tialities, and with one another, because of their interfering interefts: and confpiracies, poisoning, and affaffination, are frequently the confequence. Surely, an economy cannot be rational, which for its very being depends upon practices that are a difgrace to human nature; and, a family thus divided against itself can never be happy. And in a nation made up of fuch families, though there may be that dark and filent tranquillity, which proceeds from fear, there cannot be chearfulness, industry, liberty, or kind affection; there cannot be that politeness, and sense of honour, which accompany the free and decent intercourse of the fexes; nor can there be that circulation of fentiments, whereby literature, free inquiry, and the knowledge and the love of truth, are promoted in the more enlightened parts of the world. This too is according to fact. The Turks, who allow polygamy, are the idle, the ignorant, and the devoted flaves of a tyrant, and of a most abfurd superstition: within their own families they are tormented with apprehenfion and jealoufy: honour is fo little known among them, that they are faid to have no word in their language to exprefs the idea and it is the principle of fear alone, that supports their government. When a defpotiek prince is no longer feared by his people, he is undone; and when he ceases to be afraid of them, his tyranny is intolerable.

4. After what has been faid, it is unneceffary to add, in the fourth place, that polygamy, being fubverfive of filial and parental affection, must be inconfiftent with the right education of children, and fo counteract another chief end of marriage. The father will probably be partial VOL. II. 2

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to the children of his favourites. Certain it is, that, if he have many children by feveral wives, he cannot love them all equally; nor can his love fail to be alienated by thofe diffatisfactions which he fees prevailing among them, and whereof he knows himself to be in a great measure the cause. Some of his children, therefore, he will look upon in the light of confpirators; and for his own fecurity will be glad to form a party among the reft: which will widen the diffentions that divide his houfehold, by giving them the fanction of his own example. How is it poffible, that, in fuch a family, children fhould be well educated, or that virtue fhould be a matter of general concern! Even with us, when the hufband and the wife happen to difagree in regard to the management of their children, education is commonly neglected; the mother has one favourite, and the father another: and the children, following the example of their parents, adopt their humours and prejudices, and become licentious, difobedient, and regardless of inftruction. Among the Turks, indeed, education cannot be confidered as a matter of any great importance. In governments fo tyrannical, the man who diftinguishes himself by his genius, by his industry, of even by his virtue, becomes the object of jealousy to fome perfon in power; fo that the only way to live unmolefted is to remain obfcure and contemptible.

Enough has been faid to prove that polygamy is unnatural, and deftructive of virtue and happinefs. But that it is in all poffible cafes criminal, I have no authority to affirm. Among Chriftians, indeed, it inuft always be fo, because forbidden by our religion; and in all Chriftian

countries

countries it is punished, and in fome capitally. But to the antient Jews and Patriarchs it was not forbidden; and feems in fome cafes to have been permitted as a punishment for their intemperance in defiring it. The greatest calamities. that befel David would not have taken place, if he had been contented with one wife; and the fenfuality of Solomon in this particular has fixed an indelible blemish on one of the brightest characters that ever appeared among men.

II. The fecond question to be confidered is, Whether the matrimonial union ought to laft through the whole of life?

Marriage is diffolved in two ways, by Death and by Divorce. Of Divorce there are two forts; the one partial, or a toro et menfa, as the lawyers fay, by which the parties are feparated, but the marriage is not annulled: and when this happens, the wife, according to the law of England, is, in moft cafes, though not in all, entitled to an alimony; that is, to a certain provifion from the hufband; the amount of which is determined by the ecclefiaftical court, according to the circumftances of the cafe, and the qualities of the parties. The other fort of divorce, which is called Divortium a vinculo matrimonii, annuls the marriage altogether, and leaves the parties as free, as if they had never been united.

This final divorce the New Teftament allows in the cafe of adultery only: but does not fay, that, upon conviction of that crime, it ought to take place; and therefore, a Chriftian Legislature may warrantably establish, in regard to this

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matter, fuch limitations, as human wisdom may think most conducive to publick good. For if, on proof of adultery, the marriage were always to be diffolved, there is too much reason to fear, that, when a husband and wife were diffatisfied with each other, a defire of being difunited might tempt them to the commiffion of that wickednefs. But fo facred is the nuptial tie accounted in most Christian nations, that, by the Canon Law, and by the Common Law of England, this crime is not a fufficient ground for a final divorce, but only for a feparation a toro et menfa: it may only be pleaded by the parties, as a reafon for their being difengaged a vinculo matrimonii; but the legislature may either admit that plea, or reject it. The only thing which, according to the common law of England, can nullify a marriage, is, its having been from the beginning null, becaufe unlawful; as in the case of too near a degree of confanguinity. However, in England, upon a charge of adultery, marriage is fometimes annulled; not indeed by an action at common law, but by an act of parliament made for the purpose.

I mention these particulars, to fhow the opinion of mankind concerning the diffolution of the nuptial tie during the life of the parties. For the laws of enlightened nations, especially thofe laws that are of long ftanding, are to be confidered as the refult of reason and experience united and therefore, in every inquiry that re

In Scotland, the fentence of the Commiffaries, proceeding on the charge of adultery, if there be no appeal from it, annuls the marriage totally; fo that there is no occafion for recourfe to the legislature.

lates

lates to the expediency of human conduct, deserve very great attention. It is plainly a doctrine of Chriftianity, as well as a principle of the British law, that the matrimonial union ought to be for life. And that the fame conclufion may be drawn from philofophical confiderations, that is, from the nature of man, and the end of the institution, it will not be difficult to prove.

The only fcheme of temporary marriage, that has any fhadow of plaufibility, is that of thofe who contend, for argument's fake perhaps, that the man and woman fhould agree to be faithful to each other for a certain time; and then, if they found they were not happy, to feparate, and be at liberty either to remain fingle, or to choose other partners. Now I have fo good an opinion of human nature, as to believe, that, even if laws were made to this purpose, many men and women would be averfe to a feparation, from a regard to their children, and to one another. But, in framing laws, we are not fo much to prefume upon the poffible virtues of individuals, as to guard against the probable evils that may be apprehended from the general depravity of the human heart. And it is eafy to foresee, that the scheme in queftion would give licence to the profligate, expofe the fober to temptation, detroy thofe fentiments of delicacy and efteem which the fexes ought to bear towards each other, poifon the happinefs of families, introduce diforder into the ftate, and prove ruinous to the education of children.