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part iii

OF RELATIVE DUTIES WHICH RESULT FROM THE CONSTITUTION OF THE SEXES

The constitution of the sexes is the foundation of marriage.

Collateral to the subject of marriage, are fornication, seduction, adultery, incest, polygamy, divorce.

Consequential to marriage, is the relation and reciprocal duty of parent and child.

We will treat of these subjects in the following order: first, of the public use of marriage institutions; secondly, of the subjects collateral to marriage, in the order in which we have here proposed them; thirdly, of marriage itself; and, lastly, of the relation and reciprocal duties of parents and children.

Chapter 1

Of the Public Use of Marriage Institutions

The public use of marriage institutions consists in their promoting the following beneficial effects.

1. The private comfort of individuals, especially of the female sex. It may be true, that all are not interested in this reason; nevertheless, it is a reason to all for abstaining from any conduct which tends in its general consequence to obstruct marriage; for whatever promotes the happiness of the majority, is binding upon the whole.

2. The production of the greatest number of healthy children, their better education, and the making of due provision for their settlement in life.

3. The peace of human society, in cutting off a principal source of contention, by assigning one or more women to one man, and protecting his exclusive right by sanctions of morality and law.

4. The better government of society, by distributing the community into separate families, and appointing over each the authority of a master of a family, which has more actual influence than all civil authority put together.

5. The same end, in the additional security which the state receives for the good behaviour of its citizens, from the solicitude they feel for the welfare of their children, and from their being confined to permanent habitations.

6. The encouragement of industry.

Some ancient nations appear to have been more sensible of the importance of marriage institutions than we are. The Spartans obliged their citizens to marry by penalties, and the Romans encouraged theirs by the jus trium liberorum. A man who had no child, was entitled by the Roman law only to one half of any legacy that should be left him, that is, at the most, could only receive one half of the testator’s fortune.

Chapter 2

Fornication

The first and great mischief, and by consequence the guilt, of promiscuous concubinage, consists in its tendency to diminish marriages, and thereby to defeat the several beneficial purposes enumerated in the preceding chapter.

Promiscuous concubinage discourages marriage, by abating the chief temptation to it. The male part of the species will not undertake the encumbrance, expense, and restraint of married life, if they can gratify their passions at a cheaper price; and they will undertake any thing, rather than not gratify them.

The reader will learn to comprehend the magnitude of this mischief, by attending to the importance and variety of the uses to which marriage is subservient; and by recollecting withal, that the malignity and moral quality of each crime is not to be estimated by the particular effect of one offence, or of one person’s offending, but by the general tendency and consequence of crimes of the same nature. The libertine may not be conscious that these irregularities hinder his own marriage, from which he is deterred, he may allege, by different considerations; much less does he perceive how his indulgences can hinder other men from marrying; but what will he say would be the consequence, if the same licentiousness were universal? or what should hinder its becoming universal, if it be innocent or allowable in him?

2. Fornication supposes prostitution; and prostitution brings and leaves the victims of it to almost certain misery. It is no small quantity of misery in the aggregate, which, between want, disease, and insult, is suffered by those outcasts of human society, who infest populous cities; the whole of which is a general consequence of fornication, and to the increase and continuance of which, every act and instance of fornication contributes.

3. Fornication* produces habits of ungovernable lewdness, which introduce the more aggravated crimes of seduction, adultery, violation, &c. Likewise, however it be accounted for, the criminal commerce of the sexes corrupts and depraves the mind and moral character more than any single species of vice whatsoever. That ready perception of guilt, that prompt and decisive resolution against it, which constitutes a virtuous character, is seldom found in persons addicted to these indulgences. They prepare an easy admission for every sin that seeks it; are, in low life, usually the first stage in men’s progress to the most desperate villanies; and, in high life, to that lamented dissoluteness of principle, which manifests itself in a profligacy of public conduct, and a contempt of the obligations of religion and of moral probity. Add to this, that habits of libertinism incapacitate and indispose the mind for all intellectual, moral, and religious pleasures; which is a great loss to any man’s happiness.

4. Fornication perpetuates a disease, which may be accounted one of the sorest maladies of human nature; and the effects of which are said to visit the constitution of even distant generations.

The passion being natural, proves that it was intended to be gratified; but under what restrictions, or whether without any, must be collected from different considerations.

The Christian Scriptures condemn fornication absolutely and peremptorily. “Out of the heart,” says our Saviour, “proceed evil thoughts, murders, adulteries, fornication, thefts, false witness, blasphemies; these are the things which defile a man.” These are Christ’s own words: and one word from him upon the subject is final. It may be observed with what society fornication is classed; with murders, thefts, false witness, blasphemies. I do not mean that these crimes are all equal, because they are all mentioned together; but it proves that they are all crimes. The apostles are more full upon this topic. One well-known passage in the Epistle to the Hebrews may stand in the place of all others; because, admitting the authority by which the apostles of Christ spake and wrote, it is decisive: “Marriage and the bed undefiled is honourable amongst all men: but whoremongers and adulterers God will judge”; which was a great deal to say, at a time when it was not agreed, even amongst philosophers themselves, that fornication was a crime.

The Scriptures give no sanction to those austerities, which have been since imposed upon the world under the name of Christ’s religion; as the celibacy of the clergy, the praise of perpetual virginity, the prohibitio concubitûs cum gravidâ uxore; but with a just knowledge of, and regard to, the condition and interest of the human species, have provided, in the marriage of one man with one woman, an adequate gratification for the propensities of their nature, and have restricted them to that gratification.

