Most of these essays were written with a view of being publish’d as Weekly-Papers, and were intended to comprehend the Designs both of the Spectators and Craftsmen. But having dropt that Undertaking, partly from Laziness, partly from Want of Leisure, and being willing to make a Trial of my Talents for Writing, before I ventur’d upon any more serious Compositions, I was induced to commit these Trifles to the Judgment of the Public. Like most new Authors, I must confess, I feel some Anxiety concerning the Success of my Work: But one Thing makes me more secure, That the Reader may condemn my Abilities, but, I hope, will approve of my Moderation and Impartiality in my Method of handling Political Subjects: And as long as my Moral Character is in Safety, I can, with less Concern, abandon my Learning and Capacity to the most severe Censure and Examination. Public Spirit, methinks, shou’d engage us to love the Public, and to bear an equal Affection to all our Country-Men; not to hate one Half of them, under Colour of loving the Whole. This Party-Rage I have endeavour’d to repress, as far as possible; and I hope this Design will be acceptable to the moderate of both Parties; at the same Time, that, perhaps, it may displease the Bigots of both.
The Reader must not look for any Connexion among these Essays, but must consider each of them as a Work apart. This is an Indulgence that is given to all Essay-Writers; and, perhaps, such a desultory Method of Writing, is an equal Ease both to Author and Reader, by freeing them from any tiresome Stretch of Attention and Application.
Of the Delicacy of Taste and Passion.
Some People are subject to a certain delicacy of passion, which makes them extremely sensible to all the accidents of life, and gives them a lively joy upon every prosperous event, as well as a piercing grief, when they meet with misfor-
tunes and adversity. Favours and good offices easily engage their friendship; while the smallest injury provokes their resentment. Any honour or mark of distinction elevates them above measure; but they are as sensibly touched with contempt. People of this character have, no doubt, more lively enjoyments, as well as more pungent sorrows, than men of cool and sedate tempers: But, I believe, when every thing is balanced, there is no one, who would not rather be of the latter character, were he entirely master of his own disposition. Good or ill fortune is very little at our disposal: And when a person, that has this sensibility of temper, meets with any misfortune, his sorrow or resentment takes entire possession of him, and deprives him of all relish in the common occurrences of life; the right enjoyment of which forms the chief part of our happiness. Great pleasures are much less frequent than great pains; so that a sensible temper must meet with fewer trials in the former way than in the latter. Not to mention, that men of such lively passions are apt to be transported beyond all bounds of prudence and discretion, and to take false steps in the conduct of life, which are often irretrievable.
There is a delicacy of taste observable in some men, which very much resembles this delicacy of passion, and produces the same sensibility to beauty and deformity of every kind, as that does to prosperity and adversity, obligations and injuries. When you present a poem or a picture to a man possessed of this talent, the delicacy of his feeling makes him be sensibly touched with every part of it; nor are the masterly strokes perceived with more exquisite relish and satisfaction, than the negligences or absurdities with disgust and uneasiness. A polite and judicious conversation affords him the highest enter-
tainment; rudeness or impertinence is as great a punishment to him. In short, delicacy of taste has the same effect as delicacy of passion: It enlarges the sphere both of our happiness and misery, and makes us sensible to pains as well as pleasures, which escape the rest of mankind.
I believe, however, every one will agree with me, that, notwithstanding this resemblance, delicacy of taste is as much to be desired and cultivated as delicacy of passion is to be lamented, and to be remedied, if possible. The good or ill accidents of life are very little at our disposal; but we are pretty much masters what books we shall read, what diversions we shall partake of, and what company we shall keep. Philosophers have endeavoured to render happiness entirely independent of every thing external. That degree of perfection is impossible to be attained: But every wise man will endeavour to place his happiness on such objects chiefly as depend upon himself: and that is not to be attained so much by any other means as by this delicacy of sentiment. When a man is possessed of that talent, he is more happy by what pleases his taste, than by what gratifies his appetites, and receives more enjoyment from a poem or a piece of reasoning than the most expensive luxury can afford.
Whatever connexion there may be originally between
these two species of delicacy, I am persuaded, that nothing is so proper to cure us of this delicacy of passion, as the cultivating of that higher and more refined taste, which enables us to judge of the characters of men, of compositions of genius, and of the productions of the nobler arts. A greater or less relish for those obvious beauties, which strike the senses, depends entirely upon the greater or less sensibility of the temper: But with regard to the sciences and liberal arts, a fine taste is, in some measure, the same with strong sense, or at least depends so much upon it, that they are inseparable. In order to judge aright of a composition of genius, there are so many views to be taken in, so many circumstances to be compared, and such a knowledge of human nature requisite, that no man, who is not possessed of the soundest judgment, will ever make a tolerable critic in such performances. And this is a new reason for cultivating a relish in the liberal arts. Our judgment will strengthen by this exercise: We shall form juster notions of life: Many things, which please or afflict others, will appear to us too frivolous to engage our attention: And we shall lose by degrees that sensibility and delicacy of passion, which is so incommodious.
But perhaps I have gone too far in saying, that a cultivated taste for the polite arts extinguishes the passions, and renders us indifferent to those objects, which are so fondly pursued by the rest of mankind. On farther reflection, I find, that it rather improves our sensibility for all the tender and agreeable passions; at the same time that it renders the mind incapable of the rougher and more boisterous emotions.
Ingenuas didicisse fideliter artes,
Emollit mores, nec sinit esse feros.
For this, I think there may be assigned two very natural reasons. In the first place, nothing is so improving to the
temper as the study of the beauties, either of poetry, eloquence, music, or painting. They give a certain elegance of sentiment to which the rest of mankind are strangers. The emotions which they excite are soft and tender. They draw off the mind from the hurry of business and interest; cherish reflection; dispose to tranquillity; and produce an agreeable melancholy, which, of all dispositions of the mind, is the best suited to love and friendship.
In the second place, a delicacy of taste is favourable to love and friendship, by confining our choice to few people, and making us indifferent to the company and conversation of the greater part of men. You will seldom find, that mere men of the world, whatever strong sense they may be endowed with, are very nice in distinguishing characters, or in marking those insensible differences and gradations, which make one man preferable to another. Any one, that has competent sense, is sufficient for their entertainment: They talk to him, of their pleasure and affairs, with the same frankness that they would to another; and finding many, who are fit to supply his place, they never feel any vacancy or want in his absence. But to make use of the allusion of a celebrated French01† author, the judgment may be compared to a clock or watch, where the most ordinary machine is sufficient to tell the hours; but the most elaborate alone can point out the minutes and seconds, and distinguish the smallest differences of time. One that has well digested his knowledge both of books and men, has little enjoyment but in the company of a few select companions. He feels too sensibly, how much all the rest of mankind fall short of the notions which he has entertained. And, his affections
being thus confined within a narrow circle, no wonder he carries them further, than if they were more general and undistinguished. The gaiety and frolic of a bottle companion improves with him into a solid friendship: And the ardours of a youthful appetite become an elegant passion.
