he is difapproved, and held to be guilty, when he does what he himself thinks wrong. Thus, to affaffinate an atheift for the fake of religion, is a wrong action; and yet the enthufiaft who commits that wrong, may be innocent: and one is guilty who, against confcience, eats meat in lent, though the action is not wrong. In short, an action is perceived to be right or wrong, independent of the actor's own opinion: but he is approved or difapproved, held to be innocent or guilty, according to his own opinion.

SECT. IH.

Laws of Nature refpecting our MORAL CONDUCT IN SOCIETY.

A

Standard being thus eftablished for regulating our moral conduct in fociety, we proceed to inveftigate the laws that refult from it. But first we take under confideration, what other principles concur with the moral fenfe to qualify men for fociety.

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When we reflect on the different branches of human knowledge, it might feem, that of all fubjects human nature fhould be the beft understood because every man has daily opportunities to study it, in his own paffions and in his own actions. But human nature, an interesting subject, is feldom left to the investigation of philofophy. Writers of a fweet difpofition and warm imagination hold, that man is a benevolent being, and that every man ought to direct his conduct for the good of all, without regarding himself but as one of the number (a). Those of a cold temperament, and contracted mind, hold him to be an animal entirely selfish to evince which, examples are accumulated without end (b) Neither of these fyftems is that of nature. The felfish fyftem is contradicted by the experience of all ages, affording the cleareft evidence, that men frequently act for the fake of others, without regarding themfelves, and fometimes in direct oppofition to their own intereft. And however much selfishness may prevail in action, it certainly prevails not in fentiment and affection: all men confpire to put a high estimation upon ge

(a) Lord Shaftesbury. (b) Helvetius,

nerofity,

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nerofity, benevolence and other focial virtues; while even the most felfish are difgufted with felfishness in others, and endeavour to hide it in themfelves. The moft zealous patron of the felfish principle will not venture to maintain, that it renders us altogether indifferent about our fellow-creatures. Laying afide felf-intereft, with every connection of love and hatred, good fortune happening to any one is agreeable to all, and Fad fortune happening to any one is cifagreeable to all. On the other hand, the fyftem of univerfal benevolence, is no lefs contradictory to experience; from which we learn, that men commonly are difpofed to prefer their own interest before that of others, efpecially where there is no ftrict connection: nor do we find that fuch bias is oppofed by the moral fenfe. Man in fact is a complex being, compofed of principles, fome benevolent, fome felfh, and thef principles are fo justly blended in his nature, as to fit him for acting a proper part in fociety. It would indeed be lofing time to prove, that without fome affection for his fellow-creatures he would be ill qualified for fociety. And it will be made. evident afterwards (a), that univerfal benevolence would be more hurtful to fociety, than even abfolute felfishness

We are now prepared for investigating the laws that refult from the foregoing principles. The feveral duties we owe to others fhall be firit difcuffed, taking them in order, according to the extent of their influence. And for the fake of perfpicuity, I thall first prefent them in a general view, and then proceed to particulars. Of our duties to others, one there is fo extenfive, as to have

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(a) Sea; 4.

"Many moralifts enter fo deeply into one paflion or

お

Of biay of human nature, that, to ufe the painter's phrafe, they quite "overchange it. Thus I have feen a whole fyftem of norals founded upon a single pillar of the inward frames and the "entire conduct of life, and all the characters in it, accounted "for, fometimes from fuperftition, fometimes from pride, and

moft commonly from intereft, They fo get how various a "creature it is they are painting; how many fprings and "weights, nicely adjusted and balanced, enter into the move"ment, and require allowance to be made for their feveral "clogs and impulfes, ere you can define its operation and de"fects," Enquiry into the life and writings of Homer.

have for its object all the innocent part of mankind. It is the duty that prohibits us to hurt others: than which no law is more clearly dictated by the moral fenfe; nor is the tranfgreffion of any other law more deeply ftamped with the character of wrong. A man may be hurt externally in his goods, in his perfon, in his relations, and in his reputation. Hence the laws, Do not Steal; Defraud not others; Do not kill nor wound; Be not guilty of defamation. A man may be hurt internally, by an action that occafions to him distress of mind, or by being impreffed with falfe notions of men and things. Therefore confcience dictates, that we ought not to treat men disrespectfully; that we ought not caufelessly to alienate their affections from others; and, in general, that we ought to forbear whatever may tend to break their peace of mind, or tend to unqualify them for being good men, and good citizens.

The duties mentioned are duties of restraint. Our active duties regard particular perfons; fuch as our relations, our friends, our benefactors, our mafters, our fervants. It is our duty to honour and obey our parents; and to establish our children in the world with all advantages internal and external: we ought to be faithful to our friends, grateful to our benefactors, fubmiffive to our mafters, kind to our fervants, and to aid and comfort every one of these perfons when in diftress. To be obliged to do good to others beyond thefe bounds, muft depend on pofitive engagement; for, as will ap pear afterward, univerfal benevolence is not a duty.

