and virtue, to provide for them situations needful for their subsistence and suited to their circumstances, and to prepare them for those situations; he has a right to such authority, and in support of that authority to exercise such discipline as may be necessary for these purposes. The law of nature acknowledges no other foundation of a parent's right over his children, besides his duty towards them. (I speak now of such rights as may be enforced by coercion.) This relation confers no property in their persons, or natural dominion over them, as is commonly supposed.

Since it is, in general, necessary to determine the destination of children, before they are capable of judging of their own happiness, parents have a right to elect professions for them.

As the mother herself owes obedience to the father, her authority must submit to his, In a competition, therefore, of commands, the father is to be obeyed. In case of the death of either, the authority, as well as duty, of both parents, devolves upon the

survivor.

These rights, always following the duty, belong likewise to guardians; and so much of them as is delegated by the parents or guardians, belongs to tutors, schoolmasters, &c.

From this principle, "that the rights of parents result from their duty," it follows that parents have no natural right over the lives of their children as was absurdly allowed to Roman fathers; nor any to exercise unprofitable severities; nor to command the commission of crimes: for these rights can never be wanted for the purpose of a parent's duty.

Nor, for the same reason, have parents any right to sell their children into slavery. Upon which, by the way, we may observe, that the children of slaves are not, by the law of nature, born slaves; for, as the master's right is derived to him through the parent, it can never be greater than the parent's own.

Hence also it appears, that parents not only pervert, but exceed, their just authority, when they consult their own ambition, interest, or prejudice, at the manifest expense of their children's happiness. Of which abuse of parental power, the following are instances: The shutting up of daughters and younger sons in nunneries and monasteries, in order to preserve entire the estate and dignity of the family; or the using of any arts either of kindness or unkindness, to induce them to

make choice of this way of life themselves; or, in countries where the clergy are prohibited from marriage, putting sons into the church for the same end, who are never likely either to do or receive any good in it, sufficient to compensate for this sacrifice; the urging of children to marriages from which they are averse, with the view of exalting or enriching the family, or for the sake of connecting estates, parties, or interests; or the opposing of a marriage, in which the child would probably find his happiness, from a motive of pride or avarice, or family hostility, or personal pique.

CHAPTER XI.

THE DUTY OF CHILDREN.

THE Duty of Children may be considered,
I. During childhood.

II. After they have attained to manhood, but continue in their father's family.

III. After they have attained to manhood, and have left their father's family. I. During childhood.

Children must be supposed to have attained to some degree of discretion before they are capable of any duty. There is an interval of eight or nine years between the dawning and the maturity of reason, in which it is necessary to subject the inclination of children to many restraints, and direct their application to many employments, of the tendency and use of which they cannot judge; for which cause, the submission of children during this period must be ready and implicit, with an exception, however, of any manifest crime which may be commanded them.

II. After they have attained to manhood, but continue in their father's family.

If children, when they are grown up, voluntarily continue members of their father's family, they are bound, beside the general duty of gratitude to their parents, to observe such regulations of the family as the father shall appoint; contribute their labour to its support, if required; and confine themselves to such expenses as he shall allow. The obligation would be the same, if they were admitted into any other family, or received support from any other hand.

III. After they have attained to manhood, and have left their father's family.

In this state of the relation, the duty to parents is simply the duty of gratitude; not

different in kind, from that which we owe to any other benefactor; in degree, just so much exceeding other obligations, by how much a parent has been a greater benefactor than any other friend. The services and attentions, by which filial gratitude may be testified, can be comprised within no enumeration. It will show itself in compliances with the will of the parents, however contrary to the child's own taste or judgment, provided it be neither criminal, nor totally inconsistent with his happiness; in a constant endeavour to promote their enjoyments, prevent their wishes, and soften their anxieties, in small matters as well as in great; in assisting them in their business; in contributing to their support, ease, or better accommodation, when their circumstances require it; in affording them our company, in preference to more amusing engagements; in waiting upon their sickness or decrepitude; 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 I believe it also to be true, that there

sort

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. perience 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 parent's pleasure, he ought not to suffer in his parent's 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.

Ex

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 parent's 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 wellpleasing unto the Lord."*

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.

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

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.

Ir 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, it cannot 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

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, the we are bound to prefer the aggressor's life to our own, that is to say, to love our enemy hetter than ourselves, which can never be debt of justice, nor any where appears to be a duty of charity. Nor is the case alte. d 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 of 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