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wroth, and delivered him to the tormentors, till he should pay all that was due unto him: so likewise shall my heavenly Father do also unto you, if ye from your hearts forgive not every one his brother their trespasses.""Put on bowels of mercy, kindness, humbleness of mind, meekness, long-suffering; forbearing one another, forgiving one another, if any man have a quarrel against any, even as Christ forgave you, so also do ye.""Be patient towards all men; see that none render evil for evil to any man."-" Avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord. Therefore, if thine enemy hunger, feed him; if he thirst, give him drink: for, in so doing, thou shalt heap coals of fire on his head. Be not overcome of evil, but overcome evil with good."*

I think it evident, from some of these passages taken separately, and still more so from all of them together, that revenge, as described in the beginning of this chapter, is forbidden in every degree, under all forms, and upon every occasion. We are likewise forbidden to refuse to an enemy even the most imperfect right: "if he hunger, feed him; if he thirst, give him drink;"+ which are examples of imperfect rights. If one who has offended us, solicit from us a vote to which his qualifications entitle him, we may not refuse it from motives of resentment, or the remembrance of what we have suffered at his hands. His right, and our obligation which follows the right, are not altered by his enmity to us, or by ours to him. On the other hand, I do not conceive that these prohibitions were intended to interfere with the punishment or prosecution of public offenders. In the eighteenth chapter of St. Matthew, our Saviour tells his disciples, "If thy brother who has trespassed against thee neglect to hear the church, let him be unto thee as an heathen man, and a publican." Immediately after this, when St. Peter asked him, How oft shall my brother sin against me, and I forgive him? till seven times?" Christ replied, "I say not unto thee until seven times, but until seventy times seven;" that is, as often as he repeats the offence. From these two adjoining passages compared together, we are authorised to conclude that the forgiveness of an enemy is not inconsistent with the proceedings against him as a public offender; and that the discipline established in religious or civil societies, for the restraint or punishment of criminals, ought to be upholden.

If the magistrate be not tied down with these prohibitions from the execution of his office, neither is the prosecutor; for the office of the prosecutor is as necessary as that of the magistrate.

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Thus it is no breach of Christian arity, to withdraw our company or civility when the same tends to discountenance any vicious practice. This is one branch of that extrajudicial discipline, which supplies the defects and the remissness of law; and is expressly authorised by St. Paul (1 Cor. v. 11.) "But now I have written unto you not to keep company, if any man that is called a brother be a fornicator, or covetous, or an idolater, or a railer, or a drunkard, or an extortioner; with such an one, no not to eat." The use of this association against vice continues to be experienced in one remarkable instance, and might be extended with good effect to others. The confederacy amongst women of character, to exclude from their society kept-mistresses and prostitutes, contributes more perhaps to discourage that condition of life, and prevents greater numbers from entering into it, than all the considerations of prudence and religion put together.

We are likewise allowed to practise so much caution as not to put ourselves in the way of injury, or invite the repetition of it. If a servant or tradesman has cheated us, we are not bound to trust him again; for this is to encourage him in his dishonest practices, which is doing him much harm.

Where a benefit can be conferred only upon one or few, and the choice of the person upon whom it is conferred is a proper object of favour, we are at liberty to prefer those who have not offended us to those who have; the contrary being no where required.

Christ, who, as hath been well demonstrated,* estimated virtues by their solid utility, and not by their fashion or popularity, prefers this of the forgiveness of injuries to every other. He enjoins it oftener; with more earnestness; under a greater variety of forms; and with this weighty and peculiar circumstance, that the forgiveness of others is the condition upon which alone we are to expect, or even ask, from God, forgiveness for ourselves. And this preference is justified by the superior importance of the virtue itself. The feuds and animosities in families, and between neighbours, which disturb the intercourse of human life, and collectively compose half the misery of it, have their foundation in the want of a forgiving temper; and can never cease, but by the exercise of this virtue, on one side, or on both.

CHAPTER IX. Duelling.