The avowed toleration, and in some countries the licensing, taxing, and regulating of public brothels, has appeared to the people an authorising of fornication; and has contributed, with other causes, so far to vitiate the public opinion, that there is no practice of which the immorality is so little thought of or acknowledged, although there are few in which it can more plainly be made out. The legislators who have patronised receptacles of prostitution, ought to have foreseen this effect, as well as considered, that whatever facilitates fornication, diminishes marriages. And, as to the usual apology for this relaxed discipline, the danger of greater enormities, if access to prostitutes were too strictly watched and prohibited, it will be time enough to look to that, when the laws and the magistrates have done their utmost. The greatest vigilance of both will do no more, than oppose some bounds and some difficulties to this intercourse. And, after all, these pretended fears are without foundation in experience. The men are in all respects the most virtuous, in countries where the women are most chaste.

There is a species of cohabitation, distinguishable, no doubt, from vagrant concubinage, and which, by reason of its resemblance to marriage, may be thought to participate of the sanctity and innocence of that estate; I mean the case of kept mistresses, under the favourable circumstance of mutual fidelity. This case I have heard defended by some such apology as the following:

“That the marriage-rite being different in different countries, and in the same country amongst different sects, and with some scarce any thing; and, moreover, not being prescribed or even mentioned in Scripture, can be accounted for only as of a form and ceremony of human invention: that, consequently, if a man and woman betroth and confine themselves to each other, their intercourse must be the same, as to all moral purposes, as if they were legally married; for the addition or omission of that which is a mere form and ceremony, can make no difference in the sight of God, or in the actual nature of right and wrong.”

To all which it may be replied,

1. If the situation of the parties be the same thing as marriage, why do they not marry?

2. If the man choose to have it in his power to dismiss the woman at his pleasure, or to retain her in a state of humiliation and dependence inconsistent with the rights which marriage would confer upon her, it is not the same thing.

It is not at any rate the same thing to the children.

Again, as to the marriage-rite being a mere form, and that also variable, the same may be said of signing and sealing of bonds, wills, deeds of conveyance, and the like, which yet make a great difference in the rights and obligations of the parties concerned in them.

And with respect to the rite not being appointed in Scripture—the Scriptures forbid fornication, that is, cohabitation without marriage, leaving it to the law of each country to pronounce what is, or what makes, a marriage; in like manner as they forbid thefts, that is, the taking away of another’s property, leaving it to the municipal law to fix what makes the thing property, or whose it is; which also, as well as marriage, depend upon arbitrary and mutable forms.

Laying aside the injunctions of Scripture, the plain account of the question seems to be this: It is immoral, because it is pernicious, that men and women should cohabit, without undertaking certain irrevocable obligations, and mutually conferring certain civil rights; if, therefore, the law has annexed these rights and obligations to certain forms, so that they cannot be secured or undertaken by any other means, which is the case here (for, whatever the parties may promise to each other, nothing but the marriage-ceremony can make their promise irrevocable), it becomes in the same degree immoral, that men and women should cohabit without the interposition of these forms.

If fornication be criminal, all those incentives which lead to it are accessaries to the crime, as lascivious conversation, whether expressed in obscene, or disguised under modest phrases; also wanton songs, pictures, books; the writing, publishing, and circulating of which, whether out of frolic, or for some pitiful profit, is productive of so extensive a mischief from so mean a temptation, that few crimes, within the reach of private wickedness, have more to answer for, or less to plead in their excuse.

Indecent conversation, and by parity of reason all the rest, are forbidden by Saint Paul, Eph. iv. 29: “Let no corrupt communication proceed out of your mouth”; and again, Col. iii. 8: “Put off filthy communication out of your mouth.”

The invitation, or voluntary admission, of impure thoughts, or the suffering them to get possession of the imagination, falls within the same description, and is condemned by Christ, Matt. v. 28: “Whosoever looketh on a woman to lust after her, hath committed adultery with her already in his heart.” Christ, by thus enjoining a regulation of the thoughts, strikes at the root of the evil.

Chapter 3

Seduction

The seducer practises the same stratagems to draw a woman’s person into his power, that a swindler does to get possession of your goods, or money; yet the law of honour, which abhors deceit, applauds the address of a successful intrigue; so much is this capricious rule guided by names, and with such facility does it accommodate itself to the pleasures and conveniency of higher life!

Seduction is seldom accomplished without fraud; and the fraud is by so much more criminal than other frauds, as the injury effected by it is greater, continues longer, and less admits reparation.

This injury is threefold: to the woman, to her family, and to the public.

I. The injury to the woman is made up of the pain she suffers from shame, or the loss she sustains in her reputation and prospects of marriage, and of the depravation of her moral principle.

1. This pain must be extreme, if we may judge of it from those barbarous endeavours to conceal their disgrace, to which women, under such circumstances, sometimes have recourse; comparing also this barbarity with their passionate fondness for their offspring in other cases. Nothing but an agony of mind the most insupportable can induce a woman to forget her nature, and the pity which even a stranger would show to a helpless and imploring infant. It is true, that all are not urged to this extremity; but if any are, it affords an indication of how much all suffer from the same cause. What shall we say to the authors of such mischief?

2. The loss which a woman sustains by the ruin of her reputation almost exceeds computation. Every person’s happiness depends in part upon the respect and reception which they meet with in the world; and it is no inconsiderable mortification, even to the firmest tempers, to be rejected from the society of their equals, or received there with neglect and disdain. But this is not all, nor the worst. By a rule of life, which it is not easy to blame, and which it is impossible to alter, a woman loses with her chastity the chance of marrying at all, or in any manner equal to the hopes she had been accustomed to entertain. Now marriage, whatever it be to a man, is that from which every woman expects her chief happiness. And this is still more true in low life, of which condition the women are who are most exposed to solicitations of this sort. Add to this, that where a woman’s maintenance depends upon her character (as it does, in a great measure, with those who are to support themselves by service), little sometimes is left to the forsaken sufferer, but to starve for want of employment, or to have recourse to prostitution for food and raiment.

