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BOOK I.

Preliminary Considerations.

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CHAPTER I.

DEFINITION AND USE OF THE SCIENCE..

MORAL PHILOSOPHY, Morality, Ethics, Casuistry, Natural Law, mean all the same thing; namely, That Science which teaches men their duty, and the reasons of it.

The use of such a study depends upon this, that, without it, the rules of life, by which men are ordinarily governed, oftentimes mislead them, through a defect either in the rule, or in the application.

These rules are, the Law of Honour, the Law of the Land, and the Scriptures.

CHAPTER II.

THE LAW OF HONOUR.

THE Law of Honour is a system of rules constructed by people of fashion, and calculated to facilitate their intercourse with one another; and for no other purpose.

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Consequently, nothing is adverted to by the Law of Honour, but what tends to incommode this in

tercourse.

Hence, this law only prescribes and regulates the duties betwixt equals; omitting such as relate to the Supreme Being, as well as those which we owe to our inferiors.

For which reason, profaneness, neglect of public worship or private devotion, cruelty to servants, rigorous treatment of tenants or other dependants, want of charity to the poor, injuries done to tradesmen by insolvency or delay of payment, with numberless examples of the same kind, are accounted no breaches of honour; because a man is not a less agreeable companion for these vices, nor the worse to deal with, in those concerns which are usually transacted between one gentleman and another.

Again, the Law of Honour being constituted by men occupied in the pursuit of pleasure, and for the mutual conveniency of such men, will be found, as might be expected from the character and design of the law-makers, to be, in most instances, favourable to the licentious indulgence of the natural passions.

Thus it allows of fornication, adultery, drunkenness, prodigality, duelling, and of revenge in the extreme; and lays no stress upon the virtues opposite to these.

CHAPTER III.

THE LAW OF THE LAND.

THAT part of mankind who are beneath the Law of Honour, often make the Law of the Land the rule of life; that is, they are satisfied with themselves, so long as they do or omit nothing, for the doing or omitting of which the Law can punishe them.

Whereas every system of human Laws, considered as a rule of life, labours under the two following

defects:

I. Human Laws omit many duties, as not objects of compulsion; such as piety to God, bounty to the poor, forgiveness of injuries, education of children, gratitude to benefactors.

The Law never speaks but to command, nor commands but where it can compel; consequently those duties, which by their nature must be voluntary, are left out of the statute-book, as lying beyond the reach of its operation and authority.

II. Human Laws permit, or, which is the same thing, suffer to go unpunished, many crimes, because they are incapable of being defined by any previous description-Of which nature is luxury, prodigality, partiality in voting at those elections in which the qualification of the candidate ought to determine the success, caprice in the disposition of men's fortunes at their death, disrespect to parents, and a multitude of similar examples.

For this is the alternative; either the Law must define beforehand and with precision the offences which it punishes, or it must be left to the discretion of the magistrate to determine upon each particular accusation, whether it constitutes that offence which the Law designed to punish, or not; which is in effect leaving to the magistrate to punish or not to punish, at his pleasure, the individual who is brought before him; which is just so much tyranny. Where, therefore, as in the instances above-mentioned, the distinction between right and wrong is of too subtile, or of too secret a nature, to be ascertained by any preconcerted language, the law of most countries especially of free states, rather than commit the l' erty of the subject to the discretion of the m trate, leaves men in such cases to themselves.

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