However, this right, if it exist in a state of nature, is fufpended by the establishment of civil fociety; because thereby other remedies are provided against attacks upon our property, and because it is neceffary to the peace and safety of the community, that the prevention, punishment, and redrefs of injuries be adjusted by public laws. Moreover, as the individual is affifted in the recovery of his right, or of a compenfation for his right by the public ftrength, it is no leis equitable than expedient, that he fhould 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 neceflary for our preservation to kill the affailunt. This is evident in a state of nature; unless it can be fhewn, 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 reftrained

reftrained to cafes, in which no other probable means of preferving our life remain, as flight, calling for affiftance, difarming the adversary, &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 perfon 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 perifh; as in a fhipwreck, where two feize upon a plank, which will fupport only one: although, to fay the truth, these extreme cafes, which happen feldom, and hardly, when they do happen, admit of moral agency, are fcarcely worth mentioning, much lefs difcuffing at length.

The inftance which approaches the nearest to the preservation of life, and which feems to jultify the fame extremities, is the defence of chastity.

In all other cafes, it appears to me the safest to confider the taking away of life as authorized by the law of the land; and the person who takes it away, as in the fituation of a minifter or executioner of the law.

In which view, homicide, in England, is jus

tifiable:

B 3

1. To

1. To prevent the commiffion of a crime, which, when committed, would be punishable with death. Thús it is lawful to fhoot a highwayman, or one attempting to break into a house by night; but not fo if the attempt be made in the day-time which particular distinction, by a confent of legiflation 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 escapes, &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

account.

CHAP.

CHA P. II.

DRUNKENNESS.

DRUN

RUNKENNESS is either actual or habitual; juft 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 defcribed may be applicable to cafual exceffes; and all of it, in a certain degree, forasmuch as every habit is only a repetition of fingle inftances,

The mischief of drunkenness, from which we are to compute the guilt of it, confifts in the following bad effects:

1. It betrays moft conftitutions either to extravagancies of anger, or fins of lewdnefs.

2. It difqualifies men for the duties of their ftation, both by the temporary disorder of their faculties, and at length by a constant incapacity and stupefaction.

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.

To these confequences of drunkenness must be added the peculiar danger and mischief of the example. Drunkenness 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 spreads; of those who are drawn within it, many become the corrupters and centres of fets and circles of their own; every one countenancing, and perhaps emulating, the reft, till a whole neighbourhoodbe infected from the contagion of a fingle example. This account is confirmed by what we often obferve of drunkennefs, that it is a local vice; found to prevail in certain countries, in certain dift icts 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 fpreading quality of drunkennefs, let us connect a remark which belongs to the feveral evil effects above récited. The confequences of a vice, like the fymptoms of a difeafe, though they

be