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ANALYSIS 
 
 OF 
 
 PA LEY'S PRINCIPLES 
 
 OF 
 
 MORAL AND POLITICAL 
 
 PHILOSOPHY. 
 
 By &JYLE GRICE. 
 
 THE FOURTH EDITION. 
 
 Ut ea ratione et distributions sub unoaspectu 
 
 PONERE NTUR. 
 
 ClCERONIS FrAGMENTA. 
 
 Camforfoge ; 
 
 Printed b y An d forb. flower; and for 
 
 j. deighton, and j. nicholson ; and 
 
 sold by crosby and co. pater 
 
 noster row, and t. coxder, 
 
 bucklersbury, london. 
 
 1802. 
 
 [Price Two Shillings, and I Sixpence, .} 
 


 MORAL PHILOSOPHY, 
 
 L 
 
 LS the Science, which teaches men their duty, and the 
 reasons of it. B.l.c 1, 
 
 The Rules of Life may be deficient, or ill applied. 
 
 These Rules are the Law — of Honour — of the Land, 
 — of Scripture. 
 
 The First being constructed b} r people of fashion to 
 facilitate their intercourse with one another, favours 
 whatever indigencies of the passions does notinterrupt 
 that intercourse. B. Kc.2. 
 
 It regulates the duties only betwixt equals. 
 
 Omits those to the Supreme Being, and inferiors. 
 
 The Second omits duties which are not objects of com- 
 pulsion. B. 1. c. 3. s. 1. 
 
 Permits to go unpunished crimes which cannot be de- 
 fined. S. 2. 
 
 If otherwise, it would be inconsistent with freedom. 
 
 The Tftird con tains General Rules of Piety. B. 1. c. 4. 
 
 Particular instances useless because innumerable. 
 
 It presupposes a knowledge of Natural Justice. 
 
 The object of the Scriptures is to enforce practice by 
 new sanctions, and a greater certainty. 
 
 Hence they do not supersede the use of this Science, 
 nor, their end being considered, are they imperfect. 
 
 Moral Sense, B. 1. c. 5. 
 Whether it exists cannot be found by experiment. 
 Arguments for its existence. 
 1st. We approve or disapprove certain actions with* 
 out deliberation. 
 
 A 
 
( 4 ) 
 
 2d. This approbation or disapprobation is 'uniform and 
 universal. 
 
 Against it, 1st. This uniformity of sentiment does not 
 pervade all nations. 
 
 2d. Approbation of particular conduct arises from a 
 sense of its advantages. 
 
 The idea continues when the motive no longer exists. 
 
 Receives strength from authority, imitation, &c. 
 
 The efficacy of imitation is most observable in chil- 
 dren. 
 
 3d. There are no maxims universally true, but bend 
 to circumstances. 
 
 4th. There can be no idea withoutan object, and in- 
 stinct is inseparable from the idea of the object. 
 
 No dependence on the Moral Sense in reasoning,be- 
 cause scarcely distinguishable from prejudice and habit. 
 
 Could carry with it no authority, because every man 
 would be his own judge. 
 
 Human Happiness. 
 
 Happy is a relative term. B. 1. c. 6. 
 
 Happiness does not consit in 
 
 1st. Pleasures of Sense, 
 
 Because they are of short duration at the time ; 
 
 Because they cloy by repetition ; 
 
 Because eagerness for intense delights takes away re- 
 lish for others. 
 
 These objections are valid independent of loss of 
 health> &c. 
 
 2d.. In exemption from evils which are without, as 
 labour, &c 
 
( 5 ) 
 
 Because the mind must be employed. 
 Hence pain is sometimes a relief to the uneasiness of 
 vacuity. 
 
 3d. In greatness or elevated station, 
 Because the highest in rank are not happiest, and so 
 in proportion. 
 
 Because superiority, where there is no competition, 
 is seldom contemplated. 
 
 Happiness is to be judgedof by theapparenthappiness 
 of mankind, which consists in 
 
 1st. The exercise of the social affections. 
 2d. The exercise of the faculties of body or mind for 
 an engaging end. 
 
 Because there is no happiness without something to 
 hope for. 
 
 Those pleasures are most valuable, which are most 
 productive of engagement in the pursuit. 
 
 Therefore endeavours after happiness in a future state 
 produce greatest happiness in this world. 
 3d. In a prudent constitution of habits. 
 Habits of themselves are much the same, because what 
 is habitual becomes nearly indifferent ; 
 
 Therefore those habits are best, which allow of indul- 
 gence in the deviation from them. 
 
 Hence that should not be chosen as a habit, which 
 ought to be refreshment. 
 
 Hence by a perpetual change the stock of happiness 
 is soon exhausted. 
 4th. In health. 
 
 Because necessary for the enjoyment of every pleasure. 
 Because itself is a pleasure, perhaps the solehappiness 
 of some animals. 
 
 A a 
 
( fl ) 
 
 From the above account follow two conclusions. 
 1st. Happiness appears to'be pretty equally distributed. 
 2d. Vice has no advantage over Virtue with respect 
 to this world's happiness, 
 
 VIRTUE is 
 
 " The doing good to mankind,, in obedience to the will 
 "of God, and for the sake of everlasting happiness." 
 B. l. c.7. 
 
 It may be divided into duties towards God, towards 
 others, and towards ourselves. 
 
 General Observations. 
 
 1st. Mankind act more from habit than reflection. 
 B.l. c.7. 
 
 We know it from experience. 
 
 This mode of acting best suits the exigencies of life. 
 
 Therefore Virtue consists in forming proper habits. 
 
 Hence whatever tends to a good habit is to be done 
 for that reason, and vice versa* 
 
 2d. The Christian religion has not ascertained the 
 precise quantity of virtue necessary to Salvation; 
 
 Because impossible to be expressed or limited. 
 
 Hence rewards and punishments will be in proportion 
 to oar deeds. 
 
 These Genera! Posit ions may be advanced. 
 
 1st. A state of happiness cannot be expected by those 
 who are conscious of no moral or religious rule ; 
 
 Because, if so, religion, both natural and moral, 
 would be useless. 
 
 £d. By those, who reserve to themselves the practice 
 ©f any particular siu : 
 
( 7 ) 
 
 Because all commands stand alike on the authority of 
 God. 
 
 Because such allowance would tolerate every vice. 
 
 Because Scripture excludes such hope. 
 
 3d. A state of unprofitableness will be punished ; 
 
 Because so laid down in Scripture. 
 
 4th. Where a question of conduct is doubtful, we are 
 bound to take the safe side; 
 
 Because whatsoever is not of faith is sin. 
 
 Moral Obligation. 
 
 Moralists all coincide in prescribing the same rules of 
 conduct, but differ in the reasons why we are obliged 
 to pursue such conduct. B. 2. c. 1. 
 
 A man is obliged when he is urged by a violent motive 
 resulting from the command of another. B. 2. c. 2. 
 
 Why am I obliged to keep my word ? B. 2. c. 3. 
 
 Because urged by a violentmotive (fear of punishment 
 after death) resulting from the command of another, 
 (God.) 
 
 N. B. Punishments after death taken for granted. 
 B.2.C 3.s. 2. 
 
 To inquire what is our duty is to inquire what is the 
 will of God. B. 2.C.4. 
 
 Which may $6 found. 
 
 1st. By his express declaration in scripture. 
 
 2d. By the light of nature. 
 
 By which inquiring into the tendency of an action to 
 promote or diminish the general happiness, we find the 
 will of God. B.2. c.4. 
 
 N. B. Actions are to be considered here in the abstract. 
 Note, c. 6. 
 
( 8 ) 
 
 The Divine Benevolence. 
 
 God wishes the happiness of man, B. 2. e. 5. 
 For he did not wish man's misery; 
 Because he might have made every object - offensive^ 
 which he has not. 
 
 He was not indifferent about it ; 
 
 Because, if so, all things came by chance. 
 
 The world is full of contrivances, which shew design. 
 
 These contrivances for beneficial purposes ; 
 
 Liable to evil, but not constructed for that purpose* 
 
 Utility. 
 
 Whatever is expedient is right. B. 2. c. 6. 
 
 The utility of a moral rule constitutes the obligation 
 of it. 
 
 This is to be judged of by General Rules. B. 2. c. 7* 
 
 Because actions are expedient or not according to 
 their general consequences. B. 2. c. 8. 
 
 Of Right. 
 
 Eight and obligation are reciprocal. B. 2. c. 9 
 
 Therefore right signifies " consistent with the will of 
 Uod." C. 9- and i.r 
 
 Bight is a quality of persons or of actions. C. 9* 
 
 Rights of persons are Natural or Adventitious, Alien- 
 able, or Unalienable, Perfect or Imperfect. C. 10. 
 
 Natural Rights would belong to a man, although no 
 civil government subsisted, asrighttolife, &c. 
 
 Adventitious would not, as right of a General over 
 his soldiers, 8cc. 
 
 Some Rights are alienable, as of property, &<?» 
 C. 10. sk'2. 
 
( 9 ) 
 
 Some unalienable, as of husband over wife, &c. 
 
 Rights are perfect, which may be asserted by force, 
 as right to life, &c. C. 10. s.3. 
 
 Imperfect may not, as right of a benefactor to grati- 
 tude, &c. 
 
 Because indeterminate. 
 
 Therefore to assert them by force is inconsistent with 
 the general happiness, thatis, the Will of God. B. 2.C.4- 
 
 Imperfection of a right refers only to force in asser- 
 tion, not at all to the obligation of aright. 
 
 General Rights of mankind are those, which belong 
 to the species collectively. B. 2. c. 11. 
 These are, 
 
 1 . A right to the fruits of the earth. S. 1. 
 Because provided for us by God, 
 
 2. A right to the flesh of animals. S. 2. 
 
 Because given by authority of God for support of life. 
 Therefore all waste or misapplication of them a sin. 
 Hence nothing should be exclusive property, which 
 can conveniently be common, and vice versa. 
 
 3. The right of extreme necessity. S. 3* 
 
 As a right to use or destroy another's property, if ne- 
 cessary to our preservation. 
 
 Because Division of Property was not instituted to 
 operate to the destruction of any. 
 
 Institution of Property. B. 3. c. 2. 
 
 Advantages of it. 
 Increases the produce of the earth. S. 1. 
 Preserves it to maturity. S. 2. 
 Prevents contests. S. 3. 
 Improves conveniency of living. S. 4. 
 
( 10 ) 
 * Might of Property tit Land. 
 
 Wot founded oh the tacit consent of mankind.B.3.c.4. 
 
 Because silence is not consent where a person know- 
 nothing about the matter. 
 Not founded on labour being mixed with it ; 
 
 Because this is just, only when the value of the labour 
 is proportional to the value of the thing, or where the 
 thing derives its value from the labour. 
 
 This plea will not give right in perpetuity ; 
 
 Nor will it hold in taking possession of a tract of land 
 as a Navigator. 
 
 The first right of ownership. arises from the natural 
 right of man to appropriate to his own use what he 
 stands in need of. B. 2. c. 10. s. 1. — B. 3. c. 4. 
 
 This will justify property only as fax as a provision for 
 natural exigencies. 
 
 The real foundation of our right is the u Law of the 
 Land." B. 3.c. 4. 
 
 Property is established by the will of God. B. 3. c.<2. 
 
 Land cannot be divided into property without the *e- 
 gtuation of the Law of the Land. B. 3. c. 4. 
 
 Therefore so to regulate it is u consistent with the 
 will of God." 
 
 Hence right to property in Land does not depend on 
 the manner of the original acquisition, or on the expe- 
 diency of the law. 
 
 Of these principles a had use may be made. 
 
 But he is guilty in foro conscientia, who abides not by 
 the spirit of the law. 
 
 N. B. Property may be regarded as the ^principal 
 $ub ; ect of the determinate relative -duties. 
 
( 11 ) 
 
 Promises. B.3.C. 5. 
 
 The obligation of them arises from the necessity or it 
 to the well-being and existence of society. S. 1. 
 
 They are to be interpreted in the sense in which the 
 promiser was conscious the promissee received them* 
 S. 2. 
 
 Because in any other sense they would be equivocal- 
 
 Hence the obligation depends on the expectations 
 excited. 
 
 Therefore tacit promises are binding. 
 
 Promises are not binding ; 
 
 1st Where the performance is impossible. S. 3. 
 
 If the promiser knows this at the time of promise, he 
 raises an expectation which he knows he cannot gratify, 
 that' is, breaks a promise. 
 
 2d, Where the performance is unlawful ; 
 
 Because the promiser was under a prior obligation to 
 the contrary. 
 
 This holds whether the unlawfulness was known to 
 the parties at the time of the promise, or not. 
 
 The reward of a »in, when committed, ought to be 
 paid ; 
 
 Because performance of the promise does not increase, 
 the sin. 
 
 A promise is binding, if it be lawful, when demanded, 
 though it were not so at the time of promising. 
 
 A promise is not unlawful, when it produces no effect 
 beyond what would have taken place, had the promise 
 never been made ; 
 
 Because the public lose nothing by the promise,when 
 they could have gained nothing without it. 
 
 3d. Where they contradict a former promise ; 
 
 B 
 
( 12 ) 
 
 Because the performance is then unlawful* 
 4th. Before acceptance ; 
 
 Because no expectation has been voluntarily excited. 
 5th. Which are released by promisee. 
 6th. In certain cases, where they are erroneous. 
 7th. Which were made in fear. 
 Because the general consequences would be hurtful 
 to mankind. 
 
 Vows are under the same laws as promises. 
 
 Although the violation of them shews want of reve- 
 rence to the Supreme Being ; the performance of them 
 where they become unlawful, shews greater. 
 
 A Contract is a mutual promise. B. 3. c. 6. 
 Therefore is to be interpreted in the same manner* 
 
 Contracts of Sale. C. 7. 
 
 The Seller is bound to discover the faults of what ha 
 sells ; 
 
 Because the buyer did not expect them. C. 6. 
 
 Passing "bad money is an article of this kind. 
 
 The tradesman is bound to sell at market price ; 
 
 Because so expected by the buyer. C. 6. 
 
 Innumerable cases must be determined by custom ; 
 
 Because the contracting parties tacitly include the 
 rules of custom as conditions of sale. 
 
 Contracts of Hazard. 
 No advantage is to be taken on either side, which 
 Was not expected by the other. C. 6. 
 
( 13 ) 
 
 Contracts of lending of Property ; 
 
 Which is divided into inconsumable (i. e. where the 
 thing lent is itself to be returned) and consumable, (i. e. 
 which can be returned only in kind) as corn, money, 
 &c. 
 
 If the thing lent be lost or damaged, who is to bear 
 the loss. 
 
 Where the owner foresees the risk, he undertakes it ; 
 
 Because an implied condition of the contract. B. 3. cj6. 
 
 If an estate, during a lease, be altered in its value, the 
 hirer takes the consequences only of those alterations, 
 which might be expected by the parties, C. 6. 
 
 Contracts concerning the lending of Money. 
 B.3. c. 10. 
 
 The prohibition in Scripture against usury was meant 
 only for the Jews. 
 
 Usury, that is, interest according to the will of the 
 lender, is agreeable to natural equity. 
 
 It is necessary that it should be under regulations, as 
 by that means it will contribute to general happiness ; 
 
 Because it checks the accumulation of wealth without 
 industry. 
 
 Because it enables men to adventure in trade. 
 
 Because it enables the State to borrow. 
 
 Money borrowed in one country and paid in another 
 is to be paid so that the lender is not the sufferer. C. 6, 
 
 So if the value of coin be altered, 
 
 A man is bound to pay money, when any lawful me- 
 thod is in his power ; 
 
 Because on this security credit was given. B. 3. c. 6, 
 
 B3 
 
( 14 ) 
 
 Imprisonment of insolvent debtors is just, being a pub- 
 lic punishment for a crime. B. 3. c. 10. B. 2. c. 8. 
 
 Properly put in the power of the creditor, because he 
 is most likely to be vigilant, and because it adds to his 
 Security. 
 
 It is unjust in the creditor to imprison an unfortunate 
 debtor; 
 
 Because he punishes, where there is no crime accord- 
 ing to the spirit of the law. 
 
 Contracts of Service. B. 3. c. 11. 
 
 The Master's authority extends no farther than the 
 terms of the contract will justify. 
 
 Contracts of Service are subject to the same laws as 
 promises are. 
 
 Rules of custom are tacit conditions of the contract. 
 
 The Master is responsible for every thing done by a 
 servant under the general authority committed to him. 
 
 Because people act with the servant under this expec- 
 tation. 
 
 To give a bad servant a good character is criminal. 
 
 The reverse of this is equally, if not more criminal. 
 
 A master is obliged to check vice in his domestics ; 
 
 Because he has authority, which he is ordered by 
 Scripture to use for that purpose. 
 
 Contracts of Labour. 
 Commissions. B. 3.c. 12. 
 
 Whover undertakes another's business, promises to 
 employ the same care upon it as if it were his own, and 
 no more. 
 
 These cases are subject to the same laws as promises 
 are. Vide, b. 3. e. o. 
 
( 15 ) 
 
 Partnership, C. 13. 
 
 Binding in the same respects as all contracts, that is, 
 promises. 
 
 Division of Stock must depend qn custom or agree- 
 ment. 
 
 According to natural equity the profits should be di- 
 vided between the labouring partner, and him who pro- 
 vides money, in the proportion of interest of money to 
 the wages of labour. 
 
 Offices. C. 14. 
 
 In offices, as fellowships of Colleges, &e. a man per- 
 forms his duty who performs what his electors expected 
 of him. 
 
 Because this was the expectation on both sides at the 
 time of contract. 
 
 An Office may not be discharged by a deputy, 
 
 1st. Where confidence is reposeel in the particular 
 abilities of the person elected. 
 
