylflg thfe cbnIlitiltRai of ■
pkrliaihent by the exicltifion of placemen and penfion-
cts ; it is obvious to remark; thit the itidrc Sipt ttid
riiturli, as wcH as thie more lafe arid quiet Way 6f 4t-
tiining th^ feme end, would be, by a tfire^ i*eduftidn
of the Ipatrondge of the crd>*n, Whifch might be Sf-
ffeftcd to a certain bxterit without hatardihg ftrthcr
cbnfeqiifences. Superfluous and cKorbitant eraolti-
metits of office may riot only bp fupprefled for the
prefent ; but provifions of law be dfevifed, which
ihouid for the future reftrain, withih certaih limits,
thfe ntsmber and value of the offices in the dorititib^
erf .the king. '

^ But whilft we cfifpqtjb coricerjilrig different fiiieftie^
of referhiitibn, all difefted to tlie faifae etfd, a prtvi-
chx% dotibt occurs ih the debate, whether the eria it-
f8f!je good or fife— Whether the ihflfience ft lotldly
ittxttpfaincil of cah bfe deftroycd, or even much di-
mf ftifli'ed, without darter to the ftate. Whilft the
ttz\ of JTottie jhcii bchmds this influence with a jeal-
ouiV, which iiotiiing but its entire abolitioti can ap-
pciic, many ' ^fe arid virtuous politicians deem a
ccmfiderable portion of Jt to be as neceflary a part of
tfiie Britifii cohftlttitiotti as any other ingredient in
t^»e ccrtrrpdfitloti-— to be that, indeed, which giVcs cp-
hefibn aridfoliditV to the whole/ Were the liiieiftires
cT gpverritiierit, iay they, oppofed from nothiiij^ but
prtnidjJle, goirei-irBichrooght to haye nothing biit the
rectitude of its meafures to fupptert them ; but finte
o^'ji'obtiori fj^rhigs frohn other motived, gtiyctniffnent
ximft pofifefs an IMiiettce to counteract thefe motivbs j
to ^oduce, not a liiis of the paflions, but a iletlttili-
ty ; St muA have fotne Weight to call into tlite fcak
to fet the bahtnce '^ch.' ' ft i^ the nature of pbWtr
always tfe prefe iippn the boundaries which coAfine it.
ticcntinufnefs, ti6Aatij envy, iiiypatience of conth)l
^Htiftriority J the 'ftdcct pFeafiiri of fortifying the

greatv or tfie hope of difpdffeffihg thfem ; a copftant
willixighds t6 btnftion and th^i/airt whaitei/er is dic-
tated br eveii ^opofcd by anottier ; a difpo&tion
cdmnfon to all bodies of meii to extend the chtims
aBd:authof ity qf tbdir ordei: } above all^thit Iqvc of
poweir and of £he#ing it^ Whi(;h re{ide3 there or.lefi
in every humrnn breaft, and ^hxth, in popubr aflbm-
bitesv is infiimed^ Kke eTci7 otiier pa0iop| by coins
xniiiifqLtkm and encduramment ; thefe nnqtives^ add<>
ed to private deii^ns and refitntmehtft^^ cfaeriihed aUb
bypbpnlar aoctihniioD^ ami operbting upon the great
iUare of power ^already pd&flcU b^ the houfe of coiri*
mons^ might induee a nn^ririty^ or at leall a Izrgt .
party of men in that afidhbiy^ to unite in eikdeav^.
oanring to draw to theihfelf eb the whole governiniot
of the ftate ; or at leaft fo to obftruct the condnd of
pvblic afiairs^ by a wahton a^d^pervexfe efipofitibh,
2i9tb render h impdffible fdlr the wifcSl ftatefmah to
catry ftirwardtt tho bfifiiiei$ hS tin mfioh with fuccdl
or fatisfkdtiQh, . .

' Some pa&ffges of oar patiocnd hiftor y afifdrd gtouods
forthefeaqgfNretedfioin; Bdfioretheaoreilhinof Janies
the FlHhy or, ai: leaft, goring the reigns of his three
imtnediate ptedeobiTors, the government of £ngian4
vn^ a government by force ; that is, the king carried
his xneafnres in parliament by intimidatim. . A fenfe
of perfonal daneer kept (he members of the houfe of
commt>ns in fobjedion. A conjunction of fortunate
caufes delivered at laft the pariiameilt and nation
from flavery. . That overbearing fyfiem, which had
fbieliAed in \\s^ huf^ of James, expired fearly iii the
reign tyf 'his fon* After the reftpratiohj tluere fttc-
ceided ih ifts pliccr, and fince the revolution has been
methodically putfved, the more fuccefsfui expedient
oiinftuenct. No^ we remember what pa^d between
the \t& df terror^' Md the eftaMifhment of influence.
Trhts tr^nfafiidns X)f th^t interval^ whatever we may
tMnkbf their occafion, br ^d^ no friend of regal
government would wiih to &e revived. — But the af-
nilrft of this kingdom s^ord a ifaore recent atteftatioa
to* the faMe doAf ine. In the Bvitiih cdonks of
^ifth Ameiiba, the late aflcknblies pofiefieds^chr

i^ya Btitifb Can/llttahfL

of the power and conftitution of our hq^fe of com^
rnons. The king and government of Great Britain
held no patronage in tl^ country, which could cre-
ate attachment and influence, fufficient to eountera£k
that refUei$,arrc^ating fpirit, which^tn popular aflera*
blies, when left to itielf, wiU never brook an author^
ity that checks and interferes with its own. To thb
caufe, excited perhaps by ibme unfeaibnable provo^ -
cations^ W^ niay attribute, as to their true and propt-
er original, we will not Uy the misfortunes, but the
changes, that have taken place in the Britilh empre*
The admonition, which fuch examples fugged, will
have its weight with thofe, who are content with the
general frame of the Engliih conftitution ; and who
coniider ftability ampngft the firft pcrfedions of any
government*

We pr^ouft, howei^rcr, agatnft any conftrudioni by
which what b here faid ihall be attempted to be ap«
pliedto the juftification of bribery, or of any ciandei&
tine reward or folicitation whatever. .The very fe^
crecy of fuch nerodations confiefles or bc^ts a con-
fctoufhefs of guilt ; which when the mind is once
taught to endure without uneaiineis, the charaderis
prepared for every comj^nce. And there is the
greater danger in thefe corrupt pradices, as the extent
of their operation b unlimited and unknown. Our
apology relates iblely to that influence, which refults
from the acceptance or expectation of public prefer*
ment8« ^oi does the influence, which we defend^
require any facrifice of perfonal probity. In poUti-
cal, above all other fufajefts, the arKuroeAts, or rath-
er the conjedures on each fide otthe queftion, are
ojFten fo equally poized,. that the wiCefl judgments
may be held in fufpenfe. Thefe I call fubjects of in-
difference. But again, when the fubje£t is not indi/t
ferent in itfelf, it will appear fuch to a great {urt of.
thofe to whom it is propofed, for want. of informsh
tion, or reflection, or eacperience, or of capacity to
coUed and weigh the reafons by which either fide is
fupported. Thefe are fiibjeds of apparent indi^ereneit
This indifference occurs .ftill more frequently in pe&i;
ioi^ii cooteils ; in whicb^ we: do not often ^(om^

Brityh Con/iituticn. 273

any reafon of public utility, for the preference of one
competitor to another. Thefe cafes compoie the
province of influence ; that is, the decifion in theie
ca&s will inevitably be determined by influence of
ibme fort or other, llie only doubt is, what influ-
ence fliall be admitted. If you remove the influence
of the crown, it is only to make way for influence
from a different quarter, if motives of expectation
and gratitude be withdrawn, other motives will fuc-
ceed in their place^ ading probably in an oppoflte di-
rection, but equally irrelative and extern^ to the
E roper merits of the queftion^ There exift, as we
ave fem, paffions in the human heart, which will
always make a ftrong party againft the executive
power of a mind governments According as the
dilpofition of parliament is friendly or adverte to the
recommendation of the crown in matters which are
really or s^parently indifierent, as indiflerence hath
been now explained, the bufinefs of empire will be
tran&ded with eafe and convenience^ or embarraflied
with endlefs contention and difficulty. Nor is it a
condufion founded in juftice, or warranted by expe-
rience, that, becaulemen are induced by views of in-
tereft to yield their confent to meafures, conoerning
which their judgment decides nothing, they may be
brought by the fame influence^ to a^ in deliberate
oppoution to knowledge and duty. Whoever re-
views the operations of government m this Country
lince the revolution, wifl find few, evert of the mofl
queftionable meafures of adminiftration, about which
the beft inftfufted judgment might not have doubt-
ed at the time r but of which lie may aiErm with
certainty, that they were indifferent to the greateft
part of thcfe who concurred in them< From the
fuccefs or the facility, with which they who dealt
out the patronage of the crown carried meafures like
thefe, ought we to conclude, that a fimilar applica^
tion of honours and emoluments would procure the
confent of parliament to counfels evidently detriment^
al to the common welfare ? — Is there not, on the
contrary, more reafon to fear, that the prerogative,
if deprived of influence^ would not be long able to

fupport itfelf ? For when >ve reikd upon tic power
of the houfe of commons to extort a complfanc^
ifjxth its refolutions from the other parts of the Ic-
giflature ; or to put to dieatii tlfc confiitution fay x
refufal of the annual grants of money, to the lup-
J>ort of the neceffary fimcHons of gavernnaient-: —
when we reflect alfo what motives there are, vhicb^
in the v^ciilitudefi of political interefis and paffionk,
•may ohe day af m and pioint this power againft the
executive magiftrg[te ; when we attencj to thefe con-
fiderationis, we IhaU be led p>erhaps td acknpwledge,
that there is not mofc of paradox than of truth ifi
that important^ but much decried apophthegm,
^* that an independent pa^Ii^iment is mcompatiye
*^kh the exificnce of the monarchy/*

Ct THE ADMINISTI^ATION OF jDSTiCE.

^ The firft maxim of a free ftate is^ that the lawii
be made by one fet of men^ and adminittered ty
another; in other wards, that the legiflative ai^d
judicial characters Ije ^ept feparate. When tliefe
offices are united ip the fame perfon or affemblv,
particular laws are made for particular cafes, fbriiig-
ing oftentimes from partial motives, and direaed to
private ends : whilft they are kept fejparate, ceneral
laws are made by one body of men, >vithout forefee-
ing whom they may affect ; and, when made, muft
be applied bv the other, let them aifecl whom they
will. ' '*

For the lake of illuftr^-tion, let it be fuppofed, in
this country, either that, parliaments bc^ng laid afi4e,
the courts of Weilpunftcr Hall ra^/? .^^?^^ Q^'^ i^^l J
oj: that the two hpuj^s of partiamen^^'.^^^^ the king
at their head, tiied', a,ud decided '.paiiics at their baf :
. i^iijf y^4?pt, in thc^firi)E . pt?c^. J.V^f" t^e ^ci%s of

fif the Admnijhation of Jujiite. ^*f$

fuch a judicature ^ould be fo many laWs ; andj in
the fecond place, that, when the parties and the inter*
efts to be affeftcd by the law were known, the incli-
nations of the law-makers would inevitably attach on
one fide or the other; and that^ where there were
neither any fixed rules to regulate their determina-
tionS) nor any fuperior power to control their pro-
ceedings, thefe inclinations would interfere with the
integrity of public juflice« The confequence of
which muft be, that the fubje<fls of fuch a conftitu*
tion would live either without any conftant laws,
that is, without any known pre-eftablilhed rules of
adjudication whatever ; or^ under laws made for
particular cafes and particular perfons, and partaking
of the contradictions and iniquity of the motives^ to
which they owed their origin-

Which dangers, by the divifioli of the legiflative
and judicial fundions, are in this country eftedlually
provided againft* Parliament knows not the indi-^
viduals upon whom its ads will operate ; it has no
cafes or parties before it } no priv2ite defigns to ferve ;
conlequently^ its refolutions will be fuggefted by the
Gonfideration of univerfal eflfecls and tendencies^
which always produces impartial, and commonly ad«
vantageous regulations* 'When laws are made, coftrts
of juftice^ whatever be the difpofition of the judges^
muft abide by them ; for the legiflative being necef*
(arily the fupreme power of the ftate, the judicial and
every other power is accountable to that } and it can*
not be doubted, but that the perfons^ who pofleis the
fovereign authority of government, will be tenacious
of the laws which they themfelves prefcribe, and fuf*
ficiently jealous of the afiumption of difpenfing and
legiflative power by any others^

This fundamental rule of civil jurifprudence is vio-
lated in the cafe of afts of attainder or confifcation, in
bUIs of pains ^nd penalties, and in all cxpojifa^o laws
whatever, in which parliament exercifes the double
office of legiflator and judge. And whoever either
underftands the valufe of the rule itfeif, or cqll^^ the

376 Of the Adminijirafian of fujiice.

kiftory of thofe inftances in which it has been inva*
dcd, will be induced, I believe, to acknowledge, that
it had been wifer and fafer never to have departed
from it. He will confefs, at leaft, that nothing but
the moft manifeft and immediate peril of the com-
monwealth will juftify a repetition of thefe dangerous
examples. If the laws in being do not punifli an of*
fender, let him go unpuniihed j let the legiflature^
admonilhed of the defe6^ of the laws, provide againft
the commiflion of future crimes of the fame fort.
The efcape of one delinquent tan never produce (b
much harm to the community, as may arife from the
infradion of a rule, upon which the purity of public
juftice, and the exiftence of civil liberty^ eflentially.
depend.

The next fecurity for the impartial adminiftration
of jttilicc, efpecialty in clecifions to which government
is a party^ is the independency of the judges. As
proteftion againft every illegal attack upon the rights
of the fubje^ by the fervants of the crown is to be
ftnight for from thefe tribunals, the judges of the
land become not unfrequently the arbitrators between
the king and the people. On which account they
ought to be independent of either ; or, what is thfe
fame thing, equally dependdnt upon both ; that is, if
they be appointed by the one^ they fliould be re^
moveable only by the other. This waS the policy
which dictated that memorable improvement in our
conftitution^ by which the judges, who, before the
revolution, held their offices during the pleafure of
the king, can now only be deprived of thetn by an
addrefs from both houfcs of parliament ; as the moft
regular, folemn, and authentic way, by which the
diSatisf^Aion of the people can be espreffed. Tb
make this independency of the judges complete, the
public Claries of their office ought not only to be cer-
tain, both in amount and continuance^ but fo liberal
as to fecure their integrity from the temptation of
fecret bribes: which liberality will anfVer alfo the
farther purpofe of preferving their jurifdi^ion firdtii
contempt, and their character^ from fufpicion \ as

Of the Admnljiruiim of Ju/iicfk 377

well as of rendering the offioe worthy of the ambitioa
of men of eminence in their profeffion,

A third precaution, to be obfcrved iiv the forma-
tion of courts of juftice, is, that the number of the
judges be froall. For, befide that the violence and
tumult infeparable from large affemblies are incon«
£ftent with the patience, method, and attention re-
^uiiite in judicial inveftigations \ beiide that all paf-
fions and prejudices ad witli augmented force upoa
a coUefted multitude^ be&dc the£e objections, judges,
when they are numerous, divide the (hame of an un-
juft determination ; they fiielter themfelves under ohe
another's example ;^ach man thinks his own charac*
ter hid. in the crowd : for which reafon the judges
ought always to be fo few, as that the conduct of each
may be confpicuous to puUic obfervation; that each
may be refponiible in his Xeptrate and particular re-
putation for the deciiions in which ha concurs. The
truth of the above remark has beea exen^lified in
this country, in the effects of that wife regulation
which transferred the trial of parliamentary elections
from the houfe of commons at large, to a feled corn-
mittee of that houfe compofe<i oi tUrteen members*
This alteration, fim[dy by rod^cing the number of the
Judges, and, in confequence of that reduction, expo-
jfing the judicial condu6t of each to BubUc animad-
verlion, has given to a judicature, which had been
longfwayed by intercfl: and foUcitation, thefolemnity
and virtue of tlie moil upright tribunals***^! fhould
f)refer an even to an odd number of judses, and four
to almoft any other number; for m this number,
befide that it fufEciently confults the idea of feparate
refponfibility, nothing cm be decided but by a ma-
jority of three to one. And when we confider that
every deciiion eftablifixes a perpetual precedent, we
fliall allow that k ought to proceed from an author-
ity not lefs than this. If the court be equally divi-
ded, nothing is done ^ things remain as they were ;
with fome inconveniency, indeed, to the parties, but
without the danger to the public of a hafty prece-
dent.

378 Of the Admini/iraiim cf Jujiiee.

A fourth requlfitc in the conftitutton of a court of
jufticc, and equivalent to many checks upon the dit
♦crction of judges, is, that its proceedings be carried
on in public, apertis foribta ; not only before a pro-
tnlfcuous concourfe of byftanders, but in the audi-
ence of the whole profeffion of the law. The opin-
ion of the Bar concerning what paffes will be impar-
tial ; and will commonly guide that of the public-
The moft corrupt judge will fear to indulge his dif-
lioneft wifhes in the prefence of fueh an affembly : he
muft encounter what few can fupport, the cenfure
of his equals and companions, together with the in-
dignation and reproaches of his country.

Something is alfo gained to the public by appoint-
ing two or three courts of concurrent jurifdi<%ion,
that it may remain in the option of the fuitor to
which he will refort. By this means a tribunal, which
may happen to be occupied by ignorant or fufpeAed
judges, will be deferted for others that poffefs more
of the confidence of the nation.

But, laftly, if fcveral courts co-ordinate to, and in-
dependent of each other, fubfift together in the coun-
try, it feems neceflary that the appeals from all of
them ihould meet and terminate in the fame judica-
ture ; in order that one fupreme tribunal, by whofc
final fentence all others are bound and concluded^
may fuperintend and prcfide over the reft. This con^
ftitution is neceflary for two purpofes ; — to preferve
an uniformity in the decifions of inferior courts, and
to maintain to each the pro[)er limits of its jurifdic*
tion. Without a common fuperior, different courts
might eftabliih contradictory rules of adjudication,
and the contradiftion be final and without remedy ;
the fame queftion might receive Oppofite detcrmina*
tions, according as it was brought before one court
or another, and the determinjition in each Be ulti^
mate and irreverfible. A common appellant jurifi^
didion prevents or puts an end to this confufion.
For when the judgments upon appeals are confiftent,
which tnay be expected, whilft it is the lame court
which is at laft reforted to, the different courts, from

Of the Admtii/lratitm <f Ju/Hee. 379

which the appeals are brought, will be reduced to a
like confiftency with one another. Moreover, if
queftions arife between courts independent of each
other, concerning. the extent and boundaries of their
refpe£Hve jurifdiclion, as each will be deiirous of en*
larging its own, an authority which' both acknowl^
edge can alone adjuft the controverfy. Such a pow-
er, therefore, muft refide fomewhcre, left the rights
and repofe of the country be diftra^ed, by the end-
lefs oppofition and mutual encroachments of its courts
of juftice.

There are two kinds of judicature ; the one, where
the ojffice of the judge is permanent in the iame per-
fon, and confequcntiy where the judge is appointed
and known long before the trial ; the other, where
the judge is determined by lot at the time of the trial,
and for that turn only. The one may be call|cd a
fxed^ the other a eafual judicature. From the former
may be expefted thofe qualifications, which are pre-
ferred and fought for in the choice of judges, and
chat knowledge and readineis which refult from ex«
perience in the office. But then, as the judge is
known beforehand, he is acceffiUe to the parties ;
there exifts a poflibility of iecret management and
undue praftices : or, in contefts between the crown
and the fubjecl, the judge appointed by the crown
may be fufpeftcd of partiality to his patron ; or of
entertaining inclinations favourable to the authority
from which he derives his own. The advantage at-
tetidine the fecpnd kind of judicature is indifferency ;
the dere£t, the want of that legal fcience, which pro-
duces imiformity and juftice in legal decifions. The
conftruftion of Englifli courts of law, in which caufes
are tried by a jury with the affiftance of a judge, com-
bines the two fpecies together with peculiar fuccefs.
This admirable contrivance unites the wifdom of a fix*
ed with the integrity of a eafual judicature, and avoids,
in a great meafure, the inconveniencies of both.
The judge imparts to the jury the benefit of his eru«
dition and experience ; the jury, by their difintereft-
edneis, check any corrupt partialities which previous

380 Of the Admntfiratm tf Jti/iici*

application may h^ve produced in the judge. If the
determination W4s left to the judge, the party might
fuffer under the fuperior intereft of his advcrCiry :
if it was left to an uninftruded jury, his rights would
be in ilill greater danger from the ignorance of thofe
who were to decide upon them- The prefent wife
admixture of chance and choice in the conftitution of
the court, in which his caufe is tried, guards him
equally againft the fear of injury from either of thefe
caufes.

In proportion to the acknowledged excellency of
this mode of trial, every deviation &om it ought to
l>e watched with vigilance, and admitted by the legif-
htturc with caution and relufbnce. Summary con-
viftions before juftices of the peace, efpecially for of-
fences againfl: the game laws ; courts of confcience,
extending the jurifdiAion of cqurts of equity ; urgr
ing too nx the diftin&ion between queftions of law
and matters of fad, are all fo many infringements
upon this great charter of public fafety.

Nevcrtheleis, the trial bv jury b fometimes found
inadequate to the admimftration of equal jufiice*
This imperfe(n:ion takes place chiefly in difputes, in
which fome popular paffion or prejudice intervenes ;
as where a particular order of men advance claims
upon the reft of the community, which is the cafe
of the clergy contending for tythes ; or where an
order of men are obnoxious by their profeflion, as
are officers of the revenue, bailiff, bailiffs' followerst
and other low minifters of the law ; or where one
of the parties has an intereft in common with the
general intereil of the jurors, and that of the other
is oppofed to it, as in contefts between landlords and
tenants, between lords of manors and the holders of
eftates under them. ; or, laftly, where the minds of
men are inflamed by political diflenfions or religious
hatred. Thefe prejudices aA moil powerfully upon
the common people, of which order juries are made
up. Uie force and danger of them are alfo increafed
by the very circumftance of taking juries out of the
county in which the fubjefl; of difpute arifes. In

Of the Adminiftration of Jufiice. 38 x

the ndghbourhood of the parties the caufe is often
prejudged : and thefe fecret decifions of the mind \ ' j-
ceed commonly matt upon fentiments of favour or
hatred ; upon fome opinion concerning the feet,
family, profeflion, characber, connexions, or circum-
ftances of the parties, than upon any knowledge or
difcuifion of the proper merits of the quellion.
More exa£t juftice would, in many inftances, be ren-
dered to the fuitors, if the determination were left
entirely to the judges ; provided we could depend
upon the fame purity of condud, when the power of
thefe magifirates was enlarged, which they have long
manifefied in the exercife of a mixed and reftraincd
authority. But this is an experiment too big with
public danger to be hazarded. The effects, however,
of fome local prejudices might be fafely obviated, by
a law empowering the court, in which the action is
brought, to fend the caufe to trial in a diftant county :
the expenfes attending the change of place, always
falling upon the party who applied for it.

There is a fecond diviiion of courts of juftice,
which prefents a new alternative of diiSiculties.
Either one, two, or a few fovereign courts may be
ereded in the metropolis, for the whole kingdom to
refort to ; or courts of local jurifdiftion may be fixed
in various provinces and diftricls of the empire*
Great, though oppofite, inconveniencies attend each
arrangement. If the court be remote and folemn,
it becomes, by thefe very qualities, expenfive and dil-
atory : the expenfe is unavoidably increafed when
witneffes, parties, and agents muft be brought to at-
tend from diftant parts of the country : and, where
the whole judicial bufinels of a large nation is col-
lected into a few fuperior tribunals, it will be found
impoflible, even if the prolixity of forms which re-
tards the progrefi of caufes were removed, to give a
prompt hearing to every complaint, or an immediate
anfwer to any. On the other hand, if to remedy
thefe evils, and to render the adminiftration of juf-
tice cheap and fpeedy, dbmefiic and fummary tri-
bunals be ere^d in each neighbourhood, the advan-

382 Of the Admini/iration of Ju/iice*

tage of fuch courts will be accomptoted with all xSie
dangers of ignorance and partiality, and with the
certain mifchief of conf uiion and contrariety in thdr
decifions. The law of England, by its circuit or
itinerary courts, contains a provifion for the diftri^
bution of private juftice, in a great meafure relieved
from both thefe objedions. As the prefiding magif-
trate comes into the country a ftranger to its prgu*
dices, rivalfhips and connexions, he brings with mm
none of thofe attachments and regards, which are fo
apt to pervert the courts of juftice, when the parties
and the judges inhabit the fame neighbourhood
Again, as this noagiftrate is ufually one of the judges
of the fupreme tribunals of the kingdom, and has
paifed his life in the ftudy and adminiftration of the
laws, he pofTefles, it may be prefumed, thoie profef^
iional qualifications, which befit the dignity and
importance of his ftation. Laftly, as both he, and
the advocates who accompany him in his circuit, are
employed in the bufinefs of thofe fuperior courts, (to
which alfo their proceedings are amenable) they will
naturally* conduct themfelves by the rules of adjudi-
cation, which they have applied, or learnt there :
and by this means maintain, what conftitutes a prin-
cipal perfedion of civil government, one law of the
land in every part and diftrid of the empire.

Next to the conftitution of courts of juftice, we are
naturally led to confider the maxims which ought to
guide their proceedings : and upon this fubjedt, the
chief inquiry will be, how far, and for what reafons,
it is expedient to adhere to former determinations ;
or whether it be necefiary for judges to attend to
any other confideration than the apparent and par*
ticular equity of the cafe before them. Now, al-
though to ailert, that precedents eftablifhed by one
fet oMudges, ought to be incontrovertible by their
fuccefiors in the fame jurifdicfcion, or by thofe who
exercife a higher, would be to attribute to the fen-
tence of thofe judges all the authority we afcribe to
the moft folemn a As of the legillature \ yet, the gen-
eral fecurity of private rights^ and of civil life, re-

(tf the AdminiftrMtm cf Jujtui. 3«3

tpritcs, that fuch precedents, efpecially \i they have
•been confirmed by repeated adjudications, ihotiid
not be overthrown without a deceAion of manifeft
• error^ or without feme imputation of diftionefty up-
:dn the court by whofe judgment the queftion:wa»
•firft decided. And this deference to prior dedfioos
:i3 foonded upon two reafons : firft, that the difefo*
tidn of judges may be bound down by pofitive rules- $
-and. Secondly, that the fubjcA, upolfi every occafion>
in .which his legal intereft is concerned, may knaipr
beforehand how to aA, and what to cxpeft. To fet
fudges free from any obligation to conforin theni^
.£siim to the decifions of their* pfedeceffors, would be
-tfeWy open a latitude of judging, with whicH no de-
Aription of men can fafely be idtrilfted : it would bi
to allow fpace for the exercife of thofe concealed paiv
^tialities, which, iince they cannot by any human
j>plicy be excluded, ought to beconfined by^x^da-
•ries and landmarkr. It is in vain to allege, that the
fupcrintendency of parliament is always at hand td
xontrol and pu.ni(h^ a^ufes of judicial difcretion. By
:what rules can parliament proceed ? How {hall they
4>ronounce a deciiion to be wrong, where there ex*
4fts no acknowledged meafure ot Itandard of what i^
':xight, which, in a multitude of inftances, would be
,the cafe, if prior determinations were no Idnger to
be appealed to ? •

. --Dirainiihing the danger of partiality, is one thing
l^ioed by adhering to precedents ; but not the prii}-
^|)a^ thing. The iubje6k of every fyftem of lawS
•inuft exped tha^ decifion in his own cafe, which h6
knows that others have received in cafes fimilSr t<>
Ms« If he e^peft not this, he can expe^ft nothing*
There t^xifts ndmher rule or principle of reafoning,
by wUdi he can foretel, or even conje£hireth^ event
ipf a iudicial comeft* To remove ther^ore the grounds
of thbexpedation, by rejefting the force and author*
ity of precedents, is to entail upon the fubjed the
»forft propqty of flavcry— -to have no aflutance of
his rights, or kaoiK^edge of his duty. The quiet aU
fo of the country^s well as the confidence aad {ati^«»
Aa a

jKi Ofthi AdnmiftrUm of Jufiia^

lȣtion of each man's mind, requires uniformity a
judidal proceedings«r Nothing quells a fpirit of litW
gation like defpair of fucce& t therefore^ nothing £»
completely puts aa end to Iaw*fuits, as a rigid adhe*
Kuce to knows rules of adjudication. WliiHl the
«vcnt is uncertain, which it e?ar muft be, whilft k is
4incertain whether former determinations upon the
fame fubjedt will be fcdiowed or not, law-fuits will be
iendleft a^ innumerable : men will commonly en-
gage in them, either from the hope of prevailing iwt
their claims, which the fmalleft chance is fufficieat to
mcourage ; or with the defign of intimidating thenr
adverfary by the terrors of a dubious Ittigatton*
When juftice is rendered to the parties, only half the
bufine& of a court of juftice is done : the more inv
portant part of its office remains— -to put an end, far
the &ture, to every fear, and quarrel, and expenie of^
on the £tme point ; and ib to regulate its proceec&ig%
ths^t not only a doubt once decraed may be ftirred no
more, but that the whde train of law-fuits, which 1£^
fue from one uncertainty, may die with the parent
^uefiion* Now this advantage can only be attained
by confidering each decifion as a dkedlion to fucceedU
^g judges. — And it &ouId be obferved, that every
departure from former determinations, efpecially i£
Xhcy have been often repeated, or long fubmitted to^
fliakes the ftability of all legal title. It b not fining a

foint anew ; h is leaving every thing unfixed. For,
y the &me ftretch of power, by which the fve&nc
face of jndges take upon them to confradift the jodg*
apent of their predecefibrs, thofe who try the qoel^
tion next, may fet afide theirs.

