in bearing with the infirmities of their health or temper, with the peevishness and complaints, the unfashionable, negligent, austere manners, and offensive habits, which often attend upon advanced years: for where must old age find indulgence, if it do not meet with it in the piety and partiality of children?

The most serious contentions between parents and their children are those commonly which relate to marriage, or to the choice of a profession.

A parent has, in no case, a right to destroy his child's happiness. If it be true, therefore, that there exist such personal and exclusive attachments between individuals of different sexes, that the possession of a particular man or woman in marriage be really necessary for the child's happiness; or, if it be true, that an aversion to a particular profession may be involuntary and unconquerable; then it will follow, that parents, where this is the case, ought not to urge their authority, and that the child is not bound to obey it.

The point is, to discover how far, in any particular instance, this is the case. Whether the fondness of lovers ever continues with such intensity, and so long, that the success of their desires constitutes, or the disappointment affects, any considerable portion of their happiness, compared with that of their whole life, it is difficult to determine: but there can be no difficulty in pronouncing, that not one half of those attachments, which young people conceive with so much haste and passion, are of this sort. I believe it also to be true, that there are few aversions to a profession, which resolution, perseverance, activity in going about the duty of it, and above all, despair of changing, will not subdue: yet there are some such. Wherefore, a child who respects his parents' judgment, and is, as he ought to be, tender of their happiness, owes, at least, so much deference to their will, as to try fairly and faithfully, in one case, whether time and absence will not cool an affection which they disapprove; and, in the other, whether a longer continuance in the profession which they have chosen for him may not reconcile him to it. The whole depends upon the experiment being made on the child's part with sincerity, and not merely with a design of compassing his purpose at last, by means of a simulated and temporary compliance. It is the nature of love and hatred, and of all violent affections, to delude the mind with a persuasion that we shall always continue to feel them as we feel them at present; we cannot conceive that they will either change or cease. Experience of similar or greater changes in ourselves, or a habit of giving credit to what our parents, or tutors, or books, teach us, may control this persuasion, otherwise it renders youth very untractable for they see clearly and truly that it is impossible they should be happy under the circumstances proposed to them, in their present state of mind. After a sincere but ineffectual endeavour, by the child, to accommodate his inclination to his parents' pleasure, he ought not to suffer in his parents' affection, or in his fortunes. The parent, when he has reasonable proof of this, should acquiesce; at all events, the child is then at liberty to provide for his own happiness.

Parents have no right to urge their children upon marriages to which they are averse: nor ought, in any shape, to resent the children's disobedience to such commands. This is a different case from opposing a match of inclination, because the child's misery is a much more probable consequence; it being easier to live without a person that we love, than with one whom we hate. Add to this, that compulsion in marriage necessarily leads to prevarication; as the reluctant party promises an affection which neither exists, nor is expected to take place and parental, like all human authority, ceases at the point where obedience becomes

criminal.

In the above-mentioned, and in all contests between parents and children, it is the parents' duty to represent to the child the consequences of his conduct; and it will be found his best policy to represent them with fidelity. It is usual for parents to exaggerate these descriptions beyond probability, and by exaggeration to lose all credit with their children; thus, in a great measure, defeating their own end.

Parents are forbidden to interfere, where a trust is reposed personally in the son; and where, consequently, the son was expected, and by virtue of that expectation is obliged, to pursue his own judgment, and not that of any other as is the case with judicial magistrates in the execution of their office; with members of the legislature in their votes; with electors, where preference is to be given to certain prescribed qualifications. The son may assist his

own judgment by the advice of his father, or of any one whom he chooses to consult : but his own judgment, whether it proceed upon knowledge or authority, ought finally to determine his conduct.

The duty of children to their parents was thought worthy to be made the subject of one of the Ten Commandments; and as such, is recognised by Christ, together with the rest of the moral precepts of the Decalogue, in various places of the Gospel.

The same divine Teacher's sentiments concerning the relief of indigent parents, appear sufficiently from that manly and deserved indignation with which he reprehended the wretched casuistry of the Jewish expositors, who, under the name of a tradition, had contrived a method of evading this duty, by converting, or pretending to convert, to the treasury of the temple so much of their property as their distressed parent might be entitled by their law to demand.

Agreeably to this law of Nature and Christianity children are, by the law of England, bound to support, as well their immediate parents, as their grandfather and grandmother, or remoter ancestors, who stand in need of support.

Obedience to parents is enjoined by St. Paul to the Ephesians: "Children, obey your parents in the Lord, for this is right;" and to the Colossians: "Children, obey your parents in all things, for this is well-pleasing unto the Lord*.”