DUELLING as a punishment is absurd; because Nor, by parity of reason, are private persons it is an equal chance, whether the punishment fall withholden from the correction of vice, when it is upon the offender, or the person offended. Nor in their power to exercise it; provided they be as-is it much better as a reparation: it being difficult sured that it is the guilt which provokes them, and not the injury; and that their motives are pure from all mixture and every particle of that spirit which delights and triumphs in the humiliation of an adversary.

Matt. vi. 14, 15: xviii. 34, 35. Col. iii. 12, 13. 1 Thes. v. 14, 15. Rom. xii. 19, 20, 21.

↑ See also Exodus, xxiii. 4. "If thou meet thine enemy's ox, or his ass, going astray, thou shalt surely bring it back to him again; if thou see the ass of him that hateth thee, lying under his burden, and wouldst forbear to help him, thou shalt surely help with him."

to explain in what the satisfaction consists, or how it tends to undo the injury, or to afford a compensation for the damage already sustained.

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The truth is, it is not considered as either. law. of honour having annexed the imputation of cowardice to patience under an affront, challenges are given and accepted with no other design than to prevent or wipe off this suspicion; without malice against the adversary, generally without a

*See a View of the Internal Evidence of the Chris tian Religion.

wish to destroy him, or any other concern than to preserve the duellist's own reputation and reception in the world.

The unreasonableness of this rule of manners is one consideration; the duty and conduct of individuals, while such a rule exists, is another. As to which, the proper and single question is this, whether a regard for our own reputation is, or is not, sufficient to justify the taking away the life of another?

The insufficiency of the redress which the law of the land affords, for those injuries which chiefly affect a man in his sensibility and reputation, tempts many to redress themselves. Prosecutions for such offences, by the trifiing damages that are recovered, serve only to make the sufferer more ridiculous.-This ought to be remedied.

For the army, where the point of honour is cultivated with exquisite attention and refinement, I would establish a Court of Honour, with a power Murder is forbidden; and wherever human life of awarding those submissions and acknowledg is deliberately taken away, otherwise than by pub-ments, which it is generally the purpose of a lic authority, there is murder. The value and se- challenge to obtain; and it might grow into a curity of human life make this rule necessary; for fashion, with persons of rank of all professions, to I do not see what other idea or definition of mur- refer their quarrels to this tribunal. der can be admitted, which will not let in so much private violence, as to render society a scene of peril and bloodshed.

If unauthorised laws of honour be allowed to create exceptions to divine prohibitions, there is an end of all morality, as founded in the will of the Deity; and the obligation of every duty may, at one time or other, be discharged by the caprice and fluctuations of fashion.

"But a sense of shame is so much torture; and no relief presents itself otherwise than by an attempt upon the life of our adversary." What then? The distress which men suffer by the want of money is oftentimes extreme, and no resource can be discovered but that of removing a life which stands between the distressed person and his inheritance. The motive in this case is as urgent, and the means much the same, as in the former: yet this case finds no advocate.

Duelling, as the law now stands, can seldom be overtaken by legal punishment. The challenge, appointment, and other previous circumstances, which indicate the intention with which the combatants met, being suppressed, nothing appears to a court of justice, but the actual rencounter; and if a person be slain when actually fighting with his adversary, the law deems his death nothing more than manslaughter.

CHAPTER X.
Litigation.

"Ir it be possible, live peaceably with all men;" which precept contains an indirect confession that this is not always possible.

Take away the circumstance of the duellist's The instances in the fifth chapter of Saint exposing his own life, and it becomes assassina- Matthew are rather to be understood as Į roverbial tion; add this circumstance, and what difference methods of describing the general duties of fordoes it make? None but this, that the fewer per-giveness and benevolence, and the temper which haps will imitate the example, and human life will be somewhat more safe, when it cannot be attacked without equal danger to the aggressor's own. Experience, however, proves that there is fortitude enough in most men to undertake this hazard; and were it otherwise, the defence, at best, would be only that which a highwayman or housebreaker might plead, whose attempt had been so daring and desperate, that few were likely to repeat the same.