From an adherenceir^owevery to precedents, hy
which fio much is gained to the pnbUc, two tonft*
quencei arife which are often lamented; thehardfliip
cf particular determinations, and the mtricacy of tM
hw as a fdence. To the firft of theie complaints, we
muft apply this reflexion, '' that uniformity is of
lioore importance than equity, in proportion as a gen«
cral uncertainty would be a greater evil than parties
aliur injufticc/' The fecond is attended with 110

Qf the Admm^ritim cf. Ju/Hce. ^'g^

greater tnconvcnicncy than that of crcAing the prac-
tice of the law into a feparate profeffion : which this '
reafon, we allow, makes ncceffary ; for if we attrib-
ute fo much authority to precedents, it is expedient
<hat they be known in every caufe, both to the ad-",
vocates and to the judge : this knowledge cannot be
general, fince it is the fruit oftentimes of laborious
Tefearch, or demands a memory Aotcd with long-
foUeded erudition.

To a mind revdiving upon the fubjeft of Tiuman
jurifprudence, there frequently occurs this queftion -i
why, fince the maxims of natural juftice are few and
evident, do there arife fo many doubts and contro-
verfies in their application? Or, in other words, how
jcomes it to pals, that, although the principles of the
few of nature be fimple, and for the mbft part fuffi-
cicntly obvious, there (hould exift neverthclefs, in
every fyftem of municipal laws, and in the aftual ad-
ininiftration of relative juftice, ^lumerous uncertain-
tdes and acknowledged difficulty ? Whence, it may
l>e afked, fo much room for litigation, and fo many
fubfifting difputes, if the rules of human duty be
neither obfcure nor dubious ? If a fyftem of morality,
containing both the precepts of revelation, and the
<icdu€lions of reafon, may be comprifed within the
compafs of one moderate volume 4 and the moralift
be able, as he pretends, to defcribe the rights and ob-
ligations of mankind, in all the different relations
they may hold to one another, what need of thofe
codes of pofitive and particular inftitutions, of thofe
tomes of ftatutes and reports, which require the em-
ployment of a long life even to perufe ? And this
queftion is iitimediately connected with the argument
which has been difcuned in the preceding parag^raph^
for unleis there be found fome greater uncertamty in
the law of nature, or what may be called natural equi-
ty, when it comes to be applied to real cafes and to
adual adjudication, than what appears in the rules
and principles of the fcience, as delivered in the wri-
tings of thofe who treat of the fubjeA^ it were better

386 Of iU Admmftrdtion of Jti/Uce.

that the determination of every caufe (hould be left
to the confidence of the judge, unfettered by prece*
dents and authorities ; fince the very purpofe for
which thefe are introduced, ii to give a certainty to
judicial proceedings, which fuch proceedings would
want without them.

J>fow, to account for the exiftence of fo many four-
ces of litigation, notwithftanding the clearnefs and
perfeftion of natural juftice, it {hould be obferved, in
the firft place, that treatifes of morality always fup-
pof§ fa^s to be afcertained ; and not only fo,but the
intention likewife of the parties to be known and laid
bare. ' For e:jfampte, when we pronounce that prom-
ife^ ought to be lulfilled, in that fenfe in which the
promifer apprehended, at the time of making the
prornffe, the other party received and underftood it,
the apprehenfion or one fide, and the expectation of
the other, muft be difcovered before this rule can be
reduced to praftice, or applied to the determination
of any actual difpute, Wherefore the difcuffion of
facts, which the moralift fuppofes to be fettled ; the
difcovery of intentions, which he prcfumes to be
known, ftill remain to cxercife the inquiry of courts
of juftice. And as thefe facts and intentions are oft-
en to be inferred, or rather conjectured, from ob-
fcure indications, from fufpicious teftimony, or from
9 comparifon of oppofite and contending probabili-
ties, tney afford a never-failing fupply of doubt and
litigation. For which rcafon, as hath been obferved
lu a former part of this work, the fcience of morality
js to be confidered rather as a direction to the par-
ties, who are confcious of their own thoughts, and
motives, and defigns, to which confcioufnels the
teacher of morality conftantly appeals j than as a guide
to the judge, or to any tliird perfon, whofe arbitration
piuft proceed upon rules of evidence, and maxims of
credibility, with which the moralift has no concern.

Secondly, There exift a multitude of cafes, in
which the law of nature, that is, the law of public ex*
pediency, prefcribes nothing, except that fome cer*
^in rule be adhered to, and that the rule aftually et
abUfhed' be preferved j it either being indifferent

Of the Adndnlfiration of Ju/llce* ^87

^atirule obtains, or, out of many rules, no one be-
ing & much more advantageous than the reft, as to
recompenfe th^ inconveniency of an aheration. In
^\ fuoh cafes, the law of nature fends us to the law of
the land. She direds that cither feme fixed rule be
introduced by an ad of the iegiilature, or that the
role which accident, or cuftom, or common con*
fent hath already eftabliihcd, be fteadily maintained.
Thus, in the defcent of lands, or the inheritance of
yerfonals from inteftate proprietors, whether the kin-
dred of the grandmother^ or of the great»grandmoth-
er, Ihall be preferred in the fucccffion ; whether the
degrees of confanguinity fliall be computed through
the common ancefior, or from him ; whether the
widow fhall take a third or a moiety of her hufband*s
fortune ; whether fons fliall be preferred to daugh-
ters, or the elder to the younger ;• whether the dif.
tindion of age fliall be regarded amongft fifters, as
wdl as between brothers ; in thefe, and in a great vari*
ety of queftions which the fame fubjcAfupplies, the law
of nature determines nothing* The only anfwer flie
rctujns to our inquiries is, that fome certain and gen-
eral role be laid down by public authority ; be obey-
ed when laid down ; and that the quiet of the coun-
try be not difturbed, nor the expedation of heirs
fruftrated by capricious innovations. This filence or
neutrality of the law of nature, which we have ex-
emplified in the cafe of inteftacy, holds concerning a
great part of the qucftions that relate to the right or
ftcquiution of property. Recourfe then muft necefla*
rily be had to ftatutes, or precedents, or ufage, to fix
what the law of nature has left loofe. The interpre-
tation of the£e ftatutes, the fearch after precedents,
the inveftigation of cuftoms, compofe therefore an
unavc^dable, and at the fame time, a large and intri-
cate portion of forenfic bufinefs. Pofitive conftitu-
tions or judicial authorities are, in like manner, want-
ed, to give predfion to many things, which are in
their nature indstermnate. The age of legal difcre^
tion ; at what time of life a perfon fliall be deemed
competent to the performance of any ad, which may
lliljd his property"} whether at. twenty, or twenty^

^SS; . Of the Admmfiratim if J^Hci.

ooe^ or earlier, or later, or at feme point of time bfr-
tween tbefe years, can only be afcertained by a pofir
tive rule of the fociety to whia^t the party bdongs.
The line has not been drawn by nature ; the humaa
tinderftandin^ advancing to maturity by infonfiblc
degrees, and its progrefs varying in difPercttt ia<£vid-»
tials. Yet it is neceffary, for the fake of mtituai fecu*
rity, that a precife age be fixed, and that what is fix-
ed be known to all. It is on thcfe occafions tksjt the
intervention of law £iip[^es the inconftancy o€
nature.— Again, there are other things which arc
pcrfeftly arbitrary ^ and capable of no certainty but
what is given to them by pofitive regjuilation. It ift
£t that a limited time (hould be affigned to defend-^
ants, to plead to the complaints sdlegedagatnftthem;
and alfo that the default of pleading within a certain
time, fliould be taken for a confefiioa of the charge ^
but to how many days or months that term ihould
be extended, though neccffary to be known with cer-
tainty, cannot be known at all, by any informatioa
which the law of nature affords. And the (ame re-,
mark feems applicable to almoft all thofe rules of pro«.
ceeding, which conftitute what is called the pradico
af the court : as they cannot be traced out by reafba*
ing, they muft be fettled by authority*

Thirdly. In contrads, whether expre(s or impG^
ed, which involve a great number of conditions^ aa
in thofe which are entered into between matters and
fervants, principals and agents ; many alfo of mer«r
chandize, or for works of art ; in fome likewiie
which relate to the negociation of money or bills, or
to the acceptance of credit or fecurity ; the original
defign and expeAation of the parties was, that both
fides ihould be guided by the courfe and cuftom of
the country in tranfa^lions of the fame fort. Confe*
quently, when thefe contrads come to be difputed^
natural juftice can only refer to that cuftom. But as
fuch cuftoms are not always fufficiently uniform or
notorious, but often to be coUeded from the produc-*
tion and comparifon of inftances and accounts repug**
nant to one another ; and each cuftom being only.
that, a&er all, which amongft a v^riecy of \xhgpi

Cffhe Admmijtratim rf JuJHce. 389

6ems to predolninate^ we have here alfo ample room
for doubt and conteft.

: Fourthly. As the law of nature, founded in the
very conftruftion of human fociety, which is formed
to endure through a feries of peri{hing generations,
requires that the juft engagements a man enters into,
fliould continue in force beyond his own life ; it foU
lows ihisit the private rights of perfons frequently dc*
l^end upon what has been tranfaded, in times remote
from the prefent, by their anceftors of predeceffors,
by thofe under whom they claim, or to whofe obliga-*
lions they have fucceeded^ Thus the queftions
which ufually arife between lords of manors and^
their tenants, between the king and thofe who clainn
roval franchifes, or between them and the perfons af*
iecced by thefe franchifes, depend upon the terms of
the original grant* In like manner every difpute
concerning tythes, in which an exemption or compo*
fition is pleaded, depends upon the agreement which
took place between the predeceflbr of the claimant,
and the andent owner of the land. The appeal to
thele grants and agreements is dictated by natural
equity, as \mH 7& by the municipal law : but concern*
ing the exiftence^ or the conditions of fuch old cove*
Hants, doubts will perpetually occur, to which the law
of nature affords no folution. The lols or decay of
records, the perifliablenefe of living memory, the cor-
ruption and careleflhefs of tradition, all confpire to
multiply uncertainties upon this head ; what cannot
l>e produced or proved, muft be left to loofe and falli«
ble prefwijnption. Under the fame head may be in^*
duded another topic of altercation ; the tracing out
of boundaries, which time, or negleft, or unity of
po&flion, or mixture of occupation has confounded
or obliterated. To which fhould be added a difficult
ty which often prcfents itfelf in difputes concerning
rights of way^ both public and private, and of thofe
eaiements which one man claims in another man^s
property; namely, that of diftinguiihing, after a
iBkpfe of years, the uie of an indulgence from the, ex-'
ercife of aright.

39<5 Of the Admn\fif<i'tiAn ^ yttfiiti.

Fifthly- The quantity or cxWnt 6f an injury,
even when the caufe and author of it are known^ is
often dubious and undefined^ If the injury confift
jn the lofs of ibmc fpecific right, the value of the
right meafurcs the amount of the ihjury ; but what a
man may have fufFered in hisperfonyfroman aflault-;
in hi$ reputation, by ilaj)der ; or in the comfort of
his life> by the feduclion of a wife or daughter ; or
what fum of money, fli^ll be deemed a reparation for
damages fuch as thefe, cannot be afcertained by any
rules, which the law of nature fupplies. The law of
nature commands that reparation be made ; and adds
to her command, that, when the aggrefibr and the
fu£ferer difagree, the damage be aflefied by authorized
and indiflferent. arbitrators. Here, then, recourfc
muft be had to courts of law, npt pn|y with tht pcr^
iniAion, but, in fome meafure> by the direction of
natural juftice. . , ...-.•

Sixthly. When coptroverfics arife in the interprai
tation of written laws, they, for the.moft part, arife
upon fome contingency which the coiripofer of .the
law did not forefee or think of. \x\ the adjudication
of fuch caf^s, this dilemma, prefents itfelf : if the lawa
be permitted to operate only '. upon the cafea,-
which were aftually contemplated by, the law. makers*
they will always be found. defc<9ive : if they be ex-»
tended to every cafe^ to. which the reafoning, and
fpirit, and expediency of theprovifioh feem.to belong*
without any farther evidence of the intention of the
legiflature, we fliall allow to the judges a liberty of
applying the law, which will fall veny little fhort of
the power of making it. If a literal conftrudVion bo
adhered to, the law will often fail of its end : ifa
loofe and vague expofuion be admitted, the law
might as well have never been enafted ; for thia li*
cenfe will bring back into the fubject all the difcretion
and uncertainty which it was the defign of the legif-
lature to take away. Courts of juftice are, and al*
ways muft be> embarraffcd by thefe oppoiite dilHcul-
ties^: and as it can never be known beforehand, in
what degree either confideration may prevail ia the

t)f the Admniftrathn of Jujlice. ^^i

blind of the judge,thcre remains an unavoidable caufo
of doubt, and a place for contention.

Seventhly. The deliberations of courts of jufticc
upon every new queftion are encumbered with addi-*"
iional difficulties, in confequence of the authority
tvhich the judgment of the court pofleffes, asa prece-
dent to future judicatures s wliich authority apper-
tains not only to the conciuuons the court delivers^
but to the principles and arguments upon which they
are built. The view of this effeft makes it neceffary
iox a judge to look beyond the cafe before him ; and^
bcfide the attention he owes to the truth and jufticc
of the caufe between the parties, to refleci whether
the principles, and maxims, and reafoning, which he
adopts and authorizes, can be applied with fafety to
all cafes, which admit of a cotnparifon with the pref-
ent. The decifion of the caufe, were the effeds of
the decifion tp ftop there, might be eafy : but the
confequence of eftabliihing the principle, which fuch 2
decifion affumes, may be difficult, though of the ut-
inoft irbportance, to be forefeen and regulated.

Finally. After all the certainty and teft that can
be given to points of law, either by the interpofitiori
6f the legiflature, or the authority of precedents, one
principal fource of difputation, and into which in-
deed the greater part of legal con t rover fies may be
refolved, will remain ftlU, namely, '^ the competition
of oppofite analogies.^' XVhen a point of law has been
once adjudged, neither that queftion, nor any which
completely and in all its circumftanccs corf efponds
with ihai^ can be brought a fecoiid time into difpute :
but queftions arife, which refemble this only indi-
reftly and in part, in certain views and circumftancesj
arid which may feem'to bear an equal or a greater af-
finity to otlicr adjudged cafes 5 queftions, which can be
brought within any affixed rule only by analogy, and
which hold a relation by analogy to different rules*
It is by the tirging of the different analogies that the
contention of the Bar is carried on : and it is in the
, comparifon, adjuftment, and reconciliation of them
with one another ; in the difcerning of fuch direc-
Bb b

39^ Of the Adminiftration cf Juftice.

tions, and in the framing of fuch a determination, a^
may either fave the various rules alleged in the caufe,
or, if that be impoffible, may give up the weaker
analogy to the fironger,that the fagadty and wifdom
of the court are feen and exerciied. Amongft a
thoufand infiances of this, we may cite one of general
notoriety in the conteft that has lately been agitated
concerning literary property. The perfoiial induftry,
which an author expends, upon the compofition of
his work, bears fo near a refemblance to that, by
which every other kind of property is earned, or de-
fcrved, or acquired ; or rather there exifts fuch a cor-
reipondency betvrceit what is created by the ftudy of
a man's mind, and the produftion of his labour in
any other way of applying it, that he feems entitled
to the lame excTufive, aflignable^ and perpetual right
in both ^ and that right to the fame proteAion of
law. This Was theanSogy contended for orf one fide.
On the other hand, a book, as to the author^s right
in it, appears iimilar to an invention of art, as a ma-
chine, an engine, » medicine. And fince the law per*
mits thefe to be copied, or imitated, except where an
exdufive ufe or fale is referved to the inventor by
patent, the fame liberty fhould be allowed in the pub-
lication and fale of books.. This was the analogy
maintained by the advocates of an open trade.^ And
the conjpetition of thefe oppofite analogies conftitu-
ted the difficulty of the cafe, as far as the lame was
argued, or adjudged upon principles of common law.
-^One example may ferve to illuftrate our meaning \
but whoever takes up a volume of reports, will find
moft of the arguments it contains capable of the fame
analylis ; although the analogies, it muft be confefled,.
arc fometimes fo entangled as not to be ealily unrav-*
elled, or even perceived.-

Doubtful and obfcure points of law are not, liow^
ever, nearly fo numerous as they are apprehended to
be. Out of the multitude of caufes, which in the
courfe of each year are brought to trial in the me-
tropolis, or upon the circuits, there are few in which
any point is referved for the judgment of faperior
courts.r Yet thefe few contain all the doubts, with

Of the Adminiftratim rf Ju/Hc^. 393

which the law is chargeable : for, as to the reft, the
uncertainty, as hath been fhewn above, is not in the
law, but in the means of human information.

There are two peculiarities, in the judicial conftitu-
tion of this country, which do not carry with them
that evidence of their propriety, which recom-
mends almoft every other part of the fyftcm. The
firft of thefeis the rule, which requires that juries be
unanimous in their verdifts* To expeft that twelve
men, taken by lot out of a promifcuous m\\ltitude,
fhould agree in their opinion upon points confelTedly
dubious, and upon which oftentimes the wifeft judg-
ments might be held in fufpenfe ; or to jTuppofe that
any real unanimity^ or change of opinion in the dit
lenting jurors, could be procured by confining them
until jthey ;all confented to the iame verdift ^ befpeaks
more of the conceit of a barbarous age, than of the
policy which could dictate fuch an inftitution as that
of juries. Neverthelels, the effecbof this rule arc
not fo detjrimental, as the rule itfelf is unrcafonable :
in criminal profecutions if operates confiderably in
favour of the prifoner ; for if a juror find it nccefla-
ry to furrender to the obftinacy of others, he will
much more readily refign his opinion on the fide of
mercy, than of condemnation ; in civil fuits it adds
weight to the direAion of the judge ; for when a
conference witji one another does not feem likely to
produce, in the jury, the agreement that is neceflary,
they will naturally clofe their difputes by a common
fubmifHon to the opinion delivered from the bench.
However, there fecms to be lefs of the concurrence
of feparate judgments in the fame conclufion ; con-
fequently, lefs aflurance that the conclufion is found-
ed in reafons of apparent truth and jufticc, than if
the deciiion were left to a plurality, or to fome cer-
tain majority of voices* .

The fecond circumftance in our conftitution, which^
however it may fucceed in practice, does not feem to
have been fuggeiled by any intelligible fitncis in the

394 ^f ^^' Adminijiration cf ytifiicd*

nature of the thing, is the choice that is made of the
Houfe of Lords ^ as '<r court of appeal from every civil
court of judicature in the kingdom ; and the laft alfo
and higheft appeal, to which the fubject can refort*
There appears to be nothing in the conftitution of
tb^t afletnbly ; in the education, habits, charafter, or
profcffions of the members who compofe it ; in the
mode of their appointment, or the right by which
they fucceed to their places in it, that fliould qualify
them for this arduous office ; except, perhaps, that the
elevation of their rank and fortune affords a fecurity
againft the offer and influence of fmall bribes. Officers
of the army and navy, courtiers, ecclefiaftics ; young
men who have juft attained the age of twenty-one,
and who have paffed their youth in the diffipation
and purfuits wnich commonly accompany the pof-
feffion or inheritance of great fortunes ; country gen-
tlemen occupied in the management of their eftates, or
in the care of their domeflic concerns and family inter-
efts ; the greater part of the aflcmbly born to their Ita-
tion, that is, placed in it by chance ; moft of the rcfl ad^-
vanced to the peerage, fpr fervices, and from motives
utterly unconnected with legal erudition — thcfe men
compofe the tribuUfil, %q which the conftitution in-
trufts the interpretation of her laws, and the ulti-
mate decifion of every difpute betwen her fubjefts—
Thefe are the men alEgned to review judgments of
law, pronounced by iiigcs of the profelfion, who have
ipcnt their lives in the ftudy and practice of the ju*
rifprudence of their country. Such is the order
which our anceftors have eftablifhed. The cficft only
proves the truth of this maxim, ** that when ^ fingle
mftitution is extremely difTonant from other parts of
the fyftcm to which it belongs, it will always find
Ibme way of reconciling itfclf to the analogy which
governs and pervades the reft." By conftantly pla-
cing in the houfe of lords fome of the moft eminent
and experienced lawyers in the kingdom ; by calling to
their aid the advice«of the judges, when any abftraft
qucftion of law awaits their determination ; by the al-
liioft implicit and undifputed deference, which the
uninformed part of the houfe find it ncc(^ry to oay

Of Crimes and FunlJhmenU* 395

to th6 learning of their colleagues, the appeal to the
houfe of lords beconies in faA an appeal to the col«
leftcd wifdom of our fupreme courts of juftice : re*
ceivine indeed folemnity, but little perhaps of direc^
tion, from the prefence of the affembly in which it
is heard and determined.

Thefe, however, even if real, are minute imperfec*
tions. A politician, whoihould fit dov^^n to deline-
ate a plan for the difpenfation of public juftice, guard-
ed againft all accefs to influence and corruption, and
bringing together the feparate advantages of knowl-
edge, and impartiality, would find, when he had
done, that he had been tranfcribing the judicial con*
ftitution of England. And it may teach the moil:
difcontented amongft us to acquiefce in the govern--
fiient of his country ; to reflect, that the pure, and
wife^i and equal adminiftration of the laws, forms the
firft end and bleifing of focial union : and that this
blefling is enjoyed by him in a perfection, which he
yiU feck in vain, in any other nation of the world«

CJaptet IX.

OF CRIMES AND PUNISHMENTS-

1 HE proper end of human puniihment is, not
the fatisfacHon of juftice, but the prevention of crimes.
By the fatisfadtion of juftice, I mean the retribution
of fo much pain for fo much guilt ; which is the dif«
penfation we expecl at the hand of God, and which
we are accuftomed to confider as the order of things
that perfeft juftice dictates and requires. In what
fenfe, or whether with truth in any fenfe, juftico
may be faid to demand the puniihment of offenders,
I do not now inquire ; but I affert that this demand
is not the motive or occafion of human puniihment.
What would it be to the magiftrate that offences
went altogether unpuniihed, if the impunity of the
offenders were followed by no danger or prejudice to
(he commonwealth ? The fear left the efcape qf tho

39<^ Of Crimes and Punijbmeniu

criminal fliould encourage him, or others by hig ejfm
ample, to repeat the fame crime, or to commit di&r<»
ent crimes^ is the fole confideratioB which authorizes
the inflidion of punifhment by human laws. Now
that, whatever it be, which is the caufe and end of
the punifhment, ought undoubtedly to regulate the
meafure of its feverlty. But th|s (:aufe appears to be
founded, not in the guilt of the offender, but in the
neceffity of preventing the repetition of the oSeiice.
And from hence refults the reafon, that crimics are
not by any government punifhed in proportion to
their guilt, nor in all caf^s ought to be fo, but in pro«
portion to the difficulty ^nd uie neceifity of prevent-
ing them* Thus the ftealing of goods privately out
of a (hop, may not, in its moral quality, be more
criminal than the ftealing of them out of a houie i
yet, being equally peceflary, and niore difficult to be
prevented, the law, in certain circumftances, de«
nbunces againft it a feverer punifhment. The crime
muft be prevented by fome.mean^ or, other ; and con«
fequently, whatever means appear neceflary to this
end, whether they be proportionable to the guilt of
the criminal or not, are adopted riffhtly, becaufe they
are adopted upon the principle wnich alone juftifies
the inflidion of punimment at all. From the fant6
confideration it alfo follows, that punifiiment ought
not to be employed, much Icfs rendered fevere, when
the crime can be prevented by any other means.
Funiihment is an evil to which the magiftrate reforts .
only from its being neceffary to the prevention of a'
greater. This neceffity does not pzift, when the
end may be a^ained, that is, when the public may
be defended from the eSed3 of th^ cx'ime, by any
other expedient. The fapguinary laws which have
been made againft counterfeiting or diminilhing the
gold coin of the Idngdom might be juft, until the
method of dete<^ing the fraud by weighing the om>«
ney, was introduced into general ufage. Since that
precaution was pradifed, thefe laws have flept ; aod
an execution under them at this day would be deem*
ed a meafure of unjuftifiable feverity. The Umc
principle accounts for a circumftauce, which has beta

Cf Crimes and Punijhments. 397

toftcn ccnfured as an abfurdity in the penal laws of
this, and of moft modern nations, namely, that
breaches of truft are either not puniflied at all, or pun-
ifhed with Ids rigour than other frauds. — ^Wherefore
is it j fomc have afked, that a violation of confidence,
which increafes the guilt, ihould mitigate the penalty ?
This lenity, or rathet forbearance' of the laws, is
founded in the moft reafonabk diftinciion^ A due
circumfpedion in the choice of the perfons whom
they truft ; caution in limiting thcf extent of that
tnift ; or the requiring of fufficient fecurity for the
laithful difcharge of it, will commonly guard men
from injuries of this defcription : and the law will
not interpofe its fandions, to proteft negligence and
credulity, or to fupply the place of domestic care and
prudence. To be convinced that the law proceeds
entirely upon this confideration, we have only to ob-
fenre, that, where the confidence is unavoidable,
where no prafticable vigilance could watch the offen-
der, as in the cafe of theft committed by a fervant in
the fliop or dwelling-houfe of his matter, or upon
|)roperty to wVich he muft neccffarily have accefs,
the fcntence of the law is not/left fevere, and its ex-
ecution commonly more c^rjjfin and rigorous, than
if no truft at all had inten^eYied.

It is in purfuance of the fame principle, which per-
vades indeed the whole fyftem of penal jurifprudence,
that thd facility^ with which any fpecies of primes is
i. I^erpetrated, has been generally deemed a reafon for
aggravating the punilnment. Thus, flieep-ftealing,
horfe ftealing, the ftealing of cloth from tenters, or
bleaching grounds, by our laws, fubjecl: the offenders
to fentence of death :' not that thcfe crimes are in
their nature more heinous, than many fimple felon-
ies which are puniftied by imprifonment or tranfpor-
tation, but becaufe the property being more expofed,
requires the terror of capital puniihment to proteft
it. This feverity would be abfurd and unjuft, if the
guilt of the offender were the immediate caufe and
meafure pf the punifliment ; but is a confiftent and
regular confequence of the fuppofition, that the right
of puniihment refults from the neceffity of preventing^

398 Of Crimes nnd Punt/bmerttfi

the criroe i for if this be the end propofed^ the ievov
ity of the punifhment muft be increafed in propor^^
tion to the expediency and the difficulty of attaining
this end ; that is, in a proportion compounded of
the mifchief of the crime, and of the eafe with which
it is executed. The difficulty of difcovery is a cir-
cumftance to be included in the fame confideration.
It conftitutes indeed, with refpeft to the crime, the
facility of which we fpeak. By hoT^ much^ there-
fore, the detection of an offisnder is more rare and
uncertain, by fo much the more fevete muft be the
punilhment when he is detefted- Thus the writing
of incendiary letters, though in itfelf a pernicious and
alarming injury, calls for a more condign and exem-
plary punifhment, by the very obfcurity with which
the crime is committed-

From the juftice of God we are taught to look £oi
a gradation of puniftiment, exaftly proportioned tm
the guik of the offender ; when, therefore, i^i affign-
Ing the degrees of human punifhment, we introduce
confiderations diftinft from that guilty and a propoF-
tion fo varied by external eircumftances, that equal
crimes frequently undergo tmequal punifliments^ o*-
the lefs crime the greater ; it is natural to demand the
reafon why a different meafure of punifhment fhould
be expefted from God, and obferved by man j why
that rule, which befits the abfolute and perfeft juf-
tice of the Deity, fhould not be the rule which ought
to be purfued and imitated by human laws ? The fo-
lution of this difficulty muft be fought for in thofc
peculiar attributes of the divine nature, which dif-
tinguifli the difpenfations of fupreme wifdom from
the proceedings of human judicature. A Beings
whofe knowledge penetrates every concealment }
from the operation of whofe will no art or flight can
cfcape ; and in whofe hands punifhment is furd ;— *
fuch a Beihg may conduft the moral government of
his creation, in the beft and wifcft manner, by pro-
nouncing a law, that every crime fhall finally receive
a punifhment proportioned to the guilt which it cofi*
tains, abftrafted from any foreign confidcration what-
ever : and may teftify his veracity to the fpediators

9f Crimes and Pttmjhmenh. 399

of his judgments, by carrying this law into ftrift ex-
ecution. But when the care of the public fafety is
intruded to men, whofe authority over their fellow
creatures is limited by defefts of power and knowU
edge ; from whofe utmoft vigilance and fagacity the
greateft offenders often lie hid ; whofe wifeft precau-
tions and fpeedieft purfuit may be eluded by artifice
or concealment ;— a different neceflity, a new rule
of proceeding refults from the very imperfection of
their faculties. In their hands, the uncertainty oiF
jpuniihment muft be compenfated by the feverity.
rhe cafe with which crimes are conmiitted or con-
cealed, muft be countera<Eled by additional penalties
and increafed terrors. The very end for which hu*
man government is eftabliChed, requires that its reg-
ulations be adapted to the fupprei&on of crimes.
This end, whatever it may do in the plans of infinite
wifdom, does not, in the defignation of temporal
penalties, always coincide with the proportionate
punifhment of guilt.

There are two methods of adminiftering penal
juftice.

The firft method afligns capital punilhments to few
offences, and inflicts it invariably.