3. As a woman collects her virtue into this point, the loss of her chastity is generally the destruction of her moral principle; and this consequence is to be apprehended, whether the criminal intercourse be discovered or not.

II. The injury to the family may be understood, by the application of that infallible rule, “of doing to others, what we would that others should do unto us.” Let a father or a brother say, for what consideration they would suffer this injury to a daughter or a sister; and whether any, or even a total, loss of fortune, could create equal affliction and distress. And when they reflect upon this, let them distinguish, if they can, between a robbery, committed upon their property by fraud or forgery, and the ruin of their happiness by the treachery of a seducer.

III. The public at large lose the benefit of the woman’s service in her proper place and destination, as a wife and parent. This, to the whole community, may be little; but it is often more than all the good which the seducer does to the community can recompense. Moreover, prostitution is supplied by seduction; and in proportion to the danger there is of the woman’s betaking herself, after her first sacrifice, to a life of public lewdness, the seducer is answerable for the multiplied evils to which his crime gives birth.

Upon the whole, if we pursue the effects of seduction through the complicated misery which it occasions, and if it be right to estimate crimes by the mischief they knowingly produce, it will appear something more than mere invective to assert, that not one half of the crimes, for which men suffer death by the laws of England, are so flagitious as this.*

Chapter 4

Adultery

A new sufferer is introduced, the injured husband, who receives a wound in his sensibility and affections, the most painful and incurable that human nature knows. In all other respects, adultery on the part of the man who solicits the chastity of a married woman, includes the crime of seduction, and is attended with the same mischief.

The infidelity of the woman is aggravated by cruelty to her children, who are generally involved in their parents’ shame, and always made unhappy by their quarrel.

If it be said that these consequences are chargeable not so much upon the crime, as the discovery, we answer, first, that the crime could not be discovered unless it were committed, and that the commission is never secure from discovery; and secondly, that if we excuse adulterous connexions, whenever they can hope to escape detection, which is the conclusion to which this argument conducts us, we leave the husband no other security for his wife’s chastity, than in her want of opportunity or temptation; which would probably either deter men from marrying, or render marriage a state of such jealousy and alarm to the husband, as must end in the slavery and confinement of the wife.

The vow, by which married persons mutually engage their fidelity, “is witnessed before God,” and accompanied with circumstances of solemnity and religion, which approach to the nature of an oath. The married offender therefore incurs a crime little short of perjury, and the seduction of a married woman is little less than subornation of perjury—and this guilt is independent of the discovery.

All behaviour which is designed, or which knowingly tends, to captivate the affection of a married woman, is a barbarous intrusion upon the peace and virtue of a family, though it fall short of adultery.

The usual and only apology for adultery is, the prior transgression of the other party. There are degrees, no doubt, in this, as in other crimes: and so far as the bad effects of adultery are anticipated by the conduct of the husband or wife who offends first, the guilt of the second offender is less. But this falls very far short of a justification; unless it could be shown that the obligation of the marriage-vow depends upon the condition of reciprocal fidelity; for which construction there appears no foundation, either in expediency, or in the terms of the promise, or in the design of the legislature which prescribed the marriage-rite. Moreover, the rule contended for by this plea has a manifest tendency to multiply the offence, but none to reclaim the offender.

The way of considering the offence of one party as a provocation to the other, and the other as only retaliating the injury by repeating the crime, is a childish trifling with words.

“Thou shalt not commit adultery,” was an interdict delivered by God himself. By the Jewish law, adultery was capital to both parties in the crime: “Even he that committeth adultery with his neighbour’s wife, the adulterer and adulteress shall surely be put to death.”—Levit. xx. 10. Which passages prove, that the Divine Legislator placed a great difference between adultery and fornication. And with this agree the Christian Scriptures: for, in almost all the catalogues they have left us of crimes and criminals, they enumerate “fornication, adultery, whoremongers, adulterers,” (Matthew, xv. 19. 1 Cor. vi. 9. Gal. v. 9. Heb. viii. 4.) by which mention of both, they show that they did not consider them as the same: but that the crime of adultery was, in their apprehension, distinct from, and accumulated upon, that of fornication.

The history of the woman taken in adultery, recorded in the eighth chapter of St. John’s Gospel, has been thought by some to give countenance to that crime. As Christ told the woman, “Neither do I condemn thee,” we must believe, it is said, that he deemed her conduct either not criminal, or not a crime, however, of the heinous nature which we represent it to be. A more attentive examination of the case will, I think, convince us, that from it nothing can be concluded as to Christ’s opinion concerning adultery, either one way or the other. The transaction is thus related: “Early in the morning Jesus came again into the temple, and all the people came unto him: and he sat down and taught them. And the Scribes and Pharisees brought unto him a woman taken in adultery: and when they had set her in the midst, they say unto him, Master, this woman was taken in adultery, in the very act: now Moses, in the law, commanded that such should be stoned; but what sayest thou? This they said tempting him, that they might have to accuse him. But Jesus stooped down, and with his finger wrote on the ground, as though he heard them not. So when they continued asking him, he lift up himself, and said unto them, He that is without sin amongst you, let him first cast a stone at her; and again he stooped down and wrote on the ground: and they which heard it, being convicted by their own conscience, went out one by one, beginning at the eldest, even unto the last; and Jesus was left alone, and the woman standing in the midst. When Jesus had lift up himself, and saw none but the woman, he said unto her, Woman, where are those thine accusers? hath no man condemned thee? She said unto him, No man, Lord. And he said unto her, Neither do I condemn thee; go, and sin no more.”