By the Jewish law, disobedience to parents was in some extreme cases capital: Deut. xxi. 18.

* Upon which two phrases, "this is right," and. "for this is well-pleasing unto the Lord," being used by St. Paul in a sense perfectly parallel, we may observe, that moral rectitude, and conformity to the Divine will, were in his apprehension the same.

BOOK IV.

DUTIES TO OURSELVES.

THIS division of the subject is retained merely for the sake of method, by which the writer and the reader are equally assisted. To the subject itself it imports nothing; for, the obligation of all duties being fundamentally the same, it matters little under what class or title any of them are considered. In strictness, there are few duties or crimes which terminate in a man's self; and so far as others are affected by their operation, they have been treated of in some article of the preceding book. We have reserved, however, to this head the rights of self-defence; also the consideration of drunkenness and suicide, as offences against that care of our faculties, and preservation of our persons, which we account duties, and call duties to ourselves.

CHAPTER I.

THE RIGHTS OF SELF-DEFENCE.

It has been asserted, that in a state of nature we might lawfully defend the most insignificant right, provided it were a perfect determinate right, by any extremities which the obstinacy of the aggressor rendered necessary. Of this I doubt; because I doubt whether the general rule be worth sustaining at such an expense; and because, apart from the general consequence of yielding to the attempt, itcannot be contended to be for the augmentation of human happiness, that one man should lose his life, or a limb, rather than another a pennyworth of his property. Nevertheless, perfect rights can only be distinguished by their value; and it is impossible to ascertain the value at which the liberty of using extreme violence begins. The person attacked, must balance, as well as he can, between the general consequence of yielding, and the particular effect of resistance.

However, this right, if it exist in a state of nature, is suspended by the establishment of civil society: because thereby other remedies are provided against attacks upon our property, and because it is necessary to the peace and safety of the community, that the prevention, punishment, and redress of injuries, be adjusted by public laws. Moreover, as the individual is assisted in the recovery of his right, or of a compensation for his right, by the public strength, it is no less equitable than expedient, that he should submit to public arbitration the kind, as well as the measure, of the satisfaction which he is to obtain.

There is one case in which all extremities are justifiable; namely, when our life is assaulted, and it becomes necessary for our preservation to kill the assailant. This is evident in a state of nature; unless it can be shown, that we are bound to prefer the aggressor's life to our own, that is to say, to love our enemy better than ourselves, which can never be a debt of justice, nor any where appears to be a duty of charity. Nor is the case altered by our living in civil society; because, by the supposition, the laws of society cannot interpose to protect us, nor, by the nature of the case, compel restitution. This liberty is restrained to

cases in which no other probable means of preserving our life remain, as flight, calling for assistance, disarming the adversary, &c. The rule holds, whether the danger proceed from a voluntary attack, as by an enemy, robber, or assassin; or from an involuntary one, as by a madman, or person sinking in the water, and dragging us after him; or where two persons are reduced to a situation in which one or both of them must perish; as in a shipwreck, where two seize upon a plank, which will support only one: although, to say the truth, these extreme cases, which happen seldom, and hardly, when they do happen, admit of moral agency, are scarcely worth mentioning, much less discussing at length.

The instance which approaches the nearest to the preservation of life, and which seems to justify the same extremities, is the defence of chastity.

In all other cases, it appears to me the safest to consider the taking away life as authorized by the law of the land; and the person who takes it away, as in the situation of a minister or executioner of the law.

In which view, homicide, in England, is justifiable :

1. To prevent the commission of a crime, which, when committed, would be punishable with death. Thus, it is lawful to shoot a highwayman, or one attempting to break into a house by night; but not so if the attempt be made in the day-time: which particular distinction, by a consent of legislation that is remarkable, obtained also in the Jewish law, as well as in the laws both of Greece and Rome.

2. In necessary endeavours to carry the law into execution; as in suppressing riots, apprehending malefactors, preventing escapes, &c.

I do not know that the law holds forth its authority to any cases besides those which fall within one or other of the above descriptions; or, that, after the exception of immediate danger to life or chastity, the destruction of a human being can be innocent without that authority.

The rights of war are not here taken into the account.

CHAPTER II.

DRUNKENNESS.

DRUNKENNESS is either actual or habitual; just as it is one thing to be drunk, and another to be a drunkard. What we shall deliver upon the subject must principally be understood of a habit of intemperance; although part of the guilt and danger described may be applicable to casual excesses; and all of it, in a certain degree, forasmuch as every habit is only a repetition of single instances.