The fecond method afilgns capital puniihments to
many kinds of offences, but inflids it only upon a^
few examples of each kind. '

The latter of which two methods has been long
adopted in this country, where, of thofe who receive
fentence of death, fcarcely one in ten is executed.
And the preference of this to the former method
feems to be founded in the confideration, that the
feleftion of proper objeds for capital punifhment
principally depends upon circumftances, which, how-
ever eafy to perceive in each particular cafe after the
crime is committed, it is impoffible to enumerate or
define beforehand ; or to afcertain, however, with
that exadnefs, which is requifite in legal defcriptions.
Hence, although it be neceflary to fix, by precife rules
of law, the boundary on one fide, that is, the limit
to which the punifhment may be extend^ d, and alfo
. Ccc

409 Qf Crimes and Pmifbmrttu

that nothing lefs than the authority of the whole t^^
giflature be fuffered to determine that boundary an^
affign thefe rules j yet the mitigation of puniihment^
the exercife of lenity, may, without danger, be ia-
trofted to the executive magiftrate, whofe difcretios
will operate upbn thciffe nifnict^ous, unforefeen, mu«
table and indefinite circumftances, both of the crimc^
and the criminal, which conftitutfe or qualify the ma-
fignity of each offence. Without the power of re-
laxation lodged in a living authority, either fome of-
fenders would efcape capital jmnilhment, whom tht
public fafety required to fuffer ; or fome would im-
dergo this punifliment, where it Mras neither dcfcrv.
Tcd nor neceffary. For if judgment of death were
refer vcd for one or two fpecies of crimes only, which
ttrould probably be the cafe, if that judgment was in-
tended to be executed without exception, crimes
might occur of the moft dangerous example, and ac-
companied with circumftanccs of heinous aggrava-
tion, which did not fall within any defdription of of-
fences that the bws had made capital, and which; con-
iequently, couH not receive the punifiiment their owii
malignity and the public fafety required What is
worie, it would be known, beforehand, that fuch
crimes might be connnitted without danger to' the
offender's life. On the other hand, if, to reach thefe
poffible cafes, the whole clafs of <rf!ences to which
they belong be fubjeded to ptrins of de«h, atid no
power of remitting this feverity remain any wherey
the execution of the laws unll become more languin-
ary than the public compaflion would etidure^or than
is neceffary to the general fecurity.

The law of England is conftruded upon a di&r-
ent and a better policy. By the number of ftatutes
creating capital offences, it fwceps into the net every
crime^ which under any poffible circumftai>ces may
merit the puniflimeut of death : but, when the exc-
curion of this fcntcnce comes to be delrberated upon,
a fmall proportion of each clafs are lingled out, the
general character, or the peculiar aggravations of
\^hofe crimes, render them fit examples of public juf-
tiee. By tliis expedient, few aftually fuffer death.

Of Crimes and Funijhmfntu 49 1

whilft the dread and danger of it hang oter the crimen
/pf many. The tendernels of the law cannot be talc*
«n advantage of. The life of the fubiea is fpared,
as far as the neceflity of reftraint and intimidation
permits ; yet no one will adventure upon the .com*
miflion of any enormous crime, from a knowledge
that the laws have not provided for its punifhment.
The wifdom and humanity of this delign furnifli 1
juil excufe for the multiplicity of capital offences,
which the laws of England are accufed of creating
beyond thofe of other countries. The charge of cru*
dty is ^nfwered by obfcrving, that thcfc laws were
never meant to ]be carried into indtfcriminate ezeca«
tion ; that the legislature, when it eftablilhes its laft
and higheft fandions, trufts to the benignity of the
crown to relax their feverity, as often as circumftan-
fces appear to palliate the offence, or even as often as
thofe ciri^umRances of aggravation are wanting,
which rendered this rigorous interpofition necefiary^
ILJpon this plan it is enough to vindicate the lenity
of the laws, ih^t /ome inftances are to be found in each
clafs of capital crimes, which require the reftraint of
capital punifhment ; and that this reftraint could not
be applied without fybjeclin^ the whole d^& to the
(ame condemnation.

There is, howeyer, one fpccies of crimes, the mak-
ing bf which capital can hardly, I think, be defended,
even upon the comprehenlive prindplejuft now fta«
ted ; I mean that of privately ftealing n^om the per-
fon. As every degree of force i^ excluded by the
defcription of th? crime, it will be difficult to affign
an example, where either the amount or circumftan-
ces of the theft, place it upon a level with thofe dan-
geSFOus attempts, to which the puniihment of death
mould be confined. Jt will be ftill more difficult to
ihew, that, without grofs and culpable negligence
on the part of the fufferer, fuch examples can ever
become fo frequent, as to make it neceifary, to con*
fiitute a clafs of capital offences^ of very wide and
large extent.

The prerogative of pardon is properly rcferved to
^€; chief ina^ilr^t?, The power of ftifpending the

402 Of Crimes and Punijhmentf.

laws is a privilege of too high a nature to be com-
mitted to many hands, or to thole of any inferior
officer in the ftate. The king alfo can beft collcft
the advice by which his refolutions fliould be govern-
ed ; and is at the fame time removed at the greateft
diftance from the influence of private motives. But
let this power be depofited where it will, the cxcrcifc
of it ought to be regarded, not as a favour to be
yielded to folicitation, granted to friendfliip, or, leaft
of all, to be madq fubfervient to the conciliating or
Ratifying of politigal attachments, but as a judicial
aft ; as a deliberation, to be conduced with the fame
charafter of impartiality, with the fame ^xaft and
diligent attention to the proper merits apd circum-r
ftances of the cafe, as that which the judge upon the
bench was expefted to maintain and mow in the trial
of the prifoner*s guilt. The queftions, whether th?
prifoner be guilty, and whether, being guilty, he
ought to be executed, are equally queftions of public
Juftice, The adjudication ot the latter queftion is as
much a funftion of marfftracy as thp trial of the for-
mer. The public welfare is mterefted in botht The
conviftion of an offender fliould depend upon noth»
ing but the proof of his guilt, nor the execution of
the fentence upon any thing befide the quality and
circumftances of hi? crime. It is neceffary to the
good order of fociety, find to the reputation and au-
thority of government, that this be known and be-
lieved to be the cafe, in each part of the proceeding,
Which refleftions flio\v, that the admiffion of cxtrin-
fic or oblique confiderations, in difpenfing the power
of pardon 5 is a cnnie in the authors and advifers of
fuch unmerited partiality, of the fame nature with
that of corruption in a judge.

Aggravations, which ougnt to guide the magiftrate
in the feleftion of objefts of condign punilhment, are
principally thefe three — repetition, cruelty, conrtbina-
tion. — Tht two firft, it is manlfeft, add to every rea-
fon upon which the juftice or the neceffity of rigor*
ous meafures can be founded ; and, with refpeft to
the laft circumftance, it may be obferved, that whcij
thieves ancjl Tobber;i jur? once coUefted into gangs^

9f, Crimes nnd Punijhments. 403

their violence becomes more formidable, the confed*
erates more defperatc, and the difficulty of defend-
ing the public againft their depredations much great-
er, than in the cafe of folitary adventurers. Which
ieveral coniiderations compofe a diftin^on, that is
properly adverted to, in deciding upon the fete of
convifted malefeftors.

In crimes, however, which are perpetrated by a
multitude, or by a gang, it is proper to feparate, in
the punilhment, the ringleader from his followers,
the principal from bis accomplices, and even the per-
fon who ftruck the blow, broke the lock, or firft en-
tered the houfe, from thofc who joined him in the
felony ; not fo much on account of any di(Un<5tion
in the guilt of the offenders, as for the fake of catting
an obftade in the way of fuch confederacies, by ren-
dering it difficult for the confederates to fettle who
ihall begin the attack, or to find a man amongft their
number willing to expofc himfelf to greater danger
than his aiTociates. This is another inuance in which
the punilhment, which expediency diredb, does not
purfue the exaft proportion of the crime.

Injuries e&fted by terror and violence, are thofe
which it is the firft and chief concern of legal gov-
ernmcnt to reprefs ; becaufe, their extent is unlimit-
ed J becaufe, no private precaution can protect the
fubjecl againft them ; becaufe, they endanger life and
jCafety, as well as property ; and laftly, becaufe thev
render the condition of fociety wretched, by a fente
of perfonal infecurity. Thefe reafons do not apply
to frauds, which circumfpedion may prevent j which
muft wait for opportunity ; which can proceed only
to certain limits j and by the apprehenfion of which,
although the bufinefs of life be incommoded, life it«
felf is not made miferable. The appearance of this
diftin6lion has led fome humane writers to exprefs a
wifh, that capital punifhments might be confined to
crimes of violence.

In eftimating the comparative malignancy of crimes
of violence, regard is to be had, not only to the pro-
per and intended mifchief of the crime, but to the
fright occafioned by the attack, to the general alarm

404 Q/* CrifMs and PumftmefOM.

excited by it in others, and to the confequences which
imay attend future attempt^ of the ianoe kind. Thus
}ti aiE&ing the punilhment of burglary, or of breaks
ing into dwelling-houfes by night, we are to confider
not only the peril to which the moft valuable proper^
ty is expofed by this crime, and which may be calle4
jhe direft mifchief of it, but the danger alfo of mur*
der in cafe of refiftance, or for the fake of preventing
fiifcovery, and the univerfal dread with which the
^lent and dcf%icele6 hours of reft and fteep muft be
difturbed, were attempts of this fort to become frct
quent ; and which dread adone, even without the
mifchief which is the objed of it, is not only a pub-
lic evil, but altnoft of all evils the mod infupportable.
Thefe drcumfiances place a difference between the
breaking into a dwelling-houfe by day, and by night j
which difierenfce obtains in the punifliment of the o£-
' fence by the law of Mofes, and is probably to be found
in the jifdicial codes of o^oil countries^ rrom the ear-
Eeft ages to the prefentt

Of frauds, or of injuries which are e&ded with*-
out force, the moft noxious kinds are forgeries,
counterfeiting or diminifhing of the co^n, and the
Healing of letters in the courfe of their convejTince ;
inafmuch as thefe practices tend to deprive the pub-
Uc of accommodations, which not only improve the
conveniencies of fodal life, but are dfential to the
profperity, and even the exillence of commerce*
Of thefe crimes it may be faid, that although they
fecm to afieft fwopcrty alone, the mifchief of their
operation does not terminate there. For let it be
fuppofed that the reraiffnefs or lenity of the laws
fliould, in any country, fuffer offences of this fort to
grow into fuch a frequency, as to reader the ufe of
money, the circulation of bills, or the public convey-
ance of letters no longer fafe or praoicable ; what
would follow, but that every fpecies of trade and of
activity muft decline under thefe difcouragements ;
the fourccs of fubftftence fail, by which the inhabit-
ants of the country are fupported ; the country it-
felf, where the intercourfe of civil life was fo endan-
gered and defe&ive, be de&rted ; and that, befide

Of Crimes and PmlJIimmU. 4^^

tlie diftrds and poverty, i^hich the lofs of employ*''
^cnt would produce to the induftrious and valua-
ble part of the ^sifting community, a rapid depopu-
lation nitfft take place, each generation becoming
lefs numerous than the laft, till folitude and barren-
nefe overfpread the land j until a defolaiion fimilar
to what obtains in many countries of Afia, which
Were oncd the moft civilized and frequented part*
6f the worlds fucceed in the place of crowded cities,
of cultivated fields^ of happy and well-peopled re^
gions ? When we carry forwards, therefore, ouf
views to the more diftant, but not lei& certain con-
fcquences of thefe cf imes, we pef cei^e that, tliouglt
Ho living creature be deftroyed by thtm; yet human
Ijfc is dimtniihed ; that an oflence, the particular
Coftfcquence of which deprives only ah individual of
a fmaU portion of his property, and which* even ill
its general tendency feefms to do nothing more thaw
cbftruift the enjoyment of certain public cottveni-
encies, may heverthdefs/by its ultimate effects, con^
dude in the laying vfaftc of human exiftence. This
Obfervation ivill enable thofe whtt regard the divine
rule of ** Kfc for life, afid blood for blood,*' ais the
only authorized and jtiilifiablc meafufe of capital
]^nt8iment^ to perceive, wkh refped to the' efieftr
and quality of the adibhs^ a greater refemblafice than
they fuppofe to exift, between certain atrociousf
frauds, and thofe crimes which attack perfonal fefety.
In the cafe of forgeries there appears a* fubffaniial
ditfefence between tne forging of bills of exchange;
Or df fecurities which are circulated, and of which
the circulation and currency are found to ferve and
facilitate valuable purpofes of .commerce, and the
forging of bonds, leafes, mortgagee, or of inftru^
ftients which are. not commoYily transferred frctwi
one hand to another j becaufe^ in the former adH
credit is neceffiiri!y given to the ifignature, and, with-
out that credit j the negociation 6f fuch property could
not bcf carried on, nfof the public utility fought froirr
Jt be attained j in the other cafe, all poffibilrty of
deceit might be precluded, by a dired commuhica-'
tion between the^arties^or by due care in the choice

4o6 Of Crimes and PuniJhmentSm

of their agents, with little interruption to bufinefi,
and without deftroying, or much encumbering, the
ufes for which thefe inftruments are calculated. This
diftindion, I apprehend to be not only real, but pre-
cife enough to aflFord a line of divifion between for-
geries, which, as the law now (lands, are almoft uni-
verfally capital, and punilhed with undiftinguifliing
feverity.

Perjury is another crime of the fame dafi and
magnitude. And, when we confider what reliance
is neceflarily placed upon oaths } that all judicial de-
cifions proceed upon tcftimony ; that confequently
there is not a right, that a man pofTefles, of which
falfe witneffes may not deprive him ; that reputa-
tion, property, and life itfelf lie open to the attempts
of perjury ; that it may often be committed with-
out a poffibility of contradiftion or difcovery ; that
the fuccefs and prevalency of this vice tend to in-
troduce the moft grievous and fatal injufttce into the
admin^ftration of hun^an affairs, or fuch a diftruft of
tcftimony as muft create univerfal embarraffment
and confufion : when we refiLec): upon thefe mit
chiefs, we fliall be brought, probably, to agree with
the opinion of thofe, who contend that perjury, ia
its punifhment, efpccially that which is attempted in
folemn evidence, and in the face of a court of juf-
tice, ihould be placed upon a level with the mofl
flagitious frauds.

The obtaining of money, by fecret threats, wheth-
er we regard the difficulty with which the crime is
traced out, the odious imputations to which it may
lead, or the profligate confpiracies that are fometimes
formed to carry it into execution, deferves to be
reckoned amongft the worft fpecies of robbery.

The frequency of capital executions in this coun-
try, owes its neceffity to three caufes^— much liberty,
great cities, and the want of a putii{hment,{hort of
death, poffefling a fuffidcnt degree of terror. And
if the taking away of the life ot malefaftors be more
rare in other countries than in ours, the reafon will
be found in fome difference in thefe articles. The
liberties of a free people, and ftill more the jealoufy

t^ Crimes md Pum/hmntt^ lay

*nth which th^e liberties arc watched, and by whicll
they are prefervcdj permit not thofe precautions and
reftraints, that inlpcaion, fcrutiny^ and control^
which are cxercifed with fuccefs in arbitrary gov*
crnnients. For exarhplc, neither the fpirit of the
laws, nor of the people^ will fuffer the detention or
confinement of fufpecled perfons^ without proofs o£
their guilty which it is often impoffible to obtain |
nor will they allow that mailers of families be oblig*
ed to record and render up a dcfcription of the ftran«
gers or inmates whom they entertain | nor that aa
:iccount be demanded, at the pleafure of the magifl
trate, of each man*s time, employment and means of
fubfiftence i nor fecurities to be required when thefe
accounts appear unfatisfactory or dubious ; nor meu
to be apprehended upon the mere fuggeftion of idle«
nefs or vagrancy ; nor to be confined to certain di£»
tricls ; nor the inhabitants of each difirid to be
xnade refponfible for one another's behaviour ; nor
paffports to be exadlcd from all perfons entering ot
leaving the kingdom : leaft of all will they tolerate
the appearance of an armed force, or of military
law ; or fufier the dreets and public roads to be
guarded and patrolled by foldiers ; or, hftly, intruft
the police with fuch difcretionary powers, as may
make fura of the guilty, however they involve the
innocent. Thefe expedients, although arbitrary and
rigorous, are many of them effei^ual j and in pro*
portion as they render the commiiTion or conceal*
ment of crimes more difficult, they fubtraft from the
xieceffity of fevere punifliment. Gnat cities multiply
crimes by prefenting eaiier opportunities and more
incentives to libertinifm, which in low life is com«
roonly the introductory (lage to other enormities ^
by collecling thieves and robbers into the fame neighs
bourhood, which enables them to form axnmunica-
tions and confederacies, that increafe their art and
courage, as well as firength and wickednefs; but
principally by the refuge they afford to villany, ia
the means of concealment, and of fublifting in fecrc-
cy^ which crowded towns fupply to naea ot every de*
Pdd

4d$ Cf Crhtt^s and Ptoti^nanif^

feriptiofl. Theft temptationn and facilities caft cft^
be countcrafted by adding to the number of capital
p^niihixients. But a third caufe, which increafes the
frequency of capital executions in England, is a de-
fect of the laws in not being provided with any oth-
er puniflin>ent than that of death, fafficiently terrible
to keep offenders in awe-^ Tranfportation, which is
the fentence fecond in the order of feverity, appears
to me to anfwer the purpofe of example very impcr-
fcftly ; not only becaufc exile is in reality a flight
punifhment to thofe, who have neither property^ nor
friendSy nor reputation, nor regular means of fub*
2fience at home ; and becaufe their fituation becomes
Bttle worfc by their crime, than it was before they
committed it : but becaufe the punifliment, what*
ever it be, is unobferved and unknown^ A tranf-
ported convid may fuffer under his fentence, but his
fofferings arc removed from the view of his coun-
trymen : his mifery is unfeen ; his condition flrike^
fio terror into the minds of thofe, for whofe-warn*
ing and admonition it was intended. This chafm in
the fcale of punifhment produces aHb two farther
imperfc6lions in the adminiftration of penal juftice :
the fir& is, that the fame punifhment is extended to
Crimes of very different charafter and malignancy ;
the fecond, that punifliments feparated by a great in-
terval, are afligned to crimes hardly diftinguilhable
in their guilt and mifchief.

The end of punifhment is two-fold, amendment and
iMmple. In the firfl of thefe, the reforviation of crim-
inals, little has ever been efleded, and little I fear is
^raAicable. From every fpecies of punifhment that
ms hitherto been devifed, from imprifonment and
6xfle,from pain and infamy, malefaftors return more
hardened in their crimes and more inflrucled. If
there be any thing that fhakes the foul of a confirm-
ed villain, it is the expeftation of approaching death.
The horrors of this fituation may caufe fuch a wrench
fa the mental organs, as to give them a holding turn :
and I think it probable, that many of thofe w»ho are
executed, would, if they were delivc;red at the point
of death, retain fuch a remembrance of their fenfa*

fjf Qrims and Pun0nn9ifk» Jip^

iSons, as might preferve thetn, unlels urged by ex«
trerpe want, from relapfing into their former crimes*
But^this is an experiment that from its nature can*
not be repeated often.

Of the reforming punifhments which have not ye*
been tried, none promifes fo much fuccels as that of
foUiary imprifonment, or the confinement of crimi*
nals in feparate apartments. This iniprovement
augments the terror of the punilhment ; fccludes
the criminal from the focicty of his fellow prifoners,
in which fociety the worfc are fare to corrupt the
better ; weans him from the knowledge of his comn
panions, and from the love of that turbulent, preca-
rious life, in which his vices had engaged him ; is
calculated to raife up in him refledions on the folly
of his choice, and to difpofe his mind to fuch bitter
and continued penitence, as may produce 2t lafting al*
teration in the principles of his conduft.

As averfion to labour is the caufe, from which half
©f the vices of low life deduce their origin and con-,
tinuance, punilhments ought to be contrived with a,
view to the conquering of this difpolition. Two op-
polite expedients have been recommended for this
purpofe ; the one folitary confinement, with hard la*
bour ; the other folitary confinement, with nothing
to do. Both expedients feek the fame end — ^to re*,
concilc the idle to a life of induftry. The former
hopes to eflFeft this by making labour habitual ; the
latter by making idienefs inlupportable : and the
preference of one method to the other depends upon
the queftion, whether a man is more likely to betake
himfelf, of his own accord, to work, who has been
accuttomed to employment^ or who has been diftreff-
cd by the want of it ? When jails are once provided
for ihc feparate confinement of prifoners, which both.
propofals require, the choice between them may foon
be determined by experience. If labour be exafted,
I would leav^ the whole, or a portion of the earnings.
to the prifoner's ufe, and 1 would debar him from
any other provifion or fupply ; that his fubfiflence,
however coarfe or penurious, may be proportioned to
liis diligoucCjt and that he may tafte the advanta^^e of

41^ Of Crimes and Punijhmentr.

induftry together with the toil, I would go farther j
I would meafure the confinement, not by the dura-
tlon of time, but by quantity of work, in order both
to excite induftry, and to render it more voluntary.
But the principal difficulty remains ftill ; namely,
how to difpofe of criminals after their enlargement.
By a rule of life, which is perhaps too inv.iriably and
indifcriminately adhered to, no one will receive a man
or a woman out of jail, into any fervice or employ-
ment whatever. This is the common misfortune of
public punifliments, that they preclude the offender
from all honeft means of future fupport.*^ It feems
incumbent upon the ftate to fecqre a maintenance to
thofe who are willing to work for it ; and yet it is
Itbfolutely neceflary to divide criminals as far afunder
from one another as poflible, Whether male prifon-
crs might not, after the term of iheir confinennent
was expired, be diftributcd in the country, detained
within certain limits, and employed upon the public
^roads \ and females be remitted to the overfeers of
country pariflies, to be there furniflied with dwell-
ings, and with the materials and implements of occu-
pation ;— ^whether by thefe, or by what other meth-
ods, it may be poilible to effe<fl the two purpofes of
imploymcnt and difperjion^ well merits the attention of
all v;ho are anxious to perfect the internal regulation
of their country.

Torture is applied, cither to obtain confeffions of
guilt, or to e^cafperate or prolong the pains of death.
No bodily punifhment, however excruciating or long
continued, receives the name of torture, unlefs it be
defigned to kill the criminal by a more lingering
death, or to extort from him the difcovery of fome
fecret, which is fuppofed to lie concealed in his breaft.
The qncjiion by torture appears to be equivocal in its
eflecls ; tor; fince extremity of pain, and. not any con-
fcioufnefs of remorfe in the mind, produces thofe ef-
fects, an innocent man may fink under the torment,
as well as he who is guilty. 1 be latter has as much

• Until this Inconvenience be remedied, fmall offences hid, perhaps, better
g^ unpuniihed ; I do not mean that the lawB fliould ei^enipt them from puni(l|«
«lea^ but ihat private perfons ihouid be tendta* m profecutm^ thcou

Of Crimes anfi Funi/Imenh^ j^i%

to fear from yielding as the former. The inftant an(i
almnft irrefilUble defire of relief may draw from one
lufferer falfe accufations of himfelf or others, as it
may fometimes extraft the trpth out pf another*
This ambiguity renders the ufe of torture, as a means
of procuring Inforniation in criminal proceedings, li*
able to the fiik. of grievous and irreparable injuftice.
For which reajfon, though recommended by ancient
and general example, it has been properly explodecj
froni the mild and cautious fjrltern of pcqal jurifpru*
cJcnce eftabliihed in this country.

Barbarous fpeftacles of human agony are juftly
found fault with, as tending to harden and deprave
the public feelings, and tp deftroy that fympathy
with which the fufferings of our fellow creatures
ought al>^ays to be feen ; or, if no effeft of this kind
follow from them, they counteract; in fome meafure
their own defign, by finking men's abhorrence of the
crime in their commiferation of the criminah But if
a mode pf execution coulc} be devjfed, which would
aygment the horror of the pqnifhment, without of.
fending or i-mpairing the public fenfibility by cruel or
unfeemly exhibtions of death, it might add fomething
to the efficacy of the example ; and by being referved
for a few atrocious crimes, might alfo enlarge the fcale
of punifliment ; an addition to which feems wanting ;
for, as the matter remains at prefent, you hang a mal-
efaftor for a fimple robbery, and can do no more to
the villain who has polfoned his father. Somewhat
of the fort we have been defcribing was the propofal
not long fince fuggefted, of cafting murderers into a
den of wild bealts, where they would perifh in a
manner dreadful to the imagination, yet concealed
from the vieWt

Infamous punifliments are mifmanaged in this coun-
try, with rcfped both to the crimes and the crimi-
nals.' In the lirtt place, they ought to be confined to
offences, which are held in undifputed and univerfal
(Jcteftation. To condemn to the pillory the author
or editor of a libel again (I the ft ate, who has render-
ed himfelf the favourite of a party, if not of the peo-
pde, by the very ad for which he ftands there^ is t«

^12 Of Crimes and fwfujbmpuu

gratify the offender, and to expofc the laws to mocis*
cry and infult. In the fecond place, the delinquents
who receive this fentence are, for the moft part, fuck
as have long ceafed either to value reputation, or to
fear (hamc ; of whofe happinefs, and of whofe enjoy*
ments, charader makes no part. Thus the low min-
ifters of libertinifm, the keepers of bawdy or difordcrly
houfes, are threatened in vain withapunifhment that
affects a fenfe which they have not; that applies folely
to the imagination, to th^ virtue and the pride of hu-
man nature. The pillory, or any other infamous dif^
tinftion, might be employed rightly, and with effect,
in the punifhment of fome offences of higher life, as
of frauds and peculation in office; of colluljons an4
qonnivances, by which the public treafury is defraud*
cd; of breaches of truft; of perjury, and fuborna- ^
tion of perjury 9 of the clandeftine and forbidden fale
of places ; of flagrant abufcs of authority, or negleft
of duty ; and, laftly, of corruption in the cxercifc of
confidential or judicial offices. In all which, the more
elevated was the ftation of the criminal, the more fig^
nal and confpicuous would be the triumph of jufticc.
The rfr/^/«/y of punifhment is of more confcqucncc
than the feverity. Criminals do not fo much flatter
thcmfelves with the lenity of the fentence, as with
the hope of efcaping. They are not fo apt to comt
pare what they gain by the crime, with what they
nay fuffer from the punifhment, as to encourage
thcmfelves with the chance of concealment or flight*
For which reafon a vigilant magiftracy, an accurate
police, a proper diflribution of force and intelligence,
together with due rewards for the difcovery and ap-
prehenfion of malefactors, and an undeviating im-
partiality in carrying the laws into execution, con-?
tribute more to the reftraint and fuppreffion of
crimes, than any violent exacerbations of punifhment.
And for the fame reafon, of all contrivances directed
to this end, thofe perhaps are moft effectual which
facilitate the conviftion of criminals. The offence of
counterfeiting the coin could not be checked by all
the terrors and the utmoft feverity of the law, whilft
|hc aa of coining was neceflary to be eftabliflied by

Of Crimfi dnJ funtfhfnenU* 41 f

. ipccific proof. The ftattite which made the f)ofrefli(m'
of the iiriplcments of coining capital, that is, which
conftituted that poffcffion complete evidence of the
offender's guilt, was the firft thing that gave force
Ind efficacy to the denunciations of law upon this
fobjeft. The ftatute of James the Firft, relative ta.
the murder of baftard children, which ordains that
the concealment of the birth fhould be deemed incon-
.teftable proof of the charge, though a harfti law, was,
in like manner with the former, well calculated, to
put a flop to the crime-
It is upon the principle of this obfcrvation, th^t I
•apprehend much harm to have been done to the
community, by the overfirained fcrupuloufnefs, of
weak timidity of juries, which demands often fuch
proof of a prifoner's guilt, as the nature and fecrecy
of his crime fcarce poffibly admit of; and which
Bolds it the part of ^fafe confcience not to condemn^
any man, whilft there exifts the minutctt poflibility
of his innocence. Any ftory they may happen to
liave beard or. read, whether real or feigned, in which
courts of juftice have been mifled by prefumptions
of guilt, is enough, in their minds, to found an ac*
quittal upon, where pofitive proof is wanting. I
do not mean that juries ftiould indulge conjectures,
ihould magnify fufpicions into proofs, or even that
they fhould weigh probabilities in gold fcales ; but
when the prepondcration of evidence b lb manifeft,
as to perfuade everv private underftanding of the
prifoner's guilt j wnen it furnifhes that degree of
credibility, upon which men decide and aft in all
other doubts, and which experience hath jBiown that
they may decide and aft upon with fufficient fafety i
to rejeft fuch proof, from an infinuation of uncer-
tainty that belongs to all human affairs, and from a
general dread left the charge of innocent blood ihoold
lie at their doors, is a conduft which, however natural
to a mind ftudious to its own quiet, is authorized
by no confiderations of reftitude or utility. It coun-
terafts the care, and damps the aftivity of govern^
ment : it holds out public encouragement to villany,
by confeiSng the impoi&bility of bringing villains to

4i4 ^ €r>nei and funifiimgntfi

juftite % and that fpecies of encouragement, w!it'clE#
as hath beeit juft now obferved, the minds of fuch
men are inoft apt to entertain and dwell upon.

There are two popular maxims^ which feem to
have a coniiderable influence in producing the inju«
dicious acquittals of which we complain^ One is^
•^ that circuuiilantial evidence falls mort of poiitive
proof/' This affertion^ in the unqualified ^nfe in
which it is applied, is not true. A concurrence o£^
welUauthenticated circumilances compofes a fironger*
ground of afiurance than pofitive teilimony, uncon«
£rmed by circumfiances, ufually a£fords« Circum«
fiances cannot lie« The conclufion alfo which re^
iults from them, though deduced by only probable
inference^ is commonly nwre to be relied upon thaa
the veracity of an unfupported folitary witnefe.
The danger of being deceived is lefs^ the a^ual in*
fiances of deception are fewer, in the one cafe than
the other. What is called pofitive proof in criminal
matters, as where a man fwears to the perfon of the
prifoncr, and that he aftually faw him commit the
^rime with which he is charged, may be founded in
the mifiake or perjury of a fingle witnefs. Such
inifiakes, and fuch perjuries are not without many
examples. Whereas, to impofe upon a court of ju&
tice, a chain of circumjiantial evidence in fupport of a
fabricated accufation, requires fuch a number of
falfe witnefies as feldom meet together \ an union
alfo of (kill and wickednefs which is (till more rare ;
and after all, this fpecies of proof lies much more
open to difcuilion, and is more likely, if falfe, to be
contradicted, or to betray itfelf by fome unforefeen
inconfiftency, than that dired proof, which, being
confined within the knowledge of a fingle perfon^
which appealing to, or fianding connected with, no
external or collateral circumfiances, is incapable, by
its very fimplicity, of being confronted with oppo«
fite probabilities.