“This they said tempting him, that they might have to accuse him”; to draw him, that is, into an exercise of judicial authority, that they might have to accuse him before the Roman governor, of usurping or intermeddling with the civil government. This was their design; and Christ’s behaviour throughout the whole affair proceeded from a knowledge of this design, and a determination to defeat it. He gives them at first a cold and sullen reception, well suited to the insidious intention with which they came: “He stooped down, and with his finger wrote on the ground, as though he heard them not.” “When they continued asking him,” when they teased him to speak, he dismissed them with a rebuke, which the impertinent malice of their errand, as well as the sacred character of many of them, deserved: “He that is without sin (that is, this sin) among you, let him first cast a stone at her.” This had its effect. Stung with the reproof, and disappointed of their aim, they stole away one by one, and left Jesus and the woman alone. And then follows the conversation, which is the part of the narrative most material to our present subject. “Jesus said unto her, Woman, where are those thine accusers? hath no man condemned thee? She said, No man, Lord. And Jesus said unto her, Neither do I condemn thee; go, and sin no more.” Now, when Christ asked the woman, “Hath no man condemned thee?” he certainly spoke, and was understood by the woman to speak, of a legal and judicial condemnation; otherwise, her answer, “No man, Lord,” was not true. In every other sense of condemnation, as blame, censure, reproof, private judgement, and the like, many had condemned her; all those indeed who brought her to Jesus. If then a judicial sentence was what Christ meant by condemning in the question, the common use of language requires us to suppose that he meant the same in his reply, “Neither do I condemn thee,” i.e. I pretend to no judicial character or authority over thee; it is no office or business of mine to pronounce or execute the sentence of the law.

When Christ adds, “Go, and sin no more,” he in effect tells her, that she had sinned already: but as to the degree or quality of the sin, or Christ’s opinion concerning it, nothing is declared, or can be inferred, either way.

Adultery, which was punished with death during the Usurpation, is now regarded by the law of England only as a civil injury; for which the imperfect satisfaction that money can afford, may be recovered by the husband.

Chapter 5

Incest

In order to preserve chastity in families, and between persons of different sexes, brought up and living together in a state of unreserved intimacy, it is necessary by every method possible to inculcate an abhorrence of incestuous conjunctions; which abhorrence can only be upholden by the absolute reprobation of all commerce of the sexes between near relations. Upon this principle, the marriage as well as other cohabitations of brothers and sisters, of lineal kindred, and of all who usually live in the same family, may be said to be forbidden by the law of nature.

Restrictions which extend to remoter degrees of kindred than what this reason makes it necessary to prohibit from intermarriage, are founded in the authority of the positive law which ordains them, and can only be justified by their tendency to diffuse wealth, to connect families, or to promote some political advantage.

The Levitical law, which is received in this country, and from which the rule of the Roman law differs very little, prohibits* marriage between relations, within three degrees of kindred; computing the generations, not from, but through the common ancestor, and accounting affinity the same as consanguinity. The issue, however, of such marriages are not bastardised, unless the parents be divorced during their life-time.

The Egyptians are said to have allowed of the marriage of brothers and sisters. Amongst the Athenians, a very singular regulation prevailed; brothers and sisters of the half-blood, if related by the father’s side, might marry; if by the mother’s side, they were prohibited from marrying. The same custom also probably obtained in Chaldea so early as the age in which Abraham left it; for he and Sarah his wife stood in this relation to each other: “And yet, indeed, she is my sister; she is the daughter of my father, but not of my mother; and she became my wife.” Gen. xx. 12.

Chapter 6

Polygamy

The equality* in the number of males and females born into the world, intimates the intention of God, that one woman should be assigned to one man: for if to one man be allowed an exclusive right to five or more women, four or more men must be deprived of the exclusive possession of any; which could never be the order intended.

It seems also a significant indication of the divine will, that he at first created only one woman to one man. Had God intended polygamy for the species, it is probable he would have begun with it; especially as, by giving to Adam more wives than one, the multiplication of the human race would have proceeded with a quicker progress.

Polygamy not only violates the constitution of nature, and the apparent design of the Deity, but produces to the parties themselves, and to the public, the following bad effects: contests and jealousies amongst the wives of the same husband; distracted affections, or the loss of all affection, in the husband himself; a voluptuousness in the rich, which dissolves the vigour of their intellectual as well as active faculties, producing that indolence and imbecility both of mind and body, which have long characterised the nations of the East; the abasement of one half of the human species, who, in countries where polygamy obtains, are degraded into mere instruments of physical pleasure to the other half; neglect of children; and the manifold, and sometimes unnatural mischiefs, which arise from a scarcity of women. To compensate for these evils, polygamy does not offer a single advantage. In the article of population, which it has been thought to promote, the community gain nothing:* for the question is not, whether one man will have more children by five or more wives than by one; but whether these five wives would not bear the same or a greater number of children to five separate husbands. And as to the care of the children, when produced, and the sending of them into the world in situations in which they may be likely to form and bring up families of their own, upon which the increase and succession of the human species in a great degree depend; this is less provided for, and less practicable, where twenty or thirty children are to be supported by the attention and fortunes of one father, than if they were divided into five or six families, to each of which were assigned the industry and inheritance of two parents.

Whether simultaneous polygamy was permitted by the law of Moses, seems doubtful:* but whether permitted or not, it was certainly practised by the Jewish patriarchs, both before that law, and under it. The permission, if there were any, might be like that of divorce, “for the hardness of their heart,” in condescension to their established indulgences, rather than from the general rectitude or propriety of the thing itself. The state of manners in Judea had probably undergone a reformation in this respect before the time of Christ, for in the New Testament we meet with no trace or mention of any such practice being tolerated.