 2d. Where the custom hinders. 
 
 3d. Where the duty from its nature cannotbe so well 
 performed by a deputy. 
 
 4th. Where to employ deputies from general conse- 
 quences would be bad, as in the army. 
 
 Non-residence of parochial clergy does not fall under 
 these heads. 
 
 Revenues of the Church are a common fund for the^ 
 support of the national religion. 
 
 So to be judged of in its distribution. 
 
 Lies. C. 15. 
 A Lie is a breach of promise; because in discourse 
 there is a tacit promise to speak the truth. 
 
( 16 ) 
 
 The general consequences of lying are bad : 
 
 Because confidence is necessary to the intercourse of 
 society. 
 
 Hence " white lies" are not entirely innocent. 
 
 (They h abitually lead to others of a darker complexion) 
 
 Hence too, pious frauds, though meant to do good,are 
 highly injurious to the cause of religion. 
 
 There are falsehoods which are not lies, and therefore 
 sot criminal. 
 
 1st. Where no one is deceived, as in novels, &c. 
 
 fid. Where no inconvenience results from the want 
 of confidence in such cases, as where you tell a falsehoo4 
 to a madman, a robber, &c, 
 
 Upon this principle we may deceive an enemy by 
 feints, spies, Sec. in w r ar: 
 
 But by no means in treaties, truces, &c. 
 
 Any wilful deceit is a lie- 
 
 A man may act a lie- 
 There are lies of omission, as where you conceal part 
 
 t>f the truth. 
 
 Oaths. C. 16. 
 
 Forms of oaths vary in different countries. S. 1 • 
 
 The signification is the same, viz. the calling of God 
 to witness. S. fi 
 
 Our Saviour's words concerning oaths relate not to 
 judicial, but wanton oaths. S. 3. 
 
 Oaths receive their obligations from a belief that God 
 will punish perjury, which we have reason to think he 
 will. S. 4. 
 
 1. Because the perjurer implies a disbelief of God% 
 power, or contempt of it. 
 
( 17 ) 
 
 2. Because perjury violates a superior confidence,and 
 therefore it is hurtful in its general consequences. 
 
 Hence a Quaker's word, if broken, incurs the guilt 
 of perjury. 
 
 Promissory oaths are not binding where the promise 
 would not be. Vide, B. 3. c. 5. 
 
 An oath is designed for the security of the impose^ 
 therefore it is just " jurare in animum imponentis" 
 
 Oaths in Evidence. C. 17. 
 
 The witness swears to speak the whole truth : 
 Therefore to conceal part is perjury. 
 This oath is not binding in some cases according to 
 the law of the land, that is, animus imponentis. 
 
 Oath of Allegiance. C. 18. 
 
 Ascertains not the extent of the subject's obedience, 
 
 but the person to whom it is due. 
 
 The oath excludes 
 
 1. All intention to support the claim of another. 
 
 C. All design, at the time, of deposing the reigning 
 
 tfrince. 
 
 5. All opposition from private views. 
 It permits 
 
 1. Resistance to the King, if beneficial to the com- 
 munity. 
 
 2. Disobedience to unlawful commands. 
 
 3. Does not require allegiance after he is deposed. 
 
 Oath against Simony. C. 20. 
 
 Was meant to restrain the patron of apiece of prefer- 
 ment from being influenced in his choice of a presentee 
 by a bribe, or any benefit to himself. 
 
( is ) 
 
 The law determines what isSimoniaeal contract; 
 
 1st. Purchasing a benefice already vacant. 
 
 2d. A clergyman purchasing the next turn of a be- 
 nefice for himself directly or indirectly. 
 
 3d. The procuring of any preferment by ceding to 
 the patron any right or portion of profit; 
 
 4th. A bond to resign upon demand. 
 
 Oath to observe local Statutes. C. 21. 
 
 The animus irrponentis, that is, the measure of the 
 Juror's duty, seems to be satisfied, when nothing is 
 omitted, but what from change of circumstances the 
 founder,it may be presumed, would have dispensed with. 
 
 To come within this rule, the inconveniency must be 
 manifest by being unlawful,impracticable,or prejudicial 
 to the end of the institution. 
 
 Subscription to Articles of Religion. C* 22* 
 
 The Subscriber's assent is governed bv the same rule 
 of interpretation as oaths are, that is, the animus impo- 
 nentis. 
 
 The imposer, whose intention is to be satisfied,is the 
 legislature of the 13th Eliz. 
 
 It is impossible that the legislature could expect the 
 assent of ten thousand men> and that in perpetual suc- 
 cession, to many hundreds of controverted propositions^ 
 
 The intention was to exclude from offices in the 
 church, 
 
 1. All abettors of popery. 
 
 2. Anabaptists, at that time a powerful party on the 
 Continent. 
 
 3. The Puritans, who werehostil<Ho an episcopal con- 
 stitution. 
 
( 19 ) 
 
 4. In general the members of such leading sects, or 
 foreign establishments as threatened to overthrow Our 
 own. 
 
 Some limitations of the patron's choice may be neces- 
 sary to prevent unedifying contentions between neigh- 
 bouring teachers, or between the teachers and their 
 congregations. 
 
 This danger, if it exist, might be obviated by con- 
 verting the articles of faith into articles of peace. 
 
 Wills. C. 23. 
 
 The disposal by Will of the produce of personal la- 
 bour, is a natural right ; 
 
 Because there is no limit to the continuance of the 
 right. 
 
 With respect to other property, as of Land, the right 
 is adventitious ; 
 
 1. Because at the death of the possessor his want of 
 it ceases. Fide B. 3. c. 4. 
 
 2. Because if a man possesses any right of disposal, 
 he possesses a right of disposal for ever, which is absurd. 
 
 Therefore this right is received from, and is to be re- 
 gulated by, the law of the land. 
 
 Hence, if informal, the will is not binding ;' 
 
 Because the conditions, upon which the right was 
 obtained, were not complied with. 
 
 Succession to intestates must be regulated by the law 
 of the land. 
 
 There are many imperfect duties in respect to the 
 making and observing of Wills. Vide, B. 1. c. 3. s. 1* 
 
 Such as respect to the intention of the deceased, 
 
 Impartial love of children, 8te. 
 
 Provision for poor relatives. 
 
 C 
 
( m ) 
 
 Charity, B. 3. c. 1 . p. 2. 
 
 Is the promoting of the happiness of our inferiors, of 
 
 doing which there are three principal methods : 
 
 First method. By tender treatment of our domestics 
 and independents. C. 2. - !( 
 
 It is our interest ; for they will shew their gratitude 
 by being serviceable, and our obligation to them is 
 much greater than theirs to us* 
 
 It is our duty ; because we are forbid to diminish the 
 sum of human happiness. 
 
 All uneasiness therefore, which we occasion without 
 a just cause is wrong. 
 
 The same is applicable to Slaves; 
 
 Because founded on a principle independent of the 
 contract of service. 
 
 Slavery, C. 3. 
 
 Is aiv obligation to labour for another without consent 
 of the servant. 
 
 This may arise from crimes, captivity, or debt. 
 
 ^The continuance ought to be in proportion to the 
 crime. 
 
 The Slave Trade can be excused by none of these 
 principles. 
 
 The necessity pleaded for it is ridiculous. 
 
 The Christian Scriptures interfere with no civil insti- 
 tution, and therefore not with slavery. 
 
 If they had, a helium servile might have ensued. 
 
 This does not argue against a gradual emancipation. 
 
 2d. Method, By Professional Assistance. B. 2. c.4. 
 
 This kind of beneficence is chiefly to be expected 
 
( 21 ) 
 
 from members of the legislature, magistrates, legal and 
 sacerdotal professions. 
 
 Because the law cannot provide for the poor in these 
 cases, and the rich can take care of themselves. 
 
 Every professional man has it in his power to do the 
 greatest good at the least expence. 
 
 3d. Method. By Pecuniary Bounty. C. 5. 
 
 We are obliged to bestow relief on the poor ; S. 1. 
 
 (The impulse we feel indicates the divine intention.) 
 
 1. Because Property was divided that all might have 
 a sufficiency. Vide, B. 2. c. 4, 
 
 2. Because the Scripture enjoins us to bestow relief. 
 The manner of bestowing it. S. 2. 
 
 It is better to give a considerable sum among few,thaa 
 the same sum among many, 
 
 To give to public charities is eminently useful, be- 
 cause in them money goes farther. 
 
 Indiscriminate relief to beggars is not to be encou- 
 raged. 
 
 That charity is most useful, which promotes industry. 
 
 Charity is not to be kept secret, if by being published 
 
 it may be useful in influencing others. 
 
 Few excuses for not giving relief are just. S. S. 
 
 Resentment: 
 
 May he distinguished into anger and revenge. 
 B.fc.G. P.2. 
 
 Anger is involuntary in some degree. C. 7. 
 
 Therefore, if checked, is no crime. 
 
 Is sinful, if it is suffered to continue long. 
 
 This is the doctrine of Scripture. 
 
 Reflections, which may appease it, are numerous, 
 
 C 2 
 
( 22 ) 
 
 Revenge, C 8. 
 
 Is the infliction of pain on another, in consequence 
 of an injury received from him,, farther than the just 
 ends of reparation or punishment require. 
 
 Is forbidden by Scripture, which forbids the neglect 
 even of imperfect duties towards an enemy. 
 
 At the same time the punishment of public offenders 
 is permitted, 
 
 Because necessary to public happiness. 
 
 So, if it be from a good motive, correction of vice is 
 proper in individuals. 
 
 It is productive of good. 
 
 Witness the seclusion of bad women from the com- 
 pany of women of character. 
 
 Duelling, C. 9<? 
 
 As a punishment absurd ; 
 
 Because the person offended may be the sufferer. 
 
 So also as a reparation ; 
 
 Because it it does not undo the injury. 
 i It is complied with for the sake of fashion. 
 
 Regard for reputation will not justify murder. 
 
 In expostulating with the duellist, we have a right to 
 suppose his adversary to fall; 
 
 Because if he has no right to kill, he has no right to 
 attempt it. 
 
 Where the injury is forgiven, and both parties figlit 
 for reputation's sake, there is no distinction between the 
 guilt of him who accepts, and him who gives the chal- 
 lenge. 
 
 The law on this head is insufficient ; 
 
 But opinion cannot be controlled by civil institutions; 
 
( 23 ) 
 
 Therefore a Court of H onour, or something similar 
 seems the only remedy. 
 
 'Litigation, C. 10. p. 2. 
 
 Is not inconsistent with any rule of the Gospel, when 
 it is instituted with a view to the public good, or with a 
 ,view to the ends of justice and safety. 
 
 It becomes unjust when instituted from any other mo- 
 tive,and when it is carried on in any manner that does 
 not most readily promote these ends. 
 
 It is our duty to bring an offender to punishment, 
 when it is c onducive to the public good. 
 
 Gratitude j C. 11. 
 
 Is a duty, because the violation of it would be perni- 
 cious in its general consequences ; 
 
 Because the Love of God cannot exist without it. 
 . It does not supersede other duties. 
 
 Slander. C. 12. 
 
 Slander is the producing of gratuitous mischief. 
 
 Speaking is acting, if the mischief and motive are the 
 same. 
 Truth may be instrumental to the success of malice. 
 
 If the end is bad so are the means. 
 . i The guilt must be measured by the misery produced. 
 , The guilt of inconsiderate Slander consists in want of 
 regard to general consequences; 
 
 Therefore shews want of just affection for humeri 
 happiness. 
 
( m ) 
 
 Of Relative Duties, which result from the Constitution 
 of the Sexes. B. 3. p. 3. 
 
 The constitution of the Sexes is the foundation of 
 Marriage. 
 
 Collateral to the subject are fornication, seduction, 
 adultery, incest, polygamy, divorce, 
 
 Consequential to it axe the reciprocal duties of Parent 
 and Child, 
 
 Vie of Marriage Institutions. C. 1 • 
 They promote 
 
 1st. The private comrfort of individuals, especially of 
 females* 
 
 Whatever promotes the happiness of the majority, is 
 binding upon the whole. 
 
 2d. The better production of children, and provision 
 for them. 
 
 3d. The peace of society. 
 
 4th. The better government of society. S. 4. and 5* 
 
 5fh. The encouragement of industry, 
 
 ^Fornication. G. 2, 
 
 The Guitt of it consists in, 
 1st".- Its tendency to diminish the number 6f Carriages. 
 . £d. Encouragement of prostitution and its miseries. 
 
 3d. Encouragement of habits of lewdness. 
 i * Consequently it : incurs the guilt of the general Conse- 
 quences of lewdness. 
 
 4th. The perpetuation of a loathsome disease* 
 It is expressly forbid by Scripture. 
 Licensed brothels vitiate the public opinion* 
 
t 25 ) 
 
 The keeping of a mistress is not the same as marriage, 
 because notso beneficial to the woman and her children. 
 
 Is a crime ; 
 
 1st. Because it is fornication. 
 
 2d. Because it is pernicious in its general consequen- 
 ces. B. 2. c. 8. 
 
 SeductioJi, C.3. 
 Is a fraud of which the injury is threefold. 
 1st. To the woman, who suffers the pain of shaijie, 
 and sustains the loss of her reputation, and generally of 
 her moral principle. 
 
 The evils arising to the woman in consequence are 
 great, an<< the seducer incurs the guilt of them. 
 2d. To the family. 
 
 3d. To the public, who lose a valuable mem^r of 
 Society. 
 
 Adultery. C. 4. 
 
 Where the man solicits the chastity of the woman, 
 he incurs the guilt of Seduction in every respect. 
 
 The crime of both parties is aggravated by the ex- 
 treme misery brought upon the husband, and children. 
 
 The guilt is independent of discovery, because such 
 conduct is pernicious in its general consequences. 
 
 And is a breach of the Marriage Vow before God. 
 
 Prior transgression of either party is no justification ; 
 
 Because the marriage vow does not depend on reci- 
 procal fidelity. 
 
 The Scripture makes a difference between fornication 
 and adultery, 
 
 Christ's opinion of the magnitude of the sin cannot 
 be inferred from his words to the adulterous woman* 
 He told her, She had « sinned." 
 
( 26 ) 
 
 Incest, C. S. 
 
 Should be kept in utter abhorrence to preserve i#i0~ 
 fity in families. 
 
 Restrictions extending to remove degrees of kindred 
 are founded on positive laws> 
 
 Which are justifiable because beneficial in theft gene- 
 ra] consequences, in diffusing wealth, &c, 
 
 Polygamy 4 C. 6. 
 
 May be judged to be ( against the will of God, 
 
 Because he has created very nearly equal numbers of 
 each sex. 
 
 And because --it is hurtful iftits general consequence?; 
 
 For 1st. It distracts the affections. 
 
 £d. It dissolves the vigour of the faculties,, 
 ,3d. It debases half the creation. 
 
 4th. It provides less for the children* 
 
 It produces no benefit, in population. 
 
 The words of Christ, " whosoever putteth away kte 
 " wife, and marrieth another, committed!' adultery," 
 imply a prohibition of it. 
 
 It is retained only where Christianity is not professed. . 
 
 Divorce,- C. 7- 
 
 By Divorce is meant the dissolution of the Marriage^ 
 contract at the will of the husband. 
 
 If it be by mutual consent, it is equally liable to ob- 
 jection. 
 
 Except on account of the duties/which parents ow r e 
 to their children, there is no reason in nature why mar- 
 riage should not be dissoluble like. other contracts. 
 
 General consequences require that, it should be in- 
 dissoluble ; 
 
( 27 ) 
 
 1. Because it tends to preserve concord between the 
 parties. 
 
 2d. Because new objects of desire would continually 
 be sought after, if men could at will be released from 
 tlie matrimonial tie. 
 
 The Law of Nature admits of an exception in favour 
 of the injured party in cases of adultery, desertion, &c. 
 
 By no means in case of peevishness, &c. though no£ 
 trivial reasons ; because the unhappiness of one pair 
 must be sacrificed to general consequences. 
 
 The Scripture allows divorce only in case of adultery. 
 So does the Law of the Land. 
 
 Inferior causes mayj ustify the separation of the parties, 
 if the care of the children does not require that they 
 should live together. 
 
 In cases of tyranny in the husband,the law provides a 
 divorce a mensa et thoro. 
 
 In these cases the marriage is not dissolved, because 
 the general consequences would be hurtful. 
 
 Sentences, which release the parties a vinculo matri- 
 monii, do not dissolve a marriage ; but declare that it 
 never existed. 
 
 Marriage, C. 8. 
 t Is a religious ceremony from custom only. 
 Which part should give the dowry has been settled 
 by fashion. 
 
 As it is at present, it secures to them that assiduity 
 and respect, which are wanted to compensate for the 
 inferiority of their strength. 
 
 What duties the vow creates are expressed in the 
 ceremony. 
 
 D 
 
( 28 ) 
 
 It is witnessed before G od ; therefore, if broken, in- 
 curs the greatest guilt of a violated oath. 
 
 Obedience on the part of the wife is ordered, because 
 it is necessary that one party should submit. 
 
 He may conscientiously marry, who wishes and ex- 
 pects to entertain an affection for his wife. 
 The Marriage vow is violated, 
 
 1st. By adultery. 
 
 2d. By behaviour, which knowingly renders the life 
 of the other miserable. 
 
 The Law of the Land makes the consent of the Pa- 
 rents necessary, under certain restrictions. 
 
 Duty of Parents, C. 9- 
 
 Is of great importance in the dtass of duties from its 
 general consequences. 
 
 Admits of definite rules, which may be explained 
 under the heads of 
 
 1st. Maintenance, 
 
 Because somebody must maintain the children, and 
 parents have no right to burthen others. 
 