The other maxim, which deferves a fimilar ex-
amination, is this, " that it is better that ten guilty
perfons efcape, than that one innocent man mould
fuflfen*' If by laying it is better^ be meant that it is

9f RsSffout EJiaU^hminUi Hx%

more for tbe public advantage, the propofition, I
think, cannot be maintained. The fecurity of civil
life, which is eflential to the value and the enjoyment
of every bleffing it contains, and the interruption of
which is followed by univerfal mifery and confufion»
is proteded chiefly by the dread of puniihment. The
misfortune of an individual, for fuch may the fuf*
ferings, or even the death of an innocent perfon be
called, when they are occafioned by no evil intention,
cannot be placed in competition with this objeft« I
do not contend that the life or fafety of the meaueft
fubjed: ought, in any cafe, to be knowingly facrificed*.
No principle of judicature, no end of punilhment caa
ever require that. Bat when certain rules of adjudi-
cation muft be purfued, when certain degrees of
credibility mud be accepted, in order to reach the
primes with which the public are infefted ; courts of
juftice Should not be deterred from the application of
thefe rules by every fufpicion of danger, or by the
mere poilibility of confounding the innocent with the
guilty. ^^'^ ought rather to refleft, that he who
tails by a miftaken fbntence, may be conlidered as
falling for his country : whilft he fufiers under the
operation of thofe rules, by the general efied and
tendency of which the welfure of mc community is
maintained and upheld*

€^m X.

OF RELIGIOUS ESTABLISHMENTS, AND OF
TOLERATION-

/* A RELIGIOUS cftabliflmient is no part of
Ghriftianity, it is only the means of inculcating it/'
Amongft the Jews, the rights and offices, the order^
family, and fucceffion of the prieflhood.were marked
out by the authority which declared the law itfelf*
Thefe, therefore, were parts of the Jewilh ijeligion, as
£ee

4r# ^ ReBpm EjaUifinmntrr

irdl as the means of tranfmitting it. Not fo mt-&
the new infiitution. It cannot be proved that any
form of church government was laid down in the
Chrifiian, as it had been in the Jewilh fcriptures,
with a view of fixing a conftitution for fucceeding
ages i and which* conditution, confequently, the di£
ciples of Chriftianity would, every where^ and at all
times, by the very hw of their religion, be obliged
to adopt. Certainly no command for this^ puipole
was delivered by Chrift himfelf ; and tf k be (howa
that the apoftles ordained bifhops and preibyters
amongft their firft converts^ it muil be remembered
that deaconfr alfo and deaconefies were appointed by
them,. with fvnfiions very daffimilar to any which ob-
t^n in the church at pr«fent. The truth ieems to
have been, that fuch offices were at firft ere&ed in the
Chriftian church, as the good order, the inftru£lion^
and the exigencies of the fociety at that time requir«>
ed, without any intention, at leaft without any de-
clared defign, of regulating the appointment, author*
ity, or the diftinftion of Chriftian minifters under
future circumftanecs. This referve, if we may fb caB
it, in the Chriftian Legiflator, is fufficiently account*
ed for by two confidcrations : Firft, that no preci&
conftitution couid be framed^ which would fuit witk
the condition of Chriftianity in its primitive fiate,
and with that which it was to aflume when it (hould
be advanced into a national religion. Secondly, that
a particular defignation of office or authority amon^ft
the minifters of the new religion might have fo in*
terfered with the arrangements of civil policy^ as to
have formed, in fome countries^ a confiderable obfta*
cle to the progrefs and reception of the religion itfelf«
The authority, therefore, of a church eftabliihment
is founded in its utility : and whenever, upon this
principle, we deliberate concerning the form, propri-
cty, or comparative excellency of different eftablilh-
ments, the fingle view, under which we ought t*
confider any of them, is that of "a fcheme of in-
ftru^ion j" the fingle end we ought to propofc by
them is, " the prefervation and communication of
religious knowledge/' Every other idea, and every

and of TcUratUfL *" 417

flitlier end that hath been mixed with %kis, as tht^
snaking of the church an engine, or even an ally^ of
the ftate ; converting it into the means of ftrength*
^ning or diffufing influence ; or regarding it a3 a fup-
^ort of regal in oppofition to popular forms of gov-
^ernment, have ferved only to debafe the inftitutton,
and to introduce into it numerous corruptions and
abuies.

The notion of a religious eilablifhment compre*
jkends three things ; a clergy, or an order of men
fecluded from ^hcr profeffions, to attend upon the
offices of religion ; a legal provifion for the mainten-
ance of the dergy ; and the confining of that provi-
fion to the teachers of a particular feci of Chriftiani'ty.
if any one of thefe three things be wanting ; if there
be Jio dergy, as amongft the Quakers 9 or, if the cler-
ry have no »other provifion than what they derive
from the voliintary contribution of their hearers; or,
if the provifion which the laws affign to the fupport
of religion be extended to various feels and de-
Udminations of Chriftians, there exifts no national
relWion, or efliablifhed church, according to the fenfc
which thefe terms are ufiially made to convey. He,
therefore, who would defend ecclefiaftical eftablifli*
ments, muft fliow the feparate utility of thefe three
efiential parts of their confiitution.

J. The queftion firfl: in order upon the fubjed,
as well as the mod fundamental in its importance,
is, whether the knowledge and profeflion of Chrilli-
anity can be maintained in a country, without a dafs.
of men fet apart -by public authority to the ftudy and
teaching of religion, amd to the condu(5ling of pub-
lie worfliip ; and for thefe putpofes feduded from
other employments. I add this laft circumftancc,
becaufe in it confifts, as I take it, the fub&ance of the
controverfy. Now it muft be remembered that
Chrifiianity is an hiftorical religicMi, founded in fadls
which are related to have pafied, upon difcourfet
which were hdd, and letters which were written* in
a remote age and diftant country of the world, as
well as under a ftate of life and manners, and during
the prevakncy of opinions^ cufioms a&d inftitutions^

4x5 Of Rdigitm liJIahJifhments^

very unlike any which are found amongft mankind
at prefent. Moreover, this religion, having been firft
publifhed in the country of Judea, and being built
upon the more ancient religion of the Jews, is nccef-
farily and intimatclv connefted with the facred wri-
tings, with the hiuory and polity of that fingular
people : to which muft be added, that the records of
both revelations are preferved in languages, which
have long ceafed to be fpoken in any part of the world.
Books which come down to us from times fo remote,
and under fo many caufcs of unavoWable obfcurity,
cannot, it is evident, be underftood witnout ftudy
and preparation. The languages muft be iearnt. The
various writings which thefe volumes contain xnuft
be carefully compared with one another, and with
themfelves. What remains of contemporary au-
thors, or of authors connefted with the age, the
country, or the fubjeft of our fcriptures, muft be
perufed and confulted, in order to interpret doubt*
fill forms of fpeech, and to explain allufions which
refer to objefts or ufages that no longer exift. Above
all, the modes of cxpreflion, the habits of reafoning
and argumentation, which were then in ufe, and to
which the difcourfes even of infpired teachers were
neceflarily adapted, muft be fufficiently known, and
can only be known at all, by a due acquaintance with
ancient literature. And, laftly, to eftablifh the gen-
uinenefs and integrity of the canonical fcriptures
themfelves, a feries of teftimony, recognizing the
notoriety and reception of thefe books, muft be de«
duced from times near to thofe of their firft publica»
tion, down thefucceflion of ages through whtch they
have been tranfmitted to us. The qualifications ne«
ccffary for fuch refearches demand, it is confeflcd, a
degree of leifure, and a kind of education, inconfift-
cnt with the exercife of any other profeffion ; but
how few are there amongft the clergy, from whom
any thing of this fort can be expeAed ! How fmall
a proportion of their number, who feem likely either
to augment the fund of facred literature, or even to
coUeA what is already known ! — ^To this obje^on it
may be replied, that we fow mmjUe^ to raife one

>0nd rf Toleratwru 41^

flower* In order to produce a few capable of im«
proving and continuing the flock of Chriftian crudi*
tion» leifure and opportunity muft be afforded to
great numbers. Original knowledge of this land
can never be univerfal ; but it is of the utmoft im-
portance^ and it is enough, that there be, at all tim^j,
foniid fame qualified for fuch inquiries, and in whofe
concurring and independent concluiions upon each
fubjeft, the reft of the Chriftian community may
fafeiy confide : whereas, without an order of clergy
educated for the purpofe, and led to the profecution
of thefe ftudies by the habits, the leifure, and the ob*
jeft of their vocation, it may well be queftioncd
whether the learning itfelf would not have been loft,
by which the re:ords of our faith are interpreted and
defended. We contend, therefore, that an order of
clergy is ncceflary to .perpetuate the evidences of rev-
elation, and to interpret the obfcurities of thefe an«
cient writing, in which the religion is contained.
But befide this, which forms, no doubt, one defign
of th^ir inftitution, the more ordinary offices of pub-
lic teaching, an4 of conducing public worfhip, call
for qualifications not ufually to be met with amidft
the employments of civil life. It has been acknowU
edged by fome, who cannot be fufpefted of making .
unneceilary concefiions in favour of eftablifhments,
** to be barely pojfibk that a perfon who was never
educated for the office Ihould acquit himfelf with de«
cency as a public teacher of reUgion.*' And that
furely muft be a very defeftive policy, which trufts
to pofftbilities for fuccefs, when provifion is to be
made for regular and general inftrudlion. Little ob«
je^lion to this argument can be drawn from the ex-
ample of the Quakers, who, it may be faid, furnifti
an experimental proof that the worlhip and profefiion
of Chriftianity may be upheld, without a feparate
clergy. Thefe fedaries every where fubfift in con-
jundion with a regular eftablifhment. They have
acce& to the writings, they profit by the labours of
the clergy in common with other Chriftians. They
participate in that general diffufion of religious
xBowkdge, wiiicb the conftant teaching of a more

4^^ Of RtUgimu E/labl^menii^

regular miniftry keeps up in the country : with (hch
aids, and under fuch circumftances, the defeds of ai
plan may not be much felt, although the plan itfelf
be altogether unfit for general imitation.

a. If then an order of clergy be necefiary, if it be
neceflary alfo to feclude them from the employments
and profits of other profeflions ; it is evident they
ought to be enabled to derive a maintenance from
their own* Now this maintenance muft either de-
pend upon the voliantary contributions of their hear-
ers, or arifc from revenues affigned by authority of
law. To the fcheme of voluntary contribution there
exifts this infurmountable objection, that few virould
ultimately contribute any thing at all. However
the zeal of a feA, or the novelty of 21 change, might
fupport fuch an experiment for a wj^ile, no reliance
could be placed upon it as a general and permanent
provifion. It is at all times a bad conftitutioo^
which prefents temptations of intereft in oppofitioa
to the duties of religion ; or which makes the offices
of religion expenfive to thofe who attend upon
them ; or which allows pretences of confcience to be
an excufe for not (haring in a public burthen. If, by
declining to frequent reti^ous aflemblies, men could
fave their money, at the lame time that they indulge
ed their indolence, and their difinclination to exer-
cifes of ferioufnefsand refledUon ; or if, by diHenting
from the national religion, they could be excufed
from contributing to the fupport of the minifters of
religion, it is to be feared that many would take ad*
vantage of the option which was thus imprudently
left open to them, and that this liberty might finally
operate to the decay of virtue, and an irrecoverable
forget fulnefs of all religion in the country* Is there
not too much reafon to fear, that, if it were referred
to the difcretion of each neighbourhood, whether
they would maintain amongft therp a teacher of re-
ligion or not, many diftricts MPould remain unpro-
vided with any ; that, with the difficulties which en-
cumber every meafure^ requiring the co-operatioa
of numbers, and where each individual of the num-
ber has an intereft fecretly pleading againit the fuc*

ccfii of the meafure it&lf, aflbcidtions for the fuppprt
cf Chriftian worfhip and inftruAion would neither
be numerous nor long continued ? The devout and
pious might lament in vain the want or the diftancc
of a religious affembly : they could not form or
maintain one, without the concurrence of neigh-
bours, who felt neither their teal nor their liberality.
From the difficulty with which congregations
would be eftabliihed and upheld upon the voluntary
plan, let us carry our thoughts to the condition of
thofe who are to ofEdate in them. Preaching, in
time, would become a mode of begging. With what
fincerity, or with what dignity, can a preacher difpenfe
the truths of Chriftianity, whofe thoughts are per-
petually folicited to the refledion how he may in*
creafe his fubfcription ? His eloquence, if he poflefs
any, refembles rather the exhibition of a player who
is computing the profits of his theatre, than the fim*
plicity of atma^n, who, feeling himfelf the awful ex-
pe&ationsi^of religion, is feeking to bring others to
fuch a fenfe and underftanding of their duty as may
iave their fouls. Moreover, a littU experience of
the difpoiition of the common people will in every
country inform us, that it is one thing to edify them
in Chriftian knowledge, and another to grati^ their
tafte for vehement impaffioned oratory ; that he,
not only whofe fuccefs, but whofe fubfiftence depends
upon coUeding and pleailng a crowd, muft refort to
other arts than the acquirement and communication
of fober and profitable inft ruftion. For a preacher to
be thus at the mercy of his audience, to be obliged to
adapt his doctrines to the pleafure of a capricious
multitude, to be continually aflfeding a fiyle and
manner neither natural to him, nor agreeable to his
judgment, to live in conftant bondage to tyrannical
and infolent directors, are circumfiances fo mortify-
ing, not only to the pride of the human heart, but
to the virtuous love of independency, that they arc
rarely fubmitted to without a facrifice of principle,
and a depravation of charader— at leafi it may be
pronounced, that a minifiry fo degraded would foon
fall into the loweft hands ; for it would be fouud

4^2 <y Religious EJlabil/hmiUSf

impaffibte to engage men of worth land ability in f^
precarious and humiliating a profeflion*

If in deference, then, to theie reafons, it be.admit-
ted, that a legal provifion for the clergy, compulfory
upon thofe who contribute to it, is expedient ; the
next queftion will be. Whether this provifion fliould
be confined to one £c<fl of Chriftianity, or extended
indifferently to all ? Now, it fhould be obferved, that
this queftion never can offer itfelf where the people
are agreed in their religious opinions ; and that it
never ought to arifc, where a fyftem may be framed
of doftrines and worfhip wide enough to compre-
hend their difitgrecmcnt ; and which might fatisfy all
by uniting all m the articles of their common faith^
and in a mode of divine worlhip, that omits every
fubjeft of controverfy or offence. — Where fuch a
comprehenfion is prafticable, the comprehending re-
ligion ou^ht to be made that of the fta'te. But if
this be delpaired of ; if religious opinforis lexift, not
only fo various, but fo contradiftoiy, as ie^ender it
impoilible to reconcile them to each other, or to any
one confeflion of faith, rule of difcipline, or form of
worftiip ; if, confequently, fcparate congregations
and different fefts muft unavoidably continue in the
country ; under fuch circumftances, whether the laws
ought to eftablifli one fcft in preference to the reft,
that is, whether they ought to confer the provifion
affigned to the maintenance of religion upon the
teachers of one fyftem of do£krines alone, becomes a
queftion of neceffary difcuffion and of great import-
ance. And whatever we may determine concerning
fpeculativc rights and abftraft proprieties, when we
fet about the framing of an ecdefiaftical conftituti^n
adapted to real life, and to the aftual ftate of religion
in the country, we fhall find this queftion very near-
ly related to, and principally indeed dependent upon
another ; namely, *' In what way, or by whom oiight
the minifters of religion to be appointed V* If the fpecies
of patronage be retained to which we are accuftomed
in this country, and which allows private individuals
to nominate teachers of religioij for diftrid:s and con-
gregations to which they are abfolute ftrangers ;

. 4Mf 9f ToteratiM* 42^

^thottt fome teft propofed to the perfoM nominated^
the utmoft difcordancy of religious opinions mieh€
arife between the feveral teachers and their refpefhva
congregations* A popilh patron might appoint a prieft
to fay mais to a congregation of proteftanc*^; an epifco*
pal clergyman he fent to officiate in a parifh of prefby^
tcrians ; or a preibyterian divine to inveigh againft
the errors of popery before an audience of papifts*
The requifition then of fubfcription, or any othef
teSL by which the national religion is guarded^ maf
be confidered merely as a refindion upon the exer«
Qife of private patronage. The laws fpeak to the
private patron thus :*— •* Of thofe whom w« have
previoufly pronounced to be fitly qualified to teacU
religion, we allow you to fele^ one ; but we do not
allow you to decide what religion (hall be eftabliChed
in a particular diftri^ of the country ; for which de«
cifioni you are nowife fitted by any qualifications
v^hich, as a private patron, you may happen to po£»
fe(s. If it be neceflary that the point be determined
for the inhabitants by any other will than their own»
it is furely better that it fhould be determined by a
deliberate refolution of the le^ilature, than by the
cafual inclination of an individual, by whom the
right is purchafed, or to whom it devolves as a mere
iecular inheritance.** Wherefoevcr, therefore, this
conftitution of patronage is adopted, a national relig-^
ion, or the legal preference of one particular religioa
to all others, muft almoflt necefiarily accompany it*
*But, fecondly, let it be fuppofed that the appointment
of the minifter of reltrion was in every pariih left to
the choice of the parimioners, might not this choice^
we aflc, be fafely exercifed without its being limited
to the teachers of any particular fecb i The efled of
fuch a liberty muft be, that a papift, or a prefbyteri*
an, a methodift, a moravian, or an anabaptift, would .
fuccefiively gain poi&flion of the pulpit, according as
a majority of the party happened at each election to
prevail. Now with what violence the conflift ^ould
upon every vacancy be renewed ; what bitter. ant«
moficies would be revived^ or rather bo conftantly
Eff

4C3F Of Rerfgwus EJliAltpmentSj

fed and kept alive in tliencigfibourliood j witH what
tinconquerable averfion the teacher and his rcHgipn
would be received by the defeated party^ may be
forefcen by thofe who refieft with how much paJBion
every difpnte is carried on, in which the name of re-
ligion can be made to mix itfelf ; mnch more where
the canfe itfelf is concerned fo imrhediately as it
would be in this. Or, thirdly, if the ftate appoint
tTic roinifters of religion, this confutation will diBer
little from the eftahliffiment of a national religion; for
the ftate will, undoubtedly^ appoint thofe, and thofe
alone, whofe religious opinions, or rather whofe re-
ligious denomination agrees with its own ; unleis it
be thought that any thmg would be gained to rdig-
ipus rrt>erty by transferring the choice of the national
religion from the legiflature of the country, to the
iftagiftrate who adminifters the executive govern-
ment. The only plan which feems to render the \c*
gal maintenance of a clergy prafticable, without the
legal preference of one feft of Chriftians to others, is
that of an experiment which is faid to be attempted
or dcfoned in Ibihc of the new ftatcs bf North Amer-
icar The nature of the plan is thus defcribcd^ A
tax is levied upon the inhabitants for the general fup-
port of religion ; the collector of the tax goes round
with a regifter in his hand, in which are mfertcd, at
the head of fo many diftinft columns, the names of
the fcveral religious fecks, that are profeffed in the
country. The perfon, who is called upon for theaf-
fcflmcnt, as foon as he has paid his quota, fubfcribcs
fits name and the fum in which of the columns he
pfeafes ; and the amount of what is colle&ed in each
columais paid over to the minifter of that denomina-
tiour In this fchemc it is not left to the option of
the futneft, whether he will contribute, or how much
he ffiali contribute to the maintenance of a Chriftian
niiniftry j it is only referred to his choice to deter*
niineby what feft nis contribution fhall be received.
Irhe above arrangement is, undoubtedly, the beft thlt
lias been propofed upon this principle : it bears the
appearance ot liberality and juflice ; it trtay ct)ntaln

tmd if Toleration^ 4^

^mefolid advantage ; neverthelefs^ it l^bouci) undfr
inconvcniencies which -will be found, 1 think, upoi
trial, to overbalance all. its recommendations. It ig
icarcely compatible with that, which is the firft requi«-
?ite in an eccldiallical eftaJt^ftment, th^ divifion of
the country into pariflbes. of a trommodionS' e^tent^
If the parimes be fm^ll,, apd miniftcrs, of ^vccry der
ijomination'bc Rationed in^ach, wliich the plan fe^»
to fuppofc, the expcnfe of their maintenance will be^
come too b^rthenroi][>e a» charge for the country. t9
iiipport.- If, to reduce the expcnfe, tl^e^ diftricfa. l^
enlarged, the place of afltembling will oftentimes br
too rar rcm^yetl from t\^ refidenc^ of the perfoitf
who ought to refort tq it. Again, tlje maVmg tht
pecuniary- fuccels of tl^e di^Terent teachers, of r^igio4
to depend vpon thq number and \j^^alth of their r^
^ec^ve followers, woiiUl naturally gcp^rat^ ftrif«9^
'%nd indecent jcalouiies amnng{£ them, as well as prc»-
ducc a polemical and profelyting fpirit, founded %%,
pt mixed with views of private gain^, which wquld
both depraye the principl?s oi the clergy, and diftra.i^
ihe country with endLefs contention?. .,
, Th« vgument, Xhef\9, by yrhich ecctefiaftical eftabr
Jilhmcnts are defended, proceeds by tbpfe iicp^-, Thu
inowledge s(hH profeflion of Chriftianity cannot bt
upheld withput a clergy ; a dergy cannot be fup-
ported without a legil pro vifton; a legal provifion
for the clergy cannot be coi^ftitytcd without thp
ifrcference of one feft of CUriftians to the reft : and
the condufion will b? conveniently fatisfacloFy in the
degree in w!hich the truth 9f thcfe feveral propofr
tions can be. nude out.

If it be deemed expedient to eftablif^ .z, national
religion, that is to fay, one f^6}: in preference to ^11
others j (bme te/iy by which the teachers of that {t&,
may be diftiiiguiihed from the teacher? of different
fecb, appears to be an indifpenfable confequence.
The cxiilence of fuch an eftablifliment fuppofes it ;
.the very notion of a national religion mcludes that &f
a tell. But this neceifity, which is real, hath, accord*
ing to tl^e £ifbion of human affairs, furnifiied to al*

Inoft evsTj church a pretence for extending, tnultr-
plying and continuing fuch tefts beyond what the
occafion Juftified, For though fome purpofes of or-
der and tran<juillity may be anfwered by the eftab*
liihment of creeds and confeflions, yet they are at all
times attended with fcrious inconvenicndes. Thejr
check inquiry ; they violate liberty ; they enfnare
the confdences of the clergy by holding out tempta-
tions to prevarication ; however they may cxprefs
the perfuafinn, or be accommodated to the contro-
verucs, or to the fears, of the age in which they arc
trompofed, in procefi of time, and by rcafon of the
1:hanges which are wont to take place in the judgment
of mankind upon religious fubjec^s, they come at
length to contradi<^ the a(5lu<il opinions of the churchj^
mrbofe doftrines they profefs to contain ; and they
often perpetuate the profcription of fefts and tenets,
from whigh any danger has long ceafed to be appre*
liended,

■ It miay not follow from thefe objeftioiis that tefts
4nd fubfcriptions ought to be abohChed ; but it fol-
lows that they ought to be made as (Imple and eafy
as poffible \ that they ihould be adapted from time to
time to the varying fentimcnts and circumftances of
the church in which they are received ; and that they
•fliould at no t}me advance one ftcp farther than fome
fubfifting necefilty recjuires, If, for infiance, prom-
ifes oi c()nft>rmity to the rites, liturgy and offices of
the church, be fufficient to prevent confufion and
difordcr in the celebration or divine woribip, then
fuch promifes ought to be accepted in the place of
ftricler fubfcriptions, If a^rticles of peace^ as they are
called, that is, engagements not to preach certain
doftrines, nor to revive certain controverfies, would
exclude indecent ahercations amongft the national
clergy, as well as fecure tp the public teaching of re-
ligion as much of uniformity and quiet as is neceffary
to edification ; then confeffions of faith ought to be
converted into articles of peace. In a word, it ought
to be held a fufficient reafon for relaxing the terms
9f fubfcription, or for dropping any or Sx of the ar*

and efTokrathff* -4%j

ticks to be fubfcribcd, that no prejent neceflltf tequir«
the ftriclnefs which is complained of, or that it ihouUl
be extended to fo many points of dodrinc.

The divifion of the country into diftrich, and the'
ftationing in each diftri6l a teacher of religion, forms
the fubftantial part of every church eftablifliment.
The varieties that have been introduced into the
government and difcipline of different churches are of
Inferior importance, when compared with this, in
Vhtcb they all agree. Of thefe economical ques-
tions, none feems more material than that which hm
been long agitated in the reformed churches of Chrif.*
tendom, whether a parity amongft the clergy, or a
diflinAion of orders in the miniftry^ be more condu-
cive to the general ends of th^ inftitution. In favour
of that fyftem which the hyrs of this country have
preferred, we may allege the following reafons : that
it fecures tranquillity and fubordination amongft the
clergy themfelves j that it correfponds with the gra-
dations of rank in civil life, and provides for the edi-
fication of each rank, by ftationing in each an order
of clergy of their own clals and quality ; and laftly,
that the fame fund produces more effe^, both as an
allurement to men of talents to enter into the church,
and as a ftimulus to the induftry of thofe who are al-
ready in it, when diftributed into prizes of different
value, than when divided into equal fhares.

After the ftate has once eftabliflied a particular fyf-
tem of faith as a national religion, a queftion will foon
occur, concerning the treatment and toleration of
thofe who dijffhtt from it. This queftion is properly
preceded by another, concerning the right which tli
civil magiftrate poffeiles to interfere in matters of re-
fi^on at all : for although this right be acknowledg-
ed whilft he is employed folely in providing means of
public inftruftion, it will probably be difputed, in-
deed it ever has been, when he proceeds to infli^
penalties, to impofe rdlraints or incapacities on the
account of religious diftinAions^ They who admit
no other juft original of civil government, than what
is founded in fomc fiiimlatioQ with its fubje£ts« are at

j^Z^ 0/ Rl^ioux E/iabtipmerasj

liberty to contend that the concerns of rdigion vrere.
etscepted out of the fcKial conapaA j that ia an aSalr
which can only be tranfa^led between God and a
nian*s own confciencc, no commiffion or authority
•was ever delegated to tlie civil magiftrate, or could
indeed be transferred from the perfon hinifelf to any
other. We, however, who have rejected this theo-
ry, becaufe we cannot difcorer any actual contrad:
bet\yeen the ftate and the people, and becaufe we can-
not allow an arbitrary fi<5lion to be made the founda-t
tion of real rights and of real obligations, find our*
Selves precluded from this diftinclion. The rcafon-
kig which deduces the authority of civil government
from the will of God, and which colleas tli^at wiU
from public expediency alone, binds us to the unre»
fervcd conclufion, that the }urifdiction of the magif-
trate is limited by no confideration but that of gen-
eral utility ; in plainer tern^is, that whatever be the
iubjcft to be regulated, it is lawful for him to inter*
fere whenever hi3 interference, in its general tenden*
cy» appears to be conducive to the common interefL
There is nothing in the nature of religion, a3 ft^ch^
which exempts it from the authority of the legiila:-
tor, when the fafety or welfare of the community re*
quires his intcrpofition. It has been faid, indeed,
that religion, pertaining to the interefts of a life to
come, lies beyond the province of civil government,
the office of which is confined to the affairs of this
life. But, in reply to this objection, it may be oh*
fcrved, that when the laws interfere even in religion,
they interfere only with temporals j their effects ter-
minate, their power operates only upon thofe rights
and interefts, which confeffedly belqng to their difpo-
fal. The acts of the legiflature, the edicts of the
prince, the fentencc of the judge cannot affcftniy lal-
vation ; nor do they, without the moft abfurd arro-
gance, pretend to any fuch power : but they may
deprive me of liberty, of property, and even of Hfc
itfelf on account of my religion ; and however I may
complain of the injuftice ot the fentence, by which I
am condemned, I cannot allege, that the magiftrate

mid of Tderaticn.. *4^

^as tran^reffed the boUBdaries of his jurifdiftion 5
becaufe the property j^ the liberty, and the life of the
fubjeft, may be taken away by the authority of the
laws, for any reafon, which, in the judgment of the
fcgiflature, renders fuch a meafure neceffary to the
common welfare^. Moreover, as the precepts of re-^
ligioit may regulate all the offices of life, or may be
fo conftrued as to extend to all, the exemption of re-
ligion from the control of human law* might afford
a plea^ which would exclude civil government from
every authority over the conduft of its fubjecls. Re*
Kgious liberty is like civil liberty,, not an immunity
from rcftraint, but the being reftrained by no law^
but what in a greater degree conduces to the public
welfare^

Still it is right **^to obey God rather than man/*
Nothing that we have faid encroaches upon the truth
of this facred and undifputed maxim : the right of
the magiftrate to ordain, and the obligation of the
fubjeft to obey, in matters of religion, may be very
different j anti will be fo as often as they flow from
Cppofite apprehenfions of the divine wilL In affairs
that are properly of a civil nature j in *^ the things
that are Cefar's,'*" this difference feldom happens.
The law authorizes the aft which it enjoins j revela-
tion being either filent upon the fubjeft, or referring
to the laws of the country, or requiring only that
men act by fome fixed rule, and that this rule be ef»
tabliffied by competent authority. But when human
laws interpofe their dircftion in matters of religion,
by diftating, for example, the objeft or the mode of
divine worlhip; by prohibiting the profeiSon of fome
articles of faith, and by exacting that of others, they
are liable to clafli with what private perfons believe
to be already fettled by precepts of revelation ; or to
contradift what God himfelf, they think, hath de-
clared to be true. In this cafe, on whichever fide
the miftake lies, or whatever plea the ftate may al.
lege to juftify its cdift, the fubjeft can have none to
cxcufe his compliance. The fame confideration aMb
points out the diftindioni as to the authority of the

4S^ 0/ IbS^m Efiahli^inU^

Hate, bet^eto timporslk and fpirimals. * The frfagtfl'
tratc is not to be obeyed in temporals more than in
Spirituals, where a repugnancy is perceired between
his commands^ and any credited manifefiations of
the divine will ( but fuch repugnancies are much lefs
likely to arife in one cafe than the other*

When we grant that it is lawful tor the magtftrate
to interfere in religion as often as his interference
^>pears to him to conduce, in its general tendency;
to the public happine£i ; it may be argued, from this
conceffion, that, lincefalvation is the highell intereft
cf mankind, and fince, confequently, to advance that
is to promote the public happinefs in the beft way^
and in the greateft deeree, in which it can be pro*
cioted, it follows, that it is not only the right, but
the duty oi every magillrate, inveiled with fupreme
power, to enforce upon his fubjecls the reception of
that religion, which he deems moft acceptable to
God ( and to enforce it by fuch methods as may ap-
pear moft effe^ual for the end propofed* A popiih
king, for example, who fliould believe that ialvatioa
is not attainable out of the precinAs of the Romifh
church, would derive a right from our principles (not
to lay that he would be bound by them) to employ
the power with which the conftitutioil intruded
bim, and which power, in abfolute monarchies, com*
mands the lives and fortunes of every fubjeft of the
empire, in reducing his people within that commu-
nion. We confefs that this confequence is inferred
from the principles we have laid down concerning
the foundation of civil authority, not without the
refemblance of a regular dedu&ion : we confei& alfo
that it is a conclufion which it behoves us to difpofe
of ; becaufe, if it really follow from oi^r theory o£
government, the theory itfelf ought to be given up^

Now it will be remembered, that the terms of our
propofition are thefe : ^^ That it is lawful for the
imagiftrate to interfere in the affairs of religion, when-
ever his interference appears to him to conduce, by
its general tendency, to the public happinefs/* The
daufe of ^ general teQ4ency/' when tlus rules comes

to lie aprpHed, will be found a very fignificafnt part of
the diredion. It obliges the niagiftrate to reflcft,
not only, whether the religion which he ^ifhes to
propagate amongil his fubjecls, be that which will
beft fecure their eternal welfare ; not only, whether
the methods he employs be likely to effectuate the ct^
tablifhment of that religion; but alfo upon this further
queflion, whether the kind of interftfrence, which he
is about to exercife, it it were adopted as a commoa
maxim amongft ftates and princes, or received as a
general rule for the conduct of government in mat*
ters of religion, would, upon the whole, and in the
xnafs of inftances in which his example might be im»
itatcd, conduce to the furtherance of huipan falvation.
If the magiftrate, for example, (hould think that, al-
though the application of his power uiight, in the in-
ftance concerning which he deliberates, advance the
true religion, and together with it the happineis of
his people, yet that the fame engine, in other hands,
who might affume the right to ufe it with the like
pretentions of reafon and authority that he himfelf
alleges, would more frequently fhut but truth, and
obftruc^ the means of falvation ; he would be bound
by this opinion, ftill admitting public utility to be thft
fupreme rule of his conduA, to refrain from expedi-
ents, which, whatever particular effeds be^ may expe^
from them, are in their general operation dangerous
or hurtful. If there be any difficulty in the fubject,
it arifes from that which is the caufe of every dimcuU
ty in morals — the competition of particular and gen-
eral confequences ; or, what is the lame thing, the
fubmiffion of one general rule to another rule whicli
is dill more general.