This general sketch will prepare us for particulars. The duty of reftraint comes firft in view, that which bars us from harming the innocent; and to it correfponds a right in the innocent to be fafe from harm. This is the great law preparatory to fociety; because without it, fociety could never have exifted. Here the moral fenfe is inflexible: it dictates, that we ought to fubmit to any diftrefs, even death itself, rather than procure our own fafety by laying violent hands upon an innocent perfon. And we are under the fame restraint with refpect to the property of another; for robbery and theft are never upon any pretext indulged. It is indeed true, that in extreme hunger I may lawfully take

food

food where it can be found; and may freely lay hold of my neighbour's horfe, to carry me from an enemy who threatens death. But it is his duty as a fellow creature to affift me in diftrefs; and when there is no time for de lay, I may lawfully ufe what he ought to offer were he prefent, and what I may prefume he would offer. For the fame reafon, if in a ftorm my fhip be driven among the anchor-ropes of another fhip, I'may lawfully cut the ropes in order to get free. But in every cafe of this kind, it would be a wrong in nie to ufe my neighbour's property, without refolving to pay the value. If my neighbour be bound to aid me in diftrefs, confcience binds me to make up his lofs *.

The

This doctrine is obviously founded on justice; and yet, in the Roman law, there are two paffages which deny any recom peofe in fuch cafes. "Item Labeo fcribit, fi cum vi ventorum

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navis impulfa effet in funes anchorarum alterius, et nauta funes pæcidiffent, fi nullo alio modo, nifi præcifis furibus, "explicare fe potuit, nullam actionem dandam " 1. 29. §. ad leg. Aquil. Quod dicitur damnum injuria datum Aquilia perfequi, fic erit accipiendum, ut videatur damnum injuris"datum quod cum damno injuriam attulerit, nifi magna vi co gente, fuerit factum. Ut Celfus fcribit circa eum, qui incen dii arcendi gratia vicinis ædes intercidit: et five pervenit "ignis, five ante extinctus eft, exiftimat legis Aquilize actionem ceffare," 1. 49 $ 1. eod. [In English thus: "In the opinion of Labeo, if a ship is driven by the violence of a tem"peft among the anchor-ropes of another hip, and the Tailors 06 cut the ropes, having no other means of getting free, there is no action competent. The Aquilian law must be un"derstood to apply only to fuch damage as carries the idea of an injury along with it, unless fuch injury has not been wil "fully done, but from neceffity. Thus Celfus puts the cafe of 66 a person who, to flop the progrefs of a fire, pulls down his "neighbour's houfe; and whether the fire had reached that "house which is pulled down, or was extinguished before it got "to it, in neither cafe, he thinks, will an action be competent "from the Aquilian law."] Thefe opinions are undoubtedly erroneous. And it is not difficult to fay what has occafioned the error: the cafes mentioned are treated as belonging to the lex Aquilia; which being confined to the reparation of wrongs, lays it justly down for a rule, That no action for reparation can lie, where there is no culpa. But had Labeo and Celfus adverted, that thefe cafes belong to a different head, viz. the duty of recompenfe, where one fuffers lofs by benefitting another, they themselves would have had no difficulty of sustaining a claim for making up that lefs,

The prohibition of hurting others internally, is prehaps not effential to the formation of focieties, because the tranfgreffion of that law doth not much alarm plain people: but where manners and refined fentiments prevail, the mind is fufceptible of more grievous wounds than the body; and therefore, without that law, a polished fociety could have no long endurance.

By adultery, mischief is done both external and internal. Each fex is fo conftituted, as to require ftrict fidelity and attachment in a mate and the breach of thefe duties is the greateft external harm that can befal them: it harms them alfo internally, by breaking their peace of mind. It has indeed been urged, that no harm will enfue, if the adultery be kept fecret; and confequently, that there can be no crime where there is no difcovery. But fuch as reafon thus do not advert, that to declare fecret adultery to be lawful, is in effect to overturn ever foundation of mutual trust and fidelity in the married ftate. It is clear beyond all doubt, fays a reputable writer, that no man is permitted to violate his faith; and that the man is unjuft and barbarous who deprives his wife of the only reward the has for adhering to the auftere duties of her fex. But an unfaithful wife is ftill more criminal, by diffolving the whole ties of nature in giving to her husband children that are not his, The betrays both, and joins perfidy to infidelity (a).

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Veracity is commonly ranked among the active duties; but erroneoufly: for if a man be not bound to fpeak, he cannot be bound to speak truth. It is therefore only a restraining duty, prohibiting us to deceive others, by affirming what is not true. Among the many correfponding principles in the human mind that in conjunction tend to make fociety comfortable, a principle of veracity, and a principle that leads us to rely

(a) Emile, liv. 5.

on

Truth is always uppermoft, being the natural issue of the mind: it requires no art nor training, no inducement nor temptation, but only that we yield to natural impulfe. Lying, on the contrary, is doing violence to our nature; and is never practifed, even by the worst of men, without fome temptation. Speaking truth is like pfing our natural food, which we would do from appetite although it antwered no end: lying is like tak