 Nature indicates it in the person of the mother* 
 
 The Scriptures order it. 
 
 2d. Education ^ 
 
 Because necessary for the child's well-being in So«* 
 ciety. 
 
 A reasonable provision for the child's happiness in 
 
 respect to outward condition, which requires three 
 
 things. 
 
 1st. A situation suited to his reasonable expectations 
 and habits. 
 
 2d. A provision for that situation. 
 
( 29 ) 
 
 (These articles must vary with the condition of the 
 Parent.) 
 
 Hence children should be preserved in that class in 
 which they were born., or in which others of similar ex- 
 pectations are accustomed to be placed. 
 
 Hence a parent is justified in making a difference in 
 his children, according as they stand in greater or less 
 need of his fortune from circumstances. 
 
 After their exigencies, the expectations of children 
 may be satisfied according to primogeniture. 
 
 This point, together with general expediency, makes 
 the difference of claim between legitimate children and 
 bastards. 
 
 Still a parent is bound to provide for a bastard. 
 After a provision for exigencies, a parent may pro- 
 portion his childrens' shares according to their beha- 
 viour. 
 
 Disinherison, nearly absolute, is justifiable only in 
 case of utter incapability of managing an inheritance. 
 
 The third thing required in a provision for the child's 
 happiness, is a probable security for his virtue. 
 This may be attained, 
 
 1st. By impressing on his mind the idea of account- 
 able ?i ess. 
 
 2d. By shewing a good example. 
 
 3d. By correcting his early inclinations, and dis- 
 posing of him in a situation least dangerous to his par- 
 ticular character. 
 
 The Rights of Parents, C. 10. b. 3.^. 3. 
 (That is, such as may be enforced by coercion) result 
 from their duties, 
 
 D 3 
 
( 30 ) 
 
 A parent has a right to that authority, which is ne- 
 cessary in the exercise of his duties. 
 
 Hence a Guardian has the same. 
 
 Parents have a right to choose professions for their 
 children ; 
 
 Because it is necessary to determine before they can 
 judge for themselves. 
 
 In competition of commands the wife here also owes 
 obedience to her husband. 
 
 Parents have no right over the lives of their children, 
 or to sell them into slavery. 
 
 They exceed their authority when they consult their 
 own interest at the expence of their childrens' happiness. 
 
 Duty of Children, C. II. 
 
 May be considered, 
 
 1st. During childhood. 
 
 Here the childrens' submission must be implicit. 
 
 §d. After they have attained to manhood, and con- 
 tinue in their parent's family. 
 
 Beside the general duty of gratitude to parents, they 
 are bound to observe the regulations of the family. 
 
 3d. After they have attained to manhood, and have 
 left their father's family. 
 
 In this state the duty to parents is simply the duty of 
 filial gratitude, which just so much exceeds other obli- 
 gations, by how much a'parent has been a greater bene- 
 factor than anv other friend. 
 
 It requires of children to endeavour by every means 
 to promote their parents' comfort, and to contribute to 
 their support, if they stand in need of it. 
 
 A Parent has no right to destroy his childrens' hap-> 
 piness. 
 
( 31 ) 
 
 He lias therefore no right to oppose his childrens 
 marriage where they have a real inclination, or to force 
 them upon one which they dislike. 
 
 In this latter case the child ii}ust become guilty of 
 prevarication ; and parental, like all human authority, 
 must cease, where obedience is criminal. 
 
 Nor has the Parent aright to compel a child to choose 
 a profession, to which he may be averse. 
 
 In every case the child is bound by gratitude to try 
 earnestly, and with sincerity, to conquer his own inch-? 
 nations, before he may act for himself. 
 
 A parent has no right to interfere, where a trust i$ 
 reposed personally in the son. Vide 8. 3. p. 2. c. 11. 
 
 The duty of children is commanded by God. 
 
 Duties to Ourselves. B. 4. 
 
 This division is retained for the sake of method. 
 
 Whether in a state of nature we may defend the most 
 insignificant perfect right by any extremity, is very 
 doubtful. B. 4. c. 1. 
 
 Because we cannot so easily balance between the ge- 
 neral consequences of yielding, and the particular effect 
 of resistance,which the person attacked is bound to do. 
 
 This right is suspended by the establishment of civil 
 society. 
 
 Hence the individual injured is bound to submit to 
 public arbitration. 
 
 Where it may be necessary for our preservation, all 
 extremities are justifiable. 
 
 This is evident in a state of nature, nor is the case al- 
 tered in civil society. 
 
( 32 ) 
 
 Because, by supposition, the Jaws cannot interpose 
 to protect, nor can they compel restitution. 
 
 The defence of chastity seems tQ justify the same ex- 
 tremities. 
 
 In other cases the law of the land is our best guide. 
 
 Hence Homicide, in England, is justifiable ; 
 
 1st. In preventing the commission of a crime, which 
 -when committed would be punishable with death. 
 
 2d. In necessary endeavours to carry the law iiito 
 execution. 
 
 N. B. The rights of war are not here taken into th§ 
 account. 
 
 Drunkenness. C. 2. 
 Casual excesses incur all, in some degree,of the guilt 
 and danger, which attend habitual drunkenness. 
 
 We compute the guilt of it from its bad effects, which 
 consist, 
 
 1st. In its betraying most constitutions into extrava- 
 gances of anger, or sins of lewdness. 
 
 2d. It disqualifies men from the duties of their station. 
 
 3d. It is attended with expences, which can seldom 
 he spared. 
 
 4th. Itcreatesuneasinesstothe family of the drunkard. 
 
 oth. It shortens life. 
 
 These consequences may not all meet in the same 
 subject ; but the great mischief of example is sure always 
 to ensue. 
 
 It is forbidden in the Scriptures. 
 
 The guilt of any action of a drunken man bears th£ 
 same proportion to the guilt of the like in a sober man, 
 that the probability of its being the consequence of 
 drunkenness bears to certainty. 
 
JJ ) 
 
 Suicide, JR. 4. c. 3. 
 
 Restson this question: — " Mayeveiy man who pleases 
 €C to destroy his life-, innocently do so r" 
 
 Whatever rule or limit for suicide is assigned, must 
 lead to a toleration of it in all cases, in which there is 
 danger of its being committed. 
 
 The general consequences of such toleration would 
 be; 
 
 1st. The loss to the community of many valuable lives. 
 2d. The affliction of many families, and consternation 
 of all. 
 
 3d. The throwing off an opportunity of meliorating 
 our condition in a future state* 
 
 Every case must also be aggravated by particular 
 consequences. 
 
 Scripture implies the sin of Suicide. 
 1st. By speaking of human life as a term prescribed 
 to us. 
 
 2d. By inculcating patience as a great virtue* 
 3d. By the conduct of the Apostles. 
 The above does not argue against the right of a State 
 over the lives of its subjects ; 
 
 Because the State receives this power not from the 
 consent of collected individuals, but from the will of 
 God. B. 3. c.4. 
 
 Duties tozcards God, B. 5* 
 
 Signify duties, of which God is the object. 
 Silent Piety, acceptable as it is to God, does not su- 
 persede the external duties ; which may be divided into 
 Worship and Reverence. 
 
( 34 ) 
 
 Worship is made up of adoration, thanksgiving and 
 prayer. 
 
 Prayer comprises them all. 
 
 Of the Duty and Efficacy of Prayer, as it appears from 
 the light of Nature. C. 2. 
 
 It is probable God expects those intreaties from us, 
 which we naturally use to every being on whom we de- 
 pend* 
 
 The same maybe said of Thanksgiving. 
 
 Prayer is necessary to keep up a sense of God's 
 agency. 
 
 The duty of Prayer depends on its efficacy ; 
 
 Which the perfect wisdom of the Deity does not ar- 
 gue against: 
 
 For he may withhold a favour unless requested by- 
 prayer ; 
 
 1st. Because, ori that very account, it may produce 
 good effects on the person. 
 
 2d. Because it may encourage devotion. 
 
 3d. Because prayer has a tendency to amend the peti- 
 tioner himself. 
 
 It is not necessary to devotion that the petitioner 
 should know the circuit of causes by which his prayers, 
 may prevail. 
 
 We have no proof that inexorability is a part of that 
 perfect wisdom, which is explained to consist in bring- 
 ing about the most beneficial ends by the most beneficial 
 means. 
 
 To say God must act by one, or any rule, is to assert 
 what is beyond our comprehension. 
 
( 35 ) 
 
 It is no objection to the efficacy of prayer thai the 
 effects of it are not always obvious ; 
 
 Because it is beneficial that they should not be. 
 
 The custom of employing one person to intercede for 
 many is justifiable ; 
 
 For the happiness of many often depends on the 
 good offices, and why may it not on the intercessions of 
 one individual ? 
 
 Of the Duty of Prayer as represented in Scripture- 
 C. 3. 
 
 The Scriptures not only affirm the propriety of prayer 
 in general, but furnish precepts which justify particular 
 topics and modes of prayer. 
 
 They teach the duty and efficacy of prayer in general: 
 
 Also of prayer for particular favours by name ; 
 
 Of prayer for public national blessings ; 
 
 Of intercession for others ; 
 
 Of the repetition of unsuccessful intreaties. 
 
 Private Prayer, Family Prayer, Public Worship. 
 
 C. 4. 
 
 Each has its use, and therefore does not supersede the 
 others. 
 
 Private prayer enables men to state wants, which 
 cannot be the subject of public prayer. S. 1 . 
 
 It is generally accompanied with more actual and so- 
 lemn thoughts, which make a lasting impression. 
 
 It is particularly sanctioned by our Saviour. 
 
 Family Prayer, S. 2. 
 
 Is particularly useful from its influence upon the 
 members of a family. 
 
( 35 ) 
 
 Public Worship. S> 3. 
 
 ■ 
 By this means a great part of mankind are instructed 
 
 in religiousknowledge, who would otherwise not be. 
 
 As the general consequences of the example are 
 good, every individual is bound by the General Rule to 
 attend. 
 
 Public worship has also these advantages : 
 
 1st. It has a tendency to unite mankind together,ancf 
 to enlarge the generous affections. 
 
 £d. It promotes'humility in the higher, and proper 
 dignity in the lower class of mankind, by placing them 
 under the impression of considering their equal relation 
 to the Deity. 
 
 Of Forms of Prayer in Public Worship. C. 5. 
 
 Liturgies not being enjoined or forbidden in Scripture 
 must be judged of by their expediency. 
 A Liturgy, 
 
 1st. Prevents absurd or extravagant addresses to God, 
 
 £d. It prevents the confusion of extempore prayer.. 
 
 3d. It supplies, in some measure, the imperfections of 
 the deliverer. 
 
 Joint prayer, which is the end of a congregation, 
 Without a Liturgy, is impossible. 
 
 Our Saviour authorises afixed form of prayer by ap- 
 pointing the Lord's prayer. 
 
 The properties required in a Liturgy are, 
 
 1st. That it be compendious. 
 
 Brevity may be studied too much, for it is necessary, 
 that the attention/which slumbered in one part, may be 
 recalled in another., 
 
( 37 ) 
 
 <2d. That it express just conceptions of the divine 
 attributes ; 
 
 Because by it the popular notions of God are formed. 
 
 3d. That it recites such wants as the congregation are 
 likely to feel, and no other. 
 
 Upon this principle our State prayers are too long. 
 
 4th. That it contain as few controverted propositions 
 as possible. 
 
 The Use of Sabbatical Institutions. C. 6. 
 
 That seasons should be set apart for Religious Wor- 
 ship is founded on the reasons that make Worship a 
 duty. 
 
 That they be at stated intervals, and be observed by 
 all at the same time, is easiest and best for the commu- 
 nity. 
 
 The day appointed may be Sunday, as well as any 
 other day. 
 
 This reasoning refers only to the time occupied in di- 
 vine service. 
 
 The manner ofthe Christian Sabbath is to be defended 
 upon its general expediency. 
 
 1st. It contributes better to the happiness of the labo- 
 ' rious part of mankind, than any casual indigencies of 
 leisure. 
 
 (Nothing is lost by this interruption of public in- 
 dustry.) 
 
 2d. It leaves an opportunity for religious medita- 
 tion. 
 
 3d. It give happiness to the brute creation* 
 
 . E S 
 
( 38 ) 
 
 Of the Scripture account of Sabbatical Institutions. 
 
 C. 7. 
 
 The Jewish Sabbath was first instituted in the wilder- 
 ness. 
 
 For it is never mentioned till then, and Ezekieland 
 Nehemiah speak of it as being so. 
 
 The Historian in Gen. c. 2. writing after it was insti- 
 tuted, there gives the reason of its institution. 
 
 The Jews abstained from every kind of work, and 
 permitted their slaves and cattle to rest ; they sacrificed 
 double sacrifice,and held holy convocations on this day. 
 
 Two questions concern the Christian Moralist : 
 
 1st. " Whether the command by which the Jewish 
 Sabbath was institutedextends to christians ?" 
 It appears not ; 
 
 For it seems to have been part of the peculiar law of 
 the Jewish policy ; 
 
 Because it was first immediately directed to the Jewish 
 people alone. 
 
 The Sabbath is described as a si$n between God and 
 the people of Israel. 
 
 It is in its nature a ceremonial institution, like other 
 seasons appointed by the Levitical law. 
 
 If it be binding on christians, it must bind as to the 
 day, &c. which are not regarded. 
 
 The observance of the Sabbath is not one of the arti- 
 cles enjoined by the apostles in Acts \ 5th chap. St. Paul 
 mentions it as a Jewish ritual. 
 
 The two objections to the command's not being of 
 universal obligation are ; 
 
 1st. The reasons given for it in the fourth command- 
 ment. 
 
( X) ) 
 
 2d. Its being one of the decalogue. 
 These are of no weight : 
 
 The first ; because different reasons were given to ac- 
 count for different circumstances in the command ; 
 
 The second • because in the Scriptures, positive du- 
 ties, which are of partial, and natural which are of 
 universal obligation, are indiscriminately enumerated. 
 
 The second question is, "' Whether Christ delivered 
 " any new command upon the subject, or wh ether anv 
 " day was appropriated to the service of religion bv the 
 <c authority or example of the Apostles r" 
 It appears that there was, 
 
 Because the holding of religious assemblies on the first 
 day of the week was so early and universal a custom in 
 the Christian Church. 
 
 The Apostles seem to have practised it. 
 
 A cessation upon that day from labour was not or- 
 dered. 
 
 Because the Jews, to whom the gospel was first 
 preached, had ahead v a Sabbath of rest. 
 
 It does not appear that Christ or his Apostles meant 
 the Jewish custom to be retained, the day only being 
 changed. 
 
 From all above it appears, 
 
 That assembling upon the first day of the week for 
 divine worship is a law of Christianity ; 
 
 That the resting on that day is a human institution ; 
 
 Which is binding on individuals because of its bene- 
 ficial general consequences ; 
 
 And is recommended by its subserviency to many of 
 the uses for which God appointed it to the Jews. 
 
( 40 ) 
 
 By what acts and omissions the Duty of the Christian 
 Sabbath is violated. C. 8. 
 
 The duty of the day is violated by whatever opposes 
 the uses of its institution. Vide, C. 6. 
 Wherefore it is violated, 
 
 1st. By any engagement, which hinders our attention 
 on divine worship, or giving some time to religious me- 
 ditations. 
 
 £cl. By unnecessary encroachments on the rest and li- 
 berty of those, who may be under our authority. 
 
 3d. By such recreations as are usually forborne from 
 respect to the day. 
 
 Any encroachment upon the line of distinctions in 
 this latter instance is wrong, because pernicious in its 
 general consequences. 
 
 Gaming, or common amusements upon this day can- 
 not be harmless, on account of their effect upon the 
 temper of the mind. 
 
 Of Reverencing the Deity. C. Q. 
 
 A sense of awe whenever the idea of the Supreme 
 Being is presented to the thoughts, is a considerable 
 security against vice. 
 
 It is the effect of habit. 
 
 Levity in speaking of the Deity destroys this habit. 
 
 God, perhaps for this reason, forbade the vain men- ' 
 tion of his name. 
 
 Our Saviour extends the prohibition to every thing 
 associated with the idea of God. 
 
 The offence of profane swearing is aggravated hythe 
 slenderness of the temptation to it. 
 
( 41 ) 
 
 Ridicule upon the Scriptures falls within the mis- 
 chief of the law, which forbids the profanation of God's 
 name ; especially as it is extended by Christ. 
 
 Thatman can have little regard for his own w T elfare 
 in a future state, who respects not every, the most tri- 
 vial attention to it in another person. 
 
 Such is the infidel, who mocks at the superstitions of 
 the vulgar. 
 
 One unbeliever assumes thefollies,which have adhered 
 to the creed, as the doctrines of Christians, endeavour- 
 ing thereby to subvert the whole system. 
 
 Another relates the vices of the sacerdotal order, en- 
 deavouring thereby to connect the character of the 
 Clergy, with the truth of Christianity. , 
 
 A Third triumphs in collecting accounts of the w r ars 
 and massacres occasioned by religious zeal, as if the 
 vices of Christians were parts of Christianity. 
 
 A Fourth displays the succession and variety of popu- 
 lar religions, representing Christianity as the superstition 
 of the day. 
 
 These men aim at victory, not at truth ; 
 
 Therefore can have no religious frame of mind. 
 
 They transgress the laws of reasoning and decency, 
 and do not act honestly with mankind ; 
 
 Because by matter calculated to produce effects be- 
 yond its real weight, they try to cheat men of a belief 
 in a religion, which holds forth assurances of immorta- 
 lity. 
 
 The dishonesty is greater where the matter comes in 
 the dress of insinuation, a sneer, or, as has been the 
 case, of obscenity. 
 
 The latter works its effect independent of reason. 
 
