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tor, upon the death of the lord or tenant, or the alienation of the estate, to a fine apportioned to the improved value of the land. But of all institutions which are in this way adverse to cultivation and improvement, none is so noxious as that of tithes. A claimant here enters into the produce, who contrib. uted no assistance whatever to the production. When years, perhaps, of care and toil have matured an improvement; when the husbandman sees new crops ripening to his skill and industry; the moment he is ready to put his sickle to the grain, he finds himself compelled to divide his harvest with a stranger. Tithes are a tax not only upon industry, but upon that industry, which feeds mankind; upon that spe cies of exertion which it is the aim of all wise laws to cherish and promote; and to uphold and excite which, composes, as we have seen, the main benefit that the community receives from the whole system of trade, and the success of commerce. And, together with the more general inconveniency that attends the exaction of tithes, there is this additional evil, in the mode at least according to which they are collected at present, that they operate as a bounty upon pasturage. The burthen of the tax falls with its chief, if not with its whole weight, upon tillage; that is to say, upon that precise mode of cultivation which, as hath been shewn above, it is the business of the state to relieve and remunerate, in preference to every other. No measure of such extensive concern appears to me so practicable, nor any single alteration so beneficial, as the conversion of tithes into corn rents. This commutation, I am convinced, might be so adjusted, as to secure to the tithe-holder a complețe and perpetual equivalent for his interest, and to leave to industry its full operation and entire reward,

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CHAPTER XII.

OF WAR, AND OF MILITARY ESTABLISH

MENTS.

BECAUSE the Christian Scriptures describe wars, as what they are, as crimes or judgments, some have been led to believe that it is unlawful for a Christian to bear arms. But it should be remembered, that it may be necessary for individuals to unite their force, and for this end to resign themselves to the direction of a common will; and yet it may be true that that will is often actuated by criminal motives, and often determined to destructive purposes. Hence, although the origin of wars be ascribed in Scripture to the operation of lawless and malignant passions;* and though war itself be enumerated among the sorest calamities with which a land can be visited, the profession of a soldier is no where forbidden or condemned. When the soldiers demanded of John the Baptist what they should do, he said unto them, "Do violence to no man, neither accuse any falsely, and be content with your wages."t In which answer we do not find that, in order to prepare themselves for the reception of the kingdom of God, it was required of soldiers to relinquish their profession, but only that they should beware of the vices of which that profession was accused. The precept which follows, "Be content with your wages," supposed them to continue in their situation. It was of a Roman centurion that Christ pronounced that memorable eulogy, "I have not found so great faith, no not in Israel." The first Gentile converts who was received into the Christian church, and to whom the gospel was imparted by the immediate and espe

**James, iv. 1. † Luke, iii. 14. † Luke, vii. 9.

§ Acts, x. 1.

cial direction of Heaven, held the same station: and in the history of this transaction we discover not the. smallest intimation, that Cornelius, upon becoming a Christian, quitted the service of the Roman legion; that his profession was objected to, or his continuance in it considered as in any wise inconsistent with his new character.

In applying the principles of morality to the affairs of nations, the difficulty which meets us arises from hence, "that the particular consequence sometimes appears to exceed the value of the general rule." In this circumstance is founded the only distinction that. exists between the case of independent states, and of independent individuals. In the transactions of private persons, no advantage that results from the breach of a general law of justice, can compensate to the public for the violation of the law: in the concerns of empire, this may sometimes be doubted. Thus, that the faith of promises ought to be maintained, as far as is lawful, and as far as was intended by the parties, whatever inconveniency either of them may suffer by his fidelity, in the intercourse of private life, is seldom disputed; because it is evident to almost every man who reflects upon the subject, that the common happiness gains more by the preservation of the rule, than it could do by the removal of the inconveniency. But when the adherence to a public treaty would enslave a whole people, would block up seas, rivers, or harbours, depopulate cities, condemn fertile regions to eternal desolation, cut off a country from its sources of provision, or deprive it of those commercial advantages to which its climate, produce, or situation naturally entitle it; the magnitude of the particular evil induces us to call in question the obligation of the general rule. Moral philosophy furnishes no precise solution to these doubts. She cannot pronounce that any rule of morality is so rigid as to bend to no exceptions; nor, on the other hand, can she comprise these exceptions within any previous description. She confesses that the obligation of every law depends upon its ultimate utility;

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that this utility having a finite and determinate value, situations may be feigned, and consequently may possibly arise, in which the general tendency is outweighed by the enormity of the particular mischief : but she recals, at the same time, to the consideration. of the inquirer, the almost inestimable importance, as of other general rules of relative justice, so especially of national and personal fidelity; the unseen, if not unbounded, extent of the mischief which must follow from the want of it; the danger of leaving it to the sufferer to decide upon the comparison of particular and general consequences; and the still greater danger of such decisions being drawn into future precedents. If treaties, for instance, be no longer binding than whilst they are convenient, or until the inconveniency ascend to a certain point, which point must be fixed by the judgment, or rather by the feelings, of the complaining party; or if such an opinion, after being authorized by a few examples, come at length to prevail; one and almost the only method of averting or closing the calamities of war, of either preventing or putting a stop to the destruction of mankind, is lost to the world for ever. not say that no evil can exceed this, nor any possible advantage compensate it; but we say that a loss, which affects all, will scarcely be made up to the common stock of human happiness by any benefit that can be procured to a single nation, which, however respectable when compared with any other single nation, bears an inconsiderable proportion to the whole. These, however, are the principles upon which the calculation is to be formed. It is enough, in this place, to remark the cause which produces the hesitation that we sometimes feel, in applying rules of personal probity to the conduct of nations.

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As between individuals it is found impossible to ascertain every duty by an immediate referencc to public utility, not only because such reference is of tentimes too remote for the direction of private consciences, but because a multitude of cases arise in which it is indifferent to the general interest by what

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rule men act, though it be absolutely necessasy that they act by some constant and known rule or other; and as for these reasons certain positive constitutions are wont to be established in every society, which, when established, become as obligatory as the original principles of natural justice themselves; so, likewise, it is between independent communities. Together with those maxims of universal equity which are common to states and to individuals, and by which the rights and conduct of the one as well as the other ought to be adjusted, when they fall within the scope and application of such maxims; there exists also amongst sovereigns a system of artificial jurisprudence, under the name of the law of nations. In this code are found the rules which determine the right to vacant or newly discovered countries; those which relate to the protection of fugitives, the privileges of ambassadors, the condition and duties of neutrality, the immunities of neutral ships, ports, and coasts, the distance from shore to which these immunities extend, the distinction between free and contraband goods, and a variety of subjects of the same kind. Concerning which examples, and indeed the principal part of what is called the jus gentium, it may be observed, that the rules derive their moral force, by which I mean the regard that ought to be paid to them by the consciences of sovereigns, not from their internal reasonableness or justice, for many of them are perfectly arbitrary; nor yet from the authority by which they were established, for the greater part have grown insensibly into usage, without any public compact, formal acknowledgment, or even known original; but simply from the fact of their being established, and the general duty of conforming to established rules upon questions, and between parties, where nothing but positive regulations can prevent disputes, and where disputes are followed by such destructive consequences. The first of the instances which we have just now enumerated, may be selected for the illustration of this remark. The nations of Europe consider the sovereignty of

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