Of the Liberty of the Press.
Nothing is more apt to surprize a foreigner, than the extreme liberty, which we enjoy in this country, of communicating whatever we please to the public, and of openly censuring every measure, entered into by the king or his ministers. If the administration resolve upon war, it is affirmed, that, either wilfully or ignorantly, they mistake the interests of the nation, and that peace, in the present situation of affairs, is infinitely preferable. If the passion of the ministers lie towards peace, our political writers breathe nothing but war and devastation, and represent the pacific conduct of the government as mean and pusillanimous. As this liberty is not indulged in any other government, either republican or monarchical; in Holland and Venice, more than in France
or Spain; it may very naturally give occasion to a question, How it happens that Great Britain alone enjoys this peculiar privilege?
The reason, why the laws indulge us in such a liberty seems to be derived from our mixed form of government, which is neither wholly monarchical, nor wholly republican. It will be found, if I mistake not, a true observation in politics, that the two extremes in government, liberty and slavery, commonly approach nearest to each other; and that, as you depart from the extremes, and mix a little of monarchy with liberty, the government becomes always the more free; and on the other hand, when you mix a little of liberty with monarchy, the yoke becomes always the more grievous and intolerable. In a government, such as that of France, which is absolute, and where law, custom, and religion concur, all of them, to make the people fully satisfied with their condition, the monarch cannot entertain any jealousy against his subjects, and therefore is apt to indulge them in great liberties both of speech and action. In a government altogether republican, such as that of Holland, where there is no magistrate so eminent as to give jealousy to the state, there is no danger in intrusting the magistrates with large discretionary powers; and though many advantages result from such powers, in preserving peace and order, yet they lay a considerable restraint on men’s actions, and make every private citizen pay a great respect to the government. Thus it seems evident, that the
two extremes of absolute monarchy and of a republic, approach near to each other in some material circumstances. In the first, the magistrate has no jealousy of the people: in the second, the people have none of the magistrate: Which want of jealousy begets a mutual confidence and trust in both cases, and produces a species of liberty in monarchies, and of arbitrary power in republics.
To justify the other part of the foregoing observation, that, in every government, the means are most wide of each other, and that the mixtures of monarchy and liberty render the yoke either more easy or more grievous; I must take notice of a remark in Tacitus with regard to the Romans under the emperors, that they neither could bear total slavery nor total liberty, Nec totam servitutem, nec totam libertatem pati possunt. This remark a celebrated poet has translated and applied to the English, in his lively description of queen Elizabeth’s policy and government,
Et fit aimer son joug a l’Anglois indompté,
Qui ne peut ni servir, ni vivre en liberté,
Henriade, liv. I.
According to these remarks, we are to consider the Roman government under the emperors as a mixture of despotism and liberty, where the despotism prevailed; and the English government as a mixture of the same kind, where the liberty
predominates. The consequences are conformable to the foregoing observation; and such as may be expected from those mixed forms of government, which beget a mutual watchfulness and jealousy. The Roman emperors were, many of them, the most frightful tyrants that ever disgraced human nature; and it is evident, that their cruelty was chiefly excited by their jealousy, and by their observing that all the great men of Rome bore with impatience the dominion of a family, which, but a little before, was no wise superior to their own. On the other hand, as the republican part of the government prevails in England, though with a great mixture of monarchy, it is obliged, for its own preservation, to maintain a watchful jealousy over the magistrates, to remove all discretionary powers, and to secure every one’s life and fortune by general and inflexible laws. No action must be deemed a crime but what the law has plainly determined to be such: No crime must be imputed to a man but from a legal proof before his judges; and even these judges must be his fellow-subjects, who are obliged, by their own interest, to have a watchful eye over the encroachments and violence of the ministers. From these causes it proceeds, that there is as much liberty, and even, perhaps, licentiousness in Great Britain, as there were formerly slavery and tyranny in Rome.
These principles account for the great liberty of the press in these kingdoms, beyond what is indulged in any other government. It is apprehended, that arbitrary power would steal in upon us, were we not careful to prevent its progress, and were there not an easy method of conveying the alarm from one end of the kingdom to the other. The spirit of the people must frequently be rouzed, in order to curb the ambition of the court; and the dread of rouzing this spirit must be employed to prevent that ambition. Nothing so effectual to this purpose as the liberty of the press, by which all the learning, wit, and genius of the nation may be employed on the side of freedom, and every one be animated to its defence. As long, therefore, as the republican part of our government can maintain itself against the monarchical, it will natu-
rally be careful to keep the press open, as of importance to its own preservation.
It must however be allowed, that the unbounded liberty of the press, though it be difficult, perhaps impossible, to propose a suitable remedy for it, is one of the evils, attending those mixt forms of government.
Of Impudence and Modesty.
I am of opinion, That the common complaints against Providence are ill-grounded, and that the good or bad qualities of men are the causes of their good or bad fortune, more than what is generally imagined. There are, no doubt, instances to the contrary, and these too pretty numerous; but few, in comparison of the instances we have of a right distribution of prosperity and adversity: nor indeed could it be otherwise from the common course of human affairs. To be endowed
with a benevolent disposition, and to love others, will almost infallibly procure love and esteem; which is the chief circumstance in life, and facilitates every enterprize and undertaking; besides the satisfaction, which immediately results from it. The case is much the same with the other virtues. Prosperity is naturally, though not necessarily, attached to virtue and merit; and adversity, in like manner, to vice and folly.
I must, however, confess, that this rule admits of an exception, with regard to one moral quality; and that modesty has a natural tendency to conceal a man’s talents, as impudence displays them to the utmost, and has been the only cause why many have risen in the world, under all the disadvantages of low birth and little merit. Such indolence and incapacity is there in the generality of mankind, that they are apt to receive a man for whatever he has a mind to put himself off for; and admit his overbearing airs as proofs of that merit which he assumes to himself. A decent assurance seems to be the natural attendant of virtue; and few men can distinguish impudence from it: As, on the other hand, diffidence, being the natural result of vice and folly, has drawn disgrace upon modesty, which in outward appearance so nearly resembles it.
As impudence, though really a vice, has the same effects upon a man’s fortune, as if it were a virtue; so we may observe, that it is almost as difficult to be attained, and is, in that respect, distinguished from all the other vices, which are acquired with little pains, and continually encrease upon indulgence. Many a man, being sensible that modesty is extremely prejudicial to him in making his fortune, has resolved to be impudent, and to put a bold face upon the matter: But, it is observable, that such people have seldom succeeded in the attempt, but have been obliged to relapse into their primitive modesty. Nothing carries a man through the world like a true genuine natural impudence. Its counterfeit is good for nothing, nor can ever support itself. In any other attempt, whatever faults a man commits and is sensible of, he is so much the nearer his end. But when he endeavours at im-
pudence, if he ever failed in the attempt, the remembrance of that failure will make him blush, and will infallibly disconcert him: After which every blush is a cause for new blushes, till he be found out to be an arrant cheat, and a vain pretender to impudence.