( 42 ) 
 
 A sneer, who can refute ? 
 
 They are both as formidable to a true religion, as a 
 false one. 
 
 This licentiousness can scarcely be tolerable even to 
 those men, who see lilt k. in Christianity, supposing it 
 to be true. 
 
 Let this class of reasoned reflect, 
 
 That if Christ had delivered no other declaration than 
 " The hour is coming, in the which all that are in the 
 "graves shall hear his voice> and shall -come forth J 
 " they that have done good, unto the resurrection of life, 
 " and they that have done evil, unto the resurrection 
 ( of damnation ;" he had pronounced a message of in* 
 estimable importance. 
 
 A future state had never before been discovered, be- 
 cause it never had beenproved ; and no man can prove 
 this point, but the teacher who testifies by miracles, 
 that his doctrine comes from God, 
 
ELEMENTS 
 
 OF 
 
 POLITICAL KNOWLEDGE. B. G 
 
 Of the Origin of Civil Government, C. 1. 
 
 VTOVERNMENT at first was either Patriarchal or 
 Military. 
 
 The order of domestic life by its manner supplied the 
 foundation, and by the dispositions, which it generates, 
 assisted the formation of civil government. § 1. 
 
 It also furnishes the first steps of the process,by which 
 empires have been reared. 
 
 A parent would naturally retain great part of his au- 
 thority, after his children were grown up, and had 
 formed families of their own. 
 
 It isnot likely, that this association, ofwhichhewas 
 the centre of union, should altogether be dissolved upon 
 his death. 
 
 They would still feel connected by the same habits of 
 intercourse and affection, andby their common interests. 
 
( 44 ) 
 
 Experiencing inconveniences from the absence of 
 that authority of their ancestor, they might be induced 
 to siipply his place by choice of a formal succession. 
 
 Or might imperceptibly transfer their obedience to 
 one of the same family, whom the parent in his life time 
 had in some degree made partaker of his authority. 
 
 Or lastly, the prospect of those inconveniences might 
 prompt the first ancestor to appoint a succession, which 
 they would receive with submission. 
 
 Thus a tribe or clan became incorporated * 
 
 A second source of personal authority results from the 
 military arrangements. § 2. 
 
 In wars men from necessity arrayed themselves under 
 one leader, whose superiority, if he had led them with 
 success, would not terminate with the reasons, for 
 which it was conferred. 
 
 This advantage,if it were added to the authority of a 
 patriarchal chief, might extend, or if in the power of an 
 ambitious and able individual, might supersede the pa- 
 triarchal authority. 
 
 The causes, which have introduced hereditary domi- 
 nion into reception, are chiefly the following : 
 
 The influence of association, which communicates to 
 the son a portion of the respect, which was wont to be 
 paid to the father ; 
 
 The mutual jealousy of other competitors ; 
 
 The greater envy with which all behold the exalta- 
 tion of an equal, than the continuance of acknowledged 
 authority ; 
 
 The adheience of those who can preserve their own 
 importance only by supporting the succession of the 
 reigning prince'* children \ 
 
( 45 ) 
 
 The experienced inconveniences of election to su] 
 preme power. 
 
 Thus far the incorporation and power of clans or 
 tribes. 
 
 Two or three of those clans were frequently, we may 
 suppose, united by marriage, conquest, mutual defence, 
 common distress, &c. and hence empires. 
 
 The early histories of all nations confirm the account 
 of the origin of civil government. 
 
 This history affords a presumption, that the earliest 
 governments were monarchies. 
 
 Ilozo subjection to Civil Government is maintained. C. 2. 
 
 Since in all cases the physical strength resides in the 
 ^governed, the question is, by what motives the many are 
 induced to submit to the few. 
 
 No single reason will account for this general submis- 
 sion of men to civil government : every man has his mo- 
 tive, though not the same. 
 
 The subjects of a state may be divided into three dis- 
 tinctions of characters. 
 
 1st. They who obey from prejudice, i. e. from opi- 
 nion, which is not foundedupon argument. 
 
 These men are determined by an opinion of right in 
 their governors (whatever it may be) which opinion is 
 founded upon prescription. 
 
 The whole course of civil life favours this prejudice, 
 for all civil rights are founded on prescription. 
 
 In all hereditary monarchies the prescriptive title has 
 been more or less corroborated and augmented by an 
 application to the religious principles of men. Hence 
 the title of Sacred Majesty, &c. &c. 
 
 F % 
 
( 46 ) * 
 
 2d. They who obey from reason. 
 
 3d. They who obey from self-interest. 
 
 These men are kept in order by a satisfaction in then: 
 own enjoyments ; or principally by fear of the bad con- 
 sequences to themselves by resistance, which has been 
 called opinion of power. 
 
 From the above principles the following cautions may 
 be suggested to governors. 
 
 1st. To treat the general opinion with deference, be- 
 cause the very existence of civil authority depends on 
 opinion. 
 
 2d. That as opinion of right is for the most part 
 founded on custom, the slightest innovation in thecustom 
 of government diminishes the stability of government. 
 
 3d. Government may be too secure. Wherever this 
 security arises from the opinion of right being predomi- 
 nant, it is abated merely by breaking the custom. 
 
 4th. That the physical strength does reside in the 
 governed; and since ignorance of union and want of 
 communication is the chief preservative to civil govern- 
 ment, it is necessary to prevent combinations of men, 
 who are allied by the same motives and interests. 
 
 The Duty of Submission to Civil Government explained. 
 
 C.3. 
 
 Political writers usually resolve the duty of submis- 
 sion to civil government into the obligation of fidelity 
 in the performance of promises, by making a compact 
 between the citizen and state the ground of the relation 
 between them. 
 
 This compact is twofold. 
 
 1st. An express compact by the primitive founders of 
 
( 47 ) 
 
 the state, who are supposed to have consented to be 
 bound by the resolutions of the majority convened for 
 the purpose of settling a future form of government. 
 This transaction has been called the Social Compact. 
 2d. A tacit or implied compact by all succeeding 
 members of the state, who by accepting its protection, 
 consent to be bound by its laws. 
 
 This account has been founded on a false supposition. 
 No such original convention of the people ever was 
 held, or could be held in any country, anterior to the 
 existence of government in that country. 
 
 Savages could not deliberate on topics, which the re- 
 finements of civil life alone could suggest. 
 
 The establishment of the United States of America 
 was only an imitation of the social compact. 
 
 The settling the constitution, the qaalilications of the 
 constituents, the mode of electing representatives, and 
 many important parts, were taken from old forms of 
 government, and supposed to be already settled. 
 
 The unconstrained consent of all to be bound by the 
 decision of a majority was wanting. 
 
 With regard to the implied compact, all the parties 
 stipulating must possess the liberty of assent, or refusal ■ 
 which cannot be affirmed of the subject of civil gover ' 
 ment. 
 
 Allegiance founded on the circumstance of nativ't - 
 as also the right of prohibiting subjects to depart out of 
 the realm, are irreconcilable with this idea. 
 
 Td prove the possession or acceptance of land to be 
 promise of allegiance, we must prove the right of t^ 
 primitive inhabitant to the soil. 
 
 If this compact be a mere fiction, it is useless toanrue 
 
( 48 ) 
 
 from it; but it has been regarded as a reality, and only 
 deserves an answer, because 
 
 The theory leads to conclusions unfavourable to the 
 Improvement and peace of society. 
 
 1st. There must have been many points settled at the 
 general convention called the " fundamentals of the 
 u constitution/' with which the legislature has no right 
 to interfere, and which from their number and kind 
 must embarrass the legislature. 
 
 2d. The subject being bound by the compact must 
 abide by the form of government, which he finds esta- 
 blished^ be it ever so absurd, inconvenient, or unjust. 
 
 3d. Every violation of the compact on any part must 
 absolve the obligation of the others. 
 
 From the indefinite nature of many of the obligations 
 this must render every form of government liable to 
 perpetual change. 
 
 The only real ground to be assigned for the subject's 
 obligation is — " The will of God as collected from 
 " expediency." 
 
 u It is the will of God that the happiness of human 
 c< life be promoted." 
 
 " Civil society conduces to that end." 
 
 " Civil societies cannot be upheld, unless, in each, 
 H the interest of the whole society be binding on every 
 " part and member of it." 
 
 This conducts us to the conclusion, that — " So long 
 " as the interests of the whole society require it,it is the 
 "zcillofGod, (which en// determines our duty) that 
 ? the established governmentbeobeyed," and no longer. 
 
 On. this principle the justice of every particular case 
 of -resistance is reduced to a computation of the quan- 
 
(49 ) 
 
 tity of danger and grievance on one side, and of the pro- 
 bability and expence of redressing it on the other. 
 
 On this point every man is a judge for himself. 
 
 For the decision cannot be referred to those whose 
 conduct has provoked the question. 
 
 The danger of error and abuse is no objection to the 
 rule of expediency, because every rule is liable to the 
 same or greater; and all rules which bind the con- 
 science, must depend on private judgement. 
 
 Some important inferences result from substituting 
 public expediency, in place of implied compacts, Sec. 
 
 1. It may be a duty at one time to resist government, 
 as it is at another toobey it ; viz. to resist, whenever, in 
 our opinion, more advantage than mischief will accrue 
 to the community from resistance. 
 
 2. The lawfulness of resistance does not depend alone 
 on the grievance sustained, but on the probable expence 
 and event of the contest. 
 
 3. Irregularity in the first foundation, or subsequent 
 injustice in getting possession ofthe supreme poweiyire 
 not sufficientreasons for resistance after the government 
 is once settled. 
 
 4. Not every invasion of the constitution, or neglect 
 of duty in the supreme magistrate, justifies resistance, 
 unless the consequences resulting from them are such as 
 to outweigh the evils of civil disturbance. 
 
 Nevertheless every violation should be watched with 
 jealousy, and resented as such, because security is 
 weakened by every encroachment. 
 
 5. No usage or authority whatsoever is so binding, 
 that it ought to be continued, when it may be changed 
 with advantage to the community. 
 
 The order of succession, and some other points which 
 
( 50 ) 
 
 are represented as the principles of the constitution, are 
 o be approached with awe, as it is of importance that 
 the form and usage of governing shall be acknowledg- 
 ed and understood, as well by governors as the go- 
 verned . 
 
 (5. Though the rights of all men are equal ^expediency 
 renders the civil obligations of a free people, and thfc 
 subjects of absolute monarchies different. 
 
 Because, 1st. The same act of the. prince is not the 
 same grievance/where it is agreeable to the constitution 
 and where it is not; 
 
 2d. Because redress is not equally attainable. 
 
 7. The interest of "the whole is bindingon every part : 
 
 As an individual cannot, neither can a province or 
 colony justly pursue their private interest by a measure 
 which shall appear to diminish the sum of public pros- 
 perity. 
 
 This rule must decide the question of right between 
 Great Britain and her revolted colonies. 
 
 Of the duty of civil obedience) as stated in the Holy 
 Scriptures. C. 4. 
 
 As to the extent of our civil rights and obligations, 
 Christianity has left us, where she found us. 
 
 Only two passages have been alledged in the contro- 
 versy, viz. Romans xiii. v. 1 — 7. andl. Peter luv. 13— 
 
 m 
 
 To comprehend the proper import of them, we must 
 reflect that civil obedience involves two questions : 
 
 1st. Whether to obey government be a moral duty and 
 obligation upon the conscience at all. 
 
 2d. How far and to what cases that obedience ought 
 *o extend. 
 
( 51 ) 
 
 From shewing the end, and the necessity of civil sub- 
 jection, or explaining the social compact, or alledging- 
 the dictates of nature herself, we may infer, that — 
 
 "Obedience to the state is a relative duty, for the 
 transgression of which we shall be accountable at the 
 tribunal of divine justice, whether the magistrate be 
 able to punish us for it, or not;" but — 
 
 The extent of this obedience requires definition and 
 discrimination ; for if public expedience be the founda- 
 tion, it is also the measure, of civil obedience. 
 
 The person who revolts must compare the peril and 
 expence of his enterprize with the effects it was intend- 
 ed to produce, and must make choice of the alternative 
 by which not his own present relief or profit, but the 
 whole and permanent interest of the state is likely to be 
 best promoted. 
 
 This distinction is to be made with regard to the two 
 passages above quoted from Scripture ; they inculcate 
 the duty, they do not describe the extent. 
 
 Witt) the same absolute form of expression, the same 
 Apostles inculcate the observance of domestic duties of 
 servants, children, &c. 
 
 Yet no one can doubt,that the obedience of the above 
 characters ought sometimes to be limited. 
 
 This distinction vindicates these passages of Scripture 
 from any explanation in favour of unlimited passive obe- 
 dience. 
 
 But if we consider that the first Christians privately 
 cherished an opinion, that their conversion to Christia- 
 nity exempted tnem as of right from the authority of 
 the Roman Sovereign, we have more satisfactory proof 
 of the Apostles' meaning. 
 
 8 G 
 
( 52 ) 
 
 Neither the Scriptures, nor any subsequent history, 
 attest these sentiments ; butsupply circumstances,which 
 render the opinion probable. 
 
 The Jews doubted the lawfulness of submission to the 
 Roman yoke, and the Christians being of the same na- 
 tion, were apt,from the affinity of the two religions, to 
 intermix the doctrines of both. 
 
 Again, as appears from St. Peter, some might under- 
 stand the liberty, unto which they were called, as ai* 
 emancipation from any authority merely human. 
 
 St. Paul has said, " Whoever resisteth the power, re- 
 sisted* the ordinance of God.'* 
 
 This phrase, " the ordinance of God," cannot au- 
 thorize any superstitious ideas of the regal character. 
 
 The expression is as applicable to one kind of govern- 
 ment as another. 
 
 It is not affirmed of the supreme magistrate only, but 
 of every inferior officer of the state. 
 
 The right of kings is the law of the land, and is or- 
 dained by God, only by virtue of that decree by which 
 he sanctions every law of society, which promotes the 
 general welfare. 
 
 According to the idea of the origin and constitution 
 of princes, St, Peter denominates them," the ordinance* 
 a of man." 
 
 Of Civil Liberty. C. 5. 
 
 " Civil liberty is the not being restrained by any law, 
 "but what conduces in a greater degree to the public 
 " welfare." 
 
 To do what we will, is natural liberty ,but this libertj 
 can only exist in a state of solitude : 
 
"< A3 ) 
 
 For in society the liberty of the individual would be 
 checked by the opposition of other mens' wills. 
 
 Civil liberty is augmented by the very laws, which 
 restrain it : 
 
 Because the individual gains more by the limitation 
 of other mens' wills, than he suffers by the diminution 
 of his own. 
 
 The above definition of liberty intimates ; 
 1st. That restraint is an evil. 
 
 2d. That this evil ought to be overbalanced by some 
 public advantage. 
 
 3d. That the proof of this advantage lies upon the 
 legislature. 
 
 4th. That a law being found to produce no sensible 
 good is a sufficient reason for repealing it. 
 
 This maxim might be remembered in a review of 
 many laws in this country, especially — 
 The game laws, 
 The poor laws. 
 
 The laws against papists and dissenters. 
 According to this account of civil liberty it follows, 
 That every nation possesses some, no nation perfect 
 liberty. 
 
 That it is not to be totally lost or won by any one 
 event or change whatever ; 
 
 That the freedom or slavery of nations, or of the same 
 nation at different times, is intelligible only in a com- 
 parative sense. 
 
 Hence the distinction between personal and civil li- 
 berty. 
 
 A citizen of the freest republic may be imprisoned 
 for his crimes ; 
 
 Q 3 
 
( 54 ) 
 
 But his civil liberty is not invaded, so long as his con- 
 finement is the effect of a beneficial public plan. 
 
 It is not the rigour, but the inexpediency of laws, 
 which makes them tyrannical. 
 
 Another common idea of civil liberty places it not 
 merely in the exemption from noxious laws, but in the 
 security from the danger of having any such hereafter. 
 
 Thus the late revolution deprived the Swedes of their 
 liberty ; though they are governed by the same or more 
 just laws than before. 
 
 Thus the act of our parliament, which in the reign 
 of Henry VIII. gave the king's proclamation the force 
 of law, may be called a forfeiture of our liberty, though 
 no proclamations were ever issued. 
 
 Thus a mild government under a despotic prince 
 cannot be called civil libertv. 
 
 The various definitions, which have been framed of 
 civil liberty, all are adapted to the same idea; but labour 
 under one inaccurracy, viz. they describe not so much 
 liberty itself, as the various safeguards and preservatives 
 of liberty. , 
 
 Therefore those definitions ought to be rejected, which 
 disturb the public content, by making that essential to 
 our freedom, which is not attainable in experience. 
 
 Both ideas lead to this conclusion, that that people, 
 government, and constitution, is the freest, which 
 makes the best provision for the enacting of expedient 
 and salutary laws. 
 
 Of different Forms of Government. C. 6. 
 In every governmentthere necessarily exists a power, 
 from which there is no appearand which is omnipotent. 
 The person or assembly, in whom this power iesides ; is 
 called the sovereign power of the state. 
 
( 55 ) 
 
 It is called also the legislature of the state. 
 
 A government receives its denomination from the 
 form of the legislature, which form is likewise what we 
 mean by the constitution of a country. 
 
 There are three principal forms of government, from 
 an intermixture of which all actual governments are com- 
 posed. 
 
 1. Absolute Monarchy. 
 
 2. An Aristocracy, the members of which fill up by 
 election the vacancies of their own body, or succeed by 
 inheritance, or some personal right. 
 
 3. A Republic. 
 
 The advantages of the first are unity of council, acti- 
 vity, and secrecy, military energy, exclusion of popular 
 and aristocratical contention, and of the intrigues of am- 
 bition. 
 