Bearing then in mind that it is the general tenden-
cy of the meafure, or, in other words, the effcdU
which would arife from the meafure being generally ,
adopted, that fixes upon it the character of rectitude
or injufiice ; we proceed to inquire what is the de«
gree and the fort of interference of fecular laws ia
matters of religion, which are likely to be benehci4
to the public happinefs. There are two m^j^m^

4$% 0/ Religimu EpMftiamij

<»rhich win in a great meafurc regulate oin* conclu-^
fions upon this head. The firft is, that any form of
ChrifUanity is better than no religion at all : the fe-^
cond, that of different fyftcms of faithy that is the beft
which is^ the trueft. The firft of thefe pofitions will
hardly be disputed, when we reflect, that every feft
and modification of Chriftianity holds out the happi-
nefs and mifery of another life, as depending chiefly
upon the practice of virtue or of vice in this ; and
that the diftin(ftions of virtue and vice are nearly the
iame in all^ A perfon who acts under the impreflion
Qf thefe hopes and fears^ though combined with ma-
ny errors and fuperllitions^ is more likely to advance
both the public happinefs and his own, than one wha
is deftitute of all expectation of a future account.
The latter propofition is founded in the confidera-
tion that the principal importance of religion confifts
in its influence upon the fate and condition of a fu-
ture exiftcnce- This influence belongs only to that
religion which comes from God. A political religion
may be framed, which fliall embrace the purpofes>
and dcfcribe the duties, of political fociety perfectly
well ; but if it be not delivered by God, what aflTur-
ance does it aflbrd, that the decifions of the divine
judgment will have any regard to the rules which it
contains ? By a man who afts with a view to a fu-
ture judgment, the authority of a religion is the firft
thine inquired after ; a religion which wants au-
thority, with him wants every thing. Since then
this authority appertains, not to the religion which
ip moft commodious, to the religion which is moft
lublime and efllcacious, to the religion which • fuits
beft with the form, or feems moft calculated to up-
hold the power and ftability of civil government, but
only to that religion which comes from God; we are
juftified in pronouncing the true religion, by its very
truths and independently of all confiderations of ten-
dencies, aptneffes, or any other internal qualities
whatever, to be univerfally the beft.

From the firft propofition follows this inference,
that whjn the ft^te enables its fubjccts to X^xxx^Jomt

•• fini of ^olelra^ion. 475-

form of Chriftianity, by diftributing teachers of a re-
ligious fyftem throughout the country, and by pro-
viding for the maintenance of thefe teachers at the
public expenfe ; that is, in fewer terms, wHen the
laws ejiablijh a national religion, they cxercife a pow-
er and an interference, which are likely, in their gen-
eral tendency, to promote the intereft of mankind j
for even fuppofing th« fpecies of Chriftianity which
the laws patronize to be erroneous and corrupt, yet
when the option lies between this religion and no re-
ligion at all, which would be the confequence of leav-
ing the people without any public means of inftruc-
tion, or any regular celebration of the offices of
Chriftianity, our propofition teaches us that the for-
mer alternative is conftantly to be preferred.

But after the right of the magiftrate to cftabliffi i
particular religion has been, upon this principle, ad-
mUted J a doubt fometime^ prefents itfelf, whether
4:he religion which he ought to eftablifh be that which
he himfelf profefles, or that which he obfervcs to
.prevail araongft the majority of the people. Now
when we confider^his queftiofi with a view to the
ibrmation of a general rule upon the fubjefl, whicli
/view alone can ftifniih a juft fdution of the doubt, it
•tnuft be aiTumed to be an equ^l chance whether of tfi^
two religions contains more of truth, that of the nri'-
giftrate, or that of the people. The chance then that
is left to truth being equal upon both fuppofitions,
the remaining confideration will be, from which ar-
rangement more efficacy can be expe(5led — ^from an
order of men appointed to teach the people their own
religion, or to convert them to another. In my
opinion, the advantage lies on the fide of the former
fcheme ; and this opinion, if it be affented to, makes
it the duty of the magiftrate, in the choice of the re-
ligion which he eftablifhes, to confult the faith" of the
nation rather than his own.

The cafe alfo of diffenters muft be determined by
the principles juft now ftatcd. Toleration is of two
4dnds : the allowing to diffenters the unmolefted pro-
4effion and exercife of their religion^ but with ^ncx^

434 ^f i^^%'^ tjiahlljbtnenti^

clufion frdm offices oftruftand cmoltiment in thtf
ftatc, which is a partial toleration ; and the admitting
them, without diftinclion, to all the civil privileges
and capacities of other citizens, which is a complete
toleration. The expediency of toleration, and con*
fequently the right of every citizen to demand it, as
far as relates to liberty of confcience, and the claim of
being protefted in the free and fafe profeffiori of his
religion, is deducible from the fecond of thofc propo-
iitions, which we have delivered as the grounds of
our conclufions upon the fubjeft. That propofitioa
^fferts truth, and truth in the abftracl, to be the fu-
preme perfeclion of every religion. The advance-
ment, confequently, and difcovery of truth, is that
end to which all regulations concerning religion
ought principally to be adapted. Now every fpecies
of intolerance which enjoins fuppreffion and filence ;
and every fpecies of perfecution which enforces fuch
injunftions, is adverfe to the progrefs of truth ; for-
^unuch as it caufes that to be 6xed by one fet of men,
at one time, which is miich better, and with mucli
more probability of fuccefs, left |o the independent
and progreflive inquiries of leparate individuals.
Truth refults from difcuffion and from controverfy ;
i^.inveftigated by the labours and refearches of pri«
vat^ perfons* Whatever, therefore, prohibits thcfe,
obftruds that induftry, and that liberty, which it is
the common intcreft of mankind to promote. In
religion, as in other fubjecls, truth, if left to itfelf,
will almoft always obtain the afcendency. If differ-
ent religions be profeffed in the fame country, and
the minds of men remain unfettered and unawcd by
intimidations of law, that religion which is founded
in maxims of reafon and credibility, will gradually
gain over the other to it. I do not mean that men
will formally renounce their ancient religion, but
that they will adopt into it the more rational doc-
trines, the improvements and difcoveries of the neighs
bouring fe£l ; by which means the worfe religion,
without the ceremony of a reformation, will itifenfi-
bly afiimilate itfelf to the better. If pofijcry, for iiv»

Aance, ancl protcftantifm were permitted to dwell
quietly together, papi(ls might not become protet
tants, (for the name is commonly the laft thing that
is changed ♦) but they would become more enlight*
cned and informed ; they would by little and little
incorporate into their creed many of the tenets of
proteftantifm, as well as imbibe a portion of its fpirit
and moderation.

Thejuftice and expediency of toleration we found
primarily in its conduciveneis to truth, and in the fu-
pcrior value of truth to that of any other quality
which a religion can pofTefs : this is the principal ar-
gument ; but there are fome auxiliary confiderations
too important to be omitted. The confining of
the fubjecl to the religion of the ftate, is a needlefs
violation of natural liberty, and in an inftance iz^
which conftraint;^ is always grievous. Perfecution
produces no fincere con viclion, nor any real change of
opinion ; on the contrary, it vitiates the public mor*
als by driving men to prevarication, and commonly
ends in a general though fecret infidelity, by impo-
fing, under the name of revealed religion, fyftems of
doflrine which men cannot believe, and dare not ex.
amine : finally, it difgraces the charafter, and wounds
the reputation, of Chrillianity itfelf,by making it the
author of opprefllon, cruelty, and bloodfhed.

Under the idea of religious toleration I include the
toleration of all books of fcrious argumentation :
but I deem it no infringement of religious liberty to
reftrain the circulation of ridicule, invective, and
mockery, upon religious fubjects ; becaufe this fpe.
cies of writing applies folely to the paffions, weakens
the judgment, and contaminates the imagination of
its readers ; has no tendency whatever to aflitt either
the invcftigation or the impreffion of truth ; on the
contrary, wliilft it ftays not to diftinguifli between
the authority of different religions, it deflroys alike
the influence of alL

•* Would we let the mamt ftand, we might often attra^ lAea, without their
perceiving it, much nearer to ouflclvci} than, if they did perceive it> thdjr
^Ottld be wiliii^tocoffic.

436 Of Rdipcus i^ahlifljrflhtsj

Concerning the admiffion of diffenters from the
cftablifhed religion to offices and employments in thie
public fervice, which is neceffary to render toleration
Complete, doubts have been entertained with fomd ap-
pearance of reafon. It is poffible that fuch religious
opinions may be holden as are utterly incompatible
with the neceffary functions of civil government ;
and which opinions confequently difqualify thofo^
who maintain them, from exercifing any fliare in its
adminiftration. There have been cnthufiafts who
held that Chriftiai)ity has aboliftied all diftinftion of
property, and that (he enjoins upon her followers a
community of goods. With what tolerable propri-
ety could one ot this fcft be appointed a judge or a
riiagiftrate, whofe office it is to decide upon queftlons
of private right, and to proteft men in the exclufivc
enjoyment of theif property ? It would be equally
abfurd to intruft a military command to a Quaker,
^ho believes it to be contrary to the gofpel to take
up arms. This is poffible ; therefore it cannot be
laid down as an univcrfal truth, that religion is not
in its nature a caufe which will juftify exclufion from
public employments. When we examine, however,
the fefts of Chriftianity which aftually prevail in the
world, we muft confefs that, with the fingle exception
of refuling to bear arms, we find no tenet in any of
them which incapacitates men for the fervice of the
ftate. It has indeed been afferted that difcordancy of
religions, even fuppofing each religion to be free from
any errors that affect the fafety or the conduft of
government, is enough to render men unfit to aft
together, in public ftations. But upon what argu*
mcnt, or upon what experience is this afiertlon
founded ? I perceive no reafon why men of different
religious* perfuafions may not fit upon the lame
bench, deliberate in the fame council, or fight in the
fame ranks, as well as men of various or oppofite
opiriions upon any controverted topic of natural
philofophy, hiftory, or ethics.

There arc two cafes in which teft laws are wont tc>
be applied, and in which, if in any, they jnay b^ dc»

iOid of ToUratiom 4^

f4Qded. One is where two or tnore religions are
contending for cftablifhment ; and where there ap-
pears no way of putting an end to the conteft but by
giving to one religion fuch a decided fuperiority in
the legiflature and government of the country, as to
fecure it againft danger from any other. I own that
1 flxould aflent to this precaution with many fcruples.
If the diffenters from the eftablifliment become a ma-
jority of the people, the eftablifliment itfelf ought to
be altered or qualified. If there exift amongft the
different fefts of the country fuch a parity of nuni-
bers, intcreft, and power, as to render the preference
of one fcA to the reft, and the choice of that feci, a
matter of hazardous fuccefs, and of doubtful election,
fome plan iimilar to that which is meditated in North
America, and which we have defcribed in a preceding
part of the prefent chapter, though encumbered with
great difficulties, may perhaps fuit better with this
divided ftate of public opinions, than any conftitution
of a national church whatever. In all other fitua-
tions, the eftablifliment will be ftrong enough to
maintain itfelf. However, if a teft be applicable with
juftice upon this principle at all, it ought to be appli-
ed in regal governments to the chief, magift rate him-
felf, whofe power might otherwife overthrow or
change the eftabliflied religion of the country, in op-
pofition to the will and fentiments of the people.

The fecond cafe of exclufton^ and in which, 1 think,
the meafure is more eafily vindicated, is that of a
country in which fome difaffeclion to the fubfifting
government happens to be connected with certain re-
ligious diftinftions. The ftate undoubtedly has a
right to rcfufe its power and its confidence to thofc
who feek its deftruclion. Wherefore, if the general-
ity of any religious feet entertain difpofitions hoftile
to the conftitution, and if government have no other
way of knowing its enemies than by the religion
which they profefs, the profeflbrs of that religion
may juftly be excluded from offices of truft and au-
thority. But even here it fliould be obfcrved, that it
IS not againft the religion that government fliuts it*

4Z^ ^f K^ViS^ta ijah^fHents^

docrf?) but againfl: thofe pditical principle's wliicfi^
however independent they may be of any article o€
religious faith, the tneaibers of that communion arc
found. in facl to hold. Nor would the legillator
make religious tenets the teft of men's inclinations
towards the ftate, if he could difcover any other that
was equally certain and notorious. Thus, if the
members of the Romifli church, for the moft part»
adhere to the intereils, or maintain the j'ight of a
foreign pretender to the crown of thefe kingdoms ;
and if there be no way of diftinguifliing thofe who
do from thofe who do not retain fuch dangerous
prejudices ; government is well warranted in fencing
out the whole lect from licuations of truft and power.
But even in this example, it is npt to popery that
the laws objeft, but to popery as the mark of jacobi*
tifm ; an equivocal indeed and fallacious mark, but
the beft, and perhaps the only one, that can be de«.
•vifed. But then it fhould be remembered, that as
the connexion between popery and jacobi tifm, which
is the fole caufe of fufpicion, and the fole juftificatiou
of thofe fevere and jealous laws which have been
enaded againft the profeffors of that religion, was
accidental in its origin, fo probably it will be tempo-
rary in its duration ; and that thefe reftridions
ought not to continue one day longer than fome vif-
ible danger renders them ncceffary to the prefcrva-
tion of public tranquillity-
After all, it may be alked, why fliould not the Ic-
giflator dired his teft againft the political principles
themfclves which he wiflies to exclude, rather than
encounter them through the medium of religious te-
nets, the only crime and the only danger of which
conCft in their prefumed alliance with the former ?
Why, for example, (hould a man be required to re-
nounce tranfubftantiation, before he be admitted to
an office in the ftate, when it might feem to be fuf-
ficient that he abjure the pretender ? There arc but
two anfvvers that can be given to the objection
which this queftion contains ; firft, that it is not
opinions which the laws fear, lb much as inclinations j

dnd cf Toleration. -^ 43f

and that politicii indinatiohs are not fo eafily detect-
ed by tlic affirmation or denial of any abftraft prop-
ofition in politics, as by the difcovery of the religious
creed with which they arc wont to be united : fee-
ondly, that when men renounce their religion, they
commonly quit all connexion with the members of
the church which they have left ; that church no
longer expeAing affiftance or friendfhip from them ;
whereas particular perfons might infinuate themfelves
into offices of trail and authority, by fubfcribing po-
litical aflertions, and yet retain their predileclion for
the interefts of the religious feO: to which they con.
tinued to belong. By which means government
^ould fometimes find, though it could not accufe the
ind^ndual, whom it had received into its fefrvipe, of
di(affi:dionto the civil eftabitfiunent, yet that, through
him, it had communicated the aid and influence of a
pcNwerful ftation to a party who were hoftile to the
conftitudon* • . Thcfc anfwers, however, we prbpofe^ .
rather than defend. The meafure certaitily caimot
beMefended at all, except where the fufpedted union
between certain obnoxious ptindples in. politics, and
certain tenets in religion, is nearly univerfal : in
which cafe it makes little difference to the fubfcriber^.
whether the teft be religious or political; and the fiate
is ibmewhlt better fecured by the one than the other.
The refult of our examination of thofe general*
tendencies, by which every interference of civil gbv^
ernment in matters of religion ought to be tried, 19
this: ^^That a comprehenfive national relig^ion, guard.^
cd by a few articles of peace and conformity, togetlb*
ei: with a legal provifion for the dergy of that relig-
ion ; and with a complete toleration of all di&nters
from the eftabliflied church, without any other Umi«.
tadon or exception, than what arifes from the con-
junAion of dangerous political difpofttions with cer-
tain religious tenets, appears to be, not only the moft
juft and liberal^ but the wifeft and Meft fyftem, which
a ftate can adopt : inalmuch as it unites the fevend
perfc^ons, which a rdigious confiitution ought to
Hhh

sum at~4ibert7 of con&fencc, witb mctas of Inffroo
tion } the pr6gre& of tnitb, witb the peace of kof^
ty ; the right of private judgment^ i*ith the case q(
tbepubticfifety.'^

€f^1i^UX XL

OF POPULATICMJ AND PROVISION; AND

OF AGRICULTURE AND COMMERCE,

AS SUBSERVIENT THERETO-

The final vfe^ of aff rationiJ polhks » to
prodhice thegreateft qiKmtity of happinefs in a girea
traft cf countfy* The riches^ ftrength^ and glory of
nations } the topics which hiftory celebrates, aad
which alone almoft engage the praifes^ and poife(s the
adffiiration of manldnd, have no value farther than
as they contribute tothis end. When they interfefe
v^ith it, they are evib^ and not thele6 real fer the
%Jlendour that fnrrounds them.

Secondly, although we Q>eak of conmnnities as of
fenticnt beings \ altnongh we afcribe to them hsq^>
sefs and mifery, de&res, interefts, and paflions, noth*
tng reaUy exifts or feds but individuab. The happi-
nefs of a people is made up of the happinefi of fin^
perCbns ; and the quantity of happinefe can only he
augmented by tncreafin^ the number of the percipi-
ents, or the pieafure of their perceptions.

Thirdly, notwithftanding that diverfity of condi-
tion, efpedally diSerent degrees of plenty, freedom,
and fecurity, greatly vary the quantity of hap]»ne&
enjoyed by the fame number of individuals; and
notwithftanding that extreme cafes may be found, of
&uman beings fo galled by the rigours of flavery, that
the increafe of numbers is only the amplification of
tnifery ; yet, within certain limits, and within thoft
limits to which civil life is diverfified under the tem-
perate governments that obtain in Europe, it may be

idbmed, I tbink, with certaiBty, tbit tlie ipnntity t£
bappine& produced in any given diftiid, Jo far de*
pend$ upon the iminber of inbabhaiits, tiiac in xom*
paring adjoining periods io the fame country, the
coUoftnre happinefi wifl be nearly in tbe exad pro-
portion of tiie numbers, that is, twice tlie member of
inhabitants will produce doubk the quantity of hap*
|»ne& ; in d&ftant periods, and different countries,
under gre»t changes or gjreat diffiinilitude of civil
4xmditicm, akbough tbe prmortion of eztjoyment
may M much flk>rt of that or the numbers, yet ftiK
any confideraUeexcefi of numbers will ufually carry
with it a preponderation of happinefs ; that, at leaft,
it may, and ought to be afliimed in all political de-
Uberations, that a larger portion of happine^ is en«
joyed amongfl: t^n perfoos, pofiidSing the means of
healthy fubfiilence, that can be produced hyjhe per-
fons, under every advantage of power, affluence, and
luxury.

From thefe principks it follows, that the quantity
of faappineis in a given diftrid, although it is poifible
it may be increafed, the number of inhabitants re<^
maining the £ime, is chiefly and moft naturally af«
fbded by alteration of the numbers : that, confe**
quently, the decay of population is the greateft evil
that a ftate can fuffer ; and the improvement of it the
ckqt^ which ought, in all countries, to be aimed at in
preference to every otherfpolitical purpoile whatfoever*

The importance of population, and the foperiority
of it to every other national advantage, are points
neceffary to be inculcated, and to be underftood ; in*
afmuch as faUe eftimates, or fantaflic notions of na>*
tional grandeur, are perpetually drawing the atten«
tion otllatefmen and legiflators from the care of this,
which is, at all times, the true and abfolute intereft of
% country : for which reafon, we have fiated thefe

Joints with unufual formality. We will confefi,
owever, that a competition can fddom arife between
the advancement of population and any meafure of
ibber utility ; becaufe, in the ordinary progress of
liuaian zSun^ whatever, in any way, coatributei to

44^. Of B^tatm% Prfivifi$n^ '

make a peopk happier, ^eods Co reader them more
numerous*

In the fecundity of the human, as of every other
ipecies of animals, nature has provided for an inde£*
Bite multiplication. Mankind have increafed to th<ir
prefent number from a fingle pair : the o&pring of >
early marriages, in the ordinary courfe of procrea-
tion, do more than replace the parents : in cQun(ries»
and under circumftances very fevourable ,to fuhfift*
cnce, the popubtion has been doubled in the fpace of
twenty years ; the havoc occafioned by wars, earth*
quakes, famine, or peftilence, is ufually repaired in ^
Uiort time. Thefe indica.tions fufficiently demon-
iirate the tendency of nature in the human .fpedes to
a continual increaie of its numbers. It becomes .tWc*
fore a queftion that may reafonaUy be propoundedt
what are the caufes which confine or check the nat-
ural progrels of this multiplication ? And the anfwer
which firft prefents itfelf to the thoughts of the in-
quirer is, that the population of a country muft ftop
when the country can maintain no more, that i»y
when the inhabitants are already fo numerous as to
exhauft all the provillon wl^ich the foil can be made
to produce. This, however, though an infuperable
bar, will feldom be found to be ibat which adually
checks the progrefe of population in any country of
the world ; becaufe the number of the people have
feldom, in any country, arrived at this limit, or even
approached to it. The fertility of the ground,, in
temperate regions, is capable of being improved by
cultivation to an extent which is unknown ; much,
however, beyond the ftatc of improvement in any
country in Europe. In our own, which holds almoft
the firft place in the knowledge and encouragement
of agriculture, let it only be fuppofed that every fidd
in England of the lame originsd quality with thofe in
the neighbourhood of the metropolis,and confequent-
ly capable of tlie feme fertility, were by a like man-
agement made to yield an equal produce ; and it may
be afferted, I believe, with truth, that the quantity
of human provilion raifed in the ifland would be iu\

crea&d five fold. The twa prindpfesi therefore, tiiw
CO "w^hich population fecin* primarily to depend^ the
fecundity of the fpedcs, and the capacity of the foil,
would in moftt perhaps in all ^ouatyicg, enable it to*
proceed much farther than it has yet advanced^ Th^
nuaher of marriageable women, who, in each couq^
try, remain unmanried, afford a computation how
much the ageney-of. nature in the diffuuon of human
life is cramped and xontraAed \ and the quantity ot
wafte, neg^efted^ or mifmans^ed furface — ^t<^ther
with a compari^^ like the pr^ccding^ of the crop^
raifed from the foil in the ndghbourhood of popv^
lous cities, and «n*5r a perfeft ftatc of wltivation*
with thofc which.lands of equal or fuporior qi»litjf,
yield in different 6tu>tions--wiU Ihcw in what pr^s
portion the ind^igenoi)s produ^ons of the ear^ arci
capable of being farther augmented^
• The fundamental propofition upon the fbbjed of
pcpuUtim^ which muft guide every endeavour to im^
prove it, and from which every conclufion coacern«-
ing it may be deduced, is this; ^^ Wherever the
^Dunerce between the fexes is regulated by mar»
riage^ and a provifion for that mode of fubfiftence, ta
wluch each dais of the community is accuAomed,^
can be procured with eafe and certainty, there the
number of the people will increafe ; and the rapidity,
as well as the extent of the increa&, will be propor<
tioned to the degree in which thefe caufes exifl.'*

This propofitioq we will draw out into the feveral
principles which it contains*

I. Firft, the propofition afferts the ^* neceflitt of
confining the intercourfe of the fexes to the marriage
union/* It is only in the marriage union that this in«-
tercourfe is fufficiently prolific. Befide which, hxa^
ily eftabliihments alone are fitted to perpetuate a fuc<
ceilion of generations. The o^pring of a vague
and promifcuous concubinage are not only few, and
liable to periih by negleA, but are. fddom prepared
for, or introduced into fituations fuited to the raif-
ing of families of their own. Hence the advantages
of marriage* Now nsiture, in the conftitution of the

444 €^ Pofntbtim^ Prm/S$B^

fexes, has provided a ftimulus which ^11 infiaffibly^
fecure the frequency of marriages, with all their be»»
cficial effeAs upon the ftate of population, provided
the male part of the fpcdes be prohibited from ir*
regular gratifications. This impulfe, which is iiifi«
dent to furmount alihoft every impediment* Co mar*
riage, wiU operate in proportion to the difficulty, ex-<
penfe, danger, or infamy, the fenfe of guilt, or the
fear of puniihment, which attend licentious indul*
gencies. Wherefore, in countries in which fubfifl*
dhce is became fcarce, it behoves the ftate to watch
over the public morals with increafed folicitude : for
Bothing but the inftinft of nature, under the reftraint
rfchauity, will induce men to undertake the labour,
or <:x>iifent to the iacrifice of pieribnal liberty and in*
dulgence, which the fupport of a laoiiiy, in fudi cir*
cumftances, requifes.