we ought to aim at acquiring, than as directions to be specifically observed; or of themselves of any great importance to be observed. The first of these is, "If thine enemy smite thee on thy right cheek, turn to him the other also;" yet, when one of the officers struck Jesus with the palm of his hand, we find Jesus rebuking him for the outrage with becoming indignation; "If I have spoken evil, bear witness of the evil; but if well, why smitest thou me?" (John xviii. 43.) It may be observed, likewise, that the several examples are drawn rule which forbade all opposition to injury, or defrom instances of small and tolerable injuries. A fence against it, could have no other effect, than to put the good in subjection to the bad, and de

In expostulating with the duellist, I all along suppose his adversary to fall. Which supposition I am at liberty to make, because, if he have no right to kill his adversary, he has none to attempt it. In return, I forbear from applying to the case of duelling the Christian principle of the forgive-liver one half of mankind to the depredations of ness of injuries; because it is possible to suppose the injury to be forgiven, and the duellist to act entirely from a concern for his own reputation: where this is not the case, the guilt of duelling is manifest, and is greater.

In this view it seems unnecessary to distinguish between him who gives, and him who accepts, a challenge: for, on the one hand, they incur an equal hazard of destroying life; and on the other, both act upon the same persuasion, that what they do is necessary, in order to recover or preserve the good opinion of the world.

Public opinion is not easily controlled by civil institutions: for which reason I question whether any regulations can be contrived, of sufficient force to suppress or change the rule of honour, which stigmatises all scruples about duelling with the reproach of cowardice.

the other half; which must be the case, so long as some considered themselves as bound by such a rule, whilst others despised it. Saint Paul, though no one inculcated forgiveness and forbearance with a deeper sense of the value and obligation of these virtues, did not interpret either of them to require an unresisting submission to every contumely, or He took refuge in the laws of his country, and in a neglect of the means of safety and self-defence, the privileges of a Roman citizen, from the conspiracy of the Jews (Acts xxv. 11;) and from the clandestine violence of the chief captain (Acts xxii. 25.) And yet this is the same apostle who

"Whosoever shall smite thee on thy right cheek,

turn to him the other also: and if any man will sue thee cloak also; and whosoever shall compel thee to go a at the law, and take away thy coat, let him have thy mile, go with him twain."

concern to the whole neighbourhood, cannot be charged as a peculiar obligation upon any.

reproved the litigiousness of his Corinthian con- | others, the prosecution of which, being of equal verts with so much severity. "Now, therefore, there is utterly a fault among you, because ye go to law one with another. Why do ye not rather take wrong? why do ye not rather suffer yourselves to be defrauded?

Nevertheless, there is great merit in the person who undertake such prosecutions upon proper motives; which amounts to the same thing.

On the one hand, therefore, Christianity ex- The character of an informer is in this country cludes all vindictive motives, and all frivolous undeservedly odious. But where any public adcauses, of prosecution; so that where the injury vantage is likely to be attained by information, or is small, where no good purpose of public example other activity in promoting the execution of the is answered, where forbearance is not likely to laws, a good man will despise a prejudice founded invite a repetition of the injury, or where the ex-in no just reason, or will acquit himself of the pense of an action becomes a punishment too se- imputation of interested designs by giving away vere for the offence; there the Christian is with- his share of the penalty. holden by the authority of his religion from going to law.

On the other hand, a law-suit is inconsistent with no rule of the Gospel, when it is instituted,

1. For the establishing of some important right. 2. For the procuring a compensation for some considerable damage.

3. For the preventing of future injury. But since it is supposed to be undertaken simply with a view to the ends of justice and safety, the prosecutor of the action is bound to confine himself to the cheapest process which will accomplish these ends, as well as to consent to any peaceable expedient for the same purpose; as to a reference, in which the arbitrators can do, what the law cannot, divide the damage, when the fault is mutual; or to a compounding of the dispute, by accepting a compensation in the gross, without entering into articles and items, which it is often very difficult to adjust separately.

As to the rest, the duty of the contending ties may be expressed in the following directions: Not by appeals to prolong a suit against your own conviction.

On the other hand, prosecutions for the sake of the reward, or for the gratification of private enmity, where the offence produces no public mischief, or where it arises from ignorance or inadvertency, are reprobated under the general description of applying a rule of law to a purpose for which it was not intended. Under which description may be ranked an officious revival of the laws against Popish priests, and dissenting teachers.