 The mischiefs are tyranny and its concomitant- 
 ignorance in the governors of the peoples' interest. 
 
 The advantage of aristocracy consists in the wisdom 
 attained by experience and education. 
 
 The mischiefs are dissensions among the rulers, and 
 partial laws to the oppression of the poor. 
 
 The advantages of a republic are, exemption from 
 needless restrictions, equal laws, public spirit, fruga- 
 lity, averseness to war, the opportunity of calling forth 
 the faculties of the best citizens. 
 
 The evils are, dissension, tumult, faction, the ty- 
 ranny of the majority, the confusion and clamour of an 
 assembled multitude, delay of public counsels, the in- 
 trigues of demagogues, &c. &c. 
 
 Hence in a mixed government, which is composed 
 pf two or more simple forms, their separate advantages 
 and evils are to be cultivated or provided against. 
 
( 66 ) 
 
 Sometimes a quality results from the conjunction of 
 two simple forms of government which belongs not to 
 the separate existence of either : thus corruption may 
 spring up, where the supreme power is divided between 
 an executive magistrate and a popular council. 
 
 An hereditary monarchy is preferable to an elective 
 monarchy. 
 
 Experience has shewn this. 
 
 For the interests and passions of the electors exclude 
 the consideration of the qualities of the competitors ; 
 
 The assembly of the popular choice interrupts regu^ 
 lar industry ; 
 
 The king elected regards his opponents as enemies ; 
 
 Plans of improvement are seldom brought to matu- 
 rity, where the crown devolves by chance. 
 
 Aristocracies are of two kinds ; first, where the power 
 of the nobility belongs to them in their collective capa- 
 city alone. 
 
 This is the constitution of Venice. 
 
 2d. Where the nobles are severally invested with 
 great personal power and immunities, 
 
 This is the constitution of Poland. 
 
 Of these two forms of government the first is more 
 tolerable. 
 
 For however profligate each member may be in his 
 private designs, not having the end to gain, they are 
 cot likely to unite in any specific act of oppression : or 
 if they did, their power is confined ; the tyranny does 
 not extend to so many places at the same time, as it may 
 be carried on by the dominion of a numerous nobility 
 over their vassals. 
 
 Of all dominations this is the most odious 
 
( 57 ) 
 
 The people of Europe have more than once delibe- 
 rately exchanged it for the miseries of despotism. 
 
 E. G. Denmark in^the middle of the last century. 
 
 The late revolution in Sweden owed its success to 
 the same cause. 
 
 In England the depression of the Barons under the 
 house of Tudor. 
 
 The lesson from this is, that a mixed government 
 which admits a patrician order ought jealously to cir- 
 cumscribe its privileges and immunities. 
 
 The following are by no means inconsiderable ad- 
 vantages in a democratic constitution, i. e. when the 
 people partake of the legislature. 
 
 1st. The direction which it gives to the education and 
 pursuits of the superior orders of the community, and 
 consequently its important share in forming the public 
 manners. 
 
 Ambition of political dignity will awaken respectable 
 characters to the improvement of their intellectual fa- 
 culties. 
 
 2. Popular election procures to the common people 
 courtesy from their superiors, in whom it generates 
 settled habits of condescension and respect, 
 
 3. The satisfaction which the people in free govern- 
 ments derive from the knowledge and agitation of poli- 
 tical subjects. 
 
 A gratification by no means unimportant, for it sup- 
 plies a substitute perhaps for drinking, gaming, scandal, 
 and obscenity. 
 
 It has been a received opinion, that a Republican 
 form of governments suits only a small state from the con- 
 siderations. 
 
( 58 ) 
 
 That unless the people in every district be admitted 
 to a share in the national representation, the govern- 
 ment is not, as to them, a republic : 
 
 Xhat the elections are managed by the intrigues of a 
 few : 
 
 That the interest of the constituent becomes too 
 small ; of the representative too great: 
 
 The connection between them is difficult: 
 
 All appeal to the people is impossible from their num- 
 bers : 
 
 • The factions and unanimity of the senate are equally 
 dangerous : 
 
 The mechanism too complicated. 
 
 Much of this reason is done away by the contrivance 
 of a federal republic, such as that of America, 
 
 It is yet to be tried, 
 
 To what limits it can safely enlarge its dominions : 
 
 How far it is capable of uniting the liberty of a com- 
 monwealth with the safety of a powerful empire. 
 
 Whether dissensions will not arise from want of a 
 common superior : 
 
 No record to judge by. 
 
 Of the British Constitution. C. 7. 
 
 By the Constitution of a country is meant so much of 
 its law as relates to the designation and form of the le- 
 gislature. 
 
 Therefore the terms constitutional and unconstituti- 
 onal, mean legal and illegal. 
 
 In Englandthe system of public jurisprudence is made 
 up of acts of parliament, of decisions of courts of law^ 
 and of immemorial usage : 
 
( o9 > 
 
 Consequently these are the principles, of which the 
 English Constitution itself consists. 
 
 It is founded on no higher original, than that which 
 gives force to the laws of the realm. 
 
 An act of Parliament in England can never he pro- 
 perly called unconstitutional. 
 
 In a lower sense it may : viz, when it militates against 
 the spirit of other salutary laws. 
 
 As when a Parliament of Henry VIII. gave the King's 
 proclamation the authority of law. 
 
 " Principles of the constitution/ and other similar 
 expressions often used, seem to refer to some distant 
 aera, when the scheme of our government w r as formerly 
 planned and settled. 
 
 No such plan was ever formed. 
 
 The Constitution of England hath grown out of occa- 
 sion and emergency. 
 
 Thus the great Charter and the Bill of Rights were 
 partial modifications of the Constitution ; they did not 
 give it a ne\y original, 
 
 In the British Constitution there exists a wide dif- 
 ference between the actual state of government, and 
 the theorv ; though the one results from the other. 
 
 Thus the King is invested with absolute personal im- 
 punity, with the power of conferring by charter the 
 privilege of sending representatives into one house of 
 parliament, and of placing whom he will in the other. 
 
 These prerogatives, which seem to make him despotic, 
 are dwindled to mere ceremony. 
 
 In their stead has arisen a sure and commanding in-* 
 fluence from the enormous patronage placed in the &$-« 
 posal of the executive magistrate. 
 
 H 
 
( 60 ) 
 
 Upon questions of reform therefore, the change ought 
 not to be adventured upon without a cool, sober, com- 
 prehensive discernment of the consequences. 
 
 For inpolitics the most important effects have for the 
 most part been incidental and unforeseen: the direct 
 consequences are often the least important. 
 
 Thus Elizabeth and her successor encouraged trade, 
 by wise laws. 
 
 They were not conscious, that at the same time they 
 encouraged a consciousness of strength and indepen- 
 dence, which could not long endure the dominion of ar- 
 bitrary princes. 
 
 The mutiny Act was made an annual bill merely from 
 the expediency of retaining a controul over the most 
 dangerous prerogative of the crown, the command of a 
 Standing army. 
 
 It has altered the whole frame of the British Consti- 
 tuticnf 
 
 A standing army has become essential to the safety 
 and administration of government. 
 
 Parliament by discontinuing this provision can en- 
 force its resolutions on any subject. 
 
 A contest between the King and Parliament must dis- 
 solve the constitution. 
 
 Lastty, the nomination of all employments in the pub- 
 lic service was conferred on the crown from the obvi- 
 ous propriety, that & master should chuse his own ser- 
 vants. 
 
 It has added an influence, which has changed the 
 character of the constitution : 
 
 For patronage is power. 
 
( 61 ) 
 
 There is one end of civil government peculiar to & 
 good government ; the happiness of its subjects. 
 
 There is another essential end, but common to it 
 with many bad ones ; its own preservation. 
 
 Many things in the English, as in every constitution* 
 are to be vindicated solely as provisions for its perma- 
 nency. They are, however, of subordinate considera- 
 tion to the value of the constitution itself. 
 
 The Government of England is formed by a combina- 
 tion of the three regular species of government ; the 
 Monarch}*-, residing in the King ; the Aristooxacy,in the 
 House of Lords ; and the Republic, in the House of 
 Commons. 
 
 Such a scheme is intended to unite the advantages of 
 the several simple forms, and to exclude the ineonve-. 
 niences, as enumerated in the preceding chapter. 
 
 JTh.e subject may be considered by remarking the ex- 
 pedients, by which the British Constitution provides; 
 
 1st. For the interests of its subjects : 
 
 2d. For its own preservation. 
 
 The contrivances for the first are the following : 
 
 Every citizen is capable of becoming a member of the 
 senate, and every senator has the right of propounding 
 whatever law he pleases. 
 
 Every district has the privilege of choosing represen- 
 tatives informed of their interest. 
 
 The right of voting for representatives being annex,, 
 edto different qualifications in different places, each or- 
 der and profession of men in the community become 
 "virtually represented. 
 
 The elections are so connected with the influence of 
 landed property, that a considerable number of men of 
 
 H 2 
 
( 62 ) 
 
 great estates must be returned to parliament ; and are 
 also so modified,, that men the most eminent in their 
 profession are the most likely to prevail* 
 
 Their number, fortune, and various interests, and 
 above all the temporary duration of their power, are se- 
 curities forthe freedom of their judgment. 
 - The representatives are so mixed with their consti- 
 tuents, that they cannot impose a burthen, in which 
 they do not themselves share. 
 
 The proceedings of parliament, and parliamentary 
 conduct of each member, are known by the people at 
 large. 
 
 Political importance depends so far upon public fa- 
 vour, that a member cannot more effectually raise him- 
 self to eminence, than by contriving salutary laws. 
 
 From all the above it may be presumed, that wise 
 counsels will receive the approbation of the majority ^f 
 the House of Commons. 
 
 For the advantage of monarchy the executive govern- 
 ment is committed to an hereditary King. 
 
 In the defence of the empire ; in the maintenance of 
 its dignity ; in the advancement of its trade by treaties ; 
 and in providing for the administration of municipal 
 justice, the interest of the king and people usually coin- 
 cides : in this part the regal office is therefore trusted 
 with ample power. 
 
 In the articles of taxation and punishment, when thei 
 interests are different, the safety of the people is strictly 
 guarded by the constitution. 
 
 Every law to levy money must originate in the Houses 
 $f Commons. 
 
 Th§ application of the public supplies is watched,aiwl 
 
( 63 ) 
 
 is under certain regulations ; the expenditure of tlietfi 
 is accounted for in the House. 
 
 With respect topitnishment, the guilt of the offender 
 must be pronounced by twelve men of his own order, 
 by a jury, and the punishment of each crime is fixed. 
 
 Illegal imprisonment is completely provided against 
 by the Habeas corpus Act. 
 
 In a charge of Treason, where government is a party 
 in the prosecution, the subject is assisted in his defence 
 by extraordinary indigencies: viz. A copy of his in- 
 dictment, a list of the witnesses to be produced, and of 
 the jury to be ifnpannelled, ten days before trial : he 
 is permitted to make his defence by counsel, and above 
 all, two witnesses are required to convict him. 
 
 3d. The constitution provides for its own preserva- 
 tion, by what has been called the balance of the consti- 
 tution, which consists in two contrivances — a balance 
 of power and a balance of interest. 
 
 By the balance of power, there is no power possessed 
 by one part of the legislature, which it can abuse with- 
 out being checked by the other. 
 
 If laws subversive of regal government are framed, 
 the King can interpose his negative. 
 
 The Parliament can check any arbitrary application 
 of this negative by refusing supplies of money. 
 
 H The King can do no wrong :" but they who con- 
 cur and assist in any illegal command, are subject to 
 prosecution and cannot plead his pardon. 
 
 No act of the crown can be legal, till authenticated 
 by the subscription of some of its great officers. 
 
 The power of the crown over the military, and tor 
 
( 64 ) 
 
 declare war, can be checked by the Parliament's refu- 
 sing supplies. 
 
 The influence of favoritism is subdued by the neces- 
 ^Ity of choosing men most capable of managing the 
 state. 
 
 By thebalanceof interest is meantthis :—- that the re- 
 spective interest of the three estates are so adjusted^ 
 that whichever shall attempt any encroachment, the 
 other two will unite in resisting it. 
 
 The proper use and design of the House of Lords is, 
 
 1st. To enable the King by his right of the peerage 
 to reward the servants of the public at a small expenee 
 to the nation* 
 
 2d. To fortify the stability of the regal government, 
 
 3d. To stem the progress of popular fury. 
 
 Occasions may arise, in which the commonwealth 
 inay be saved by the reluctance of the nobility, who 
 have separate prejudices and interests, to adopt the ca- 
 prices, or to yield to the vehemence of the people. 
 
 If their privileges be restrained, there can be little 
 inconvenience to the people from the increase of their 
 number :— -the same quantity of power divided amongst 
 Jnore hands. 
 
 The admission of a small number of ecclesiastics into 
 the house of Lords is an equitable compensation to the 
 Clergy, who are a body of considerable property, num- 
 ber, and influence, for their exclusion from the House 
 of Commons. 
 
 If they should be obsequious, they are properly put 
 in that house, where frequent resistance to Government 
 is not expected. 
 
i 65 ) 
 
 ■ No sufficient reason evident for exempting the per- 
 sons of members of either House of Parliament from ar- 
 rest for debt. 
 
 When extended to domestics and retainers, it be- 
 comes an absurd sacrifice of equal justice to imaginary 
 dignity. 
 
 There is nothing in the British Constitution so remark- 
 able, as the irregularity of the popular representation. 
 
 The House of Commons consists of 548 members, of 
 whom 200 are elected by 700 constituents. 
 
 In one part of the kingdom a person may be one in 
 twenty, who choose two representatives, in another he 
 inay have no representative at all. 
 
 It may be said, that one half of the House of Com- 
 mons obtain their seats in that assembly by the election 
 of the people, the other half by purchase, or by the no- 
 mination of the proprietors of great estates. 
 
 This incongruity in the constitution strikes most 
 forcibly at first sight : before we adventure upon refor- 
 mation, we ought to be assured, that the magnitude of 
 the evil will justify the danger of the experiment. 
 
 We wave all controversy with those who wish to al- 
 ter iXwform of the government ; as the republican. 
 
 With those who insist upon representation as a natu- 
 ral right. 
 
 It is a natural right so far onh T , as it conduces to the 
 public utility, i. e. to the establishment of good laws, 
 and as it secures to the people the just administration 
 of them. 
 
 These effects depend on the abilities and dispositions 
 of the national counsellors. 
 
 Wherefore if men most likely to know and promote 
 
( M > 
 
 the public interest are returned to Parliament, it signi- 
 fies little, who return them. 
 
 In the House of Commons are found the most eonsU 
 derable landholders, and merchants of the kingdom ; 
 the heads of the army, navy, law ; the occupiers of great 
 offices in the state ; together with many individuals 
 eminent for their knowledge, eloquence, and activity. 
 
 Does any scheme of representation promise to collect 
 together more wisdom, or to produce firmer integrity ? 
 
 If we attend to effects, there is a just excuse for those 
 points of the present representation, which appear at 
 first view absurd. 
 
 No order or assembly of men whatever can long 
 maintain their place and authority, of which the mem- 
 bers do not individually possess a great share of personal 
 importance. 
 
 The present arrangement secures a great weight of 
 property to the House of Commons. 
 
 The constitution of ihe small boroughs contributes to 
 this effect ; as the appointment is generally annexed tq 
 certain great inheritances. 
 
 Elections purely popular are in this respect uncertain. 
 
 It has been observed, that conspicuous abilities are 
 most frequently found with t\\e representatives of small 
 boroughs ; this is natural. 
 
 They are most likely to become purchasers, who by 
 their talents can make the best of the bargain. 
 
 The opulent patron, who gives a seat, finds his own 
 interest consultedby the reputation and abilities of the 
 person, whom he nominates. 
 
 If certain of the nobility hold the appointment of 
 
( 67 ) 
 
 some representative, it serves to maintain a beneficial al- 
 liance between the two branches of the legislature. 
 
 If a few boroughs lie at the disposal of the crown, 
 whilst their number is known and small, they may be 
 tolerated with little danger. 
 
 The present representatives, after all these deduc- 
 tions, are so connected with the mass of the community, 
 thatthe will of the people, when determined and per- 
 manent, generally prevails. 
 
 The diminution of the influence of the crown is the 
 chief design of the various schemes for a reform in Par-* 
 liament. 
 
 The more obvious and safe way of attaining the same 
 end would be to reduce the patronage of the Crown. 
 
 Many wise and virtuous politicians think it a neces- 
 sary ingredient in the British Constitution, which gives 
 cohesion to the whole. 
 
 If the measures of government were opposed from no- 
 thing but principle, the government ought to have no- 
 thing but rectitude to support them. 
 
 Faction, envy, a willingness to thwart ambition, love 
 of shewing power, might induce a great party to draw 
 to themselves the whole government, or wantonly and 
 effectually to obstruct the business of the nation. 
 
 Government must possess an influence to counteract 
 these motives ; to produce not a bias of the passions, bufc 
 a neutrality. 
 
 Our own national history affords ground for these ap- 
 prehensions. 
 
 Till the reign of Charles I. the King carried his mea- 
 sures by intimidation: after the restoration three sue* 
 
( 68 > 
 
 ceeded, and has since the revolution been methodically 
 pursued, the more successful expedient of influence. 
 
 The assemblies of the colonies in America possessed 
 much of the constitution of our House of Commons. 
 
 The King had no influence among them. 
 
 To this cause, among others, we may attribute the 
 changes, that have taken place. 
 
 These examples will have weight with those, who 
 consider stability among the first perfections of any go- 
 vernment. 
 
 This apology for influence relates not to ajustifi cation 
 of bribery, nor does it require any sacrifice of personal 
 probity. 
 