If any thing can give a modest man more assurance, it must be some advantages of fortune, which chance procures to him. Riches naturally gain a man a favourable reception in the world, and give merit a double lustre, when a person is endowed with it; and supply its place, in a great measure, when it is absent. It is wonderful to observe what airs of superiority fools and knaves, with large possessions, give themselves above men of the greatest merit in poverty. Nor do the men of merit make any strong opposition to these usurpations; or rather seem to favour them by the modesty of their behaviour. Their good sense and experience make them diffident of their judgment, and cause them to examine every thing with the greatest accuracy: As, on the other hand, the delicacy of their sentiments makes them timorous lest they commit faults, and lose in the practice of the world that integrity of virtue, so to speak, of which they are so jealous. To make wisdom agree with confidence, is as difficult as to reconcile vice and modesty.
These are the reflections which have occurred upon this subject of impudence and modesty; and I hope the reader will not be displeased to see them wrought into the following allegory,
Jupiter, in the beginning, joined Virtue, Wisdom, and Confidence together; and Vice, Folly, and Diffidence: And thus connected, sent them into the world. But though he thought he had matched them with great judgment, and said that Confidence was the natural companion of Virtue, and that Vice deserved to be attended with Diffidence, they had not gone far before dissension arose among them. Wisdom, who was the guide of the one company, was always accustomed before she ventured upon any road, however beaten, to examine it carefully; to enquire whither it led; what dangers, diffi-
culties and hindrances might possibly or probably occur in it. In these deliberations she usually consumed some time; which delay was very displeasing to Confidence, who was always inclined to hurry on, without much forethought or deliberation, in the first road he met. Wisdom and Virtue were inseparable: But Confidence one day, following his impetuous nature, advanced a considerable way before his guides and companions; and not feeling any want of their company, he never enquired after them, nor ever met with them more. In like manner, the other society, though joined by Jupiter, disagreed and separated. As Folly saw very little way before her, she had nothing to determine concerning the goodness of roads, nor could give the preference to one above another; and this want of resolution was encreased by Diffidence, who, with her doubts and scruples, always retarded the journey. This was a great annoyance to Vice, who loved not to hear of difficulties and delays, and was never satisfied without his full career, in whatever his inclinations led him to. Folly, he knew, though she harkened to Diffidence, would be easily managed when alone; and therefore, as a vicious horse throws his rider, he openly beat away this controller of all his pleasures, and proceeded in his journey with Folly, from whom he is inseparable. Confidence and Diffidence being, after this manner, both thrown loose from their respective companies, wandered for some time; till at last chance led them at the same time to one village. Confidence went directly up to the great house, which belonged to Wealth, the lord of the village; and without staying for a porter, intruded himself immediately into the innermost apartments, where he found Vice and Folly well received before him. He joined the train; recommended himself very quickly to his landlord; and entered into such familiarity with Vice, that he was enlisted in the same company with Folly. They were frequent guests of Wealth, and from that moment inseparable. Diffidence, in the mean time, not daring to approach the great house, accepted of an invitation from Poverty, one of the tenants; and entering the cottage, found Wisdom and Virtue, who being repulsed by the land-
lord, had retired thither. Virtue took compassion of her, and Wisdom found, from her temper, that she would easily improve: So they admitted her into their society. Accordingly, by their means, she altered in a little time somewhat of her manner, and becoming much more amiable and engaging, was now known by the name of Modesty. As ill company has a greater effect than good, Confidence, though more refractory to counsel and example, degenerated so far by the society of Vice and Folly, as to pass by the name of Impudence. Mankind, who saw these societies as Jupiter first joined them, and know nothing of these mutual desertions, are thereby led into strange mistakes; and wherever they see Impudence, make account of finding Virtue and Wisdom, and wherever they observe Modesty, call her attendants Vice and Folly.
That Politics may be reduced to a Science.
It is a question with several, whether there be any essential difference between one form of government and another? and, whether every form may not become good or bad, according as it is well or ill administered01†? Were it once admitted, that all governments are alike, and that the only difference consists in the character and conduct of the governors, most political disputes would be at an end, and all Zeal for one
constitution above another, must be esteemed mere bigotry and folly. But, though a friend to moderation, I cannot forbear condemning this sentiment, and should be sorry to think, that human affairs admit of no greater stability, than what they receive from the casual humours and characters of particular men.
It is true; those who maintain, that the goodness of all government consists in the goodness of the administration, may cite many particular instances in history, where the very same government, in different hands, has varied suddenly into the two opposite extremes of good and bad. Compare the French government under Henry III. and under Henry IV. Oppression, levity, artifice on the part of the rulers; faction, sedition, treachery, rebellion, disloyalty on the part of the subjects: These compose the character of the former miserable æaera. But when the patriot and heroic prince, who succeeded, was once firmly seated on the throne, the government, the people, every thing seemed to be totally changed; and all from the difference of the temper and conduct of these two sovereigns. Instances of this kind may be multiplied, almost without number, from ancient as well as modern history, foreign as well as domestic.
But here it may be proper to make a distinction. All absolute governments must very much depend on the administration; and this is one of the great inconveniences attending that form of government. But a republican and free government would be an obvious absurdity, if the particular checks and controuls, provided by the constitution, had really no
influence, and made it not the interest, even of bad men, to act for the public good. Such is the intention of these forms of government, and such is their real effect, where they are wisely constituted: As on the other hand, they are the source of all disorder, and of the blackest crimes, where either skill or honesty has been wanting in their original frame and institution.
So great is the force of laws, and of particular forms of government, and so little dependence have they on the humours and tempers of men, that consequences almost as general and certain may sometimes be deduced from them, as any which the mathematical sciences afford us.
The constitution of the Roman republic gave the whole legislative power to the people, without allowing a negative voice either to the nobility or consuls. This unbounded power they possessed in a collective, not in a representative body. The consequences were: When the people, by success and conquest, had become very numerous, and had spread themselves to a great distance from the capital, the city-tribes, though the most contemptible, carried almost every vote: They were, therefore, most cajoled by every one that affected popularity: They were supported in idleness by the general distribution of corn, and by particular bribes, which they received from almost every candidate: By this means, they became every day more licentious, and the Campus Martius was a perpetual scene of tumult and sedition: Armed slaves were introduced among these rascally citizens; so that the whole government fell into anarchy, and the greatest happiness, which the Romans could look for, was the despotic power of the Cæaesars. Such are the effects of democracy without a representative.