For which reason, and because it was likewise forbidden amongst the Greeks and Romans, we cannot expect to find any express law upon the subject in the Christian code. The words of Christ† (Matt. xix. 9.) may be construed by an easy implication to prohibit polygamy: for, if “whoever putteth away his wife, and marrieth another, committeth adultery,” he who marrieth another without putting away the first, is no less guilty of adultery: because the adultery does not consist in the repudiation of the first wife (for, however unjust or cruel that may be, it is not adultery), but in entering into a second marriage during the legal existence and obligation of the first. The several passages in Saint Paul’s writings, which speak of marriage, always suppose it to signify the union of one man with one woman. Upon this supposition he argues, Rom. vii. 1, 2, 3: “Know ye not, brethren (for I speak to them that know the law), how that the law hath dominion over a man, as long as he liveth? For the woman which hath an husband, is bound by the law to her husband so long as he liveth; but if the husband be dead, she is loosed from the law of her husband: so then, if while her husband liveth she be married to another man, she shall be called an adulteress.” When the same apostle permits marriage to his Corinthian converts (which, “for the present distress,” he judges to be inconvenient), he restrains the permission to the marriage of one husband with one wife: “It is good for a man not to touch a woman; nevertheless, to avoid fornication, let every man have his own wife, and let every woman have her own husband.”

The manners of different countries have varied in nothing more than in their domestic constitutions. Less polished and more luxurious nations have either not perceived the bad effects of polygamy, or, if they did perceive them, they who in such countries possessed the power of reforming the laws have been unwilling to resign their own gratifications. Polygamy is retained at this day among the Turks, and throughout every part of Asia, in which Christianity is not professed. In Christian countries, it is universally prohibited. In Sweden, it is punished with death. In England, besides the nullity of the second marriage, it subjects the offender to transportation, or imprisonment and branding, for the first offence, and to capital punishment for the second. And whatever may be said in behalf of polygamy when it is authorised by the law of the land, the marriage of a second wife during the life-time of the first, in countries where such a second marriage is void, must be ranked with the most dangerous and cruel of those frauds, by which a woman is cheated out of her fortune, her person, and her happiness.

The ancient Medes compelled their citizens, in one canton, to take seven wives; in another, each woman to receive five husbands: according as war had made, in one quarter of their country, an extraordinary havoc among the men, or the women had been carried away by an enemy from another. This regulation, so far as it was adapted to the proportion which subsisted between the number of males and females, was founded in the reason upon which the most approved nations of Europe proceed at present.

Caesar found amongst the inhabitants of this island a species of polygamy, if it may be so called, which was perfectly singular. Uxores, says he, habent deni duodenique inter se communes; et maxime fratres cum fratribus, parentesque cum liberis: sed si qui sint ex his nati, eorum habentur liberi, quo primum virgo quaeque deducta est.

Chapter 7

Of Divorce

By divorce, I mean the dissolution of the marriage-contract, by the act, and at the will, of the husband.

This power was allowed to the husband, among the Jews, the Greeks, and latter Romans; and is at this day exercised by the Turks and Persians.

The congruity of such a right with the law of nature, is the question before us.

And, in the first place, it is manifestly inconsistent with the duty which the parents owe to their children; which duty can never be so well fulfilled as by their cohabitation and united care. It is also incompatible with the right which the mother possesses, as well as the father, to the gratitude of her children and the comfort of their society; of both which she is almost necessarily deprived, by her dismission from her husband’s family.

Where this objection does not interfere, I know of no principle of the law of nature applicable to the question, beside that of general expediency.

For, if we say, that arbitrary divorces are excluded by the terms of the marriage-contract, it may be answered, that the contract might be so framed as to admit of this condition.

If we argue, with some moralists, that the obligation of a contract naturally continues, so long as the purpose, which the contracting parties had in view, requires its continuance; it will be difficult to show what purpose of the contract (the care of children excepted) should confine a man to a woman, from whom he seeks to be loose.

If we contend, with others, that a contract cannot, by the law of nature, be dissolved, unless the parties be replaced in the situation which each possessed before the contract was entered into; we shall be called upon to prove this to be a universal or indispensable property of contracts.

I confess myself unable to assign any circumstance in the marriage-contract, which essentially distinguishes it from other contracts, or which proves that it contains, what many have ascribed to it, a natural incapacity of being dissolved by the consent of the parties, at the option of one of them, or either of them. But if we trace the effects of such a rule upon the general happiness of married life, we shall perceive reasons of expediency, that abundantly justify the policy of those laws which refuse to the husband the power of divorce, or restrain it to a few extreme and specific provocations: and our principles teach us to pronounce that to be contrary to the law of nature, which can be proved to be detrimental to the common happiness of the human species.

A lawgiver, whose counsels are directed by views of general utility, and obstructed by no local impediment, would make the marriage-contract indissoluble during the joint lives of the parties, for the sake of the following advantages:

I. Because this tends to preserve peace and concord between married persons, by perpetuating their common interest, and by inducing a necessity of mutual compliance.

There is great weight and substance in both these considerations. An earlier termination of the union would produce a separate interest. The wife would naturally look forward to the dissolution of the partnership, and endeavour to draw to herself a fund against the time when she was no longer to have access to the same resources. This would beget peculation on one side, and mistrust on the other; evils which at present very little disturb the confidence of married life. The second effect of making the union determinable only by death, is not less beneficial. It necessarily happens that adverse tempers, habits, and tastes, oftentimes meet in marriage. In which case, each party must take pains to give up what offends, and practise what may gratify the other. A man and woman in love with each other do this insensibly; but love is neither general nor durable: and where that is wanting, no lessons of duty, no delicacy of sentiment, will go half so far with the generality of mankind and womankind as this one intelligible reflection, that they must each make the best of their bargain; and that, seeing they must either both be miserable, or both share in the same happiness, neither can find their own comfort, but in promoting the pleasure of the other. These compliances, though at first extorted by necessity, become in time easy and mutual; and, though less endearing than assiduities which take their rise from affection, generally procure to the married pair a repose and satisfaction sufficient for their happiness.

