CHAP. I.

THE RIGHTS OF SELF-DEFENCE.

I might lawfully

T has been afferted, that in a ftate of nature we might lawfully defend the most infignificant. right, provided it were a perfect determinate right, by any extremities which the obftinacy of the aggreffor made neceffary. Of this I doubt; becaufe I doubt whether the general rule be worth fustaining at fuch an expence, and becaufe, apart from the general confequence of yielding to the attempt, it cannot be contended to be for the augmentation of human happinefs, that one man fhould lofe his life or a limb, rather than another a penny-worth of his property. Nevertheless, perfect rights can only be diftinguished by their value; and it is impoffible to afcertain the value, at which the liberty of ufing extreme violence begins. The perfon attacked must balance, as well as he can, between the general confequence of yielding, and the particular effect of refiftance.

However, this right, if it exift in a state of na ture, is fufpended by the establishment of civil fociety because thereby other remedies are provided against attacks upon our property, and because it is neceffary to the peace and fafety of the community, that the prevention, punifhment, and redress of injuries be adjufted by public laws. Moreover, as the individual is affifted in the recovery of his right, or of a compenfation for it, by the public ftrength, it ie no lefs equitable than expedient, that he should fubmit

fubmit to public arbitration, the kind as well as the measure of the fatisfaction which he is to obtain.

There is one cafe in which all extremities are juftifiable, namely, when our life is affaulted, and it becomes neceffary for our prefervation to kill the affailant. This is evident in a state of nature; unlefs it can be shown, that we are bound to prefer the aggreffor's life to our own, that is to fay, to love our enemy better than ourselves, which can never be a debt of juftice, nor any where appears to be a duty of charity. Nor is the cafe altered by our living in civil fociety; because by the fuppofition, the laws of fociety cannot interpofe to protect us, nor by the nature of the cafe compel reftitution. This liberty is reftrained to cafes, in which no other probable means of preferving our life remain, as flight, calling for affiftance, difarming the adverfary, &c. The rule holds, whether the danger proceed from a voluntary attack, as by an enemy, robber, or affaffin: or from an involuntary one, as by a madman, or perfon finking in the water, and dragging us after him; or where two perfons are reduced to a fituation, in which one or both of them must perifh; as in a fhipwreck, where two feize upon a plank, which will fupport only one: although, to fay the truth, thefe extreme cafes, which happen feldom, and hardly, when they do happen, admit of moral agency, are scarcely worth mentioning, much lefs debating.

The inftance, which approaches the nearest to the prefervation of life, and which feems to juftify the fame extremities, is the defence of chastity.

In all other cafes, it appears to me the fafeft to confider the taking away of life as authorized by the law of the land; and the perfon who takes it away, as in the fituation of a minifter or executioner of the law.

In which view, homicide, in England is justifiable:

1. To prevent the commiffion of a crime, which, when committed, would be punishable with death. · Thus it is lawful to fhoot a highwayman, or one attempting to break into a houfe by night: but not fo if the attempt be made in the day-time: which particular diftinction, by a confent that is remarkable, obtained alfo in the Jewish law, as well as in the laws both of Greece and Rome.

2. In neceffary endeavours to carry the law into execution, as in fuppreffing riots, apprehending malefactors, preventing efcapes, &c.

I do not know that the law holds forth its authority to any cafes befide thofe which fall within one or other of the above defcriptions; or that after the exception of immediate danger to life or chastity, the deftruction of a human being can be innocent without that authority.

The rights of war are not here taken into the ac

count.

CHAP.

CHA P. II.

DRUNKENNES S.

DE

upon

RUNKENNESS is either actual or habitual; juft as it is one thing to be drunk, and another to be a drunkard. What we fhall deliver the fubject, muft principally be understood of a habit of intemperance; although part of the guilt and danger defcribed may be aplicable to cafual exceffes; and all of it, in a certain degree, forafmuch as every habit is only a repetition of fingle inftan

ces.

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

1. It betrays most conftitutions either into extravagancies of anger, or fins of lewdness.

2. It difqualifies men for the duties of their ftation, both by the temporary diforder of their faculties, and at length by a conftant incapacity and ftupefaction.

3. It is attended with expences, which can often be ill fpared.

4. It is fure to occafion uneafiness to the family of the drunkard.

5. It fhortens life.

To thefe confequences of drunkennefs muft be added the peculiar danger and mifchief of the example. Drunkennefs is a focial feftive vice; apt, beyond any vice that can be mentioned, to draw in others by the example. The drinker collects his eircle: the circle naturally spreads; of those who

arc

are drawn within it, many become the corrupters and centers of fets and circles of their own; every one countenancing, and, perhaps, emulating the reft, till a whole neighbourhood be infected from the contagion of a fingle 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 diftricts of a country, or in particular towns, without any reafon to be given for the fashion, but that it had been introduced by fome popular examples. With this obfervation upon the fpreading quality of drunkennefs, let us connect a remark which belongs to the feveral evil effects above recited. The confequences of a vice, like the fymptoms of a disease, though they be all enumerated in the description, feldom all meet in the fame subject. In the inftance under confideration, the age and temperature of one drunkard may have little to fear from inflammations of luft or anger; the fortune of a fecond may not be injured by the expence; a third may have no family to be difquieted by his irregularities; and a fourth may poffefs a conftitution fortified against the poison of strong liquors. But if, as we always ought to do, we comprehend within the confequences of our conduct the mifchief and tendency of the example, the above circumstances, however fortunate for the individual, will be found to vary the guilt of his intemperance, lefs, probably, than he fuppofes. The moralift may expoftulate with him thus: Although the waste of time and money be of fmall importance to you, it may be of the utmoft to fome one or other whom your fociety corrupts. Repeated or long continued exceffes, which hurt not your health, may be fatal to your companion. Although you have neither wife, nor child, nor parent, to lament your abfence from home, or expect your return to it with terror; other families, in which husbands and fathers have been invited to fhare in your ebri

ety,