It is possible so to constitute a free government, as that a single person, call him doge, prince, or king, shall possess a
large share of power, and shall form a proper balance or counterpoise to the other parts of the legislature. This chief magistrate may be either elective or hereditary; and though the former institution may, to a superficial view, appear the most advantageous; yet a more accurate inspection will discover in it greater inconveniencies than in the latter, and such as are founded on causes and principles eternal and immutable. The filling of the throne, in such a government, is a point of too great and too general interest, not to divide the whole people into factions: Whence a civil war, the greatest of ills, may be apprehended, almost with certainty, upon every vacancy. The prince elected must be either a Foreigner or a Native: The former will be ignorant of the people whom he is to govern; suspicious of his new subjects, and suspected by them; giving his confidence entirely to strangers, who will have no other care but of enriching themselves in the quickest manner, while their master’s favour and authority are able to support them. A native will carry into the throne all his private animosities and friendships, and will never be viewed in his elevation, without exciting the sentiment of envy in those, who formerly considered him as their equal. Not to mention that a crown is too high a reward ever to be given to merit alone, and will always induce the candidates to employ force, or money, or intrigue, to procure the votes of the electors: So that such an election will give no better chance for superior merit in the prince, than if the state had trusted to birth alone for determining their sovereign.
It may therefore be pronounced as an universal axiom in politics, That an hereditary prince, a nobility without vassals, and a people voting by their representatives, form the best Momarchy, Aristocracy, and Democracy. But in order to prove more fully, that politics admit of general truths, which are invariable by the humour or education either of subject or sovereign, it may not be amiss to observe some other principles of this science, which may seem to deserve that character.
It may easily be observed, that, though free governments have been commonly the most happy for those who partake of their freedom; yet are they the most ruinous and oppressive to
their provinces: And this observation may, I believe, be fixed as a maxim of the kind we are here speaking of. When a monarch extends his dominions by conquest, he soon learns to consider his old and his new subjects as on the same footing; because, in reality, all his subjects are to him the same, except the few friends and favourites, with whom he is personally acquainted. He does not, therefore, make any distinction between them in his general laws; and, at the same time, is careful to prevent all particular acts of oppression on the one as well as on the other. But a free state necessarily makes a great distinction, and must always do so, till men learn to love their neighbours as well as themselves. The conquerors, in such a government, are all legislators, and will be sure to contrive matters, by restrictions on trade, and by taxes, so as to draw some private, as well as public, advantage from their conquests. Provincial governors have also a better chance, in a republic, to escape with their plunder, by means of bribery or intrigue; and their fellow-citizens, who find their own state to be enriched by the spoils of the subject provinces, will be the more inclined to tolerate such abuses. Not to mention, that it is a necessary precaution in a free state to change the governors frequently; which obliges these temporary tyrants to be more expeditious and rapacious, that they may accumulate sufficient wealth before they give place to their successors. What cruel tyrants were the Romans over the world during the time of their commonwealth! It is true, they had laws to prevent oppression in their provincial magistrates; but Cicero informs us, that the Romans could not better consult the interests of the provinces than by repealing these very laws. For, in that case, says he, our magistrates, having entire impunity, would plunder no more than would satisfy their own rapaciousness; whereas, at present, they must also satisfy that of their judges, and of all the great men in Rome, of whose protection they stand in need. Who can read of the cruelties and oppressions of Verres without horror and astonishment?
And who is not touched with indignation to hear, that, after Cicero had exhausted on that abandoned criminal all the thunders of his eloquence, and had prevailed so far as to get him condemned to the utmost extent of the laws; yet that cruel tyrant lived peaceably to old age, in opulence and ease, and, thirty years afterwards, was put into the proscription by Mark Anthony, on account of his exorbitant wealth, where he fell with Cicero himself, and all the most virtuous men of Rome? After the dissolution of the commonwealth, the Roman yoke became easier upon the provinces, as Tacitus informs us02*; and it may be observed, that many of the worst emperors, Domitian03†, for instance, were careful to prevent all oppression on the provinces. In04‡Tiberius’s time, Gaul was esteemed richer than Italy itself: Nor, do I find, during the whole time of the Roman monarchy, that the empire became less rich or populous in any of its provinces; though indeed its valour and military discipline were always upon the
decline. The oppression and tyranny of the Carthaginians over their subject states in Africa went so far, as we learn from Polybius05ǁ, that, not content with exacting the half of all the produce of the land, which of itself was a very high rent, they also loaded them with many other taxes. If we pass from ancient to modern times, we shall still find the observation to hold. The provinces of absolute monarchies are always better treated than those of free states. Compare the Païs conquis of France with Ireland, and you will be convinced of this truth; though this latter kingdom, being, in a good measure, peopled from England, possesses so many rights and privileges as should naturally make it challenge better treatment than that of a conquered province. Corsica is also an obvious instance to the same purpose.
There is an observation in Machiavel, with regard to the conquests of Alexander the Great, which I think, may be regarded as one of those eternal political truths, which no time nor accidents can vary. It may seem strange, says that politician, that such sudden conquests, as those of Alexander, should be possessed so peaceably by his successors, and that the Persians, during all the confusions and civil wars among the Greeks, never made the smallest effort towards the recovery of their former independent government. To satisfy us concerning the cause of this remarkable event, we may
consider, that a monarch may govern his subjects in two different ways. He may either follow the maxims of the eastern princes, and stretch his authority so far as to leave no distinction of rank among his subjects, but what proceeds immediately from himself; no advantages of birth; no hereditary honours and possessions; and, in a word, no credit among the people, except from his commission alone. Or a monarch may exert his power after a milder manner, like other European princes; and leave other sources of honour, beside his smile and favour: Birth, titles, possessions, valour, integrity, knowledge, or great and fortunate atchievements. In the former species of government, after a conquest, it is impossible ever to shake off the yoke; since no one possesses, among the people, so much personal credit and authority as to begin such an enterprize: Whereas, in the latter, the least misfortune, or discord among the victors, will encourage the vanquished to take arms, who have leaders ready to prompt and conduct them in every undertaking06†.
Such is the reasoning of Machiavel, which seems solid and conclusive; though I wish he had not mixed falsehood with truth, in asserting, that monarchies, governed according to eastern policy, though more easily kept when once subdued, yet are the most difficult to subdue; since they cannot contain any powerful subject, whose discontent and faction may facilitate the enterprizes of an enemy. For besides, that such a tyrannical government enervates the courage of men, and renders them indifferent towards the fortunes of their sovereign; besides this, I say, we find by experience, that even the temporary and delegated authority of the generals and
magistrates; being always, in such governments, as absolute within its sphere, as that of the prince himself; is able, with barbarians, accustomed to a blind submission, to produce the most dangerous and fatal revolutions. So that, in every respect, a gentle government is preferable, and gives the greatest security to the sovereign as well as to the subject.