II. Because new objects of desire would be continually sought after, if men could, at will, be released from their subsisting engagements. Suppose the husband to have once preferred his wife to all other women, the duration of this preference cannot be trusted to. Possession makes a great difference: and there is no other security against the invitations of novelty, than the known impossibility of obtaining the object. Did the cause which brings the sexes together, hold them together by the same force with which it first attracted them to each other; or could the woman be restored to her personal integrity, and to all the advantages of her virgin estate; the power of divorce might be deposited in the hands of the husband, with less danger of abuse or inconveniency. But constituted as mankind are, and injured as the repudiated wife generally must be, it is necessary to add a stability to the condition of married women, more secure than the continuance of their husbands’ affection; and to supply to both sides, by a sense of duty and of obligation, what satiety has impaired of passion and of personal attachment. Upon the whole, the power of divorce is evidently and greatly to the disadvantage of the woman: and the only question appears to be, whether the real and permanent happiness of one half of the species should be surrendered to the caprice and voluptuousness of the other?

We have considered divorces as depending upon the will of the husband, because that is the way in which they have actually obtained in many parts of the world: but the same objections apply, in a great degree, to divorces by mutual consent; especially when we consider the indelicate situation and small prospect of happiness, which remains to the party who opposed his or her dissent to the liberty and desire of the other.

The law of nature admits of an exception in favour of the injured party, in cases of adultery, of obstinate desertion, of attempts upon life, of outrageous cruelty, of incurable madness, and perhaps of personal imbecility; but by no means indulges the same privilege to mere dislike, to opposition of humours and inclinations, to contrariety of taste and temper, to complaints of coldness, neglect, severity, peevishness, jealousy: not that these reasons are trivial, but because such objections may always be alleged, and are impossible by testimony to be ascertained; so that to allow implicit credit to them, and to dissolve marriages whenever either party thought fit to pretend them, would lead in its effect to all the licentiousness of arbitrary divorces.

Milton’s story is well known. Upon a quarrel with his wife, he paid his addresses to another woman, and set forth a public vindication of his conduct, by attempting to prove, that confirmed dislike was as just a foundation for dissolving the marriage-contract, as adultery: to which position, and to all the arguments by which it can be supported, the above consideration affords a sufficient answer. And if a married pair, in actual and irreconcileable discord, complain that their happiness would be better consulted, by permitting them to determine a connexion which is become odious to both, it may be told them, that the same permission, as a general rule, would produce libertinism, dissension, and misery, amongst thousands, who are now virtuous, and quiet, and happy, in their condition: and it ought to satisfy them to reflect, that when their happiness is sacrificed to the operation of an unrelenting rule, it is sacrificed to the happiness of the community.

The Scriptures seem to have drawn the obligation tighter than the law of nature left it. “Whosoever,” saith Christ, “shall put away his wife, except it be for fornication, and shall marry another, committeth adultery; and whoso marrieth her which is put away, doth commit adultery.”—Matt. xix. 9. The law of Moses, for reasons of local expediency, permitted the Jewish husband to put away his wife: but whether for every cause, or for what causes, appears to have been controverted amongst the interpreters of those times. Christ, the precepts of whose religion were calculated for more general use and observation, revokes this permission (as given to the Jews “for the hardness of their hearts”), and promulges a law which was thenceforward to confine divorces to the single case of adultery in the wife. And I see no sufficient reason to depart from the plain and strict meaning of Christ’s words. The rule was new. It both surprised and offended his disciples; yet Christ added nothing to relax or explain it.

Inferior causes may justify the separation of husband and wife, although they will not authorise such a dissolution of the marriage-contract as would leave either party at liberty to marry again: for it is that liberty, in which the danger and mischief of divorces principally consist. If the care of children does not require that they should live together, and it is become, in the serious judgement of both, necessary for their mutual happiness that they should separate, let them separate by consent. Nevertheless, this necessity can hardly exist, without guilt and misconduct on one side or on both. Moreover, cruelty, ill usage, extreme violence or moroseness of temper, or other great and continued provocations, make it lawful for the party aggrieved to withdraw from the society of the offender without his or her consent. The law which imposes the marriage-vow, whereby the parties promise to “keep to each other,” or in other words, to live together, must be understood to impose it with a silent reservation of these cases; because the same law has constituted a judicial relief from the tyranny of the husband, by the divorce à mensa et toro, and by the provision which it makes for the separate maintenance of the injured wife. St. Paul likewise distinguishes between a wife’s merely separating herself from the family of her husband, and her marrying again: “Let not the wife depart from her husband: but and if she do depart, let her remain unmarried.”