The mischief of drunkenness, from which we are to compute the guilt of it, consists in the following bad effects:

1. It betrays most constitutions either to extravagances of anger, or sins of lewdness. 2. It disqualifies men for the duties of their station, both by the temporary disorder of their faculties, and at length by a constant incapacity and stupefaction.

3. It is attended with expenses, which can often be ill spared.

4. It is sure to occasion uneasiness to the family of the drunkard. 5. It shortens life.

To these consequences of drunkenness must be added the peculiar danger and mischief of the example. Drunkenness is a social festive vice; apt, beyond any vice that can be mentioned, to draw in others by the example. The drinker collects his circle; the circle naturally spreads; of those who are drawn within it, many become the corrupters and centres of sets and circles of their own; every one countenancing, and perhaps emulating the rest, till a whole neighbourhood be affected from the contagion of a single example. This account is confirmed by what we often observe of drunkenness, that it is a local vice; found to prevail

in certain countries, in certain districts of a country, or in particular towns, without any reason to be given for the fashion, but that it had been introduced by some popular examples. With this observation upon the spreading quality of drunkenness, let us connect a remark which belongs to the several evil effects above recited. The consequences of a vice, like the symptoms of a disease, though they be all enumerated in the description, seldom all meet in the same subject. In the instance under consideration, the age and temperature of one drunkard may have little to fear from inflammations of lust or anger; the fortune of a second may not be injured by the expense; a third may have no family to be disquieted by his irregularities; and a fourth may possess a constitution fortified against the poison of strong liquors. But if, as we always ought to do, we comprehend within the consequences of our conduct the mischief and tendency of the example, the above circumstances, however fortunate for the individual, will be found to vary the guilt of his intemperance less, probably, than he supposes. The moralist may expostulate with him thus: Although the waste of time and of money be of small importance to you, it may be of the utmost to some one or other whom your society corrupts. Repeated or long-continued excesses, which hurt not your health, may be fatal to your companion. Although you have neither wife, nor child, nor parent, to lament your absence from home, or expect your return to it with terror; other families, in which husbands and fathers have been invited to share in your ebriety, or encouraged to imitate it, may justly lay their misery or ruin at your door. This will hold good whether the person seduced be seduced immediately by you, or the vice be propagated from you to him through several intermediate examples. All these considerations it is necessary to assemble, to judge truly of a vice which usually meets with milder names and more indulgence than it deserves.

I omit those outrages upon one another, and upon the peace and safety of the neighbourhood, in which drunken revels often end; and also those deleterious and maniacal effects which strong liquors produce upon particular constitutions; because, in general propositions concerning drunkenness, no consequences should be included, but what are constant enough to be generally expected. Drunkenness is repeatedly forbidden by Saint Paul: "Be not drunk with wine, wherein is excess.' "Let us walk honestly as in the day, not in rioting and drunkenness."" Be not deceived: neither fornicators, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God." Eph. v. 18; Rom. xiii. 13; 1 Cor. vi. 9, 10. The same apostle likewise condemns drunkenness, as peculiarly inconsistent with the Christian profession :-"They that be drunken, are drunken in the night: but let us, who are of the day, be sober." 1 Thess. v. 7, 8. We e are not concerned with the argument; the words amount to a prohibition of drunkenness, and the authority is conclusive.

It is a question of some importance, how far drunkenness is an excuse for the crimes which the drunken person commits.

In the solution of this question, we will first suppose the drunken person to be altogether deprived of moral agency, that is to say, of all reflection and foresight. In this condition, it is evident that he is no more capable of guilt than a madman; although, like him, he may be extremely mischievous. The only guilt with which he is chargeable, was incurred at the time when he voluntarily brought himself into this situation. And as every man is responsible for the consequences which he foresaw, or might have foreseen, and for no other, this guilt will be in proportion to the probability of such consequences ensuing. From which principle results the following rule, viz. that the guilt of any action in a drunken man bears the same proportion to the guilt of the like action in a sober man, that the probability of its being the consequence of drunkenness bears to absolute certainty. By virtue of this rule, those vices which are the known effects of drunkenness, either in general, or upon particular constitutions, are in all, or in men of such constitutions, nearly as criminal as if committed with all their faculties and senses about them.

If the privation of reason be only partial, the guilt will be of a mixed nature. For so much of his self-government as the drunkard retains, he is as responsible then as at any other time. He is entitled to no abatement beyond the strict proportion in which his moral faculties are impaired. Now I call the guilt of the crime, if a sober man had committed it, the whole guilt. A person in the condition we describe, incurs part of this at the instant of

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