CHAPTER XI. Gratitude.

EXAMPLES of ingratitude check and discourage voluntary beneficence: and in this, the mischief of ingratitude consists. Nor is the mischief small; for after all is done that can be done, towards propar-viding for the public happiness, by prescribing rules of justice, and enforcing the observation of them by penalties or compulsion, much must be left to those offices of kindness, which men remain at liberty to exert or withhold. Now not only the choice of the objects, but the quantity and even the existence of this sort of kindness in the world, depends, in a great measure, upon the return which it receives: and this is a consideration of general importance.

Not to undertake or defend a suit against a poor adversary, or render it more dilatory or expensive than necessary, with the hope of intimidating or wearing him out by the expense.

Not to influence evidence by authority or expectation;

Nor to stifle any in your possession, although it make against you.

Hitherto we have treated of civil actions. In criminal prosecutions, the private injury should be forgotten, and the prosecutor proceed with the same temper, and upon the same motives, as the magistrate; the one being a necessary minister of justice as well as the other, and both bound to direct their conduct by a dispassionate care of the public welfare.

In whatever degree the punishment of an offender is conducive, or his escape dangerous, to the interest of the community, in the same degree is the party against whom the crime was committed bound to prosecute; because such prosecutions must in their nature originate from the sufferer.

Therefore great public crimes, as robberies, forgeries, and the like, ought not to be spared, from an apprehension of trouble or expense in carrying on the prosecution, from false shame, or misplaced compassion.

There are many offences, such as nuisances, neglect of public roads, forestalling, engrossing, smuggling, sabbath-breaking, profaneness, drunkenness, prostitution, the keeping of lewd or disorderly houses, the writing, publishing, or exposing to sale, lascivious books or pictures, with some

A second reason for cultivating a grateful temper in ourselves, is the following: The same principle, which is touched with the kindness of a human benefactor, is capable of being affected by the divine goodness, and of becoming, under the influence of that affection, a source of the purest and most exalted virtue. The love of God is the sublimest gratitude. It is a mistake, therefore, to imagine, that this virtue is omitted in the Christian Scriptures; for every precept which commands us "to love God, because he first loved us," presupposes the principle of gratitude, and directs it to its proper object.

It is impossible to particularise the several expressions of gratitude, inasmuch as they vary with the character and situation of the benefactor, and with the opportunities of the person obliged; which variety admits of no bounds.

It may be observed, however, that gratitude can never oblige a man to do what is wrong, and what by consequence he is previously obliged not to do. It is no ingratitude to refuse to do, what we cannot reconcile to any apprehensions of our duty; but it is ingratitude and hypocrisy together, to pretend this reason, when it is not the real one: and the frequency of such pretences has brought this apology for non-compliance with the will of a benefactor into unmerited disgrace.

It has long been accounted a violation of delicaey and generosity to upbraid men with the favours they have received: but it argues a total destitution of both these qualities, as well as of moral probity, to take advantage of that ascendency which the conferring of benefits justly creates, to draw or drive those whom we have obliged into mean or dishonest compliances.

CHAPTER XII. Slander.

SPEAKING is acting, both in philosophical strictness, and as to all moral purposes: for if the mischief and motive of our conduct be the same, the Deans which we use make no difference.

And this is in effect what our Saviour declares, Matt. xii. 37:-"By thy words thou shalt be justified, and by thy words thou shalt be condemned by thy words, as well, that is, as by thy actions; the one shall be taken into the account as well as the other, for they both possess the same property of voluntarily producing good or evil. Slander may be distinguished into two kinds: malicious slander, and inconsiderate slander. Malicious slander is the relating of either truth or falsehood, for the purpose of creating misery.

I acknowledge that the truth or falsehood of what is related, varies the degree of guilt considerally; and that slander, in the ordinary acceptation of the term, signifies the circulation of mischievous falsehood: but truth may be made instrumental to the success of malicious designs as well as falsehood; and if the end be bad, the means cannot be innocent.