 In political, above all other subjects, the wisest judg- 
 ment may be held in suspence. 
 
 There are subjects of apparent indifference. 
 
 This occurs frequently in personal contests. 
 
 These cases cpmpose the province of influence. 
 
 The only doubt is what influence shall be admitted. 
 
 If the influence of the crown is removed, another 
 would succeed. 
 
 If motives of gratitude and expectation be with- 
 drawn, others equally irrelevant to the merits of the 
 question will succeed in their place. 
 
 The success of influence in matters of indifference 
 does not prove, that the consent of parliament could be 
 procured to measures evidently detrimental. 
 
 There is more reason to fear, that without influence 
 the prerogative could not support itself. 
 
 From all the above we may conclude, that an inde- 
 pendent parliament is incompatible with the existence 
 of monarchy. 
 
\ 
 
 X 69 ) 
 
 Of the Administration of Justice. C. 8. 
 
 The first maxim of a free state is that the laws be made 
 by one set of men and administered by another, that 
 the legislative and judicial authorities be kept separate : 
 
 Because then general laws are made by one body of 
 men without seeing whom they may affect, and must be 
 applied by the other, let them affect whom they will. 
 
 In this country the legislative and judicial functions 
 are effectually divided. 
 
 This fundamental rule of civil jurisprudence is vio- 
 lated in cases of attainder or confiscation, in bills of 
 pains and penalties, and in all ex post facto laws, in 
 which parliament exercises the double office of legisla- 
 ture and judgment. 
 
 Experience has shewn, that in these instances the 
 valuable rule nad better never been infringed. 
 
 The escape of one delinquent cannot produce so much 
 harm, as ma}' arise from the infraction of a rule, on 
 which the existence of civil liberty essentially depends. 
 
 The next security forthe impartial administration of 
 justice is the independence of the judges, especially in 
 decisions to which government is a party. 
 
 The judges not unfrequently become arbiters between 
 the King and people ; thev ought therefore to be inde- 
 pendent of either. 
 
 This policy dictated that improvement in our consti- 
 tution, by which the judges, though appointed by the 
 King, can be removed by an address from both houses 
 of Parliament. 
 
 Their salaries ought to be such as may render their 
 situation respectable, and desirable by men q\ eminence, 
 and secure their integritv, 
 
 " I % 
 
( 70 ) 
 
 A third precaution to be observecUin the formation of 
 a court of judicature is, that the number of judges be 
 small. For beside the violence and tumult inseparable 
 from large assemblies, judges when they are numerous, 
 divide the shame of an unjust determination ; whereas 
 each should be responsible in his separate and particu- 
 lar reputation. This has been exemplified in the trans- 
 ferring of the trial of parliamentary elections from the 
 House of Commons to a select committee. 
 
 An even number of judges, is preferable to an odd 
 one, and four seems better than any other, as there must 
 be a majority of three to one. 
 
 A fourth requisite in the constitution of a court of 
 justice is, that it be held apertisforibiis. 
 
 Something is gained to the public by appointing two 
 Or three courts of concurrent jurisdiction, that it may be 
 in the option of the suitor, to which he will resort. 
 
 But lastly, one supreme tribunal is necessary, by 
 whose final sentence all other courts should be bound. 
 
 This preserves an uniformity in the decisions of infe- 
 rior courts, and maintains to each its proper limits. 
 
 There are two kinds of judicature, the one, where 
 the office of judge is permanent in the same person ; the 
 other, where the judge is determined by lot at the 
 time of trial. 
 
 The advantage of the former is the knowledge and 
 readiness of experience : the defect, the possibility (as 
 he is known beforehand) of secret management, 
 
 The advantage of the latter is indifFerency: the de- 
 fect, the w r arjt of legal science^, which may produce uni- 
 formity. 
 
 The construction of English courts of law in which 
 
( 71 ) 
 
 causes are tried by the jury with the assistance of a 
 judge, combines both the two with peculiar success. 
 
 Everv deviation from this mode of trial, such as sum- 
 nary convictions before justices of the peace, and 
 courts of conscience, ought to be watched with vigi- 
 lance. 
 
 The trial by jury is sometimes inadequate to the ad- 
 ministration of equal justice. 
 
 This takes place chiefly in disputes in which some no- 
 pular passion intervenes ; as 
 
 Where an order of men are obnoxious from their pro- 
 fession, as are officers of the revenue, &c. or where the 
 interest of one of the party may be in common with the 
 general interests of the jurors, as in contests between 
 landlords and tenants, Sec. 
 
 Or, lastly, where the minds are inflamed by political 
 or religious dissensions. 
 
 Causes of this kind might be better removed from the 
 neighbourhood of the parties. 
 
 The experiment of leaving it to the judges only is too 
 big with public danger. 
 
 The situation of the courts of judicature presents an 
 alternative of difficulties. 
 
 If there were only a few courts, and those in the me- 
 tropolis, the consequence would be great expence in the 
 conveyance to it, and prolixity of proceeding. 
 
 If domestic tribunals be erected in each neighbour- 
 hood, there is danger of ignorance and partiality in the 
 judge of the supreme tribunal. 
 
 Oar itinerary courts are relieved from both these ob- 
 jections, and there becomes one law of the land in every 
 part of the kingdom. 
 
C 72 ) 
 
 Next to the constitution of courts of justice, the max* 
 mis which ought to guide them, are to be considered. 
 . The chief point of enquiry here is, how far, and for 
 what reasons, or whether at all, it is expedient to adhere 
 to precedents ; or whether it be necessary forjudges to 
 attend to any other consideration, than the apparent 
 and particular equit}' of the case before them. 
 
 Precedents ought not to be incontrovertible, because 
 this would give the sentence of judges all the authority 
 which w r e ascribe to the most solemn acts of the legisla- 
 ture : yet the general security requires, that such pre- 
 cedents should not be overthrown without the detection 
 of manifest error. 
 
 1. That the discretion of judges maybe bound by a 
 positive rule. 
 
 £. And principally, that the subject, where his legal 
 interest is concerned, may know beforehand, how to 
 act, and what to expect. 
 
 (The superintendence of parliament could not con* 
 troul abuses of judicial discretion, if there was no ac- 
 knowledged standard of what is right.) 
 
 Without this knowledge the spirit of litigation piust 
 prevail, and the worst property of slavery would be en- 
 tailed on the subject, no assurance of his rights, or 
 knowledge of his duty. 
 
 However, from adherence to precedents two incon- 
 veniences arise : — 
 
 The hardship of particular determination, and the in 
 tricacy of the law, as a science. 
 
 To the first we may answer, that uniformity is of 
 more importance than equity, in proportion as. general 
 
( 73 ) 
 
 uncertainty would be a greater evil than particular in- 
 justice. 
 
 The second is attended with no greater inconveni- 
 ence, than that of erecting the law into a separate pro- 
 fession. 
 
 To a thinking mind this question frequently occurs ; 
 Why, since the maxims of natural justice are few and 
 evident, do there arise so many doubts and controver j 
 sies in their application? If a system of morality, con- 
 taining both the precepts of revelation, and deductions 
 of reason maybe comprised in one moderate volume, 
 what need of those tomes of statutes and reports. 
 
 In answer to this it is to be observed. 
 
 1. That treatises of morality always suppose facts to be 
 ascertained, and the intention likewise of the parties to 
 be laid open. 
 
 The discussion of these facts and the discovery of 
 these intentions remain to exercise the enquiry of courts 
 of justice, wherein the arbitration must proceed upon 
 rules of evidence and maxims of credibility, with which 
 the morality has no concern. 
 
 ( 1. There exist a number of cases in which the law of 
 nature prescribes nothing except that some certain rule 
 be adhered to, which has been introduced by an act of 
 the legislature, or by custom. 
 
 Thus in the descent of lands, &c. from in testate^ pro- 
 prietors, whether the kindred of the grandmother, or 
 great grandmother, shall be preferred in the succession ; 
 whether sons shall be preferred to daughters or the el- 
 der to the younger, and in various other questions which 
 relate to the right or acquisition of property. 
 
( 74. ) 
 
 Many things are in their nature indetirminatt, as the 
 age of legal discretion. 
 
 Other things are perfectly arbitrary, as the time 
 which should be assigned and limited for defendants to 
 plead to the complaints alleged against them, and almost 
 all those rules which constitute what is called the prac- 
 tice of the court. 
 
 3. In contracts between merchant, servant, &c. whe- 
 ther expressed or implied, which involve a great num- 
 ber of conditions, natural justice can only refer to the 
 custom of the court .try. 
 
 4. As the law r s of nature require, that the just engage- 
 ments which a man enters into, should continue in 
 force beyond his own life, the private rights of persons 
 frequently depend upon what has been transacted in 
 times remote from the present. 
 
 Thus in questions between lords of manors and their 
 tenants ; the King, and those who claim royal franchises ; 
 in tracing boundaries, 8cc. old covenants must be re- 
 ferred to, concerning the existence or conditions of 
 which doubts must perpetually occur. 
 
 5. The quantity or extent of an injury is often dubi- 
 ous and undefined, and cannot be ascertained by any 
 rule which the law of nature supplies, as when a man 
 may have suffered in his person by any assault,or in the 
 comfort of his life by the seduction of his wife or daugh- 
 ter, See. 
 
 fj. Controversies arisein the interpretations of written 
 laws, originating in some contingency which the com- 
 poser of the law did not foresee. 
 
 . 7. In the deliberations of courts of justice on every 
 new question, a difficulty arises between the attention 
 
( 75 ) 
 
 which is due to the truth and justice of the cause be- 
 tween the parties, and to the consequence of the prin- 
 ciple which the precedent establishes. 
 
 Finally ; one principal source of disputation must be 
 " the competition of opposite analogies" 
 
 Questions arise continually, which resemble others^ 
 wh£re the point of law is fixed, only in part. 
 
 It is in the reconciliation of different analogies that 
 the contention of the bar is carried on : as in the dis- 
 pute concerning literary and other property. 
 
 The few questions referred to superior courts shew, 
 that doubtful and obscure points of law are not so nume- 
 rous as they are apprehended to be. 
 
 There are two peculiarities in the judicial constitution 
 of this country, which do not carry with them that evi- 
 dence of their propriety, which recommends every 
 other part of the system. 
 
 1. The rule, w r hich requires that juries should be 
 unanimous in their verdict. 
 
 To expect that twelve men promiscuously taken 
 should be unanimous on a point confessedly dubious is 
 absurd. 
 
 The effects are not so detrimental as the rule is unrea- 
 sonable. 
 
 For in criminal prosecutions it operates on the side of 
 riiercy : in civil cases it adds weight to tbe direction of 
 the judge, as the jury will naturally close their disputes 
 by a subscription to the opinion of the bench. ■ 
 
 However there would be more assurance that the 
 conclusion is founded in reasons of apparent truth a<i4 
 justice, if it were left to a certain majority, 
 i K 
 
( 76 ) 
 
 ®, The choice of the House of Lords, as the last and 
 highest court of appeal. 
 
 There is nothing in the constitution of that assembly, 
 that should qualify them for this arduous office, except 
 that the elevation of their rank and fortune affords a se- 
 curity against the influence of bribes. 
 
 The effect has proved the truth of this maxim/'That 
 when a single institution is extremely dissonant from 
 other parts of the system to which it belongs, it will al- 
 ways find some way of reconciling itself to the analogy 
 which governs and pervades the rest." 
 
 By constantly placing in the House of Lords some of 
 the most eminent lawyers, and by the undisputed defe- 
 rence which the members pay to the learning of their 
 colleagues, the judges, the appeal is in fact made to the 
 collected wisdom of our supreme courts of justice. 
 
 These, however, even if real, are minute imperfec- 
 tions. 
 
 The equal administration of the laws is the first bles- 
 sing of social union, and we enjoy this blessing in a per- 
 fection above any other nation. 
 
 Of Crimes and Punishments. C. 9« 
 
 The proper end of human punishment is not the satis- 
 faction of justice, but the prevention of crimes. 
 
 By the satisfaction of justice is meant the retribution 
 of so much pain for so much guilt ; which isJ:he dispen- 
 sation w-e expect at the hand of God. 
 
 Now that, which is the cause and end of punishment, 
 ought to regulate the measure of its severity. 
 
 Hence crimes are not by any government punished in 
 proportion to their guilty nor ia all cases ought to be so, 
 
( 77 ) 
 
 but in proportion to the difficulty and necessity of pre- 
 venting them. 
 
 Thus the law denounces a severer punishment against 
 stealing goods out of a shop, than out of a house. 
 
 It follows, that punishments ought not to be rendered 
 severe, when the crime can be prevented by any other 
 means. 
 
 Thus since the practice of weighing gold, the san- 
 guinary lavs against counterfeiting or diminishing the 
 gold coin have slept. 
 
 A breach of trust is a greater crime than other frauds, 
 but is punished with less severity, because it may be 
 prevented by. proper circumspection in choice of per- 
 sons, &c. Bto. 
 
 Where the confidence Is unavoidable, as in a servant, 
 &c. the sentence cf the lav/ is not less severe, and is 
 more rigorously executed, than if no trust had inter- 
 vened. 
 
 In pursaar ee of the same principle, the facility with 
 which aivy3p2c'°;> of crime is perpetrated, is deemed a 
 reason for ag ring the punishment. 
 
 Thus of this kind are sheep-stealing, the stealing of 
 cloth from tenters, &c. &c. 
 
 From the justice of an omniscient God, we may ex- 
 pect a gradation of punishment proportioned to the 
 guilt abstracted from any foreign consideration. 
 
 This cannot be expected from the government of man, 
 whose authority over his fellow creatures is limited by 
 defects of power and knowledge. 
 
 There are two methods of administering penal justice. 
 
 The first method assigns capital punishments to few 
 
 ©flfences, and inflicts it invariably, 
 
 K % 
 
( 78 ) 
 
 The second assigns it to many kinds of offences, but 
 inflicts it only upon a few examples of each kind. 
 
 The latter method has been long adopted in thiscoun- 
 try. 
 
 The preference of this to the former method is found- 
 ed on the consideration, that the selection of proper ob- 
 jects for capital punishments depends on circumstances, 
 which cannot be ascertained with thatexactness,which 
 is requisite in legal description. 
 
 Hence although it be necessary, that the whole au- 
 thority of the legislature should fix by precise rales the 
 limit to which punishment may be extended, yet the 
 mitigation of punishment may be entrusted without 
 danger to the executive magistrate, whose discretion 
 will operate on the circumstances* 
 
 If judgment of death were reserved for a few species 
 Of crimes only, many crimes of dangerous example 
 would go unpunished. 
 
 If there were no power of relaxation, some would 
 undergo this punishment, when it was neither deserved, 
 nor necessary. 
 
 By the latter expedient used in England: few actually 
 puffer death, while the dread and danger of it hangs 
 over man v. 
 
 The wisdom of this mode excuses the multiplicity of 
 capital offences in the English code. 
 
 Privately stealing from the person is a crime, the 
 leaking of which capital,can hardly be defended on the 
 abovenien tidied principles. 
 
 For it excludes every degree of force, and might be 
 yreyented by common circumspection. 
 
( 79 ) 
 
 The prerogative of pardon is properly reserved to the 
 chief magistrate. 
 
 It is too high a power fur many hands, or for any in* 
 ferior officer in the state. 
 
 The King can best collect advice, and is removed $t 
 the greatest distance from private motives. 
 
 The exercise of this power i& as much a judicial act 
 as the trial of the prisoner. 
 
 Consequently any partiality In the exercise of it is as 
 heinous as corruption in a judge. 
 
 -Aggravations, which ought to guide the magistrate 
 in the selection of objects for condign punishment, are 
 principally these three : repetition ; cruelty ; combina- 
 tion. 
 
 In crimes perpetrated by a multitude, it is proper to 
 separate ia the punishment the ringleader from his fol- 
 lowers. 
 
 This casts an obstacle in the way of such confedera- 
 cies. 
 
 Injuries effected by terror and violence ought chiefly 
 to be repressed, because their extent is unlimited : be- 
 cause no private precaution can protect the subject 
 against them : because they endanger life and safety, 
 as well as property : because they render the condition 
 of society wretched by a sense of personal insecurity. 
 
 These reasons do not apply to fraud, which circum- 
 spection can prevent, Sec. 
 
 In estimating the comparative malignancy of crimes 
 of violence, regard is to be had not only to the mis- 
 chief of the crime, but the fright occasioned b}- the attack. 
 
 This consideration places a difference between breaking 
 into a dwelling house by day and by night : this differ* 
 
( 80 ) 
 
 ence obtains in the punishment of the offence by the 
 law of Moses, and in the codes of most countries. 
 
 Of injuries which are effected without force, the most 
 noxious are forgeries, counterfeiting or diminishing the 
 coin, and the stealing of letters in the course of their 
 conveyance. 
 
 Though these seem to effect property alone, yet their 
 general consequences, if they became frequent, would 
 tend to lay waste human existence. 
 
 They who regard the divine rule of life for life, and 
 blood for blood, may perceive with respect to the ef- 
 fects of action a great resemblance between certain atro- 
 cious frauds, and those crimes which attack personal 
 safety. 
 
 There appears a substantial! difference between the 
 forging of bills of exchange, &c. where credit is given 
 merely to the signature, and between the forging of 
 bonds, &c. where deceit might be precluded by proper 
 circumspection m the parties. 
 
 The law however makes no difference, 
 
 Perjury is a crime, the general consequences of 
 which might be put upon a level with the most flagitiout 
 fraud. 
 
 The obtaining of money by secret threats deserves to 
 be reckoned among the worst species of robbery. 
 
 The frequency of capital executions in this country 
 owes its necessity to three caqses 5 much liberty, great 
 cities, and the want of punishment short of death pos- 
 sessing a sufficient degree of terror. 
 