VL The fecond requifite which our propofitiou
ftates^ as neceffary to the fuccefi of population, is^
** The eafe and certsdnty with which a provifion can
be procured for that mode of fubfiftence to which
each dais of the community is accuftomed." It Is
not enough that men's natural wants be foppliedy
that a provifion adequate to the real exigendes of
human life be attainable : habitual fupermiitks be-i
come aAual wants ; opinion and fafiiion convert ar*
tides of ornament and luxury into neceflaries of li6^
And it nraft not be expeded from men in general, at
feaft in the prefent rdaxed ftate of morals and difd-
pline, that they will enter into marriages which de«
ffrade their condition, reduce their mode of living,
deprive them of the accommodations to which they
have been accuftomed, or even of thofe ornaments or
appendages of rank and ftation, which they havebeea
taught to regard as belonging to thdr birth, or dafSj
or profeffion, or place in fodety. The fame con*
fideration, namely, a view to their accujitmed mode
of life, which is fo apparent in the luperior orders of
the people, has no le(s influence upon thofe ranks
which compofe the mafs of the community. The
kind and quality of food and liquor, thc.fpedcs rf

liabitatioit^ furoinire, and dothing, to which the
common people of each country are habituated^ muft
be attainable with eafe and certainty before marriages
wyi be ftifficiently early and general to carry the pro-
greis of popnlatioxx to its juft extent. It is in vain to
allege, that a more fimple diet, ruder habitations, or
coarfer tppsLTclj would be fuflScient for the purpofes
of Kfe and health, or even of phyiical eafe and pleaf«
ure« Men will not marry with this encouragement.
For inftance, when the common people of a country
are accuftomed to eat a large proportion of animal
food, to drink wine, fpirits^ or beer, to wear flioes
ami ftoddngs, to dwell in ftone houHes, they will not
V^rry to live 10. day cottages, ii^pop roots and milk,
%nth no other clothing than fidns, or what is aeoed
fiury to defend the trunk of the body from the e&ds
of cold ; although thefe lad ma^ be all that the fu&
tentaJtion of life and health requires, or that evien tri-
bute much to ammat comfort and enjoyment*

The ^e then, and cert:dnty, with which the means
can be procured, not barely o/^/|i)bfiflenc^ hut of that
mode of fubiiftiag which cufiom hath in each coun«
try eftabhihed, form the pcnnt upon which the ftate
and progrels of population chidSy depend. Now,
there are three caufes whidi evidently regulate this
point.. The mode itfqlf of fubfifting which prevails ^
sn the country ; the quantity of provifion fuited tp
that mode of fubiiftence, which is either ndfed in the
country, or imported into it i and lafUy, the diilri-
bution of that provifion. ^

Thefe three caufes merit dUlinA confiderations..

h The mode of living which adlually obtains in a
country. In China, where the inhabitants frequent
the fea fiiore, or ihe banks of large rivers, and fub«
M in a great meafure upon fifli, the population is
defoibed to be ejxeffive. This peculiarity arifes, not
pobably from any dvil advantages, any care or pol-
icy, any particular conftitution or fuperior vifdom 6£
government ; but fimply from hence;, that the (ped^
of food to which cuftam bath reconciled the di^es
and indisatto&a of Uie inhabitants^ u that which, of

44^ tf Poptdation^ Ptavljtmy-

all others, is pf ocUfed in the greateftabandance^ wkb
the moft eafe, and ftands in need of the leaft pfepar*
ation. The natives of Indoftan being confined, by
the laws of their religion, to the ufe of vegctaible food^
and requiring little except rice, which the country
produces in plentiful crops ; and food, in warm cK-
matcs, compofing the only want of life; thefe coun-
tries are populous, under all tht injuries of a deipotic,
and the agitations of an unfettled government. If
any revolution, or what would be called perhaps re-
finement of manners, fliould generate in thefe people
a talle for the flefli of animals, fimilar to what pre*
vails amongft the Arabian hordes ; Chould introduce
flocks and herds into grounds Which are now covers
ed with corn ; fliould teach them to account a cer-
tain portion of this fpecies of food amongft the necei^
laries of life ; the population, from this finglc change,
would faScr in a few years a great diminution : smd
this diminution would follow, in fpite of every effort
of the laws, or even of any improvement that might
take place in their <fl^41 condition. In Ireland, ths
fimplicity of living al6he maintains a confiderable de^
gree of population, under great defeds of police, iiu
duftry, and commerce. » ^

Under this head, and from a view of thefe confide
erations, may be underftood the true evil and proper
danger of luxury. Luxury, as it fupplies employment
knd promotes induftry, affifts population. But then,
there is another confequence attending it, which coun«>
terads, and often overbalances thefe advantages;
When, by introducing more fuperfluities into gene-
T2ll reception, luxury has rendered the ufual accom-
modations of life more expenfive, artificial, and elab*
orate, the difliculty of maintaining a family, con-
formably with the eftabliflied mode t)f living, becomes
greater, and what each man Has to ^are from hb
.perfonal confumption proportionably Ids : the effi^
of which is, that marriages grow lefs frequent, agree-
ably to the maxim above laid down, and which muft
be remembered as the foundation of all our reaibn*
ing ujpon the fubjeft^ that men will not. marry to,^

Agricutturci Aid Cmmrcei 447

their plaiffe or cohaitioh in ibclety; 6f id forego thoiii
indulgenciesi ivhich their own habits,- or what they
obferve ambngft their equals, have rchaered neceffary
to their fatisfaciion; This principle is applicable to
every article of diet and drcfs, to hdufts, furniture,
attendance ; and this efFecl will be felt in fevery dafs
of the community. For inftahce; the cuftom of
>Vearing broad-cloth and fine linen repays the fhep-
hcrd and fla:t-grower, feeds the liianufaclureri en-
riches thd mefchant,- gives not only fupport but cx-
iftence to multitudes of families : hitherto, thereforejj
the effeAs are beneficial ; afid wete thefe the only ef-
feels j ftich elegancies^ or, if you pleafe td call them fo,
fuch luxuries, could not be too univerfal. But here
follows the rtiifchicf : when once faffiion hstth annex*
ed the ufe of thefe articles of drefs to any certain
ciafs, the middling ranks, for example, of th^ com*
munity, each individual of that rank finds them to
be neceffdrles of life 5 that isj finds himftlf obliged to
comply with the example of his equals, alid to main-
tain that appearance u^hich the cufliom of fociety re-
qtkires. This obligation creates fuch a demand upon
his income, and withal stdds fo niuch to the coft and
burthen of a family, as to put it out of his power to
marry, with the profpeft oif continuing his habits, or
of maintaining his place and fituation in the world.
We fee, in this defcription, the caufe which induces
men to w^afte their Kves in a barren celibacy ; and
this caufe^ which impairs the very foutce of popular
tion, is juftly placed to the account of luxury.

It appears^ then, that luxury^ confidered with a
view to population, afts by two oppofite effefts ; and
it feems probable that there exifts a pcttnt in the fcale,
to which luxufy may afcend, or to which the wants
of mankind may be multiplied M^ith advantage to
the community, and beyond which the prejudicial
confequences begin to preponderate. The dctermina^
tioiw)f this point, though it afiume the form of an
arithmetical problem, depends upon circumftances
too numerous, intricate, and undefined, to admit of
a predfe folution. However, from what has beea
111

44^ Of Popidaium^ Frovi/ioTtj^

ot^crved concerning the tendency of luxury to di'
tninifh marriages, m whicH tendency the evil of it
rcfides, the following general condufions may be
eftablilhed.

I ft. That, of different kinds tff luxury, thofe are
the moft innoi^nt, which afford employment to the
greatett number of artifts.and manufaflurers ; or
thofe, in other words, in which the price of the work
beard the gresfteft proportion t6 that of the raw ma-
terial. Thus, hixury in dtc6 or furniture is univcr-?
fally preferable to luxury in eating, becaufe the art!-
ties which conftitute the one^ are more the produc-
tion of human art and iilduftry, than thofe which
fupply the other.

2dly« That it h the diffujiony rather than the de-
gree oi hixury, tvhich is to be dreaded as a national
evil. . Thtf inifchief of luxury conflfts, as we have
&en, in the obftruAion which it forms to marriage.
Now, it is only a fmall part of the (ieopl^ that the:
higher ranks in any country compofe ; for whidi
reauon, the facility or the difficulty of fupporting the
expenfe pf their ftation, and the confequent increaie
or diminution of marriages among themi will influ-
ence the ftate of population but little. So long as
the prevalency of luxury is confined to a few of ele-
vated rank, much of the benefit is felt, and little of
the inconveniency. But when the imitation of the
fame mafiners defcends, as it always will do, into the
roafs of the people ; when it advances the requifites
of living beyond what it adds to men's abilities to
purchafe them, then it is that luxury checks the for-
tnation of families, in a degree that ought to -alarm
the public fears;

3dly. That the condition moft favourable to
population is that of a laborious, frugal people, min-
iftcring to the demands of an opulent, luxurious na-
tion ; becaufe this iituation, whilft it leaves them
every advantage of luxury, exempts them from the
evUs which naturally accompany its admiifion into
any country.

Agriculture^ and Commerce. 44f

n. Next to the mode of living, we are to con*
fider " the quantity of provifion fuited to that mode,
which is either r^ifed iii the copntry, or imported in-
to it :*' for this is the order in vhicli we affigncd the
caufes pf population, anc) undertook to treat of them*
Now, if we meafure the quantity of provifion By the
number of hitman bodies it will fuppprt in due l;ie^th
and vigour^ this quantity, the extent and quality of
the foil from which it U raifed being given, will de-
pend greatly upon the kind. For inftance, a piece of
ground capable of fupplying animal food fufficient
Tot the fubfiJIence of ten perfoQs, would ffiftain, at
leaft, the double of that number with grain, roots,
and miUc. The firft refource of f^vage life is in th,e
fleih of wild animals : hence the numbers amongft
iavage nations, compared with the tradl of country
which they occppy, are univerfaHy fniall ; becaufe
this fpecies of provifion is, of all others^ fuppUed in
the flcndereft proportion* The next ftcp was the
invention of paftur^ge, or the rearing of flocks and
herds of tame aqiipals : this alteration ad^ed to the
dock of provifion much* But the laft and principal
improvement was to follow ; namely, tillage, or the
artificial production of corn, efculent plants^ and
roots. This difcovery, whilft it changed the quality
of human food, augmented the quantity in a vail
proportion. So far as the (late of population is gov
erned anfi limited by the quantity or provifion, per-
haps there is no fingle caufe that afib^ it fo poweif ul«
ly, as the kind and quality of food which chance or
ufage hath introduced into a country, {n England,
notwithftaoding the produce of the foil has been, of
late, confiderably increafed, bv the indofure of waftes^
and the adoption, in many places, of a more fucceis*
fill hulbandry, yet we dp not pbfervc a correfponding
addition to the number of inhabitants } the reafon of
which appears to me to be the more general con-
fumption of animal food amon^ us. Many ranks
of people whofe ordinary diet was, in the laft centu-
ry, prepared almoft entirely from milk, roots, and
vegetables, now require every day a confiderabe pos^

4^5^ 0/ Pofulatmy Pravijpn^

tion of the flefh of animals. Hence a great part of
the richeft hnd§ of the country are converted to
pafhirage. Much alfo* of the bread-corn, which went
dirccUy to the nqurifhment of human bodies, now
only contribqtcs to it by fattening the flelh of Iheep
and oxen. The mafs and volume of provifions arc
^hereby diminifhed j and what is gained in the me-
lioration of the foil, i? loft in the quality of the pro-
duce, lliis confideration teaches us, that tillage, as
an qbjeci: pf national cafe and encouragement, is uni-.
verfally preferable to pafturage j becaufe the kind of
provifion v^^hich it yield? goes much farther in the fut
tentation of hum^n life. T^^age is alfo recommend-r
cd by this additiqnal advantage, that it affords em-
ployment to a much more nun^erous peafantry. In*
deed, paftuj-age feems to be the art of a nation, either
imperfectly ciyili^d,as are many of the tribes which
cultivate it in the internal parts of AGa ; or of a na-
tion, like Spain, declining frqni ^ts fummit by luxu-
ry and' inaftivity.

The kind and quality of provifion, together with
the extent :^nd capacity of the foil from which it is
raifed, being the fame j the quantity procured will
principally depend upon two circumftances, the ability
of the occupier, and the encouragemp which he re-
ceives. The greatpft misfortune of a country is an
indigent tenantry. Whatever t>e the native advan-
tages of the foil, or even the fkill and induftry of the
occupier^ the want of a fufficient capital confines evr
ery plan, as well as cripples and weakens every ope-
ration of hufbandry. This eyil is felt, where agricul-
ture is accounted a fervile or rnean employment;
where farms are extremely fubdividcd, and badly fur-
jiiflied with hat>itations^ ; where leafes are unknpwn,
or are of Ihort or precarious juration. With refpeft
to the encouragement of huJflDandry ; in this, a$ in ev-
ery other employment, the true reward of induftry
is in ^hp price and fale of the produce. The exclu-
five right to the produce^ is the only incitement,
\yhich afts conftantly and uni verfally ; the only fpring
which keeps human labour in motion. AH therefore

^gricuhmrs^ and Commrcei 4i[l

tliat the k\vs can do, is to fecure this right to the oc<i
cupier of the ground, that is, to conftitute fuch a fyC
tctn of tenure, that the full and entire advantage o€
every improvement go to the benefit of the improv-P *
cr ; that every man work for himfelf, and not for
another ; and that no one fliare in the profit who.
does not aflifl in the produSion. By the occupier V
here mean, not fo much the perfon who performs J
the work, as him who procures the labour and direfts ■
the management : and I confider the whole profit as
received by the occupier, when the occupier is bene*
iitcd by the whole value of what is produced, which
is the cafe with the tenant who pays a fixed rent for
the ufe of land, no lefs than with the proprietor who
holds it as his own. The one has the lame intereft
in the produce, and in the advantage of every im-
provement, as the other. Likewife the proprietor,
though he grant out his eftate to farm, may be con-
fideredas the occupier ^ in fo much as he regulates the'
occupation by the choice, fuperintendency, and en-*
couragemeat of his tenants, by the difpofition of his.
lands, by ercfting buildings, providing accommoda^,
tions, by pi'cfcribing conditions, or fupplying imple-!
ments and materials of improvement ; and is cnti-.
tied, by the rule of public expediency above mention-
ed, to receive, in the advance of his rent, a fhare of
the benefit which arifes from the increafed produce of
his eftate. The violation of this fundamental maxim
of agrarian policy eonftitutes the chief objeftion to'
the holding of lands by the ftatc, by the king, by cor-
porate bodies, by private pcrfons in right ot their of-
jBces or benefices. The inconveniency to the public
arifes not fo much from the unalienable quality of
laqds-thus holden in perpetuity, as from hence, that*
proprietors of this defcription feldom contribute
much either of attention or expenfe to the cultiva-
tion of their eftates, yet claim, by the rent, a fhare in
the profit of every improvement that is made upon
them. This complaint can only be obviated by " long
leafes at a fixed rent," which convey a large portion
of the intereft to thofe who aftually conduft the cuU

45* Of ^vfulatkn^ ^r^vifimf

tivation. The fame objeftion is applicable to tht
holding of lands by iForcign propriiCtors, and in ibme
degree to eftates of too great extent being placed ii|
the fame hands*

IIL Befide the froduffion of provifion, there re*
mains to be confidered the distributjon. — ^It is in
vain that provifions abound in the country, unleis I
he able to obtain a ibarc of them. This reflectiou
belongs to every individual. The plenty of provifion
produceci) the quantity ' of the public flock, affords
fub^ftence to individuals, and encouragement to the
formation of f4milies, only in proportion as it }s dif^
tributedj that is, in proportion as thefe individuals are
allowed to draw from it 1 fupply of tljeir own wants.
The diftributm^ therefore, becomes of equal confe-
quence to population with the produ£liou. Now,
there is but one principle of diilribution ths^t can
ever become univerfal, namely, the principle of ** ex-
change ;'* or, in other words, that every man have
fomethipg to give in return for what he wants,
^oupty, however it may come in aid of another
principle, however it may occafionally qualify the
pgour, or fupply the imperfedlion of ap eftabjiihed
rule qf diftribvuion, can ney^r itfelf become that rule
or principle ; becaufe men will not work tq give the
produce of their labour away. Moreover, the only
equivalents that can be offered in exchange for pro*
vifion, are fower and labour^ All property is p/rwer.
What we call property in land is the power to ufe
it, and to exclude others from the ufe. Money is
the jreprefentativc of power^ becaufe it is converti-
ble into power : the value of it (:pnfifts in its fsiculty
of procuring power over things and perfons. But
/^«aer which refults from civil conventions, and of
this kind is what we call a man's fortune or eflate,
is neceiTarily confined to a few, and is withal foon
^«shaufted : whereas the capacity of labour is every
roan's natural pofleiTion, and compofes a conftant and
renewing fund. The hire, therefore, or produce of
perfonal induftry, is that which the bulk of every
community mufb bring to market^ in exchange for

Agtieulturi^ and CoThmer'^A 4$j

tht nieahs of fabfiftence ; in other words, employ^'
ment tnuft, in every country, be the medium of dift
tributidn, and the fource of fupply to individuaU.
But when we confider the prodtihion atid di/iributim
of provifion, as diftinA from, and independent of
each other ; when, fuppoiing the iame quantity to
be produced, we inquire in what way, or according
to what rule, it may be diftribiited^ we are led to a
conception of the fubjcd not at all agreeable to truth
and reality ; for, in truth and reality, though j>rovi&
ion muft be produced before it be diftribtited, yet
the produftion depends, in a great meafure, upon the
difiribution. The quantity of provifiofl raifed out of
the ground, fo far as the raiimg of it requires human
art or labour, will evidently be regulated by the de-
mand ; the defmand, or, in other words, the price
and fzde, being that which alone rewards the care^ or
ecdtesr the diligence of the hufbandman. B(it the
fale of provifion depcmls upon the number, not of
thofe who want, but of thofe who havt fomething to
offer in return for what they want } not of thofe whc>
would confume, but of thofe who can buy ; that is^
upon the number of thofe who have the fruits of
fome other kind of induftry to tender in exchange
for what they fiand in need of from the production
of the foil.

We fee, therefore, the connexion between popula-
tion and empkymenU Employment affe^s population
" direAly," as it affords the only medium of diftri-
bution by which individuals can obtain from the
common ftock a fupply for the wants of their fami-
lies : it affe6ls population " indireftly,** as it aug-
ments the ftock itfelf of provifion, in the otily way
by which the produ Aion of it can be effeftually en-
couraged, by furniihing purchafers. No man can
purchafe without an equivalent j and that equivalent,
by the generality of the people^ muft in every coun-
try be derived from employment*

And upon this balls is founded the public benefit
oi trade J that is to fay, its fubferviency to population,
in whidh its only real utility confifts. Of that ln«

454 (^f ^oputdtion^ PronH/tof^

duftryi and of thofe arts ^xxA branfihe^ of ttzdt^
t^hich are employed in the prodviftion, conveyance^
and preparation of any principal fpecies of human
food, as of the biifinefs bf the hufbandmani the
butcher^ baker, brewcrj corn-merchant, &c; we ac-
knowledge the neceflity 1 likewife of thofe tnanufac-
tures which furniili us with warm clothing, conve-
ftient habitations, domeftic utcnlilsj as of the Weaver,
taylor^ fmith, carpenter, &c. we perceive (in climates,
however, like ours^ removed at a diftance from the
fen) the condvcivcncfs to populationj by their ren-
dering human life more healthy^ vigorous, and com-
fortable. But not one half of the occupations which
compofe the trade of Europe^ fall within either of
thefe defcriptionsi Perhaps two thirds of the manu*
^adurers in England are Employed upon articles of
confefied luxury^ ornament, or fplcndor i in the fu*
perfluous embellifliment of fomc articles which arc
\ifeful in their kind, or upon others which have nd
conceivable ufe or value, but what is founded in ca-
price 6t fafhionv What can be lefs neceflary, or lefs
connefted with the fuftentation of human life, than
the whole produce of the filk, lace^ and plate manu-
faftory ? Yet what multitudes labour in the differenf
branches of thefe arts ! What can be imagined more
capricious than the fondnefs for tobacco and fnuff f
Y€t how many various occupations, and how many
thoufands in each, are fet at work in adminiftering
to this frivolous gratification 1 Concerning trades of
this kind, (and this kind comprehends more than
half of the trades that are exercifed) it may fairly be
afked, " How, fince they add nothing to the ftock of
provifion, do they tend to increafe the number of the
people ?** We are taught to fay of trade, " that it
maintains multitudes ;" but by what means does it
maintain them, when it produces nothing upon which
the fupport of human life depends ? — In like manner
with refpeft to foreign commerce ; of that merchan*
dize which brings the neceiTaries of life into a coun-
try, which imports, for example, corn, or cattle, or
cbth» or fuel, we allow the tendency to advance pop*

A^ricuhurCy and Commeru* 455

uktion, becaufe it increafes the dock of proviiion by
which the people are fubfifted. But this effeft of
foreign commerce is fo little feen in our own coun-
try, that, I believe, it may be affirmed of Great Brit-
ain, what Biftiop Berkley faid of a neighbouring ifl*
and, that, if it were encompaiTed with a wall of brais
fifty cubits high, the country might maintsun tha
fame number. of inhabitants that find fubiiftence in ic
at prei'ent ; and that every neceflary, and even every
real comfort and accommodation of human life might
be fupplicd in. as great abundance as they now arc.
Here, therefore, as before, we may fairly alk, by what
operation it is, that foreign commerce, which brings
into the country no one article of human fubfiftencc,
promotes the multiplication of human life ?

The anfwer of this inquiry will be contained ia
the difcuflion of another ; viz.

Since the foil will maintain many more than it can
employ, what muft be done, fuppofing the country
to be full, with the rer.^ainder of the inhabitants ?
They who, by the rules of partition, (and fome fuch
muft be eftablifhed in every country) are entitled to
the land j and they who, by their labour upon the
iR)il, acquire a right in its produce, will not part with,
their property for nothing ; or rather, they will no
longer raife from the foil what they can neither ufe
themfelves, nor exchange for what they want. Or
laftly, if thefe were willing to diftributc what they
could fpare of the provifion which the ground yieldp
cd, to others who had no fhare or concern in the
property or cultivation of it, yet ftill the moft enor-
mous mifchiefs would cnfue from great numbers re-
maining unemployed. The idlenefs of one half of
the community would overwhelm the whole with
confufion and difordcr. One only way prefents it-
felf of removing the difficulty which this quefiioa
itates, and which is limply this } that they, whole
work is not wanted, nor can be employed in thai
raifing of proviiion out of the ground, convert their
hands and ingenuity to the nibrication of artidqi
^ivhich may gratify and requitQ thofc whp ^e fo ta^
Kkk

45^ ^ ^^p^i^fty Provifiotti

ployed, or who, by the divifion of lands in thtf Ct)tirr«-
try, are entitled to the ekclufive poffeflion of certain
parts of them. By this contrivance aU things pro-
ceed well. The occupier of the ground raifes from
it the iitmoft that he can procure, becaufe he is re-
paid for what he can fpare by fomething elfe which
he wants, or with which he is pleafed r the ariift or
manufafturer, though he have neither any property
in the foil, nor any concern in its cultivation, is reg-
ularly fupplied with the produce, becaufehe gives, in
exchange for what he fiands in need of, fomething
upon which the receiver places an equal value : and
the community is kept quiet, while both fides arc
engaged in their refpeftivc occupations.

It appears, then, that the buiinefs of one half of
mankind is, to fet the other half at work ; that is^
to provide articles which, by tempting the defires^
may fiimulate the induftry, and call forth the ac-
tivity of thofe, upon the exertion of whofe indu^
try, and the application of whofe faculties, the pro-
duftion of human provifion depends. A certain
portion only of human labour is, or can be, pro^
dudive ; the reft is in/irum^tal^^hoth equally neceC-
fary, though the one have no other objeA than
to excite the other. It appears alfo, that it figni-
fies nothing as to the main purpofe of trade, how
fuperftuous the articles which it furnifhes are ;
whether the want of them be real or imaginary ;
Vhether it be founded in nature or in opinion, in
faftiion, habit, or emulation ; it is enough that they
be aftually defired and fought after. Flourifliing
cities are raifed and fupported by trading in tobacco :
populous towns fubfift by the manufactory of rib-
bons. A watch may be a very unneceflary append-
age to the drefs of a peafant ; yet if the peafant wiH
till the ground in order to obtain a watch, the true
defign of trade is anfwered : and the watch-maker,
/while he polilhes the cafe, or files the wheels of his
machine, is contributing to the produdion of corn as
cffeftually, though not fo diredly, as if he handled
^e fpade, or hdd the plough. The uk of tobacc«^

Agrietdhare^ and Commerm 4J7

has tseen aientioned already, not only at an ackaowU
edged fuperfluity, but as affording a remarkable ex-
ample of the caprice of human appetite ; yet, if the
fifiierman will ply his nets, or the mariner fetch rice
from foreign countries, in order to procure to himfelf
this indulgence, the market is fupplied with two
important articles of provifion,by the inftrumentality
of a merchandize^ which has no other apparent ufe
than the gratification of a vitiated palate.

But it may come to pafs that the hufbandman,
land-owner, or whoever he be that is entitled to the
produce of the foil, will no longer exchange it for
what the manufadurer has to offer* He is already
fupplied to the extent of his defires. For inftance,
be wants no more cloth ; he will no longer therefore
give the weaver corn, in return for the produce of
bis looms j but he would readily give it for tea, or
for wine. When the weaver finds this to be the cafe,
he has nothing to do but to fend his cloth abroad in
exchange for tea or for wine, which he may barter
for that provifion which the offer of hb doth will no
longer procure. The circulation is thus revived j
ancT the benefit of the difcovery is, that, whereas the
number of weavers, who could find fubfiftence from
their employment, was before limited by the con*
fumption of doth in the country, that number is now
augmented, in proportion to the demand for tea and
for wine. This is the principle of foreign commerce*
In the magnitude and complexity of the machine,'
the principle of motion is lometimes loft or unob-
{erved; but it is always fimple and the fame, to
whatever extent it may be diverfified and enlarged
in its operation.

The effeft of trade upon agriculture, the procefsof
which we have been endeavouring to defcribe, is vifi^
ble in the neighbourhood of trading towns, and in
thofe diftrids which carry on a communication with
the markets of trading townst The hufbandmen are
bufy and fkilful ; the peafantry laborious ; the knd
is managed to the beft advantage ; and double the
quantity of corn or herbage (artides which are ttlti«9

45* Of Populattofiy Provtjion^ •

matdy converted into human provifion) raifed from
it, of what the fame foil yields in remoter and more
xieglefted parts of the country. Wherever a thri-
ving manufactory finds means to eftablifli itfelf, a
new vegetation fprings up around it, I believe it is
true that agriculture never arrives at any conlidera-
ble, much lefs at its higheft degree of perfection,
where it is not connefted with trade, that is, where
the demand for the produce is not increafed by the
confumption of trading cities.

Let it be remembered then, that agriculture is the
immediate fource of human provifion ; that trade
conduces to the produftion of provifion only as it
promotes agriculture j that the whole fyftem of com*
xnerce, vaft and various as it is, hath no other public
importance than its fubfcrviency to this end.

We return to the propofition we laid down, ** that
employment univerlally promotes population." From
this propofition it follows, that the comparative util-
ity of diflFerent branches of national commerce is
meafured by the number which each branch employs^
Upon v/hich principle a fcale may qafily be conftruft-
cd, which fliall afiign to the feveral kinds and divi-
fions of foreign trade their refpedive degrees of pub-r
He importance. In this fcale the Jirjl place belongs
to the exchange of wrought goods for raw materials,
as of broad-cloth for raw filk j cutlery for wool j
clocks or watches for iron, flax, or furs ; becaufe this
traffic provides a market for the labour that has al-
ready been expended, at the fame time that it fup^
plies materials for new induftry. Population always
flourifhes where this fpeqies of commerce obtains to
any confiderable degree. It is the caufe of employ-*
ment, or the certain indication. As it takes off the
manufadures of the country, it promotes employ-,
xnent ; as it brings in raw materials, it fuppofes the
cxiftence of manufaftories in the country, and a de-
mand for the article when manufactured.— -The fec^
end place is due to that commerce, which barters one
fpecics of wrought goods for another, as ftufis for
calicoes, fuftians for cambrics, leather for paper, or

Jgrlculturej and Cmmere^. 45^

wrought goods for articles which require no farthe*
preparation, as for wine, oil, tea, fugar, &c. This
alfo afllfts employment ; becaufe, when the country is
ftocked with one kind of manufacture, it renews the
demand by converting it into another : but it is in*
ferior to the former, as it promotes this end by one
fide only of the bargain — by what it carries out.— ^
The laji^ theloweft, and moft difadvantageous fpeciea
of commerce, is the exportation of raw materials in
return for wrought goods : as when wool is fent
abroad to purchafe velvets ; hides or peltry to pro^
cure flioes, hats, or linen cloth. This trade is un-
favourable to population, becaufe it leaves no room
or demand for employment, either in what it takes
out of the country, or in what it brings into it. Its
operation on both fides is noxious. By its exports
it diminifhes the very fubjecl upon which the induf-
try of the inhabitants ought to be exercifed ; by its
imports it leffens the encouragement of that induftry,^
in the fame proportion that it fupplies the confump.
tion of the country with the produce of foreign la-
bour. Of different branches of manufaSlory^ thofe are,
in their nature, the moft beneficial, in which the
price of the wrought article exceeds in the higheft
proportion that of the raw material: for this ex-
cels meafures the quantity of employment, or, in oth-
er words, the number of manufafturers which each
branch fuftains. The produce of the ground is never
the moft advantageous article of foreign commerce.
Under a perfect ftate of public economy, the foil of
the country fliould be applied folely to the raifing of
provifion for the inhabitants, and its trade be fupplied
by their induftry. A nation will never reach its
proper extent of population, fo long as its principal
commerce confifts in the exportation of corn or cat-
tle, or even of wine, oil, tobacco, madder, indigo,
timber ; becaufe thefe laft articles take up that fur-
face which ought to be covered with the materials
of human fubuuence.

It muft be here however noticed, that we have all
along conixdered the inhabitants of a country as

4So Cf Papulatimy Pnfvi/Saft^

maintuned by the produce of the country ; and that

v^hat we have faid is applicable with ftri Anefs to this
fuppoiition alone. The reafoning, neverthelefs, may
eafily be adapted to a different cafe ; for when pro-
vifion is not produced, but imported^ what has been af-
firmed concerning provifion, will be, in a great meaf-
ure,trueof that article, whether it be money, produce,
or labour, which is exchanged for provifion. Thus,
when the Dutch raife madder, and exchange it for
corn ; or when the people of America plant tobacco,
and fend it to Europe for cloth ; the cultivation of
madder and tobacco becomes as neceilary to the fub*
fiftence of the inhabitants, and by confequence will af-
feft the ftate of population in thefe countries as fenfu
bly, as the adual produdion of food, or the manu-
factory of raiment. In like manner, when the fame
inhabitants of Holland earn money by the carriage of
the produce of one country to another, and with that
money purchafe the provifion from abroad which
their own land is not extenfive enough to fupply, the
increafe or decline of this carrying trade will influ*
ence the numbers of the people no lefs than fimilar
changes would do in the cultivation of the foil.

The few principles already eftablifhcd will enable
us to defcribe the effefts upon population which may
be expe&ed from the following important articles of
national condu<ft and economy.

L Emigration. Emigration may be either the
overflowing of a country, or the defertion. As the
increafe of tho fpecies is indefinite ; and the number
of inhabitants, which any given tract of furface can
fupport, finite ; it is evident that great numbers may •
be conftantly leaving a country, and yet the country-
remain conftantly full. Or whatever be the caute
which invincibly limits the population of a country,
when the number of the people has arrived at that
limit, the progrels of generation, befide continuing
the fucceffion, will fupply multitudes for foreign emi-
gration. In thefe two cafes emigration neither indi-
cates any political decay, nor in truth diminifhes the
number of the people > nor ought to be prohibited

AgtUuhutBy and Comfnereii 4^1

or difcouf aged. But emigrants may relinquifh their
country from a fenfe of infccurity, oppreffion, an-
noyance, and inconveniency. Neither, again, here is
h emigration which waftes the people, but the evila
that occafion it. It would be in vain, if it were prac-
ticable, to confine the inhabitants at home } for the
feme caufes which drive them out of the country^
would prevent their multiplication if they. remained
in it. Laftly, men may be tempted to change their
fituation by the allurement of a better climate, of a
more refined or luxurious manner of living ) by the
profpect of wealth; or, fometimes, by the mere nom-
inal advantage of higher wages and prices. This clafs
of emigrants, with whom alone the laws can inter-
fere with effect, will neVer, I think, be numerous.
With the generality of a people, the attachment of
mankind to their homes and country, the irkfome*
nefs of feeking new habitations, and of living amongft
ftrangers, will outweigh, fo long as men poiTefs the
neceflaries of Kfe in fafety, or at leaft fo long as they
can obtain a provifion for that mode of fubfiftence^
which the dab of citizens to which they belohg are
accuftomed to enjoy, all the inducements that the ad*
vantages of a foreign land can offer. There apj^ear,
therefore, to be few cafes in which emigration can
be prohibited with advantage to the ftate ; it appears
alfo that emigration is an equivocal fymptom, which
will probably accompany the decline of the political
body, but which may likewife attend a condition of
perfeft health and vigour.