Legislators, therefore, ought not to trust the future government of a state entirely to chance, but ought to provide a system of laws to regulate the administration of public affairs to the latest posterity. Effects will always correspond to causes; and wise regulations in any commonwealth are the most valuable legacy that can be left to future ages. In the smallest court or office, the stated forms and methods, by which business must be conducted, are found to be a considerable check on the natural depravity of mankind. Why should not the case be the same in public affairs? Can we ascribe the stability and wisdom of the Venetian government, through so many ages, to any thing but the form of government? And is it not easy to point out those defects in the original constitution, which produced the tumultuous governments of Athens and Rome, and ended at last in the ruin of these two famous republics? And so little dependance has this affair on the humours and education of particular men, that one part of the same republic may be wisely conducted, and another weakly, by the very same men, merely on account of the difference of the forms and institutions, by which these parts are regulated. Historians inform us that this was actually the case with Genoa. For while the state was always full of sedition, and tumult, and disorder, the bank of St. George, which had become a considerable part of the people, was conducted, for several ages, with the utmost integrity and wisdom07*.
The ages of greatest public spirit are not always most eminent for private virtue. Good laws may beget order and moderation in the government, where the manners and customs have instilled little humanity or justice into the tempers of men. The most illustrious period of the Roman history, considered in a political view, is that between the beginning of the first and end of the last Punic war; the due balance between the nobility and the people being then fixed by the contests of the tribunes, and not being yet lost by the extent of conquests. Yet at this very time, the horrid practice of poisoning was so common, that, during part of a season, a Præaetor punished capitally for this crime above three thousand08† persons in a part of Italy; and found informations of this nature still multiplying upon him. There is a similar, or rather
a worse instance09‡, in the more early times of the commonwealth. So depraved in private life were that people, whom in their histories we so much admire. I doubt not but they were really more virtuous during the time of the two Triumvirates; when they were tearing their common country to pieces, and spreading slaughter and desolation over the face of the earth, merely for the choice of tyrants010*.
Here, then, is a sufficient inducement to maintain, with the utmost Zeal, in every free state, those forms and institutions, by which liberty is secured, the public good consulted, and the avarice or ambition of particular men restrained and punished. Nothing does more honour to human nature, than to see it susceptible of so noble a passion; as nothing can be a greater indication of meanness of heart in any man, than to see him destitute of it. A man who loves only himself, without regard to friendship and desert, merits the severest blame;
and a man, who is only susceptible of friendship, without public spirit, or a regard to the community, is deficient in the most material part of virtue.
But this is a subject which needs not be longer insisted on at present. There are enow of zealots on both sides who kindle up the passions of their partizans, and under pretence of public good, pursue the interests and ends of their particular faction. For my part, I shall always be more fond of promoting moderation than zeal; though perhaps the surest way of producing moderation in every party is to increase our zeal for the public. Let us therefore try, if it be possible, from the foregoing doctrine, to draw a lesson of moderation with regard to the parties, into which our country is at presentg divided; at the same time, that we allow not this moderation to abate the industry and passion, with which every individual is bound to pursue the good of his country.
Those who either attack or defend a minister in such a government as ours, where the utmost liberty is allowed, always carry matters to an extreme, and exaggerate his merit or demerit with regard to the public. His enemies are sure to charge him with the greatest enormities, both in domestic and
foreign management; and there is no meanness or crime, of which, in their account, he is not capable. Unnecessary wars, scandalous treaties, profusion of public treasure, oppressive taxes, every kind of mal-administration is ascribed to him. To aggravate the charge, his pernicious conduct, it is said, will extend its baleful influence even to posterity, by undermining the best constitution in the world, and disordering that wise system of laws, institutions, and customs, by which our ancestors, during so many centuries, have been so happily governed. He is not only a wicked minister in himself, but has removed every security provided against wicked ministers for the future.
On the other hand, the partizans of the minister make his panegyric run as high as the accusation against him, and celebrate his wise, steady, and moderate conduct in every part of his administration. The honour and interest of the nation supported abroad, public credit maintained at home, persecution restrained, faction subdued; the merit of all these blessings is ascribed solely to the minister. At the same time, he crowns all his other merits by a religious care of the best constitution in the world, which he has preserved in all its parts, and has transmitted entire, to be the happiness and security of the latest posterity.
When this accusation and panegyric are received by the partizans of each party, no wonder they beget an extraordinary ferment on both sides, and fill the nation with violent animosities. But I would fain persuade these party-zealots, that there is a flat contradiction both in the accusation and panegyric, and that it were impossible for either of them to run so high, were it not for this contradiction. If our constitution be really that noble fabric, the pride of Britain, the envy of our neighbours, raised by the labour of so many centuries, repaired at the expence of so many millions, and cemented by such a profusion of blood011*; I say, if our constitution does in any degree deserve
these eulogies, it would never have suffered a wicked and weak minister to govern triumphantly for a course of twenty years, when opposed by the greatest geniuses in the nation, who exercised the utmost liberty of tongue and pen, in parliament, and in their frequent appeals to the people. But, if the minister be wicked and weak, to the degree so strenuously insisted on, the constitution must be faulty in its original principles, and he cannot consistently be charged with undermining the best form of government in the world. A constitution is only so far good, as it provides a remedy against mal-administration; and if the British, when in its greatest vigour, and repaired by two such remarkable events, as the Revolution and Accession, by which our ancient royal family was sacrificed to it; if our constitution, I say, with so great advan-
tages, does not, in fact, provide any such remedy, we are rather beholden to any minister who undermines it, and affords us an opportunity of erecting a better in its place.
I would employ the same topics to moderate the zeal of those who defend the minister. Is our constitution so excellent? Then a change of ministry can be no such dreadful event; since it is essential to such a constitution, in every ministry, both to preserve itself from violation, and to prevent all enormities in the administration. Is our constitution very bad? Then so extraordinary a jealousy and apprehension, on account of changes, is ill placed; and a man should no more be anxious in this case, than a husband, who had married a woman from the stews, should be watchful to prevent her infidelity. Public affairs, in such a government, must necessarily go to confusion, by whatever hands they are conducted; and the zeal of patriots is in that case much less requisite than the patience and submission of philosophers. The virtue and good intentions of Cato and Brutus are highly laudable; but, to what purpose did their zeal serve? Only to hasten the fatal period of the Roman government, and render its convulsions and dying agonies more violent and painful.
I would not be understood to mean, that public affairs deserve no care and attention at all. Would men be moderate and consistent, their claims might be admitted; at least might be examined. The country-party might still assert, that our constitution, though excellent, will admit of mal-administration to a certain degree; and therefore, if the minister be bad, it is proper to oppose him with a suitable degree of zeal. And, on the other hand, the court-party may be allowed, upon the
supposition that the minister were good, to defend, and with some zeal too, his administration. I would only persuade men not to contend, as if they were fighting pro aris & focis, and change a good constitution into a bad one, by the violence of their factions.
I have not here considered any thing that is personal in the present controversy. In the best civil constitution, where every man is restrained by the most rigid laws, it is easy to discover either the good or bad intentions of a minister, and to judge, whether his personal character deserve love or hatred. But such questions are of little importance to the public, and lay those, who employ their pens upon them, under a just suspicion either of malevolence or of flattery.
NOTE [A], p. 20. [Mil 22.]