The law of this country, in conformity to our Saviour’s injunction, confines the dissolution of the marriage-contract to the single case of adultery in the wife; and a divorce even in that case can only be brought about by the operation of an act of parliament, founded upon a previous sentence in the ecclesiastical court, and a verdict against the adulterer at common law: which proceedings taken together, compose as complete an investigation of the complaint as a cause can receive. It has lately been proposed to the legislature to annex a clause to these acts, restraining the offending party from marrying with the companion of her crime, who, by the course of proceeding, is always known and convicted: for there is reason to fear, that adulterous connexions are often formed with the prospect of bringing them to this conclusion; at least, when the seducer has once captivated the affection of a married woman, he may avail himself of this tempting argument to subdue her scruples, and complete his victory; and the legislature, as the business is managed at present, assists by its interposition the criminal design of the offenders, and confers a privilege where it ought to inflict a punishment. The proposal deserved an experiment: but something more penal will, I apprehend, be found necessary to check the progress of this alarming depravity. Whether a law might not be framed directing the fortune of the adulteress to descend as in case of her natural death; reserving, however, a certain proportion of the produce of it, by way of annuity, for her subsistence (such annuity, in no case, to exceed a fixed sum), and also so far suspending the estate in the hands of the heir as to preserve the inheritance to any children she might bear to a second marriage, in case there was none to succeed in the place of their mother by the first; whether, I say, such a law would not render female virtue in higher life less vincible, as well as the seducers of that virtue less urgent in their suit, we recommend to the deliberation of those who are willing to attempt the reformation of this important, but most incorrigible, class of the community. A passion for splendor, for expensive amusements and distinction, is commonly found, in that description of women who would become the objects of such a law, not less inordinate than their other appetites. A severity of the kind we propose, applies immediately to that passion. And there is no room for any complaint of injustice, since the provisions above stated, with others which might be contrived, confine the punishment, so far as it is possible, to the person of the offender; suffering the estate to remain to the heir, or within the family, of the ancestor from whom it came, or to attend the appointments of his will.

Sentences of the ecclesiastical courts, which release the parties à vinculo matrimonii by reason of impuberty, frigidity, consanguinity within the prohibited degrees, prior marriage, or want of the requisite consent of parents and guardians, are not dissolutions of the marriage-contract, but judicial declarations that there never was any marriage; such impediment subsisting at the time, as rendered the celebration of the marriage-rite a mere nullity. And the rite itself contains an exception of these impediments. The man and woman to be married are charged, “if they know any impediment why they may not be lawfully joined together, to confess it”; and assured “that so many as are coupled together, otherwise than God’s word doth allow, are not joined together by God, neither is their matrimony lawful”; all which is intended by way of solemn notice to the parties, that the vow they are about to make will bind their consciences and authorise their cohabitation, only upon the supposition that no legal impediment exists.

Chapter 8

Marriage

Whether it hath grown out of some tradition of the Divine appointment of marriage in the persons of our first parents, or merely from a design to impress the obligation of the marriage-contract with a solemnity suited to its importance, the marriage-rite, in almost all countries of the world, has been made a religious ceremony;* although marriage, in its own nature, and abstracted from the rules and declarations which the Jewish and Christian Scriptures deliver concerning it, be properly a civil contract, and nothing more.

With respect to one main article in matrimonial alliances, a total alteration has taken place in the fashion of the world; the wife now brings money to her husband, whereas anciently the husband paid money to the family of the wife; as was the case among the Jewish patriarchs, the Greeks, and the old inhabitants of Germany.* This alteration has proved of no small advantage to the female sex: for their importance in point of fortune procures to them, in modern times, that assiduity and respect, which are always wanted to compensate for the inferiority of their strength; but which their personal attractions would not always secure.

Our business is with marriage, as it is established in this country. And in treating thereof, it will be necessary to state the terms of the marriage vow, in order to discover:

1. What duties this vow creates.

2. What a situation of mind at the time is inconsistent with it.

3. By what subsequent behaviour it is violated.

The husband promises, on his part, “to love, comfort, honour, and keep, his wife”: the wife on hers, “to obey, serve, love, honour, and keep, her husband”; in every variety of health, fortune, and condition: and both stipulate “to forsake all others, and to keep only unto one another, so long as they both shall live.” This promise is called the marriage vow; is witnessed before God and the congregation; accompanied with prayers to Almighty God for his blessing upon it; and attended with such circumstances of devotion and solemnity as place the obligation of it, and the guilt of violating it, nearly upon the same foundation with that of oaths.

The parties by this vow engage their personal fidelity expressly and specifically; they engage likewise to consult and promote each other’s happiness; the wife, moreover, promises obedience to her husband. Nature may have made and left the sexes of the human species nearly equal in their faculties, and perfectly so in their rights; but to guard against those competitions which equality, or a contested superiority, is almost sure to produce, the Christian Scriptures enjoin upon the wife that obedience which she here promises, and in terms so peremptory and absolute, that it seems to extend to every thing not criminal, or not entirely inconsistent with the woman’s happiness. “Let the wife,” says St. Paul, “be subject to her own husband in every thing.” “The ornament of a meek and quiet spirit,” says the same apostle, speaking of the duty of wives, “is, in the sight of God, of great price.” No words ever expressed the true merit of the female character so well as these.

The condition of human life will not permit us to say, that no one can conscientiously marry, who does not prefer the person at the altar to all other men or women in the world: but we can have no difficulty in pronouncing (whether we respect the end of the institution, or the plain terms in which the contract is conceived), that whoever is conscious, at the time of his marriage, of such a dislike to the woman he is about to marry, or of such a subsisting attachment to some other woman, that he cannot reasonably, nor does in fact, expect ever to entertain an affection for his future wife, is guilty, when he pronounces the marriage vow, of a direct and deliberate prevarication; and that, too, aggravated by the presence of those ideas of religion, and of the Supreme Being, which the place, the ritual, and the solemnity of the occasion, cannot fail of bringing to his thoughts. The same likewise of the woman. This charge must be imputed to all who, from mercenary motives, marry the objects of their aversion and disgust; and likewise to those who desert, from any motive whatever, the object of their affection, and, without being able to subdue that affection, marry another.

The crime of falsehood is also incurred by the man who intends, at the time of his marriage, to commence, renew, or continue, a personal commerce with any other woman. And the parity of reason, if a wife be capable of so much guilt, extends to her.

The marriage-vow is violated,

I. By adultery.

II. By any behaviour which, knowingly, renders the life of the other miserable; as desertion, neglect, prodigality, drunkenness, peevishness, penuriousness, jealousy, or any levity of conduct which administers occasion of jealousy.