II. Colonization. The only view under whick
our fubjed will permit us to confider colonization^ is in
its tendency to augment the population of the parent
flate. Suppofe a fertile, but empty ifland, to lie
within the reach of a country, in which arts and
manufafhires are already eftabliflied ; fuppofe a colo-
ny fent out from fuch a country to take poffeffion of
the ifland, a<id to live there under the protection and
authority of their native government ; the new iet-
tiers will naturally convert their labour to the culti-
vation of the vacant foil, and with the produce of

461 Of Population^ FrovifioHy

that foil, wUl draw a fupply of manufactures from
their countrymen at home, Whilft the inhabitants
continue few, and the lands cheap and frcfli, the col-
onifts will find it eafier and more profitable to raife
corn, or rear cattle, and with corn and cattle, to pur-
chafe woollen cloth, for inftance, or linen, than to
fpin or weave thcfe articles for themfelves* The
mother country, meanwhile, derives from this con-
nexion an incrcafe bothof provifion and employment.
It promotes at once the two great requifites, upoa
which the facility of fubfiftencc, and, by confequence,
the ftate of population, depend, produSion and diJirU
bulioriy and this in a manner the nioft direct and bene-
ficial* No fituation can be imagined more favoura-
ble to population, than that of a country which
works up goods for others, whilft thefe others are
cultivating new trads of land for them. For as,
in a genial climate, and from a frefh foil, the labour
of one man will raife provifion enough for ten, it is
manifeft that, where all are employed in agriculture,
much the greater part of the produce will be fpared
from the confumption ; and that three out of four,
at leaft, of thofe who are maintained by it, will rcfide
in the country which receives . the redundancy.
When the new country does not remit provifion to
the old one, the advantage is lefs ; but ftill the expor-
tation of wrought goods, by whatever return they
are paid for, advances population in that fecondary
way, in which thofe trades promote it that are not
employed in the produftion of provifion. Whatever
prejudice, therefore, fomc late events have exdted
againft fchemes of colonization, the fyftem itfelf is
founded in apparent national utility ; and what is
more, upon principles favourable to the common in-
tcreft of human nature : for it does not appear by
what other method newly difcovered and unfre-
quented countries can be peopled, or, during the in-
fancy of their eftablifliment, be prote<fled or fuf^lied.
The error which we of this nation at prefcnt lament,
feems to have confifi:ed not fo much in the original
formation of colonies, as in the fubfi^quent manage*

Agriculture^ and Cmmerce. 4^3

mcnt ; in impoiing rcftriftions too rigorons, or in
continuing them too long ; in not perceiving the
point of time when the irrefiftible order and progrefi
of human affairs demanded a change of laws and
policy.

III. Money. Where mone^ abounds, the people
are generally numerous : yet gold and filver neither
feed nor clothe mankind ; nor are they in all coun-
tries converted, into provifion by purchafing the nc-
teffaries of life at foreign markets ; nor do they;,^a
any country, compolc thofe articles of pcrfonal or
domeftic ornament, which certain orders of the com-
munity have learnt to regard as neceffaries of life, anA
without the means of procuring which they will not
enter into family eiiablifliments — at leaft this proper-
ty of the precious metals obtains in a very fmall de-
gree. The effed of money upon tht number of the
people, though vifible to obfervation, is not explained
without fome difficulty. To underftand this con*-
nexion properly, we muft return to the propofitioa
with which we concluded our reafoning upon the
fubjeft, " that population is chiefly promoted by em-
ployment.'* Now of employment mpncy is partly
the indication, and partly the caufc. The only way
in which money regularly and fpontaneoufly fi(ym
into a country, is in return for the goods that are Tent
out of it, or the work that is performed by it j an4
the only way in which money is retained in a Country,
is by the country fupplying, in a great meafure, its
own confumption of manutactures. Confequentljr,
the quantity of money found in a country, denotes ,
the amount of labour and employment ; but iiill
employment, not money, is the caufe of population ;
the accumulation of money being nierely a collateral
c£fc£i of the lame caufe, or a circumftance which ac-
companies the cxiftence, and meafures the operation
of that caufe. And this is true of money only .whiift
it is acquired by the induftry of the inhabitants.^ The
. treafures which belong to a country by the poffeffiQU
of mines, or by the exaction of tribute from foreign
dq)endendies» a&urd .np cancluiiao cpncernii^g the

4^4 Of fapulatwny Protnfim^

ilate of population. The influx from thefe fources
may be immenfe, and yet the country remain poor
and ill peopled ; of which we fee an egregious exam-
ple in the condition of Spain, fince the acquifition
of its South American dominions*

But, iecondly, money may become alfo a real and
an operative caufe of population, by acting as a ftimu«
lus to induftry, and by facilitating the means of fub-
l^ilence. The eafe of fubiiftence, and the encourage-
ment of induftry, depend neither upon the price of
labour, nor upon the price of provifion, but upon the
proportion which the one bears to the other. Now
the influx of money into a country naturally tends
to advance this proportion ; that is, every frefli ac-
ceflion of money raifes the price of labour before it
raifes the price of provifion. When money is
brought from abroad, the perfons,be they who will^
' into whofe hands it firft arrives, do not buy up pro-
vifion with it, but apply it to the purchafe and pay-
ment of labour. If the ftate receives it, the ftate dif-
penfes what it receives amongft foldiers, failors, arti-
ficers, engineers, fliipwrights, workmen : if private
perfbns bring home treafures of gold and filver, they
tifually expend them in the building of houfes, the
improvement of eftates, the purchafe of furniture,
dreis, equipage, in articles of luxury or fplendor : if
the merchant be enriched by returns of his foreign
commerce, he applies his increafed capital to the en-
largement of hb bufinefe at home. The money ere
long comes to market for provifion, but it comes
thither through the hands of the manufaAurer, the
artift, the hu&andman and labourer. Its effeA, there-
fore, upon the price of art and labour will precede its
efied upon the price of provifion ; and, during the
interval between one efiecl and the other, the means
of iubfiftence will be multiplied and facilitated, as well
as induftry be excited by new rewards. WTien the
greater plenty of moiley iii circulation has ptoduced
an advance in the price of provifion, correfponding
to the advanced price of labour, its tSt& ceafes. The
labourer no longer gains any thing by the increafi: of

Aprktdturej and Cmmerce^ 4^5

his wages. It U not, therefore, the quantity of fpecie
coUeAed into a country, but the continued increafe
of that quantity, from which the advantage arifes to
employment and population. It is only the acceffion
of money which produces the e&d, and it is only by '
money conllantly flowing into a country that the ef-
fcft can be conftant. Now whatever confequencc
arifes to the country from the influx of money, the
contrary may be expeded to follow from the dimi-
nution of its quantity ; and accordingly we find, that
whatever caufe drains oflFthe fpecie of A country, fail*
er than the ftreams which feed it can fupply, not only
impoveriflies the country, but depopulates it. The
knowledge and experience of this effeft have given
occafion to a {Arafe which occurs in almoft every dif-
courie upon commerce or politics. The^^i^m^ of
trade with any foreign nation is laid to be againft or
in favour of a country, fimply as it tends to carry
mone^ out, or to bring it in ; that is, according as
the price of the imports exceeds or falls Ihort of the-
price of the exports. So invariably is the increafe or
diminution of the fpecie of a country regarded as a
teft of the public advantage or detriment which arifes
from any branch of its commerce.

IV. Taxation. As taxes take nothing out of a
country ; as they do not diminifii the public ftoclc^
only vary the diftribution of it, they are not necefla-
rily prejudicial to population. If the (late exaft mo«
ney from certain members of the community, ihe
difpenfes it aUb amongft other members of the fame
community. They who contribute to the revenue,
and they who are fupported or benefited by the ex-
penfes of government, are to be placed one againft
the other j and whilft what the fubfiftencc of" one
part is profited by receiving, compenfates for what
that of the other fufiers by paying, the common fund
of the fociety is not lefiened. This is true : but it
muft be obferved, that although the fum diftributed
by the ftate be always equal to the fum coUe^d from
the people, yet the gain and lols to the means of fub*
flftence vsay be very unequal ; and the balance wi

4^ Of ^cputatwrt^ Prmjtm^

rctfiairt tin the wrong or the right fide df the accmxnt,
according as the money paffe^ by taxation from tho
induftrious to the idle, from the many to the few,
from thole who want to thofe who abound, or in a
contrary direction. For inftance, a tax upoti coaches,
to be laid out in the repair of roads, would probably
improve the population of a neighboxirhood ; a tax
upon cottages, to be ultimately expanded in the pur-
chafe and fupport of coaches, would certainly dimin-
iih it. In like manner, a tax upon wine or tea dif.
tributed in bounties to fifhermen or hufbandmcn,
would augment the provifion of a country ; a tax
upon fiflierics and hufbandry, however indircft or
concealed, to be converted, when raifed, to the pro-
curing of wine or tea for the idle and opulent^ would
naturally impair the public ftock. The effeft, there-
fore, of taxes upon the means of fubfiftence depends
not fo much upon the amount of the fum levied, as
upon the oWe£l of the tax, and the application^
Taxes Hkewife may be fo adjufted as to conduce to
the reftraint of luxury, and the correflion of vice j
to the encouragement of induftry, trade, agriculture,
and marriage. Taxes, thus contrived, become re*
wards and penalties ; not only fourccs of revenue,
but inftruments of police. Vices* indeed themfelvea
cannot be taxed without holding forth fuch a condi.
tional toleration of them as to deftroy men's percep^
tlon of their guilt : a tax comes to be confidered as a
commutation : the materials, however, and incai-
tives of vice may. Although, for inftance, drunken-
nefs would be, on this account, an unfit objeft of
taxation, yet public houfes and fpirituous li(juors arc
very properly fubje^ed to heavy impofts.

Neverthelefs, although it may be true that taxes
cunnot be pronounced to be detrimental to popula-
tion, by any abfolute neccflity in their nature; and
though, under fome modifications, and when urged
only to a certain extent, they may even operate in
favoLu- of it 5 yet it will be found, in a great plurality
of inftances, that their tendency is noxious. Let it
be fuppofed that nine families inhabit a neighbour-*

hood, each poflelling barely the means of fubfiftence^*
or of that mode of fubfiftence which cuftom hath
cftabliihed amongft them j let a tenth family be quar-
tered upon thele, to be Supported by a tax raifed
from the nine ; or rather, kt one of the nine have
his income augmented by a finiilar deduAion from
the incomes of the reft : in either of thefe cafes, it is
evident that the whole diftrict would be broken up.
For as the entire income of each is fuppofed to be
barely fufficient for th$ eftabliihment which it main-
tains, a dedu^ion of any part deftroys that eftablifh-
ment. Now it is no anfwer to this objeAion, it is
no apology for the grievance, to fiiy, that nothing is
taken out of the neighbourhood ; that the ftock is
not diminiihed ; the mifchief is done by deranging
the diftribution. Nor, again, is the luxury of one
family, or even the maintenance of an additional
family, a recompenfe to the country for the ruin of
nine others. Nor, laftly, will it alter the cffeft,
though it may conceal the caufe, that the contribu*
tion, inftead of being levied diredUy upon each day's
wages, is mixed up in the price of fome article of
conftant ufe and confumption, as in a tax upon can-
dles, malt, leather, or fuel. This example illufirates
the tendency of taxes to obftrucl fubfiftence ; and
the minuteft degree of this obftruftion will- be felt in
the formation of families. The example, indeed,
forms an extreme cafe : the evil is magnified, in or-
der to render its operation diftinfl: and vifible. In
real life, families may not be broken up, or forced
from their habitation, houfes be quitted, or countries
fuddenly deferted, in confequence of any new impo-
fition whatever J but marnages will become gradu-
ally left frequent.

It feems neceftary, however, to diftinguilh between
the operation of a new tax, and the effcd of taxes
which have been long eftabUihed. In the courfe of
circulation the money may flow back to the hands
from which it was taken. ITie proportion between
the fupply and the expenfe of fubfiftence, which had
been difeurbed by the tax, may at length recover it-

46S Of Pcpulation^ fr^ifuKn^

ielf again. In the inflance juft now ftated) the addi-
tion of a tenth family to the neighbourhood, or the
enlarged expenfes of one of the nine, may, in fome
ihape or other, fo advance the profits, or increafe the
employment of the reft, as to make full reftitution
iox the Ihare of their property of which it deprives
them ; or, what is more hkely to happen, a redu^on
may take place in their mode of living, fuitecf to the
abridgment of their incomes. Yet ftill the ultimate
3^nd permanent effed of taxation, though diftinguifli-
able from the impreflion of a new tax, is generally
adverfe to population. The proportion above fpoken
of, can only be reftored by one fide or other of the
following alternative : by the people either contract-
ing their wants, which at the fame time diminiihes
confumption and employment; or by raifing the
price of labour, which neceflarily adding to the price
of the produdions and manufactures of the country^
checks their fale at foreig{i markets* . A nation
which is burthened with taxes, muft always be un-
derfold by a nation which is free from them, unlels
the difference be made up by fome fingular advantage
^f dimatc, foil, (kill, or induftry. This quality be*
longs to all taxes which affeft the mafs of the com-
munity, even when impofed upon the propereft ob*
jefts, and applied to the faireft purpofes. But abufes
are infeparable from the difpofal of public money.
As governments are ufually adminiftered, the produce
of public taxes is expended upon a train of gentry, in
the maintaining of pomp, or in the purchafc of influ-
ence. The convertion of property, which taxes ef*
feftuate, when they are employed in this manner, is
attended with obvious evils. It takes from the in-
duftrious to give to the idle ; it increafes the number
of the latter ; it tends to accumulation ; it facrifices
the conveniency of many to the luxury of a few ; it
makes no return to the people, from whom the tax
is drawn, that is fatisfadory or intelli^ble ; it en-
courages no a£Uvity which is ufeful or produftive.

The fum to be raifed being fettled, a wife ftatefman
will contrive his taxes principally with a view to

Agriculture^ and Commerce. 4(^9

their fSk& upon population ; that is, he will fo adjuft
them, as to give the leaft poflible obftruftion to thofe
means of fubfiftence by which the mafs of the com-
munity is maintained. We are accuftomed to an
opinion, that a tax, to be jufl, ought to be accurately
proportioned to the circumilances of the pcrfons who
pay it. But upon what^ it might be afked, is this
opinion founded ; unlefs it could be fhown that fuch
a proportion interferes the leaft with the general con-
veniency of fubfiftence ? Whereas I fhould rather bc^
lieve, that a tax, conftrufted with a view to that con-
veniency, ought to rife upon the different claffes erf
the community, in a much higher ratio than the
fimple proportion of their incomes. The point to be
regarded, is not what' men have, but what they can
fpare ; and it is evident that a man who poffeffes a
thoufand pounds a year, can more eafily give up a
hundred, than a man with a hundred pounds a year
can part with ten ; that is, thofe habits of life which
are reafonable and innodfent, and upon the ability to
continue which the formation of families depends^
will be much lefe affedled by the one deduAion thaa-
the other : it is ftill more evident, that a man of a
hundred pounds a year would not be fo much dit
treffed in his fubfiftence, by a demand from him of
ten pounds, as a man of ten pounds a year would be
by thelois of one: to which we muft add, that the
population of every country being repleniflicd by the
marriage of the loweft ranks of the fociety, their ac-
commodation and relief become of more importance
to the ftate, than the convenicncy of any higher but
Icfs numerous order of its citizens. But whatever
be the proportion which public expediency dircds,
whether the fimple, the duplicate, or any higher c^
intermediate proportion of men's incomes, it can
never be attained by zny Jingle tax ; as no fingle object
of taxation can be found, which meafures the ability
of the fubjecl with fufficient generality and exaftneis.
It is only by a fyftem and variety of taxes mutually
balancing and equalizing one another, that a due
proportion can be preferved. For inftance, if a tax

47o (^ Pffpukticn^ Provj/S^^

ttpon lands prefs with greater hardflup upon thofir

who live in the country, it may be properly counter-
poifed by a tax upon the rent of houfes, which will
affect principally the inhabitants of large towns.
Diftinclions may alio be framed in fome taxes, which
ihall allow abatements or exemptions to married per-
sons ; to the parents of a certain number of legiti-
mate children ; to improvers of the foil ; to particu-
lar modes of cultivation, as to tillage in preference to
paflurage ; and in general to that induftry which is
immediately /^ra/r/5/^r, in preference to that which
is only in/irumcntal : but, above all, which may leave
the heavieft part of the burthen upon the methods,
whatever they be, of acquiring wealth without induf-
try, or even of fubftfting in idlenefs,
. V. Exportation of bread-corn. Nothing
ieems to have a more pofitive tendcncy.to reduce the
number of the people, than the fending abroad part
of the provifion by which they are maintained ; yet
this has been the policy of kgiflators very ftudious of
the improvement of their country. In order to rec-
oncile ourfclves to a praAice, which appears to mil-
itate with the chief intereft, that is, with the popu-
lation of the country that adopts it, we muft be re-
minded of a maxim which belongs to the productions
both of nature and art, *' that it is impoffiblc to have
enough without a fuperfluity.*' The point of fuffi-
cicncy cannot, in any cafe, be fo exactly hit upon, as
to have nothing to ^are, yet never to want. ITiis is
peculiarly true of bread-corn, of which the annual
increafe is extremely variable. As it is neceifary
that the crop be adequate to the confumption in a
year of fcarcity, it muft, of confequence, greatly ex-
ceed it in a year of plenty. A redundancy therefore
will occafionally arife from the very care that b taken
to fccure the people againft the danger of want j and
it is manifeft that the exportation of this redundancjr
fubtrafts nothing from the number that can regular-
ly be maintained by the produce of the foil. More-*
over, as the exportation of corn, under the(e circam*
fiances, is attended with no dined injury t^popuki-

Agriculture f and Commerce* ^fi

tion, fo the benefits, wllicfi indireftly arife to popu*
lation from foreign commerce^ belong to this, in
tdmmdh with other fpedcs of tride j together with
the peculiar advantage of prefenting a conftant in-
citement to thd Ikill and indiiftry df the hufband*
inan^ by the promife of a certain fale and an adequate
pricej under every Contingency of feafon and pro-
duce. There is andthei* fituatioil, in which corn may
tiot only be exported, but in which the people can
thrive! by ho other means j thakis,of a newly fettled
feduiltry with a fei'tile foil. The exportation dt a
large proportion of the corn which a country produ*
r:6s, proves, it is true, that the inhabitants have not
^et attained to the nUmbef Which the country is ca*^
pable of maintaining ^ but it does not prove but that
they may b6 haftenmg to this limit With the utmoft

})raaicable celerity^ which is the perfeftion to be
ought for in a youtid; eftabli(hment« In all cafes
except thofe two, and in the former of them to any
greater degree than what is neceflary to take oft oon
cafional redundancies^ the exportation of Corn is
either itfelf noxious to population, of argues a defcSt
of population arifing from fome other caufe»

VL Abridgment of labour^ ' It has long been
biade a queilion, whether thofe mechanical contri*
Vances, which abridge labour^ by performing the fame
Work by fewer hands, be detrimental or not to the
population of a Country* From what has been de*
livered in preceding parts of the prefent chapter, it
will be evident that this queftion b equivalent to
another, whether fuch Contrivances diminiih or not
the quantity of employments Their firft and mdk ob»
vious eflfeft undoubtedly is this ; becaufe if one man
be made to do what three men did before, two are
immediately difcharged : but if, by fome more gen*
eral and remoter confequence, they incfeafe the de«
mand for work, or, what is the fatne thing, prevent
the diminution of that demand, in a greater propor*
tion than they contraft the numberof nands by which
It is performed, the quantity of employment, upon
the wholei will gain an addition. Upon which prin-
Mm m

472 Of Popuhtkriy Provifion^

ciple it may be obferved, firftly, that whenever a mpc-
chanical invention fucceeds in one place,it is neceffary
that it be imitated in every other where the fame
manuiFaclure is carried on ; for it is manifeil that he^
who has the benefit of a concifer operation, will foon
outvie and underfell a competitor who continues to
ufe a more circuitous labour. It is alfo true, in the
£bcond place, that whoever f.rji difcover or adopt a
mechanical improvement, will, for fome time, draw-
to thcmfelves an increafe of employment ; and that
this preference may continue even after the improve-
ment has become general : for, in every kind of
trade^ it is not only a great but permanent advantage,
to have once pre-occupied the public reputation.
Thirdly, after every fuperiority which might be de-
rived from the pofleffion of a fecret has ceaied, it may
be well queftioned, whether even then any lofs can
accrue to employment. The fame money will be
fpared to the fame article ftill. Wherefore, in pro-
portion as the article can be afforded at a lower price^
by'reafon of an eafier or fliorter procefe in the man-
ufacture, it will either grow into more general ufe,
or an improvement will take place in the quality and
fabric, which will demand a proportionable addition
of hands. The number of perfons employed in the
manufaftory of (lockings has not, I apprehend, de-
crcafed, fince the invention of flocking mills. The
amount of what is expended upon the article, after
fubtrafting from it the price of the raw material, and
confequently what is paid for work in this branch of
our manufaclories, is not lefs than it was before.
Goods of a finer texture are worn in the place of
coarfer. This is the change which the invention has
produced ; and which compenfates to the manufac*
tory for every other inconveniency. Add to which,
tliat in the above, and in almoft every inftance, an
improvement which conduces to the recommenda*
tion of a manufaftory, either by the cheapnefs or the
quality of the goods, draws Up after it many depend-
ent employments, in which no abbreviation has taken
place.

Agriculture^ and Commerce. 473

From the reafoning that has been purfued, and the
various confiderations fuggefted in this chapter, a
judgment may, in fomie fort, be formed, how far
regulations of law are in their nature capable of con-
tributing to the fupport and advancement of popu-
lation. I fay how far : for, as in many fubjeds, fo
cfpecially in thofe which relate to commerce, to
plenty, to riches, and to the number of people, more
is wont to be expefted from laws, than laws can do.
Laws can only imperfectly reftrain that diffolutenefs
of manners, which, by diminifhing the frequency of
marriages, impairs the very fource of population.
Laws cannot regulate the wants of mankind, their
mode of living, 9r their defire of thofe fuperfluities
ivhich fafhion, more irrefiftible than laws, has once
introduced into general ufage ; or in other words,
has erecled into neceffaries of life. Laws cannot in-
duce men to enter into marriages, when thecxpenfes
of a family muft deprive them of that fyftem of accom-
modation to whigh they have habituated their expec-
tations. Laws, by their proteftion, by afiuring to the
labourer the fruit and profit of his labour, may help
to make a people induftrious ; but, without induftry,
the laws cannot provide either fubfiftence or employ-
ment : laws cannot make corn grow without toil
and care ; or trade flourilh without art and diligence.
In fpite of all laws, the expert, laborious, honeft
workman will be employed, in preference to the lazy,
the unfkilful, the fraudulent, and evafive ; and this
is not more true of two inhabitants of the fame vil-
lage, than it is of the people of two different coun-
tries, which communicate either with each other, or
with the reft of the world. The natural bafis of
trade is rivalfhip of quality and price ; or, which is
the fame thing, of fkill and induftry. Every attempt
to force trade by operation of law, that is, by com-
pelling perfons to buy goods at one market, which
they can obtain cheaper and better from another, h
fure to be either eluded by the quick-fightedne& and
inceffant activity of private intereft, or to be fruf-
trated by retaliation. One half of the commercial

4?4 (^ Pppuhftictty Provifiopp

}a,ws of m^Dy ftates ^e calculated n^erely to couotCTjr
aft the reftriclioxis which h^yc been impofed by ptK-
jcr ftates.. Perhaps .the only way in which the ipterr
jpofitipn of law ^ falut^-y in tracjc^ is jn the prcyenr
tipn o^ frauds.

"tText to the Jndifpen{able requifites of iatcrn;d
peace and fecjurity^ the chief advantage which can
TC derived to population from jthe interference- of
law^ appears to xne to cpniift in the encouragement
pf (fgriculture. T^is, ajt leaft, ij the djireft way of inr
jcrcaiing jtlie n»mbej: of the people ; every other
piode beifig effeOnal only by its influence upon this.
Kov the prindpal expedient by which fuch t purr
i)o(e can be promoted, is to adjuft the laws of propr
ferty, |5a peany as poffible, to the following rules :
firu, *5 to give to the occupier all the power over
jthe foil which is necef&ry for its perfeft cultivation j'^
iecondly, " to aifign the wtole profit of every im-
proyepienf to t^e pe^fons by y^hofe aftivity it is car?
tied pn.'f What we call property in land, as hatl^
^en pbferved ftboye^ is power over it. Now it is in-
jlifiercnt to the public in whofe hands this power rcr
fides, if it be rightly ufed : it matters not to whonj
the land belongs, it it be well cultiyated. When we
lament that great eftates are often united in the famg
jfciand, or cpmpla|n that ope man poflefles what woul^
be fufficient for a thoufand, we fufFer purfelyes tp
\k mifled by words. ' The owner of ten thoufiin4
pounds a year confum^s little iiiore of the produce of
pe foil than the oiyner of teii pounds a year. If the
cultivation l>e equal, thp eftate, in the hand§ of one
great lord, affords fub(i(]tence apd employment to the
lame pumber of perfons as it would dp if it were dir
vided gtmpngft a hundred proprietors. In like mau-
fier we plight to judge of the effei3: upop thp public
intereft, which may arife frofn lands being holden by
the king, or by the fubject \ by private perfops, or
by corporations ; by laymen, pr ecclefiaftics ; in fec^
or for life ; by virtue of office, or in right of inhere
itance. Ido not mean that thefe varieties make nq
difference, but \ mean that ^1 the difference they dc^

^griofliurf^ and Gammerce. 475

in^ke refppcts jtbe pulUyatiop of the lands wl^iph are
jib holcjci). [

There €xJft in this country conditians of tenure
*vhicb condemn the land itfclf to perpetual fterUity.
^iFtfiis Jfind is tlifi right of coinmon^ which precludes
f a^ proprietor from tlw? improvement, or even the
/ronyppient occupation, of his eftate, without (what
Seldom Qp be obtained) the confent of many others.
This tepHre is alfo ufually cmbarraffed by the inter^
iereoce of mondial clainns, under which it often hap^
pcn$ that the furface belongs to one owner, and the
jfbil to another \ fo that neither OMjncr can ftir a clod
wit})0|^t jhe concurrence of his partner in the prop-
ierty. In many manors, the tenant is reftrained froni
granting ka^ beyond a (hort term of years ; which
{renders every plan of folid improvement impra£iica-
Lie, Ip thefe cafes the owner wants, what^the lirfl
f ule of rational policy requires, *♦ fufficient power
over the foil for its pecfpft cultivation.'* This paw*
fx ought to be extended to him b]|^ fome eafy and
general law of enfranchifcment, partition, and inclo<>
^re ; which, though compulfory upon the lord, or
the Tf^ of the tenants, whiUl it has m view the me*
lioratlon of the foil, and tenders an equitable com-
penfation for every right that it takes away, is neither
more arbitrary, nor more dangerous to the ftabiU
ity of property, than that whicn is done in the con-
(IrudiQn of roads, bridges, embankments, navigable
lanak, apd indeed in aunoft every public work, in,
which private owners of land are obliged to accept
that pirice for their property which an indifferent jury
may award, It may here however be proper to ob-
ferve, that although the inclofure of waftes and paf-
tures be generalljj beneficial to population, yet the
indofurc of lands in tillage, in order to convert them
Into pafturcs, is as generally hurtful.

But fecondly, agriculture is difcouraged by every
conftitution ot landed property which lets in thofc,
who have no concern in the improvement, to a par-
(icipation of the profit. This objection is applicable
(p all (uch ciifioms of manors z^s fubjed the proprie-

47^ Of Populaiiimj Provifim^ fis^r#

tor, upon the death of the lord or tenant, on: th«
alienation of the eftate, to a fine apportioned to tho
improved value of the land. Rut of all inftitutions
which are in this way adverfe to cultivation and im«
provement, none is fo noxious as that of tithes. A
claimant here enters into the produce, who. qontrib-
uted no affiftance whatever to the produftion.. Wheix
years, perhaps, of care and toil have nAtured an im-i
provement j when the hufbandnxau fees new crops
ripening to his Ikill and induftry j the moment he
is ready to put his fickle to the grain, he finds him««
felf compelled to divide his harveft with a ftranger**
Tithes, are a tax not only vpon induftry, but upoa
that induftry, which feeds manldnd i upon that fpe-
cies of exertion which it is the aim of all wife laws to.
cherifli and promote; and to uphold axid excite,
which, compofes, aa we have &en, the main benefit
that the com.munity receives from the whole fyfteni
of trade, and the fuccefs of commerce^ And, togeth««
cr with the more general- inconveniency that attends
the exaction of tithes, there is this additional evil, ia
the mode at leaft according to which they are cdieft-t
ed at prefent, that they operate as a bounty upoa
pafturage. The burthen of the tax falls with its^
chief, if not with its whole weight, upon tillage ;;
that is to fay, upon that precife mode of cultivation,
which, as hath been ftiewn above, it is the bufinefs of
the ftate to relieve and remunerate, in preference ta
every other. No meafure of fuch extenfive concent
appears to me fo prafticable, nor any fingle alteratioa.
fo beneficial, as the converfion of tithes, into com.
rents. This commutation, I am convinced, might
be fo adjufted, as to fecure to. the tithe-holder a com-«.
plete and perpetual equivalent foi: his intereft, andto^
leave to induftry its fuU operation andentire rewards

Cf Wary and nf Military EUahliJhmnts. 477

Chapter xii.