I think the idea of slander ought to be confined

servant may be a very bad servant, and yet seldom or never design to act in opposition to his master's interest or will: and his master may justly punish such servant for a thoughtlessness and neglect nearly as prejudicial as deliberate disobedience. I accuse you not, he may say, of any express intention to hurt me; but had not the fear of my displeasure, the care of my interest, and indeed all the qualities which constitute the merit of a good servant, been wanting in you, they would not only have excluded every direct purpose of giving me uneasiness, but have been so far present to your thoughts, as to have checked that unguarded licentiousness by which I have suffered so much, and inspired you in its place with an habitual solicitude about the effects and tendency of what you did or said.-This very much resembles the case of all sins of inconsideration; and, amongst the foremost of these, that of inconsiderate slander.

Information communicated for the real purpose of warning, or cautioning, is not slander.

Indiscriminate praise is the opposite of slander, but it is the opposite extreme; and, however it may affect to be thought to be excess of candour, is commonly the effusion of a frivolous understanding, or proceeds from a settled contempt of all moral distinctions.

BOOK III.

PART III.

THE CONSTITUTION OF THE SEXES.

to the production of gratuitous mischief. When OF RELATIVE DUTIES WHICH RESULT FROM we have an end or interest of our own to serve, if we attempt to compass it by falsehood, it is fraud; if by a publication of the truth, it is not without some additional circumstance of breach of promise, betraying of confidence, or the like, to be deemed criminal.

Sometimes the pain is intended for the person to whom we are speaking; at other times, an enmity is to be gratified by the prejudice or disquiet of a third person. To infuse suspicions, to kindle or continue disputes, to avert the favour and esteem of benefactors from their dependents, to render some one whom we dislike contemptible or obnoxious in the public opinion, are all offices of sander; of which the guilt must be measured by the intensity and extent of the misery produced.

The disguises under which slander is conveyed, whether in a whisper, with injunctions of secrecy by way of caution, or with affected reluctance, are all so many aggravations of the offence, as they indicate more deliberation and design.

Inconsiderate slander is a different offence, although the same mischief actually follow, and although the mischief might have been foreseen. The not being conscious of that design which we have hitherto attributed to the slanderer, makes the difference

The guilt here consists in the want of that regard to the consequences of our conduct, which a just affection for human happiness, and concern for our duty would not have failed to have produced in us. And it is no answer to this crimination to say, that we entertained no evil design. A

THE Constitution of the sexes is the foundation of marriage.

Collateral to the subject of marriage, are fornication, seduction, adultery, incest, polygamy, divorce.

Consequential to marriage, is the relation and reciprocal duty of parent and child.

We will treat of these subjects in the following order: first, of the public use of marriage institutions; secondly, of the subjects collateral to marriage, in the order in which we have here proposed them; thirdly, of marriage itself; and, lastly, of the relation and reciprocal duties of parents and children.

CHAPTER I.

Of the Public Use of Marriage Institutions. THE public use of marriage institutions consists in their promoting the following beneficial effects.

1. The private comfort of individuals, especially of the female sex. It may be true, that all are not interested in this reason; nevertheless, it is a reason to all for abstaining from any conduct which tends in its general consequence to obstruct marriage: for whatever promotes the happiness of the majority, is binding upon the whole.

2. The production of the greatest number of

nealthy children, their better education, and the making of due provision for their settlement in life. 3. The peace of human society, in cutting off a principal source of contention, by assigning one or more women to one man, and protecting his exclusive right by sanctions of morality and law. 4. The better, government of society, by distributing the community into separate families, and appointing over each the authority of a master of a family, which has more actual influence than all civil authority put together.

5. The same end, in the additional security which the state receives for the good behaviour of its citizens, from the solicitude they feel for the welfare of their children, and from their being confined to permanent habitations.

6. The encouragement of industry. Some ancient nations appear to have been more sensible of the importance of marriage institutions than we are. The Spartans obliged their citizens to marry by penalties, and the Romans encouraged theirs by the jus trium liberorum. A man who had no child, was entitled by the Roman law only to one half of any legacy that should be left him, that is, at the most, could only receive one half of the testator's fortune.