I have taken it for granted, according to the supposition of Machiavel, that the ancient Persians had no nobility; though there is reason to suspect, that the Florentine secretary, who seems to have been better acquainted with the Roman than the Greek authors, was mistaken in this particular. The more ancient Persians, whose manners are described by Xenophon, were a free people, and had nobility. Their ομοτιμοι were preserved even after the extending of their conquests and the consequent change of their government. Arrian mentions them in Darius’s time, De exped.Alex. lib. ii. Historians also speak often of the persons in command as men of family. Tygranes, who was general of the Medes under Xerxes, was of the race of Achmæaenes, Herod. lib. vii. cap. 62. Artachæaeas, who directed the cutting of the canal about mount Athos, was of the same family. Id. cap. 117. Megabyzus was one of the seven eminent Persians who conspired against the Magi. His son, Zopyrus, was in the highest command under Darius, and delivered Babylon to him. His grandson, Megabyzus, commanded the army, defeated at Marathon. His great-grandson, Zopyrus, was also eminent, and was banished fromPersia. Herod. lib. iii. Thuc. lib. i. [Mil 23]Rosaces, who commanded an army in Egypt under Artaxerxes, was also descended from one of the seven conspirators, Diod. Sic. lib. xvi. Agesilaus, in Xenophon, Hist. Græaec. lib. iv. being desirous of making a marriage betwixt king Cotys his ally, and the daughter of Spithridates, a Persian of rank, who had deserted to him, first asks Cotys what family Spithridates is of. One of the most considerable in Persia, says Cotys. Ariæaeus, when offered the sovereignty by Clearchus and the ten thousand Greeks, refused it as of too low a rank, and said, that so many eminent Persians would never endure his rule. Id. de exped. lib. ii. Some of the families descended from the seven Persians abovementioned remained during all Alexander’s successors; and Mithirdates, in Antiochus’s time, is said by Polybius to be descended from one of them, lib. v. cap. 43. Artabazus was esteemed, as Arrian says, εν τοις πρωτοις Περσων lib. iii. And when Alexander married in one day 80 of his captains to Persian women, his intention plainly was to ally the Macedonians with the most eminent Persian families. Id. lib. vii. Diodorus Siculus says they were of the most noble birth in Persia, lib. xvii. The government of Persia was despotic, and conducted in many respects, after the eastern manner, but was not carried so far as to extirpate all nobility, and confound all ranks and orders. It left men who were still great, by themselves and their family, independent of their office and commission. And the reason why the Macedonians kept so easily dominion over them was owing to other causes easy to be found in the historians; though it must be owned that Machiavel’s reasoning is, in itself, just, however doubtful its application to the present case.
Of the First Principles of Government.
Nothing appears more surprizing to those, who consider human affairs with a philosophical eye, than the easiness with which the many are governed by the few; and the implicit submission, with which men resign their own sentiments and passions to those of their rulers. When we enquire by what means this wonder is effected, we shall find, that, as Force is always on the side of the governed, the governors have nothing to support them but opinion. It is therefore, on opinion only that government is founded; and this maxim extends to the most despotic and most military governments, as well as to the most free and most popular. The soldan of Egypt, or the emperor of Rome, might drive his harmless subjects, like brute beasts, against their sentiments and inclination: But
he must, at least, have led his mamalukes, or præaetorian bands, like men, by their opinion.
Opinion is of two kinds, to wit, opinion of interest, and opinion of right. By opinion of interest, I chiefly understand the sense of the general advantage which is reaped from government; together with the persuasion, that the particular government, which is established, is equally advantageous with any other that could easily be settled. When this opinion prevails among the generality of a state, or among those who have the force in their hands, it gives great security to any government.
Right is of two kinds, right to Power and right to Property. What prevalence opinion of the first kind has over mankind, may easily be understood, by observing the attachment which all nations have to their ancient government, and even to those names, which have had the sanction of antiquity. Antiquity always begets the opinion of right; and whatever disadvantageous sentiments we may entertain of mankind, they are always found to be prodigal both of blood and treasure in the maintenance of public justice. There is, indeed, no particular, in which, at first sight, there may appear a greater contradiction in the frame of the human mind than the present. When men act in a faction, they are apt, without shame or remorse, to neglect all the ties of honour and morality, in order to serve their party; and yet, when a faction is formed upon a point of right or principle, there is no occasion, where men discover a greater obstinacy, and a more determined sense of justice and equity. The same social disposition of mankind is the cause of these contradictory appearances.
It is sufficiently understood, that the opinion of right to property is of moment in all matters of government. A noted author has made property the foundation of all government;
and most of our political writers seem inclined to follow him in that particular. This is carrying the matter too far; but still it must be owned, that the opinion of right to property has a great influence in this subject.
Upon these three opinions, therefore, of public interest, of right to power, and of right to property, are all governments founded, and all authority of the few over the many. There are indeed other principles, which add force to these, and determine, limit, or alter their operation; such as self-interest, fear, and affection: But still we may assert, that these other principles can have no influence alone, but suppose the antecedent influence of those opinions above-mentioned. They are, therefore, to be esteemed the secondary, not the original principles of government.
For, first, as to self-interest, by which I mean the expectation of particular rewards, distinct from the general protection which we receive from government, it is evident that the magistrate’s authority must be antecedently established, at least be hoped for, in order to produce this expectation. The prospect of reward may augment his authority with regard to some particular persons; but can never give birth to it, with regard to the public. Men naturally look for the greatest favours from their friends and acquaintance; and therefore, the hopes of any considerable number of the state would never center in any particular set of men, if these men had no other title to magistracy, and had no separate influence over the opinions of mankind. The same observation may be extended to the other two principles of fear and affection. No man would have any reason to fear the fury of a tyrant, if he had no authority over any but from fear; since, as a single man, his bodily force can reach but a small way, and all the farther power he possesses must be founded either on our own opinion, or on the presumed opinion of others. And though affection to wisdom and virtue in a sovereign extends very far, and has great influence; yet he must antecedently be supposed invested with a public character, otherwise the public esteem will serve him in no stead, nor will his virtue have any influence beyond a narrow sphere.
A Government may endure for several ages, though the balance of power, and the balance of property do not coincide. This chiefly happens, where any rank or order of the state has acquired a large share in the property; but from the original constitution of the government, has no share in the power. Under what pretence would any individual of that order assume authority in public affairs? As men are commonly much attached to their ancient government, it is not to be expected, that the public would ever favour such usurpations. But where the original constitution allows any share of power, though small, to an order of men, who possess a large share of the property, it is easy for them gradually to stretch their authority, and bring the balance of power to coincide with that of property. This has been the case with the house of commons in England.