OF WAR, AND OF MILITARY ESTABLISH.

MENTS.

Because the Chriftlan Scriptures dc-
fcfibc wars, as what they are, as crimes *or judg-
ments, fome have been led to believe that it is unlaw-
ful for a Chriftian to bear arms. But it flxould be
remembered, that it may be neceffary for individuals
to unite their force, and for this end to refign them-
felves to the direction of a common will ; and yet it
may be true that that will is often a^uated by crim-
inal motives, and often determined to deftruftivc
purpofes. Hence, although the origin of wars be
afcribed in Scripture to the operation of lawlefe and
malignant paffions* ; and though war itfelf be enu-
merated amon^ the foreft calamities with which a
land can be viuted, the profeffion of a foldier is no-
where forbidden or condemned. When the foldiers
demanded of John the Baptift what they fhould do,
he faid unto them, " Do violence to no man, neither
accufe any falfely, and be content with your wages." t
In which anfwer we do not find that, in order to
prepare themfelves for the reception of the kingdom
of God, it was required of foldiers to relinquifli their
profeffion, but only that they fhould beware of the
vices of which that profeffion was accufed. The pre-
cept which follows, " Be content with your wages,"
fuppofed them to continue in their iituation. It was
of a Roman centurion that Chrift pronounced that
memorable eulogy, " I have not found fo great faith,
no not in Ifrael."J The firft Gentile converts who
was received into the Chriftian church, and to whom
the^gofpel was imparted by the immediate and efpe*

• Jiuaesiiv. i. f Luke, iii. 14. + Luke, vu.9. 5 Adtsyx. i.

47* , Of Wdr, and ^

cial direftioft of Heatvem, hdd the fiirie ^tion f tvid
in the hiftory of this traniadiofi wc difcoVer not thrf
fmalleft intimation^ that Corttdius, iiftoh becctoing
a Chriftian^ quitted the ferviceof the Roman legion ^
that his profeflion was objefted to, or his €ontintiahc€^
in it coniider^d as \tk thj ^^iSe kconfiftent ivith ^
new charafter.

In applying the principled of^ fflOfality to the tffdits
of nations, the difficulty which it)^ets us arifcs ffoiri
hence, " that the particular confeqaeHcc fdmetitnetf
appears to exceed the value of the general rule/* li!
this circumftance is founded the only diftindion that
exifis between the cafe of independent dates, and of
independent individuals. In the tranfa^tions of pri-
vate perfons, no advantage tjiat refults from thd
breach of a general law of jutlice, can compeniate to
the public for the violation of th^ law : in the con*
cerns of empire, this may foinetimes be doubted*
Thus, that the faith of promiffes ought to be main-
tained, as far as is lawful, and as far as was intended
by the parties, whatever inconveniehcy either of^
them may fuffer by his fidelity, in the intercourfe o£
private life, is feldom deputed ; b^caufe it is evident
to almofl: every man who refleds upon the fubjecl^
that the common happine& gains more by the pref«
crvation of the rule, than it could do by the removal
of the inconveniency. But when the adherence to a
public treaty would enflave a whcde people, would
block up feas, rivers, or harbours, depopulate cities,
condemn fertile regions to eternal defolation, cut off
a country from its fources of provifion, or dieprivc it
of thofe commercial advantages to vrhich its climate^
produce, or fituation naturally entitle it ; the magni*
tude of the particular evil induces us to call in quef-
tion the obligation of the general rule. Moral phi*
lofophy furnifhcs no precife folution to thefe doubts#
She cannot pronounce that any^ruft of morality is ib
rigid as to bend to no exceptions; nor, on the othef
hand, can flic coniprife thefe exceptions within any
previous defcription. She confefTes that the obliga-
tion of eyery law depends upon its ultimate utflity i

Military EJtabliJbrnents. 475

that this utility having a finite and determinate val-
ue, fituations may be reigned, and confequently may
J)oflibly arife, in which the general tendency is out-
Weighed by the enormity of the particular mifchief :
but ftie recals, at the fame time, to the confideratioa
of the inquirer, the almoft- ineftimable importance, as
of other general rules of relative juftice, fo efpecially
of national and perfonal fidelity ; the unfeen, if not
tinbounded, extent of the mifchief which muft fol-
low from the want of it ; the danger of leaving it to
the fufFerer to decide upon the comparifon of partic-
ular and general confequences ; and the ftill greater
danger of fuch decifi»ns being drawn into future pre-
cedents. If treaties, for inftance, be no longer bind-
ing than whilft they are convenient, or until the in-
conveniency afcend to a certain point, which point
Xnuft be fixed by the judgment, or rather by the feel-
ings, of the complaining party j or if fuch an opin-
ion, after being authorized by a few examples, come
'2Lt length to prevail ; one and almofi the only meth-
od of averting or clofing the calamities of war, of
either preventing or putting a ftop to the defirudtion
of mankind, is loft to the world for ever. We do
not fay that no evil can exceed this, nor any pofliblc
advantage compenlate it ; but we fay that a lofi,
which afieds all^ will fcarcely be made up to the com-
mon ftock of human happinefs by any benefit that can
be procured to a fingle nation, which, however re-
fpeclable.when compared with any other fingle na-
tion, bears an inconfiderable proportion to the whole.
Thefe, however, are the principles upon which the
calculation is to be formed. It is enough, in this
place, to remark the caufe which produces the hefita-
tion that we fometimes feel, in applying rules of
perfonal probity to the conduA of nations.

As between individuals it is found impoflible to
afcertain every duty by an immediate reference to
public utility, not only becaufe fuch reference is of-
tentimes too remote for the direction of private con-
fciences, but becaufe a multitude of cafes arife in
which it is indifferent to the general intereft by what
Nn n

4>6 Of War^ and of

rule men acflj though it be abfolutely ncccffary that
they aft by feme conftdnt stnd known rule or other ;
and as for thcfe rcafons certain pofitive conRitutions
are wont to Be eftiblinied in every fociety, which,
when eftablilhed, become as obligatory as the origi-
nal principles of natural juRice themlelves ; fo^ like-
wife, it is bfetweeii independent communities. To-
gether with thofe maxims of univerfal equity which
are Qommbh to flates and to individuals, and by
which the fights and condiifl: of the one as well as
the other ought to be adjufted^ when they fall with-
in the fcope and application of fuch maxims ; there
cxifts atfo amongft fovereigns a fyftem of artificial ju-
rii^^rudehce, under the name of the law' of nations. Iii
this code are found the rules which determine the
right to vacant or newly difcovercd countries ; thofe
which relate to the pfotcftion of fugitives, the privi-
leges of ainbaiTadors^ the condition and duties of
neutrality^ the in)munities of neutral fhips, ports,
$ihd coafts, the dillahce from Ihof e to which thefe
immunities extend, the diftinclioh between free and
contrabanci goods, and 1 variety of fiibjecls of the
xiamc kind. Concerning which examples, and in-
deed the principal part of what is called the jm gen^
iium^ It may be obferved^ that the rules derive their
moral iforcc, by which I mean the regard that ought
to be paid to them by the confciences of fovereigns,
not Froin tneir internal reafhilablenefs or juftice, for
many of theni are perfeftly arbitrary ; nor yet from
the authority by which they were eft ablifhed, for the
greater part have grown infenfibly into ufage> with-
out any public compaft, formal acknowledgment, or
even known originaJ ; but fimply from the fact of
their beirijg cftabuflied, and the general duty of con-
fornaing to eUabliflied rules upon queftions, and be-
tween parties,, where nothing but pofitive regulations
can prevent difputes, and where difputes are follow-
ed by fuch deflructive confcqaences. The firft of
the inftances which we have juft now enumerated,
may be felected for the illuft ration of this remark.
The nations of Europe confider the fovereignty of

Military EJablf/hn\enis. ' 48.1

newly <Jifcovered cpuntries asbclonffling to the prince
or ftatc whofe fubjed makes the ducoveVy \ and, in
purfuancc of this rule^ it is ufual for a navigator,
vrho falls upon an unknown flxore, to .tajc.e poueflioa
of it, in the name of his fovereign at home, by creft-
iDg his ftandard, or difplaying his flag upon a deiart
coaft. Now nothing can be more jSnaful, or ids
fub{^ntlated, by any confiderations of rcafon or juf-
ticc, than the right which fuch difcoyery, or the
tranfijcnt occupation and idle ceremony that accogi-
pany it, confer upon ^:he country of jthc difcovercr.
Nor can any ftipulation be produced, by which the
reft of the world )iave bound thcmfelves to fubmit
to this pretenlion. ITct when we reflccjt that the
.clai^is to newly difcovered countjries can hardly be
fettled, between the difFercnt nations vhich frequent
them, without fome pofitivc rule or other j ' that
fuch claims, if left unfettled, would prove fources of
ruinous sind fatal contentions j that the rule already
prQpofed, however arbitrary, poflefles one prirjcipil
quality of a rule — determination and certainty j
^bove all, that it is acquiefced in, and that no one
has power to fubftitute another, however he might
contrive a better, in its place : when we refleft upoa
thefe properties of the rule, or rather upon thefe
cpnfequences of rejecting its authority, we are led to
afcribe to it the virtue and obligation of a precept of
njitural juftice, becaufe we perceive in it that whicb
is the foundation of juftice itfelf, public impoji-tancc
and utility. And a prince who mould difpute thij
rule, for the .want or regularity in its formation^ or
oiF intelligible juftice in its principle, and by fuch dis-
putes fhould difturb the tranquillity of nations, an^J
at the fame time lay the foundjition of future difturb-
ances, ,would be Rttle lef^ criwiiis^l than l^e who
breaks the public peace by a violation of eogage-
nients to which be had himfelf confented, or by an
attack upon thc^e natio^nal rights which are founded
immediately in the law of nature, ?nd in the firl^
perceptions of equityv The feme thing may be re-
jpcated of the ;:ulc> which the law of nations pi:e-

48a Of War^ and of

fcribes in the other inftances th^t were mentioned^
namely, that the obfcurity of their origin, or the ar-
bitrarinefs of their principle, fubtrafts nothing from
the refp^ that \% due to them, when once eftablifhed.^

War inay be confidered with a view to, its cqufes
and to its conduct.

The jujiifying caufes of war are deliberate, inva-
fions of right, and the neceffity of maintaining fuch
a balance of power amongft neighbouring nations, as
that no fingle ftatc, or confederacy of ftates, be ftrong.
enough to oyerwhelxn the reft.^ The objefts of juft
war are precaution, defence, or reparation. In a
larger fenfe, every juft war is a defenfive War, inaf-
inuch as every juft war fuppofes an injury perpetra-
ted, attempted, or feared.

The infufficient caufes, or unju/lifiable rnotiyes of
war, are the family alUances, the perfonal friendftiips^
or the perfonal quarrels of princes ; the internal dif-
putes which are carried on in other nations ; the juf-
tice of other wars j the extenfion of territory, or of
trade ; ^he misfortunes or accidental weakness of a
neighbouring or rival nation.

There a:re tyw leffons of rational and fobcr policy,
which, if it were poflTible to inculcate into the coun-
cils of princes, would exclude many of the motives^
of war, and allay that reftlefs ambition which is con-
ftantly ftirring up one part of mankind againft anoth-
er. The firft of thefe leflbns admonifhes princes, to
*• place their glory and their emulation, not in extent
of territory, but iq raifing the greateft quantity of
happinefs out of a given territory.'* The enlarge-
ment of territory by conqueft is not only not a juft
objeft of war, biit, in the greater part of the inftan-
ces in which it is attempted, not even defirable. It
is certainly not defirable where it adds nothing to
the numbers, the enjoyments, or the fecurity of the
conquerors* What commonly is gained to a nation,^
by the annexing of new dependencies, or the fubju-
gation of other countries to its dominion, but a
wider frontier to defend j more interfering claim^

Military E/labHJhmenis. 483

fo vipSicate ; more quarrels, more enemies, more
febellions to encounter ; a greater force to keep up
by fea an4 land ; more fervices to provide for, and
more eftabliftiments to pay ? And, in order to draw
firpm thefe acquifitions fbmething that may make up
for the charge' of keeping them, a revenue is to be
^xtorted, or a monopoly to be enforced and watched,
at an expenfe which cofts half their produce* Thusi
the provinces are qppreffed, in order to pay for be-
ing ill governed ; and the original ftate is exhaufted
in maintaining a feeble authority over difcontented
fubje<5ls. No affignable portion of country is bene-
fited by the change ; and if the fovereign appear to
himfelf to be enriched or ftrepgthened, when every^
part of his dominion is made poorer and weaker than
it was, it is probable that he is deceived by appear-
ances. Or, were it true that the grandeur of the
prince is iiiagnified by thofe exploits; the glory
ivhich is purchafed, and the ambition which is grati-
fied, by the diftrefs of one country without adding to
the happineis of another, which at the fame time en-
flaves the new and impoverifhes the ancient part of '
the empire, by whatever names it may be known or
flattered, pught to be an object of univerfal execra-
tion ; and oftentimes not more fo to the vanquifhcd,
than to the very people whofe armies or whofe treafi
ures have achieved the victory.

There are, indeed, two cafes in which the exten-
fion of territory may be of real advantage, and to
both parties. The firft is, where an empire thereby
reaches to the natural boundaries which divide it
from the reft of the world. Thus we account the
Britifli Channel the natural boundary which feparates
the nations of England and France : and if France
poffeiTed any countries on this, or England any cities
or provinces on that fide of the fea, the recovery of
fuch towns and diftrifts to what may be called their
natural fovereign, though it may not be a juft reafon
for commencing war, Would be a proper ufe to make
of viftbry. The other cafe is, where neighbouring
(^2^tC9, being feverally too. fmall and weak to defend

4«4 Of War^ ^^ ^

thfimfelves againft the dangers that furround them,
can only be lafe by a ftrid and conftant jundion of
their ftrength ; hereconqueft wiUcffeft thepurpofes
of confederation and alliance ; and the union which
;t produces is often more clofe and permanent thaa
that which refults from voluntary aflodation* Tlvus^
if the heptarchy had continued in England^ the di&
ferent kingdoms of it might have feparately fallen
a prey to foreign invafioa : and although the interefl
gnd danger of one part of the ifland wer^ in truth
common to every other part, it might have been dif»
ficult to have circulated this perfuauon amongft inde«»
pendent nations ; or to have united them in any
re^ar or ileady oppofition to their continental ene-
mies, had not the valour and fortune of an enter«
prifing prince incorporated the whole into a fingk
monarchy. liere the conquered gained as much by
the revolution as the conquerors. In like nunner^^
and for the £une reafon, when the two royal faniiUes
pf Spain were met together in one race of princes^ <
and the feveral provinces of France had de^A^ved la*
to the pofleiHon of a fingle fovereign, it becapie. un^
fafe for the inhabitants ot Qreat I^t^nany Ipnger to
remain under feparate governments.. The union of
England and Scotland, which transformed two quar*
rel&me neighbours into one powerful empire, an4
which was firft brought about by the courfe of iucce£>
£on, and afterwards completed by amicable conven-
tion, would have been a fortunate concluiion of h^
tilities, had it been effeded by the operation^ of war*
Thefe two cafes being admit.ted, namely, jJie obtain*
lug of natural boundaries and barriers^ and the in-
cluding under the fame government tho£e who have
a common danger and a common ene;mY to guard
againft, I know not whether a third can be thoii^ht
ot, in which the extenfion of empire by cooqueft i&
ufefiil even to the conquerors.

The fecond rule of prudence whit^ ought tP be
recommended to thofe who condud the a^irs qf
nations, is, ^< never to purfue national h(mHr 9)5 dif-
tind from national intereji.'' This rule acksaowj-

Military EJlabli/hmefas. ' 4S$

edges that it is often necefiary to affert the honour
of a nation for the fake of its intereft* The fpirit
and courage of a people are fupported by flattering
their pride. Conceffions which betray too much of
fear or weakneis, though they relate to points of
mere ceremony, invite demands and attacks of more
fbrious importance* Our rule allows all this ; and
only dircfts that, when points of honour become
fubjefts of contention between fovereigns, or are'
likely to be made the occaiions of war, they be efti*
mated with a reference to utility, and not by them^
felves. " The dignity of his crown, the honour of his
flag, the glory of his arms,** in the mouth of a prince
are ftately and impofing terms ; but the ideas they
infpire are infatiable. It may be always glorious to
conquer, whatever be the juftice of the war, or the
price of the vidory. The dfignity of a fo vereign may
not permit him to recede from claims of homage
and rcfped, at whatever expenfe of national peace
andiiappintsfs they are to be maintained, however un«
jufl: they may have been in their original, or in their
continuance however ufele& to the pofleffor, or mor^
tifying and vexatious to other ftates. The porfuit of
honour, when fet loofc from the admonitions of pru-
dence, becomes in kings a wild and romantic paAion :
eager to engage^ and gathering fury in its progrefe,
it is checked hy no difficulties, repelled by no dan-
gers ; it forgets or defpifes thofe confiderations of
afety, eafe, wealth, and plenty, which in the eye of
true public wifdom, compofe the objefts to which the
renown of arms, the fame of viftory, are only inftru*
mental and fubordinate. The puriuit of intereft, on
the other hand, is a fober principle ; computes coftg
and confequences ; is cautious of entering into war ;
ftops in time : when regulated by thofe univerfal
maxims of relative juftice, which belong to the af-
fairs of communities as well as of private perfons, it
is the right principle for nations to proc^d by ; even
when it trefpafles upon thefe regulations, it is much
lefs dangerous, becaufe much more temperate, thaii
the other.

I

486 Of War, and^ rf

' U. The GODdu A of war. — ^If the caufe and end o(
war be jiiflifiable^ all tlip in^ans that appear neceffary
to the end are juftifiable alfo. This h the principle
which defends thofe extremities to which the vio..
lence of war ufually proceeds : for fince war is a cori-
left by force between parties who acknowledge no
common fuperior^ and iince it includes not in its idea
the fuppofuion of any convention which fhould place
limits to the operations of force, it has aatura&y no
boundary but ths^t in which force terminates, tl^ de-
fir uAion of the life againft which the force is direct-
ed. Let it be obferved, however^ that the licenfe of
war authorizes no acts of hoftility but what are necef-
£iry or conducive to the end and objeck of the war.
Gratuitous barbarities borrow no excufe from this-
plea : of which kind is every cruelty and every infult
that ferves only to exafperate the fuflerings, or to
incenfe the hatred of an enemy, without weakening
his ftrength, or in any manner tending to prc^cure
his fubmiflion } fuch as the flaughter of captives, the
fubjecting of them to indignities or torture, the vio-
lation of women, the profanation of temples, the dc^
xnolition of public buildings, libraries, ftatues, and in,
general the .deftruftion or defacing of works that
conduce nothing to annoyance or defence* Thefe
enormities are prohibited not only by the prafticc oi
civilized nations, but by the law of nature itfelf ; as
having no proper tendency to accelerate the termi-
nation, or accomplifh the objeft of the war ; and as
containing that which in peace and war is equally
unjuftifiable — ^ultimate and gratuitous mifchief.

There are other refiriclions impofed upon the con-
duct of war, not by the law of nature primarily, but
by the laws of war ^ firft, and by the law of nature as
feconding and ratifying the laws of war. The laws
of war are part of the law^ of nations ; and founded^
as to their authority, upon the fame principle with
the reft of that code, namely, upon the fad.of their
being eftabliflied, no matter when or by whom j upon
the expectation of their being mutually obferved, ia
confequence of that" eftablilhment j and upon the

Military EftMJhmenis. ^Sj^

general utility which refults from fuch obfervance*
The binding force of thefe rules is the greater, bcii
caufe the regard that is paid to them niuft be univcrfi
fal or none. The breach of the rule can only be pun -
iflicd by the fubverfion of the rule itfelf : on whicft
account, the whole mifchicf that enfues from the lofi
of thofe falutary reftriftions which fuch rules prer
fcribe, is juftly chargeable upon the firft aggrcffor|.
To this confideration maybe referred the duty of
refraining in war from poifon and from affaffinationi
If the law of nature limply be confulted, it may be
difficult to diftinguifh betweeo thefe and othfer meth«
ods of deftruftion, which are praftifed without fcru^
pie by nations at war. If it be lawfril to kill in ene-
my at all, it feems lawful to do fo by one mode of
death as well as by another ; by a dofe of poifon, as
by the point of a fword ; by the hand of an affaffin^
as by the attack of an army : for if it be faid that-
one fpecies of affault leaves to an enemy the powciJ
of drfiending himfelf againft it, and that the other
does not ; it may be anlwered^ that we poffeis at leaii
the fame right te cut off an enemy's detence, that we
have to feek his deftru6lion. In this manner might
the qucftion be debated, if there exifted no rule or
law of war upon the fubjeft. But when we obfervc
that fuch practices are at prefent excluded by the
ufage and opinions of civilized nations ; that the firft
recourfe to them would be followed by inftant rctaU
liation ; that the mutual licenfe which fuch attempts
muft introduce, would fill both fides with the mifery
of continual dread and fufpicion, without adding td
the ftrength or fuccefs of either ; that when the ex-^
ample came to be more generally imitated, v/hich it
foon would be, after the fentiment that condemns it
had been once broken in upon, it would greatly ag>
gravate the horrors and calamities of war, yet procure
no fuperiority to any of the nations engaged in it s
when we -view thefe effefts, we join in the public
reprobation of fuch fatal expedients, as of the admit
iion amongft mankind of new and enormous evils
without neccffity or advantage. The law of nature,
Ooe

481 Of War^ and of

wc fee at length, forbids thefe innovations, as fo many
trahfgreflions of a beneficial general rule a^ually fub-
lifting.

The licenfe of war then acknowledges two limita-
tions : it authorizes no hoftilities which have not an
apparent tendency to effeduate the objcft of the
war ; it refpefts thofe pofitivc laws which the cuftom
of nations hath fanclified, and which, whilft they arc
mutually conformed to, mitigate the calamities of
war, without weakening its operations, or diminifh-
ing the power or lafcty of belligerent ftates.

Long and various experience feems to have con*
yinced the nations of Europe, that nothing but a
landing army can oppofe a ftanding army, where the
numbers on each fide bear any moderate proportion
to one another* The firft ftanding army that appear-
cd in Europe after the fall of the Roman legion, was
that which was erefted in France by Charles VII.
about the middle of the fifteenth century : and that
the inftitution hath fince become jgencral, can only
be attributed to the fuperiority and fuccefs which
arc every where obferved to attend it. The truth is,
the dofenefs, regularity, and quicknefs of their move-
ments ; the unreferved, inftantaneous, and almoft
mechanical obedience to orders ; the fenfe of perfon-
al honour, and the familiarity with danger, which
belong to a difciplined, veteran, and embodied fol-
diery, give fuch firmnefs and intrepidity to their ap-
proach, fuch weight and execution to their attack,
as are not to be withftood by loofe ranks of occa-
fional and newly-levied troops, who are liable by
their inexperience to diforder and confiifion, and in
whom fear is conftantly augmented by novelty and
furprife. It is pofliblfe that a militia^ with a great cx-
cefi of numbers, and a ready fupply of recruits, may
fuftain a defenfive or a flying war againft regular
troops ; it is alfo true that any fervice, which keeps
foldiers for a while together, and inures them by Kt-
tle and little to the habits of war and the dangers of
adion, transforms them in cffecl into a ftanding ar-

Military Ejiabli/hmmts. 489

my. But upon this plan it may be necei&ry for al-
moft a whole nation to go out to war to repel an in^
vader ; befide that, a people (b unprepared muft al«
ways have the feat, and with it the miferies of war^-
at home, being uttierly incapable of carrying their
operations into a foreign country.

From the acknowledged fuperiority of {landing,
armies, it follows, not only that it is unfafe for a ns^
tion to difband its regular troops, whilft neighbour*
ing kingdoms retain theirs ; but alfo that regular
troops provide for the public fervice at the leaft pot
fible expenfe* I fuppofe a certain quantity of mili-
tary firength to be neceflary, and I fay that a ftand-
ing army cofts the community lefs than any other
eftabliihment which prefents to an enemy the fame
force. The confiant drudgery of low employments
is not only incempatible with any great degree of
perfcdion or expertnels in the prorcffion of a foldier,
but the profeifioa of a foldier almoil always unfits
men for the bufinefs of regular occupations* Of
three inhabitants of a village, it is better that one
ftould addi£b himfelf entirely to arms,, and the other
two ftay conftantly at home to cultivate the ground,
than that all the three Ihould mix>the avocations of
a camp with the bufinefs of huibandry. By the
former arrangement the country gains one complete
ibldier, and two induibrious huibandmen ; from the
latter it receives three raw militia-men, who are at
the fame time three idle and profligate peafants. It
ihould be confidered, alfo, that the emergencies of
war wait not for feafons. Where there is no ftand*
ing army ready for immediate fervice, it may be ne*
ceflary to call the reaper from the fields in harveft,
or the ploughman in feed-time ; and the provifion of
a whole year may perilh by the interruption of one
month's labour. A ftandrng army, therefore, is not
onhr a more eflfeclual, but a cheaper method of pro*-
'Vidmg for the public fafcty, than any other, becaufc
it adds more than any other to the common ftrength,
and takes lefs from that which compofes the woltb
of a nation, its flock of produdive induftry.

49<^ ^f W(ir^ arid &f

There is yet another diftinftion between Handing^
jirmies and militias, which defervcs a more attentive
jcbnfideration than any that has' been mentioned.

"^When the ftate relies for its defence upon a militia,
it is neceffary that arms be put into the hands of the
people at large. The militia itfclf muft be nume-
rous, in proportion to the want or inferiority of its
dlfcipline, and the imbecilities or defects of its con-
ftitution. Moreover, as fuch a niilitia muft be fep-
plied by rotation, allotment, or fome mode of fucccf-
iion whereby they who have ferved a certain time
arc replaced by trefti draughts from the country, a
much greater number will be inftrufted in the ufe of
arms, and will have been occafidnally embodied to-
gether, than are aftually employed, or than are fup-
pofed to be wanted, at the fanie time.. Now what
effefts upon the civil condition oFlhe country may
be looked for from this general difiufion 6f the niili-
tary charafter, becomes an inquiry of great import-
ance and delicacy. To me it appears doubtful
whether any government can be long fecure, where
the people are acquainted with the ufe of armis, and
accuftomed to refort to them. Every faction will

, find itfelf at the head of an arpiy j every difguft will
excite commotion, and every commotion become a
pivil war. Nothing perhaps can govern a nation of
armed citizens but that which governs an anpy—
defpotifm. I do not mean that a regular govern-
ment would become defpotic by training up its fub-
ic^s to the knowledge and exercife of arms, but that
It would ere long be forced to give way to defpotifm
in fome other fliape ; and that the country would

' be liable to what is even worfe than a^ttled and
ronftitutional defpotifm — to perpetual rebellions, and
to perpetual revolutions ; to fliort and violent ufur-
pations y to the fucceffive tyranny of governors, ren-
dered cruel and jealous by the danger and inftability
of their lituation.

The fame purpofes of ftrength and efficacy which
make a ftanding army neceffary at all, make it necef-
fary, in mixed governments, that this army be fubr

. MilHary EJiabUJhmenis. 49!

*
mittcd to the management and diro.ftion of the
prince : for however well a popular council may be
qualified for the offices of legiflation, it is altogether
unfit for the conduct of war : in which, fucceb ufu-
dly depends upon vigour and enterprize ; upon fe-
crecy, difpatch, and unanimity : upon a quick per-
ception 01 opportunities, and the power of feizing
every opportunity immediately. It is likewife uecef-
fary that the obedience of an army be as prompt and
aftive as pbffible j for which reafon it ought to be
made an obedience of will and emulation. Upon
this confideraltion is founded the expediency of leav-
ing to the prince not only the government and defti-
nation of the army, but the appointment and pro?
motion of its officers : becaufe a defign is then alone
likely to be executed with zeal and fidelity, when
the perfon who iflues the order, choofes the inftru-
ments, and rewards the fervice. To which we may
fubjoin, that, in governments like ours, if the direc-
tion and officering of the army were placed in the
hands of the democratic part of the conftitution, this
power, added to what they already poffefs, would fo
overbalance all that would be left of r?gal prerogative,
that little would remain of monarchy in the confti-
tution, but the name and expenfe j nor would thefe
probably remain long.

Whilft we defcribe, however, the advantages of
{landing armies, we mull not conceal the clanger.
Thefe properties of their conftitution — the foldiery
being feparated in a great degree from the reft of
the community, their being clofely linked amongft
themfelvcs by habits of focicty and fubordination,
and the dependency of the whole chain upon the
will and favour of the princis — however eftcntial they
may be to the purpofes for which armies are kept up,
giv^ them an s^peft in no wife favourable to public
liberty. The danger howfsvef is diminiihcd by main^
taining, upon all occafions, as much alliance of inter-
eft, and as much intercqurfe of fentinient, betweea
the military part of the nation and the other orders
pf the people, as are cpnfii^ent with the unioa sind

49^ Of Wary and of MUiiary EJiahliJhments^

difcipline of an army. For wMch purpofe officers of
the army^ upon whofe difpofition towards the com*
men wealth a great deal may depend, fhould be taken
from the principal families of the country, and at the
£une time alfo be encouraged to eftablifli in it fam-
ilies of their own, as well as be admitted to feats in
the fenate, to hereditary diftinAions, and to all the
dvil honours and privileges that are compatible with
their profeffion : which drcumftances of connexion
and iituation will give them fuch a (hare in the gen-
eral rights of the people, and fo engage their inchna*
tions on the ilde of public liberty, as to afford a resu
fonable fecurity that they cannot be brought, by any
promifes of perfonal aggrandizement, to aifift in the
execution of meafures. which might enflave thidr pof*
terity, their kindred, and their country.

FINIS.

I1UV