 With respect to the first, the jealousies with which a 
 free people watch their liberties, will not permit the 
 &;Qtttjoul, which is exercised with success in arbitrary. 
 
( 81 ) 
 
 goverhments, such as the master of a family rendering 
 an account of all his inmates, the patrol of soldiers in 
 the streets, &c. &c. 
 
 With respect to the second, great cities present easier 
 opportunities and incentives to libernitism, enable them 
 to collect in confederacy, afford concealment, &c, &c* 
 
 3. Transportation which is the sentence second in the 
 order of severity, answers the purpose of example very 
 imperfectly. 
 
 Because it is a slight punishment to those who have 
 no home. 
 
 Because the punishment is unobserved and unknown. 
 
 This casm in the scale of punishment produces two 
 great imperfections. 
 
 1. It extends the same punishment to crimes of dif- 
 ferent magnitude. 
 
 2. Punishments separatedby awide interval are assign- 
 ed to crimes hardly distinguished in their guilt. 
 
 The end of punishment is twofold, amendment and 
 example. 
 
 In the first little has been efFected,criminals generally 
 returning more hardened. 
 
 Pardons at the point of death might now and then 
 have great effect, but cannot be often repeated. 
 
 Of the reforming punishments, solitary imprison- 
 ment promises the most success. 
 
 As aversion to labour is the cause, from which half 
 the vices of low life proceed, punishments should be 
 contrived with a view to the conquering of this dispo- 
 sition. 
 
 A portion of the prisoner's earnings by labour should 
 
( S3 ) 
 
 befeft to his use, and confinement might be measured 
 by quantity of work. 
 
 The principal question is, what to do with ■criminal*; 
 after enlargement. 
 
 It is worth the attention of all, who wish well to the 
 country, to consider what means will best answer the 
 two great purposes of employment and dispersion. 
 
 Torture is applied to extort confessions -of guilt, ort0 
 prolong the pains of death* 
 
 The question by torture iseqtiivocaiin itsefTeets;pain 
 operating in like manner upon the innocent and guilty. 
 False accusations tftay be extracted from the One* 
 W&ft fv&tn the other. 
 
 Barbarous spectacles tend either to harden and de- 
 prave the public fee lings, or sink mens 7 abhorrence of 
 the crime in their commisseration of the criminal. 
 
 That mode of •ptmishment is preferable, which alig- 
 nments the horror of the punishment without impairing 
 the public sensibility. 
 
 Infamous punishments are to be confined tooffences 
 tmiVersaMy detested, tmd to offenders sensible of shame. 
 Thecertainty of punishment is of more consequence: 
 than the severity. 
 
 Criminals en^co ftrage themselves more with the chance 
 t>f escape, than^mpare the irwits of their criiiie with 
 the probable pain of punishment. 
 
 Those -contrivances directed towards the restraint of 
 'Crimes are most effectual, which facilitate the convic- 
 tion of criminals. 
 
 Upon this principle, the scrupulousness of juries in 
 ^esn^nding proofs of a crime, of which its nature and 
 seeresy scarcely admit, is injurious to society. 
 
( 83 ) 
 
 It encourages villany by confessing the impossibility 
 of bringing villains to justice. 
 
 Two maxims are generally the cause of these injudi- 
 cious acquittals. 
 
 1st. " That circumstantial evidence falls short of po- 
 sitive proof." 
 
 This is untrue ; a concurrence of well authenticated 
 circumstances being a stronger ground of assurance 
 than positive testimony unconfirmed by circumstances. 
 
 2d. " That it is better for ten guilty to escape, than 
 that one innocent should suffer." 
 
 But the security of civil life being protected by the 
 dread of punishment, the misfortune of an individual 
 cannot be put in competition with this object. 
 
 Though every care should be taken of each indivi- 
 dual, yet courts of justice ought not to be deterred by 
 every appearance of danger. 
 
 Of Religious Establishments and of Toleration, C. 10. 
 
 A religious establishment is no part of Christianity,it 
 is only the means of inculcating it. 
 
 No commands were delivered by Christ for establish- 
 ing any form of church government, with a view of 
 fixing a constitution for succeeding ages to be adopted 
 every where, and at all times by Christians. 
 
 This reserve is sufficiently accounted for by two rea- 
 sons. 
 
 1st. That no precise constitution could be framed, 
 adapted equally to the church in its primitive state, 
 with the condition it was to assume, when become a 
 national religion. 
 
 2dly. That a particular designation of offices among 
 
( 84 )■ 
 
 his primitive ministers might, by interfering with the 
 civil policy, have obstructed the progress of the religion 
 itself. 
 
 The authority therefore of a church establishment is 
 founded upon its utility, "' nsa scheme of instruction/* 
 The notion of a religious establishment comprehends 
 three things. 
 1st. A clergy. 
 
 2d. A legal provision for their maintenance. 
 3d. Confining that provision to the teachers of a par- 
 ticular sect of Christianity. 
 
 In defending ecclesiastical establishments, the first 
 and fundamental question is, — Whether Christianity 
 ean be maintained, unless a'class of men be set apart 
 from other employments by public authority, to the 
 Study and teaching of religion.* and the conducting of 
 public worship? 
 
 A clergy is necessar}^ because it is an historical re-* 
 ligion, and requires a peculiar and very comprehensive 
 branch of knowledge, the dead languages, Jewish his- 
 tory, &c. and because the ordinary office of public 
 /teaching requires qualifications not usually to be met 
 with amidst the offices of civil life. 
 
 To obtain these qualifications,study, preparation, lei- 
 sure,, and a peculiar education are necessary. 
 
 2d. Whether their maintenance should depend or* 
 the will of their hearers, or be assigned by law ? 
 
 To the scheme of voluntary contributions there aie 
 the following objections : 
 
 That they depend on caprice, therefore no peraxar 
 ment maintenance. 
 
( 35 ) 
 
 That people might be tempted to prefer their interest 
 to religion. 
 
 That the ministry would be degraded by the idea of 
 begging. 
 
 3d. Whether this provision shall be confined to one 
 sect in preference to all others of irreconcileable opi- 
 nions ? 
 
 This question is dependent upon another, viz. How 
 find by whom shall ministers be appointed r 
 
 If our species of patronage be retained, a test is ne- 
 cessaiy to prevent discordancy of opinions between the 
 t eacher and congregation. 
 
 If the appointment be in the hands of the separate 
 parishes, there would be endless disputes among the 
 different sects about the choice of the minister. 
 
 Kit bein the state,a national religion commences im- 
 mediately. 
 
 The le^al maintenance of a clergy, without a le°;al 
 preference of one sect to another, seems practicable 
 only in a mode said to have been adopted in North 
 America. 
 
 Every man is obliged to contribute towards the main- 
 tenance of religion, but the choice pf the sect, to whose 
 ministers he contributes, is left to himself. 
 
 To this mode are the following inconveniences : 
 
 1st. That it is incompatible with the first requisite of 
 an ecclesiastical establishment, the division of thecQun* 
 try into parishes of a commodious extent. 
 
 2d. That strifes and aninterested spirit of proselytism 
 would arise, where the pecuniary success of the different 
 ministers is made to depend on the number and wealth 
 of their followers 
 
( 86 ) 
 
 Of a national religion a test is the immediate and in- 
 dispensible consequence. 
 
 Tests are liable to be unjustifiably extended, multi- 
 plied, and continued. 
 
 They check inquiry, violate liberty, ensnare the 
 consciences of the clergy by tempting them to prevari- 
 cate, and from the changes in men's opinions in reli- 
 gion, come at length to contradict the actual sentiments 
 of the church. 
 
 If the division of the country into districts, with a 
 minister to each, in which all churches agree, be a 
 substantial part of a religious establishment, the ques- 
 tion occurs,— Whether equality or distinction of orders 
 among the clergy, conduces most to the ends of the in- 
 stitution. 
 
 In favour of our system are the following reasons : 
 That it secures peace and subordination among the 
 clergy : 
 
 That it provides for each rank in civil life its corres- 
 ponding minister : 
 
 That it is an allurement to men of talents to enter in- 
 to the church, and a stimulus to the industry of those 
 who are in it. 
 
 A national religion being established, how shall Dis- 
 senters be treated I 
 
 This question is preceded by another, — Whether the 
 civil magistrate is justified in interfering in religious 
 matters at all ? 
 
 They who deduce civil government from some stipu- 
 lation with its subjects contend, that religion was ex- 
 cepted out of the social compact, and that in an affair 
 
( 87 ) 
 
 between God and a man's own conscience, no authority 
 could be transferred from the latter to another. 
 
 We, however, who derive it from the will of God, 
 allow the magistate to interfere in every matter civil and 
 religious, as far as it conduces in its general tendency to 
 the common good. 
 
 But religion pertaining to the interests of a life to 
 come lies beyond the province of civil government. 
 
 Laws, when they interfere even in religion, interfere 
 only with temporals. 
 
 My salvation is out of the power of man to affect,but 
 even my life may be taken away on account of my reli- 
 gion, because it may be taken away from any man for 
 any reason that the legislature may deem conducive 
 to the general good. 
 
 As religion too can be construed to extend to all offices 
 of life, its exemption from the controul of laws might 
 afford a plea to exclude civil government from all au? 
 thority over the subject. 
 
 Still it is right <€ to obey God rather than man." 
 In religious matters the right pf the magistrate to or- 
 dain, and the obligation of the subject to obey, may be 
 very different. 
 
 This difference seldom happens in civil affairs. 
 The law authorizes what it enjoins. 
 But when laws, by exacting particular modes of wor- 
 ship and tenets of faith, contradict what a man thinks 
 has been declared by God to be true, whatever plea the 
 state has to justify its edict, the subject has none to ex- 
 cuse his compliance. 
 
 The conclusion from the above proposition may be, 
 that as to promote the salvation of men is to promote 
 
( 88 ) 
 
 public happiness, the supreme magistrate may and ought 
 to enforce in any manner that religion, which he thinks 
 most acceptable to God. 
 
 But the clause in the above proposition, " general 
 tendency," obliges the magistrate to reflect, 
 
 1st. Whether the religion he wishes to propagate, be 
 best calculated to secure the eternal welfare of the 
 subject. 
 
 £d. Whether the means he employs will establish that 
 religion. 
 
 3d. What will be the consequences of a general adop- 
 tion of this inteference ? 
 
 What degree then, and sort of interference of secular 
 laws in religious matters will most benefit public happi- 
 ness ? 
 
 Our conclusions upon this head will be regulated by 
 two maxims : 
 
 1st. That any form ofChristianity is better than no re- 
 ligion. 
 
 2d. That the system of faith is best, which is truest. 
 
 From the first it follows, that when the laws establish 
 a national religion, they exercise a power and interfe- 
 rence, which in their general tendency may benefit 
 mar/kind. 
 
 But which religion shall the magistrate establish, his 
 own, or that which generally prevails ? 
 
 Assuming it to be an equal chance,whether of the twp 
 religions contains most truth, the latter should be esta-r 
 Wished, if to teach the people their own religionbe^asieir 
 and better, than to convert them to another. 
 
( S9 ) 
 
 tJpon these principles we must determine the case of 
 dissenters. 
 
 Toleration as far as it regards liberty of conscience, 
 and secures men in the profession of theirr religion, is 
 expedient* and their right, as it conduces to the propa- 
 gation of truth. 
 
 The confining a subject to the state religion is a need- 
 less and grievous violation of natural liberty. 
 
 Persecution never convinces, but forces men to pre- 
 varicate, and disgraces Christianity. 
 
 Serious books should be tolerated, but the circulation 
 of ridicule and invective upon religious subjects may 
 justly be restrained. 
 
 Of complete toleration, that is, of admitting dissen- 
 ters into offices and employments, doubts have been en- 
 tertained ; 
 
 For their opinions may be incompatible with the ne- 
 cessary functions of civil government, and therefore 
 justify their exclusion from employments. 
 
 Even discordancies of religion,that not at all affect go- 
 vernment, may render men unfit to act together in pub- 
 lic stations i 
 
 This assertion is altogether unfounded ; indeed there 
 are no tenets in the religion of the several sects, that 
 actually prevail, the quakers excepted, which incapa- 
 citate men for the Service of the state. 
 
 In two cases the testlaws are applied, and may be de- 
 fended* 
 
 1st, Where two religions are contending for establish- 
 ment, for one must have a decided superiority, in order 
 to put an end to the contest. 
 
 2d. Where some disaffection towards the subsisting 
 
( 90 ) 
 
 government is connected with certain religious distinc- 
 tions. 
 
 The test is justifiable here upon the principle of inter- 
 est; though it is not to the religion that the laws ob- 
 ject, but to the religion as a mark of disaffection. 
 
 But why does not the legislature direct his test against 
 the political principles, rather than encounter them 
 through the medium of religious tenets i 
 
 To this there are two answer^. 
 
 1st. The laws fear not opinions, but inclinations,and 
 political inclinations can certainly be detected only by 
 the discovery of the religious creed with which they are 
 wont to be connected. 
 
 £d. That when men renounce their religion, they 
 commonly quit all connexion with the members of the 
 church they have left. 
 
 The result of all is this,;— " That a comprehensive na- 
 ** tional religion, guarded by a few articles of peace and 
 "conformity, together with a legal provision for the 
 r<r clergy of that religion, and with a complete tolera- 
 " tion of dissenters, without any other exception than 
 & what arises from the conjunction of dangerous politi- 
 *' cal dispositions with certain religions tenets, appears 
 " to be not only the most just and liberal, but the wisest 
 €S and safest system, which a state can adopt. 
 
 Of Population and Provision ; and of Agriculture and 
 Commerce , as subservient thereto. C. 11. 
 
 The final view r of all rational politics is to produce the 
 greatest quantity of happiness in a country. 
 
 The riches, strength, and glory of nations have no 
 farther value, than as they contribute to this end. 
 
( 91 ) 
 
 2d. Though we speak of communities as of sentient 
 beings, nothing really exists or feels but individuals. 
 
 Notwithstanding the diversity of conditions and ex- 
 treme cases of slavery, the collective happiness of the 
 inhabitants of any district will be nearly in the propor- 
 tion of their numbers. 
 
 A larger portion of happiness isenjoyedby ten persons 
 possessing the means of healthy subsistence, that can be 
 produced hyfive, with every advantage of affluence and 
 luxury. 
 
 Hence it folio ws, that the improvement of population 
 is an object which ought to be preferred to every otUr 
 political purpose. 
 
 A competition can seldom arise betvVeen the advance- 
 ment of population, and any measure of real utility, as 
 whatever tends to make a people happier, tends also to 
 render them more numerous. 
 
 Various indications demonstrate the tendency of na- 
 ture in the human species to a continual increase of 
 numbers. 
 
 What causes confine or check the natural progress of 
 this multiplication ? 
 
 Evidently the population of a country must stop/when 
 the inhabitants are already so numerous, as to exhaust 
 all the provision which the soil can produce. 
 
 But in the most cultivated regions, the number of 
 marriageable women, who remain in each country un- 
 married ; and the quantity of waste or mismanaged sur- 
 face shew how much both the numbers of the inhabi- 
 tants, and the productions of the earth, may be aug- 
 mented. 
 
 Even in our own country, however highly it be cuk 
 
 M 
 
( 92 ) 
 
 tivated, the quantity of human provision might be in- 
 creased fivefold. 
 
 The fundamental proposition on the subject of popu- 
 lation is this: — " Wherever the commerce between the 
 €< sexes is regulated by marriage, and a provision for 
 "that mode of subsistence, to which each class of the 
 " community is accustomed, can be procured with ease 
 " and certtainty, there the number of people will in- 
 " crease, and the rapidity, as well as the ex ent, of the 
 u increase, will be proportioned to the degree in which 
 " these causes exist/' 
 
 This proposition contains several principles. 
 
 1st. "The necessity of confining the intercourse of 
 " the sexes to the marriage union/' Because, — 
 
 It is only in the marriage union, that this intercourse 
 is sufficiently prolific. 
 
 Familv establishments alone are fitted to secure a sue- 
 
 mJ 
 
 cession of generations. 
 
 Nature has provided a stimulus sufficient to secure the 
 frequency of marriages, while the male sex are prohi- 
 bited from irregular gratifications. 
 
 Therefore., whenever subsistence is become scarce, 
 it behoves the state to watch over the public morals 
 with increased solicitude. 
 
 £d. It states as necessary to the success of population, 
 " the ease and certainty with which a provision can be 
 " procured for that mode of subsistence, to which each 
 iC class of the community is accustomed." 
 
 It is not the ease and certainty of procuring a subsis- 
 tence merely, but of that kind of subsistence which cus^ 
 torn has established in each country. 
 
< 93 ) 
 
 At present, habitual superfluities }u every station of 
 life are become actual wants, and men will not marry, 
 when b}' so doing they are to reduce their wants to the 
 mere sustenance of nature. 
 
 Three causes worthy of distinct consideration regulate 
 this point, upon which the state and progress of popu- 
 lation depend. 
 
 I. The mode of living which actually obtains in a 
 country. 
 
 China, where fish forms the principal food, and is 
 very easily procured ; and Hindostan, where nothing 
 iseaten but rice, which is profusely plentiful, (and in 
 warm climates food is the only necessary of life) are po- 
 pulous, notwithstanding the injuries of a despotic and 
 unsettled government :— — but should any revolution of 
 manners introduce a taste for flesh, it would soon be- 
 come a necessary of life, and from this change alone 
 the population would soon suffer a great diminution. 
 
 Hence may be understood the true evil of luxury. 
 
 As it supplies employment, and promotes industry, it 
 assists population: 
 
 But when by rendering the accommodations of life 
 more artificial, it encreases the difficulty of maintain- 
 ing a family, the effect of it is, that marriages are less 
 frequent. 
 