Most writers, that have treated of the British government, have supposed, that, as the lower house represents all the commons of Great Britain, its weight in the scale is proportioned to the property and power of all whom it represents. But this principle must not be received as absolutely true. For though the people are apt to attach themselves more to the house of commons, than to any other member of the constitution; that house being chosen by them as their representatives, and as the public guardians of their liberty; yet are there instances where the house, even when in opposition to the crown, has not been followed by the people; as we may particularly observe of the tory house of commons in the reign of king William. Were the members obliged to receive instructions from their constituents, like the Dutch deputies,
this would entirely alter the case; and if such immense power and riches, as those of all the commons of Great Britain, were brought into the scale, it is not easy to conceive, that the crown could either influence that multitude of people, or withstand that overbalance of property. It is true, the crown has great influence over the collective body in the elections of members; but were this influence, which at present is only exerted once in seven years, to be employed in bringing over the people to every vote, it would soon be wasted; and no skill, popularity, or revenue, could support it. I must, therefore, be of opinion, that an alteration in this particular would introduce a total alteration in our government, and would soon reduce it to a pure republic; and, perhaps, to a republic of no inconvenient form. For though the people, collected in a body like the Roman tribes, be quite unfit for government, yet when dispersed in small bodies, they are more susceptible both of reason and order; the force of popular currents and tides is, in a great measure, broken; and the public interest may be pursued with some method and constancy. But it is needless to reason any farther concerning a form of government, which is never likely to have place in Great Britains, and which seems not to be the aim of any party amongst us. Let us cherish and improve our ancient government as much as possible, without encouraging a passion for such dangerous novelties.
Of Love and Marriage.
I know not whence it proceeds, that women are so apt to take amiss every thing which is said in disparagement of the married state; and always consider a satyr upon matrimony as a satyr upon themselves. Do they mean, that they are the parties principally concerned, and that if a backwardness to enter into that state should prevail in the world, they would be the greatest sufferers? Or, are they sensible, that the misfortunes and miscarriages of the married state are owing more to their sex than to ours? I hope they do not intend to confess
either of these two particulars, or to give such an advantage to their adversaries, the men, as even to allow them to suspect it.
I have often had thoughts of complying with this humour of the fair sex, and of writing a panegyric upon marriage: But, in looking around for materials, they seemed to be of so mixed a nature, that at the conclusion of my reflections, I found that I was as much disposed to write a satyr, which might be placed on the opposite pages of the panegyric: And I am afraid, that as satyr is, on most occasions, thought to contain more truth than panegyric, I should have done their cause more harm than good by this expedient. To misrepresent facts is what, I know, they will not require of me. I must be more a friend to truth, than even to them, where their interests are opposite.
I shall tell the women what it is our sex complains of most in the married state; and if they be disposed to satisfy us in this particular, all the other differences will easily be accommodated. If I be not mistaken, ’tis their love of dominion, which is the ground of the quarrel; tho’ ’tis very likely, that they will think it an unreasonable love of it in us, which makes us insist so much upon that point. However this may be, no passion seems to have more influence on female minds, than this for power; and there is a remarkable instance in history of its prevailing above another passion, which is the only one that can be supposed a proper counterpoise for it. We are told that all the women in Scythia once conspired against the men, and kept the secret so well, that they executed their design before they were suspected. They surprised the men in drink, or asleep; bound them all fast in chains; and having called a solemn council of the whole sex, it was debated what expedient should be used to improve the present advantage, and prevent their falling again into slavery. To kill all the men did not seem to the relish of any part of the assembly,
notwithstanding the injuries formerly received; and they were afterwards pleased to make a great merit of this lenity of theirs. It was, therefore, agreed to put out the eyes of the whole male sex, and thereby resign in all future time the vanity which they could draw from their beauty, in order to secure their authority. We must no longer pretend to dress and show, say they; but then we shall be free from slavery. We shall hear no more tender sighs; but in return we shall hear no more imperious commands. Love must for ever leave us; but he will carry subjection along with him.
’Tis regarded by some as an unlucky circumstance, since the women were resolved to maim the men, and deprive them of some of their senses, in order to render them humble and dependent, that the sense of hearing could not serve their purpose, since ’tis probable the females would rather have attacked that than the sight: And I think it is agreed among the learned, that, in a married state, ’tis not near so great an inconvenience to lose the former sense as the latter. However this may be, we are told by modern anecdotes, that some of the Scythian women did secretly spare their husband’s eyes; presuming, I suppose, that they could govern them as well by means of that sense as without it. But so incorrigible and untractable were these men, that their wives were all obliged, in a few years, as their youth and beauty decayed, to imitate the example of their sisters; which it was no difficult matter to do in a state where the female sex had once got the superiority.
I know not if our Scottish ladies derive any thing of this humour from their Scythian ancestors; but, I must confess that I have often been surprized to see a woman very well pleased to take a fool for her mate, that she might govern with the less controul; and could not but think her sentiments, in this respect, still more barbarous than those of the Scythian women above-mentioned; as much as the eyes of the understanding are more valuable than those of the body.
But to be just, and to lay the blame more equally, I am afraid it is the fault of our sex, if the women be so fond of rule,
and that if we did not abuse our authority, they would never think it worth while to dispute it. Tyrants, we know, produce rebels; and all history informs us, that rebels, when they prevail, are apt to become tyrants in their turn. For this reason, I could wish there were no pretensions to authority on either side; but that every thing was carried on with perfect equality, as between two equal members of the same body. And to induce both parties to embrace those amicable sentiments, I shall deliver to them Plato’s account of the origin of love and marriage.
Mankind, according to that fanciful philosopher, were not, in their original, divided into male and female, as at present; but each individual person was a compound of both sexes, and was in himself both husband and wife, melted down into one living creature. This union, no doubt, was very intire, and the parts very well adjusted together, since there resulted a perfect harmony betwixt the male and female, altho’ they were obliged to be inseparable companions. And so great were the harmony and happiness flowing from it, that the Androgynes (for so Plato calls them) or Men-Women, became insolent upon their prosperity, and rebelled against the Gods. To punish them for this temerity, Jupiter could contrive no better expedient, than to divorce the male-part from the female, and make two imperfect beings of the compound, which was before so perfect. Hence the origin of men and women, as distinct creatures. But notwithstanding this division, so
lively is our remembrance of the happiness which we enjoyed in our primæaeval state, that we are never at rest in this situation; but each of these halves is continually searching thro’ the whole species to find the other half, which was broken from it: And when they meet, they join again with the greatest fondness and sympathy. But it often happens, that they are mistaken in this particular; that they take for their half what no way corresponds to them; and that the parts do not meet nor join in with each other, as is usual in fractures. In this case the union was soon dissolved, and each part is set loose again to hunt for its lost half, joining itself to every one whom it meets, by way of trial, and enjoying no rest till its perfect sympathy with its partner shews, that it has at last been successful in its endeavours.
Were I disposed to carry on this fiction of Plato, which accounts for the mutual love betwixt the sexes in so agreeable a manner, I would do it by the following allegory.
