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; becaufe by the fuppofition, the laws of fociety cannot interpofe to protect us, nor by the nature of the cafe compel reftitution. This liberty is restrained to cases, 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 person 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 muft perish; as in a fhipwreck, where two feize upon a plank, which will fupport only one: although, to lay the truth, thefe extreme cafes, which happen feldom, and hardly, when they do happen, admit of moral agency, are fcarcely worth mentioning, much less debating.

The inftance, which approaches the neareft to the preservation of life, and which feems to justify 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 juftifiable:

1. Tọ

1. To prevent the commiffion of a erime, which, when committed, would be punishable with death. Thus it is lawful to shoot 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 efeapes, &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.

СНА Р. II.

DRUNKENNE S S.

RUNKENNESS is either actual or habitual;

DRUNKENNESS is thing to be dronk,

other to be a drunkard. What we fhall deliver upon the subject, 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 moft 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 fa-1 culties, 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 uneafinefs 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 circle: the circle naturally fpreads; of those who

are

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 single 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 Spreading 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 defcription, feldom all meet in the fame fubject. 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 poifon 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 moralist may expoftulate with him thus: Although the wafte 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, tó lament your abfence from home, or expect your retura to it with terror; other families, in which husbands and fathers have been invited to fhare in your ebriz

ety,

ety, or encouraged to imitate it, may jufily lay their mifery or ruin at your door. This will hold good, whether the perfon feduced, be feduced immediately by you, or the vice be propagated from you to him, through feveral intermediate examples. All these confiderations it is neceffary to affemble, to judge truly of a vice, which ufually meets with milder names, and more indulgence than it deferves.

I omit those outrages upon one another, and upon the peace and fafety of the neighbourhood,” in which drunken revels often end; and alfo thofe deleterious and maniacal effects, which strong liquors produce upon particular conftitutions; becaufe, in general propofitions concerning drunkennels, no confequences fhould be included, but what are constant enough to be generally expected.

Drunkenness is repeatedly forbidden by St. Paul: "Be not drunk with wine, wherein is excefs." "Let us walk honeftly as in the day, not in rioting "and drunkennefs." "Be not deceived neither "fornicators--nor drunkards, nor revilers, nor

extortioners, fhall inherit the kingdom of God." Eph. v. 11. Rom, xiii. 13. 1 Cor. vi. 9, 10. The fame Apostle likewife condemns drunkenuefs, as peculiarly inconfiftent with the Chriftian profeffion ;

They that be drunken, are drunken in the night; "but let us, who are of the day, be fober.' I Theff. v. 7, 8. We are not concerned with the argument; the words amount to a prohibition of drunkenness; and the authority is conclufive.

It is a queftion of fome importance, how far drunkenness is an excufe for the crimes which the drunken perfon commits.

In the folution of this queftion, we will firft fuppofe the drunken perfon to be altogether deprived of moral agency, that is to fay, of all reflection and forefight. In this condition, it is evident that he is no more capable of guilt than a madman; although,