 Luxury, therefore, considered with a view to popu- 
 lation, acts by two opposite effects, and it is probable, 
 that there exists a point to which luxury may ascend 
 with advantage to the community, and beyond which 
 it begins to be prejudicial. 
 
 Though this point depends on circumstances tog in* 
 M % 
 
( 94 ) 
 
 tricate to admit of a precise solution, the following ge- 
 neral rules may be established. 
 
 I. Of different kinds of luxury those are most inno- 
 cent which afford employment to the greatest number 
 of artists, &c. 
 
 2d. It is the diffusion rather than the degree of luxury, 
 which is to be dreaded as a national evil. 
 
 As the mischief of luxury is its obstructing marriage, 
 while it i3 confined to the few, the rich, much of the be-* 
 nefit and little of the evil is felt; but when it descends 
 into the mass of the people, it checks the formation of 
 families in an alarming degree. 
 
 3d. That the condition most favourable to population 
 is that of a laborious frugal people, administering to the 
 demands of an opulent luxurious nation. 
 
 II. Next to the mode of living, we are to consider 
 €t the quantity of provision suited to that mode, which 
 (C is either raised in the country, or imported into it." 
 
 The extent and quality of soil being given, the quan- 
 tity of provsion varies according to the kind. 
 
 Tillage is universally preferable to pasturage, as the 
 kind of provision, which it pioduces, goes much farther 
 in the sustentation of human life. 
 
 It also affords employment to much greater numbers. 
 
 The kind and quality of provision, together with the 
 extent and capacity of the soil being the same, the 
 quantity will vary according to the ability of the occu- 
 piers, and the encouragement he receives. 
 
 The greatest misfortune of a country is an indigent 
 tenantry ; this evil is felt, where agriculture is account- 
 ed a servile employment ; where farms are extremely 
 
( 95 ) 
 
 subdivided; where leases are unknown, or are of short 
 or precarious duration. 
 A small capital cramps every operation of husbandry. 
 The true encouragement of husbandry is the securing 
 to the occupier, (i.e. he who procures the labour, and 
 directs the management, whether tenant or proprietor) 
 an exclusive right to the produce, so that the advantage 
 of every improvement go to the improver. 
 
 Hence the objection to the holding of lands by the 
 state, the king, corporate bodies, Sec. as such proprie- 
 tors seldom contribute much either of attention or ex- 
 pence to the estate, yet claim, by the rent, a part of 
 the profit of every improvement upon it. 
 
 This complaint can only be obviated by u long leases 
 at a fixed rent/' 
 
 III. The distribution of provision becomes of equal , 
 consequence with the production, because the plenty 
 of provision only benefits population, according as it is 
 distributed. 
 
 The principle of " exchange" is the only universal 
 principle of distribution. 
 
 The only equivalents to be offered in exchange are 
 pozeer and labour. 
 
 All property is pozcer, and money is the representative 
 of power; this is necessarily confined to a few, and is 
 soon exhausted : but labour is a constant fund, and in 
 every man's possession. 
 
 Employment must therefore be the medium of distri- 
 bution, and thus it affects population t( directly P 
 
 (It is erroneous to consider the production and the 
 distribution as independent of each other. 
 
 The quantity produced will evidently be regulated by 
 
, . ( &6 ) 
 
 the demand on sale, which alone excites the diligence 
 of the husbandman. But the demand depends on the 
 number of those, who can return in exchange other 
 fruits of industry.) 
 
 It affects population " indirectly/' as it augments the 
 stock of provision, by furnishing purchasers. 
 
 On this basis, its subserviency to population, is found- 
 ed the public benefit of trade, and foreign commerce. 
 
 We acknowledge the benefit of those few trades, and 
 that small portion of commerce, which supply the im- 
 mediate wants of life, as food and clothing, Scchutof 
 more than half our trade, and almost all our commerce, 
 it may be asked, — 
 
 " How, since they add nothing to the stock of provi- 
 " sions do they tend to increase the number of the 
 ** people V % 
 
 The answer is contained in the discussion of another 
 question. " Since the soil will maintain many more 
 ec than it can employ, what must be done, supposing 
 u the country to be full, with the remainder of the in- 
 " habitants?" 
 
 They who have a right to the produce of the soil 
 either by the rule of partition or their labour, will not 
 part with their property for nothing, or rather will not 
 raise more than they themselves want, or can exchange 
 for what they want, 
 
 Or if they were willing, still the most enormous mis- 
 chiefs wouldensue from so many remaining unemploy- 
 ed. 
 
 This part therefore find employment in fabricating 
 or procuring, what may gratify or requite those, who 
 jjus?.es& the produce of the soil. 
 
( 97 ) 
 
 A certain portion only of human labour can be pro- 
 ductive, the rest is instrumental :— both are equally ne- 
 cessary, nor does it signify, how superfluous the articles 
 maybe, which are furnished by trade, or procured by 
 commerce. 
 
 Let it be remembered, then, that agriculture is the 
 immediate source of human provision, that trade con- 
 duces to the production of provision, only as it pro- 
 motes agriculture ; that the whole system of commerce 
 has no other public importance than its subserviency to 
 this end. 
 
 To return, f< employment universally promotes popu- 
 lation/' 
 
 Hence it follows, that every branch of commerce \% 
 of public importance in proportion to the numbers, to 
 which it furnishes materials for industry. 
 
 The first place belongs to the exchange of wrought 
 goods for raw materials ; 
 
 The second place is due to that commerce which bar- 
 ters one wrought article for others; 
 
 The last and lowest species is the exportation of raw 
 materials for wrought goods. 
 
 This trade is unfavourable to population, as it causes 
 tio demand for employment, e ; ther in what it takes out 
 of the country, or what it brings into it. 
 
 • Of different branches of manufactory those are most 
 beneficial, in which the price of the wrought article ex- 
 ceeds in the greatest portion that of the raw materials. 
 The produce of the ground is never the most advan- 
 tageous article of foreign commerce : under a perfect 
 state of public ceconomy, the soil of the country should 
 be applied solely to the raising of provision for the in- 
 habitants; and its trade be supplied by their industry, j 
 
( 9B ) 
 
 We have hitherto considered the inhabitants tff £ 
 country, as supported by the produce of the country j 
 but where the provision is imported, the reasoning will 
 apply to the article, which is exchanged for provision/ 
 whether it be money, produce, or labour. 
 
 Thus the Dutch raise madder, and exchange it for 
 corn : and earn money to procure the provision which 
 their own country cannot supply, by carrying the pro- 
 duce of one country to another. 
 
 The increase or decline of this carrying trade would 
 affect population in that country no less, than similar 
 changes in the cultivation of the soil. 
 
 These few principles will enable us to describe, what 
 effects upon population may be expected from the fol- 
 lowing important articles of national conduct and oeco- 
 nomy. 
 
 I. Emigration— may either be the overflowing of a 
 country, or the desertion. When a country is over- 
 stocked with inhabitants, emigration neither indicates 
 any political decay, nor in truth diminishes the people ; 
 nor ought it to be discouraged* 
 
 Where emigrants quit their country from insecurity, 
 oppression, 8cc. it would be in vain to keep them at 
 home, as these same causes would prevent their multi- 
 plication if they remained. 
 
 The laws can effectually interfere with those only 
 who emigrate from the allurement of climate, nominal 
 higher wages, &c. but from the attachment to home, 
 this class will always be but small. 
 
 II. Colonization. — We can only consider it in its 
 tendency to promote population in the parent state. 
 Colonists naturally apply themselves to the cultiva- 
 
( 99 ) 
 
 tion of the soil, in exchange for the produce they re- 
 ceive the manufactures of the mother country, which 
 thus feels an increase both of employment and provi- 
 sion. 
 
 Thus it promotes the two grand requisites on which 
 depends the state of population, distribution, and pro- 
 vision. 
 
 When the colony does not remit provision, still the 
 exportation of wrought goods, in whatever articles they 
 are paid for, advances population in thatsecondary way. 
 
 III. Money. — Where it abounds the people are ge- 
 nerally numerous: for "population is promoted by 
 employment; of which money is partly the indication, 
 and partly the cause. 
 
 Money flows into a country in return for its exports, 
 and is retained in a country, by the country supplying 
 in great measure its own manufactures. 
 
 Still employment, not money is the cause of popula- 
 tion, for money may be plentiful, where the country i$ 
 poor and ill-peopled, as Spain. 
 
 But, secondly, money may be an operative cause of 
 population, by stimulating industry, and facilitating the 
 means of subsistence, neither of which depends on the 
 price of labour, or of provision, but on the proportion 
 they bear to each other, which proportion is advanced 
 by the influx of money. 
 
 It is not the quantity but the constant increase of that 
 quantity of money, from which this advantage arises. 
 
 IY\ Taxation. — Taxes are not necessarily prejudicial 
 to population, as they take nothing out of a country. 
 
 The effect of taxes upon the means of subsistence de- 
 
 N 
 
( 100 ) 
 
 pends not so much on the amount of the sum levied, 
 as upon the object and application of the tax. 
 
 Nevertheless in a great plurality of instances their 
 tendency is noxious : the people must either contract 
 their wants, and thus diminish consumption and em- 
 ployment, or by raising the price of labour, check the 
 sale of their productions and manufacture nt foreign 
 markets, even when taxes are levied on proper objects 
 and for proper purposes. 
 
 Abuses are inseparable from the disposal of public 
 money : as governments are usually administered, the 
 produce of public taxes is expended upon a train of gen- 
 try, in the maintaining of pomp, or in the purchase of 
 influence. 
 
 A wise statesman will adjust his taxes so as to give 
 the least possible obstruction to the means of subsistence 
 of the mass of the people. 
 
 A tax, to be just, ought to rise upon the different 
 classes of the community in a much higher ratio, than 
 the simple proportion of their incomes : 
 
 For it ought to regard not what men have, but what 
 they can spare. 
 
 A due proportion can only be preserved by a system 
 and variety of taxes, mutually balancing and equalizing 
 one another. 
 
 V. Exportation of bread-corn* — Nothing seems 
 more injurious to population than this, yet this has been 
 the policy of the wisest legislators. 
 
 For ff it is impossible \o have enough without a su- 
 perfluity." 
 
 If the crop be adequate to the consumption of a year 
 of scarcity, it must exceed the consumption in a year of 
 plenty, and the exportation of the occasional reduiv- 
 
( ioi ) 
 
 dancy does not lesson the number maintained by the t^ 
 produce of the soil. 
 
 Here the benefits of foreign commerce belong to this 
 in common with other species of trade : beside the en- 
 couragement which the prospect of sale at a competent 
 price affords to the industry of the husbandman. 
 
 likewise in a newly-settled country, corn may not 
 only form an export, but the people can thrive by no 
 other means. 
 
 Except in these two cases exportation of bread-corn 
 is always noxious. 
 
 VI. Abridgement of labour — does not injure popula- 
 tion. 
 
 In proportion as each article can be afforded at a 
 lower price, from an easier or shorter process in the ma- 
 nufacture, it will either grow into more general use, or 
 an improvement will take place in the quality and fabric 
 which will demand a proportionable addition of hands. 
 
 From this reasoning we may judge how far laws can 
 contribute to population. On the dissoluteness of man- 
 ners, on men's mode of living and their artificial wants, 
 which are the impediments to marriage, laws can have 
 little effect, 
 
 > By their protection, they may promote industry, but 
 without industry they can provide neither subsistence 
 nor employment. 
 
 All attempts to force trade by laws will be evaded ; 
 their interference in trade is salutary only when they 
 are intended to prevent frauds. 
 
 The chief advantage to population from the interfe- 
 rence of law, consists in the encouragement of agricuU 
 
 ture, 
 
 N 2 
 
( m ) 
 
 For this purpose, the laws of property should be ad- 
 justed to the following rules : 
 
 1st. a To give to the occupier all the power over the 
 " soil which is necessary to its perfect cultivation." 
 
 £d. "To assign the whole profit of every improvement 
 " to the persons by whom it is carried on." 
 
 Ijt is of little consequence in whose hands or to what 
 extent land is, if it be rightly used. 
 
 There existin this country conditions of tenure which 
 condemn the land to perpetual sterility. 
 
 The right of common precludes each proprietor from 
 improving his estate, without the consentof many others. 
 
 This is also usually embarrassed by manerial claims, 
 
 But, secondly, agriculture is discouraged by every 
 constitution of landed property, which admits to apar- 
 ticipation of the profit, those who have no concern in 
 the improvement. This objection is applicable to all 
 such customs of manors, as subject the proprietor upon 
 the death of the lord or tenant or the alienation of the 
 estate, to a fine apportioned to the improved value of 
 the land. 
 
 But of all institutions none is so noxious as that of 
 tithes; these are a tax upon industry, and upon that 
 precise mode of cultivation, which it is the business of 
 the state to relieve and remunerate. 
 
 No measure of so great concern is so easy and bene- 
 ficial as that of converting tithes into corn-rents, which 
 would secure to the tithe holder an equivalent for his 
 interest, and leave to industry its entire reward. 
 
( 303 ) 
 Of War, and of Military Establishments. 
 Though the Christian scriptures describe wars as 
 crimes or judgments, the profession of a soldier is no 
 where forbidden or condemned. 
 
 It is difficult to apply the principles of morality to the 
 affairs of nations, because the " particular consequence 
 " sometimes appears to exceed the value of the general 
 ''rule." 
 
 For instance, an adherence to a public treaty might 
 enslave a whole people, &c. 
 
 Yet if the rules of relative justice are to be violated in 
 these cases ; if treaties are no longer binding than whilst 
 they are convenient, and this opinion becomes general, 
 almost the onlv method of averting or closing the cala- 
 mities of war is lost. 
 
 Together w r ith those maxims of universal equity, 
 which are common to states and individuals^ there ex- 
 ists also amongst sovereigns a system of artificial juris- 
 prudence, under the name of the la w of nations. 
 
 Its rules derive their moral force simply from the ge- 
 neral duty of conforming to established regulations, 
 but have all the virtue and obligation of a precept of na- 
 tural justice. 
 
 War may be considered with a view to its causes and 
 to its conduct. 
 
 The justifiable cause? of it are deliberate invasion of 
 right, and the necessity of maintaining the balance of 
 power. 
 
 Whatever war has not for its motive, precaution, de- 
 fence, or reparition, is unjustifiable. 
 
 There are two lessons of rational and sober policy, 
 which would exclude many of the motives of war. 
 {. That princes should " place their glory, not in ex- 
 
( 104 ) 
 
 " tent of territory, but in raisiug the greatest portion of 
 " happiness out of a given territory. 5 ' 
 
 Enlargement of territory is not only not a just object, 
 but most frequently is not desirable from sound policy. 
 
 In two cases it may be of advantage both to the con- 
 querors and conquered. 
 
 1st. Where an empire thereby reaches its natural 
 boundaries. 
 
 2d. Where neighbouring states being severally too 
 weak to defend themselves, can only be safe by a junc- 
 tion of their strength, which conquest effects. 
 
 II. Thftt "national honour should never be pursued 
 " as distinct from national interest." 
 
 It is often necessary to assert the honour of a nation*, 
 for the sake of its interest. 
 
 But points of honour must be estimated with a re- 
 ference to utility. 
 
 The conduct of war. Where thexause is justifiable, 
 all the necessarv means are so too. 
 
 But war authorizes no act of hostility, which is not 
 Decessary,or conducive to the end and object of the war. 
 
 And it respects those positive laws, which the custom 
 of nations has sanctified, and which, being mutually 
 conformed to, mitigate the calamities of war, without 
 diminishing the power or safety of belligerent states. 
 
 A standing army only can oppose a standing army. 
 
 The discipline of a a standing army will always over- 
 power newly-levied troops ; and though a militia with 
 a great excess of numbers may sustain a flying war 
 against regular troops, and though service may tran&r 
 form it io effect into a standing army, yet it would be 
 
( 105 ) 
 
 liecessary for almost a whole nation to go out to war to 
 repel an invader. 
 
 i\ people too so unprepared must always have the 1 
 seat of war at home. 
 
 Regular troops also provide for the public service at 
 the least possible expence ; because they add more than 
 any other to the bom mon strength, and take less from 
 the national stock of productive industry. 
 
 If the state depends upon a militia, arms must be put 
 in the hands of the people at large. 
 
 It seems doubtful, whether any government can be 
 long secure amidst this general diffusion of the military 
 character ; for every faction will find itself at the head 
 of an army. 
 
 " Nothing perhaps can govern a nation of armed citi- 
 " zens, but that which governs an army — Despotism." 
 
 The standing army should be directed by the prince, 
 for success depends upon enterprize, secrecy, dispatch, 
 and unanimity, which are almost incompatible with a 
 popular council. 
 
 He should likewise appoint and promote the officers; 
 for a design is most likely to be best executed,when the 
 person who issues the order chooses the instrument,and 
 rewards the service. 
 
 If in o-overnments like ours this department were id 
 the hands of the democratic part of the constitution/the 
 xeo-al prerogative would be overbalanced completely. 
 
 The danger of a standing anriy is, that the separation 
 of the soldiery from the restof thecommunity,and their 
 dependence upon the will of the prince, give them an 
 aspect, by no means favourable to public liberty. 
 
 To diminish this danger, officers should betaken from 
 
I 
 
 ( 106 ) 
 
 the principal families of the country, be encouraged to 
 establish in it families of their own, be admitted toseats 
 in the senate, and to all the civil honours and privileges, 
 that are compatible with their profession. 
 
 Thus they would have such a share in the general 
 rights of the people, that no personal views could in- 
 duce them to assist in measures, which might enslave 
 their posterity, kindred and country. 
 
 -F I N I S. 
 
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