WhenJupiter had separated the male from the female, and had quelled their pride and ambition by so severe an operation, he could not but repent him of the cruelty of his vengeance, and take compassion on poor mortals, who were now become incapable of any repose or tranquillity. Such cravings, such anxieties, such necessities arose, as made them curse their creation, and think existence itself a punishment. In vain had they recourse to every other occupation and amusement. In vain did they seek after every pleasure of sense, and every refinement of reason. Nothing could fill that void, which they felt in their hearts, or supply the loss of their partner, who was so fatally separated from them. To remedy this disorder, and to bestow some comfort, at least, on the human race in their forlorn situation, Jupiter sent down Love and Hymen to collect the broken halves of human kind, and piece them together in the best manner possible. These two deities found such a prompt disposition in mankind to unite again in their primæaeval state, that they proceeded on their work with wonderful success for some time; till at last, from many unlucky accidents, dissension arose betwixt them.
The chief counsellor and favourite of Hymen was Care, who was continually filling his patron’s head with prospects of futurity; a settlement, family, children, servants; so that little else was regarded in all the matches they made. On the other hand, Love had chosen Pleasure for his favourite, who was as pernicious a counsellor as the other, and would never allow Love to look beyond the present momentary gratification, or the satisfying of the prevailing inclination. These two favourites became, in a little time, irreconcileable enemies, and made it their chief business to undermine each other in all their undertakings. No sooner had Love fixed upon two halves, which he was cementing together, and forming to a close union, but Care insinuates himself, and bringing Hymen along with him, dissolves the union produced by love, and joins each half to some other half, which he had provided for it. To be revenged of this, Pleasure creeps in upon a pair already joined by Hymen; and calling Love to his assistance, they under hand contrive to join each half by secret links, to halves, which Hymen was wholly unacquainted with. It was not long before this quarrel was felt in its pernicious consequences; and such complaints arose before the throne of Jupiter, that he was obliged to summon the offending parties to appear before him, in order to give an account of their proceedings. After hearing the pleadings on both sides, he ordered an immediate reconcilement betwixt Love and Hymen, as the only expedient for giving happiness to mankind: And that he might be sure this reconcilement should be durable, he laid his strict injunctions on them never to join any halves without consulting their favourites Care and Pleasure, and obtaining the consent of both to the conjunction. Where this order is strictly observed, the Androgyne is perfectly restored, and the human race enjoy the same happiness as in their primæaeval state. The seam is scarce perceived that joins the two beings; but both of them combine to form one perfect and happy creature.
Of the Study of History.
There is nothing which I would recommend more earnestly to my female readers than the study of history, as an occupation, of all others, the best suited both to their sex and education, much more instructive than their ordinary books of amusement, and more entertaining than those serious compositions, which are usually to be found in their closets. Among other important truths, which they may learn from history, they may be informed of two particulars, the knowledge of which may contribute very much to their quiet and
repose; That our sex, as well as theirs, are far from being such perfect creatures as they are apt to imagine, and, That Love is not the only passion, which governs the male-world, but is often overcome by avarice, ambition, vanity, and a thousand other passions. Whether they be the false representations of mankind in those two particulars, which endear romances and novels so much to the fair sex, I know not; but must confess that I am sorry to see them have such an aversion to matter of fact, and such an appetite for falshood. I remember I was once desired by a young beauty, for whom I had some passion, to send her some novels and romances for her amusement in the country; but was not so ungenerous as to take the advantage, which such a course of reading might have given me, being resolved not to make use of poisoned arms against her. I therefore sent her Plutarch’s lives, assuring her, at the same time, that there was not a word of truth in them from beginning to end. She perused them very attentively, ’till she came to the lives of Alexander and Cæaesar, whose names she had heard of by accident; and then returned me the book, with many reproaches for deceiving her.
I may indeed be told, that the fair sex have no such aversion to history, as I have represented, provided it be secret history, and contain some memorable transaction proper to excite their curiosity. But as I do not find that truth, which is the basis of history, is at all regarded in those anecdotes, I cannot admit of this as a proof of their passion for that study. However this may be, I see not why the same curiosity might not receive a more proper direction, and lead them to desire accounts of those who lived in past ages, as well as of their cotemporaries. What is it to Cleora, whether Fulvia entertains a secret commerce of Love with Philander or not? Has she not equal reason to be pleased, when she is informed (what is whispered about among historians) that Cato’s sister had an intrigue with Cæae
Tros Rutulusve fuat, nullo discrimine habebo.
Printed by R. Fleming and A. Alison,
for A. Kincaid Bookseller, and Sold at
his Shop above the Cross. Mdccxli.
N.B. The copytext for the following essays is the 1777 edition of the Essays and Treatises on Several Subjects. The essays themselves all appeared in this 1741 collection, and in this order, but the actual text (and in some cases the titles) changed over time, and we follow the later edition here. For more details, see the Read Me page, especially section 6.
This paper is intended to consider on the question of morality and law – whether these two notions are interdependent or have to be separated from each other. It defines both of these notions and considers the situations when law depends on morality and cannot be separated from it. Also, the instance is going to be cited of situations where law does not regulate the relations between people but morality does.
The issue of law and morality, their interdependence and, at the same time, the necessity to separate them from each other – all these questions accrue from different points of view onto moral and legal regulations – there exist positivists (who believe that law and morality cannot be dependent on each other) and non-positivists (who believe the contrary). It seems to be a lifelong issue of discussion and is often called “an-egg-or-chicken-question”. And this very issue is going to be contemplated in this work.
To begin with, it is first of all important to define law and morality themselves. Abhishek Raj gives definition to these two notions as follows. Law is believed to be a collection of legal rules meant for determine people’s behavior (and they in their turn are estimated by the state). Beside that, the state carries them into effect when someone infringes these rules. Morality on the other hand implies rules of conduct connected with some kind of social and psychological qualities. Observation of these norms will make one feel moral (or virtuous), while their breach will implicate feeling of guilt. Morality and law have different origins: morality is taught and is supposed to be engrained from the very childhood to every person; and law is usually created and enforced. Thus, it is understandable that morality comes from within the human personality, and law comes from the outside to regulate people’s behaviors.
At all accounts law has to be based on the principles of morality. The example is Christian Ten Commandments which are basic to common law as well as to criminal law. The court makes decisions on different cases relying on laws which regulate what can be done and what cannot be committed by the individuals in our society. On the other hand, there also exist such situations when there is no certain legislation to be applied. (The precedent has occurred but there is no law developed for it.) In such situations the court is to rely upon morality. Also, “morality is brought in when judges face the dilemma of deciding a case wherein more than one but contradicting legal remedy is applicable but there is no clarity with regard to their priority”. Moreover, there can be certain regulation available, but if applied this will result in injustice – in this case morality is also deferred to.
It is also significant to specify that morality and law are by no means the same or equal. What is moral can be illegal (for example, cheating on a tax return in order to save money for supporting old parents and one’s own family – it is certainly illegal, but for some it is moral). On the other hand, which is immoral is sometimes legal (like cheating on one’s spouse – no one can be legally punished for that as there is no legislation prohibiting it). If some people believe something is not moral and has to be made illegal they need to find enough supporters to make such law valid. And vice versa, if enough people argue something to be legalized they can in the same way gather and court it…
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