CHAPTER II.
Fornication.

THE first and great mischief, and by consequence the guilt, of promiscuous concubinage, consists in its tendency to diminish marriages, and thereby to defeat the several beneficial purposes enumerated in the preceding chapter.

Promiscuous concubinage discourages marriage, by abating the chief temptation to it. The male part of the species will not undertake the encumbrance, expense, and restraint of married life, if they can gratify their passions at a cheaper price; and they will undertake any thing, rather than not gratify them.

3. Fornication* produces habits of ungovernable lewdness, which introduces the more aggravated crimes of seduction, adultery, violation, &c. Likewise, however it be accounted for, the criminal commerce of the sexes corrupts and depraves the mind and moral character more than any single species of vice whatsoever. That ready percep tion of guilt, that prompt and decisive resolution against it, which constitutes a virtuous character, is seldom found in persons addicted to these indulgences. They prepare an easy admission for every sin that seeks it; are, in low life, usually the first stage in men's progress to the most desperate villanies; and, in high life, to that lamented dissoluteness of principle, which manifests itself in a profligacy of public conduct, and a contempt of the obligations of religion and of moral probity. Add to this, that habits of libertinism incapacitate and indispose the mind for all intellectual, moral, and religious pleasures; which is a great loss to any man's happiness.

4. Fornication perpetuates a disease, which may be accounted one of the sorest maladies of human nature; and the effects of which are said to visit the constitution of even distant genera

tions.

The passion being natural, proves that it was intended to be gratified: but under what restrictions, or whether without any, must be collected from different considerations.

The Christian Scriptures condemn fornication absolutely and peremptorily. "Out of the heart," says our Saviour, "proceed evil thoughts, murders, adulteries, fornication, thefts, false witness, blasphemies; these are the things which defile a These are Christ's own words: and one man." word from him upon the subject, is final. It may be observed with what society fornication is classed; with murders, thefts, false witness, blasphemies. I do not mean that these crimes are all equal, because they are all mentioned together; but it proves that they are all crimes. The apos tles are more full upon this topic. One well-known passage in the Epistle to the Hebrews, may stand in the place of all others; because, admitting the authority by which the apostles of Christ spake and wrote, it is decisive: "Marriage and the bed undefiled is honourable amongst all men: but whoremongers and adulterers God will judge;" which was a great deal to say, at a time when it was not agreed, even amongst philosophers themselves, that fornication was a crime.

The reader will learn to comprehend the magnitude of this mischief, by attending to the importance and variety of the uses to which marriage is subservient; and by recollecting withal, that the malignity and moral quality of each crime is not to be estimated by the particular effect of one offence, or of one person's offending, but by the general tendency and consequence of crimes of the same nature. The libertine may not be The Scriptures give no sanction to those ausconscious that these irregularities hinder his own terities, which have been since imposed upon the marriage, from which he is deterred, he may al-world under the name of Christ's religion; as the lege, by different considerations; much less does he perceive how his indulgences can hinder other men from marrying; but what will he say would be the consequence, if the same licentiousness were universal? or what should hinder its becoming universal, if it be innocent or allowable in him?

2. Fornication supposes prostitution; and prostitution brings and leaves the victims of it to almost certain misery. It is no small quantity of misery in the aggregate, which, between want, disease, and insult, is suffered by those outcasts of human society, who infest populous cities; the whole of which is a general consequence of fornication, and to the increase and continuance of which, every act and instance of fornication contributes.

celibacy of the clergy, the praise of perpetual virginity, the prohibitio concubitus cum gravida uxore; but with a just knowledge of, and regard to, the condition and interest of the human species, have provided, in the marriage of one man with one woman, an adequate gratification for the propensities of their nature, and have restricted them to that gratification.

The avowed toleration, and in some countries the licensing, taxing, and regulating of public brothels, has appeared to the people an authorising of fornication; and has contributed, with other

*Of this passion it has been truly said, that “irregu larity has no limits; that one excess draws on another; that the most easy, therefore, as well as the most excel lent way of being virtuous, is to be so entirely." Ogden, Serm. xvi.

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