A late regulation in the law of marriages, in this country, has made the consent of the father, if he be living, of the mother, if she survive the father, and remain unmarried, or of guardians, if both parents be dead, necessary to the marriage of a person under twenty-one years of age. By the Roman law, the consent et avi et patris was required so long as they lived. In France, the consent of parents is necessary to the marriage of sons, until they attain to thirty years of age; of daughters, until twenty-five. In Holland, for sons till twenty-five; for daughters, till twenty. And this distinction between the sexes appears to be well founded; for a woman is usually as properly qualified for the domestic and interior duties of a wife or mother at eighteen, as a man is for the world, and the more arduous care of providing for a family, at twenty-one.

The constitution also of the human species indicates the same distinction.*

Chapter 9

Of the Duty of Parents

That virtue, which confines its beneficence within the walls of a man’s own house, we have been accustomed to consider as little better than a more refined selfishness: and yet it will be confessed, that the subject and matter of this class of duties are inferior to none in utility and importance: and where, it may be asked, is virtue the most valuable, but where it does the most good? What duty is the most obligatory, but that on which the most depends? And where have we happiness and misery so much in our power, or liable to be so affected by our conduct, as in our own families? It will also be acknowledged that the good order and happiness of the world are better upholden whilst each man applies himself to his own concerns and the care of his own family, to which he is present, than if every man, from an excess of mistaken generosity, should leave his own business, to undertake his neighbour’s, which he must always manage with less knowledge, conveniency, and success. If, therefore, the low estimation of these virtues be well founded, it must be owing, not to their inferior importance, but to some defect or impurity in the motive. And indeed it cannot be denied, that it is in the power of association so to unite our children’s interest with our own, as that we shall often pursue both from the same motive, place both in the same object, and with as little sense of duty in one pursuit as in the other. Where this is the case, the judgement above stated is not far from the truth. And so often as we find a solicitous care of a man’s own family, in a total absence or extreme penury of every other virtue, or interfering with other duties, or directing its operation solely to the temporal happiness of the children, placing that happiness in amusement and indulgence whilst they are young, or in advancement of fortune when they grow up, there is reason to believe that this is the case. In this way, the common opinion concerning these duties may be accounted for and defended. If we look to the subject of them, we perceive them to be indispensable: If we regard the motive, we find them often not very meritorious. Wherefore, although a man seldom rises high in our esteem who has nothing to recommend him beside the care of his own family, yet we always condemn the neglect of this duty with the utmost severity; both by reason of the manifest and immediate mischief which we see arising from this neglect, and because it argues a want not only of parental affection, but of those moral principles which ought to come in aid of that affection where it is wanting. And if, on the other hand, our praise and esteem of these duties be not proportioned to the good they produce, or to the indignation with which we resent the absence of them, it is for this reason; that virtue is the most valuable, not where it produces the most good, but where it is the most wanted: which is not the case here; because its place is often supplied by instincts, or involuntary associations. Nevertheless, the offices of a parent may be discharged from a consciousness of their obligation, as well as other duties; and a sense of this obligation is sometimes necessary to assist the stimulus of parental affection; especially in stations of life, in which the wants of a family cannot be supplied without the continual hard labour of the father, and without his refraining from many indulgences and recreations which unmarried men of like condition are able to purchase. Where the parental affection is sufficiently strong, or has fewer difficulties to surmount, a principle of duty may still be wanted to direct and regulate its exertions: for otherwise it is apt to spend and waste itself in a womanish fondness for the person of the child; an improvident attention to his present ease and gratification; a pernicious facility and compliance with his humours; an excessive and superfluous care to provide the externals of happiness, with little or no attention to the internal sources of virtue and satisfaction. Universally, wherever a parent’s conduct is prompted or directed by a sense of duty, there is so much virtue.

Having premised thus much concerning the place which parental duties hold in the scale of human virtues, we proceed to state and explain the duties themselves.

When moralists tell us, that parents are bound to do all they can for their children, they tell us more than is true; for, at that rate, every expense which might have been spared, and every profit omitted which might have been made, would be criminal.

The duty of parents has its limits, like other duties; and admits, if not of perfect precision, at least of rules definite enough for application.

These rules may be explained under the several heads of maintenance, education, and a reasonable provision for the child’s happiness in respect of outward condition.

I. Maintenance.

The wants of children make it necessary that some person maintain them: and, as no one has a right to burthen others by his act, it follows, that the parents are bound to undertake this charge themselves. Beside this plain inference, the affection of parents to their children, if it be instinctive, and the provision which nature has prepared in the person of the mother for the sustentation of the infant, concerning the existence and design of which there can be no doubt, are manifest indications of the Divine will.

Hence we learn the guilt of those who run away from their families, or (what is much the same), in consequence of idleness or drunkenness, throw them upon a parish; or who leave them destitute at their death, when, by diligence and frugality, they might have laid up a provision for their support: also of those who refuse or neglect the care of their bastard offspring, abandoning them to a condition in which they must either perish or become burthensome to others; for the duty of maintenance, like the reason upon which it is founded, extends to bastards, as well as to legitimate children.

The Christian Scriptures, although they concern themselves little with maxims of prudence or oeconomy, and much less authorise worldly mindedness or avarice, have yet declared in explicit terms their judgement of the obligation of this duty: “If any provide not for his own, especially for those of his own household, he hath denied the faith, and is worse than an infidel” (1 Tim. v. 8); he hath disgraced the Christian profession, and fallen short in a duty which even infidels acknowledge.

II. Education.

Education, in the most extensive sense of the word, may comprehend every preparation that is made in our youth for the sequel of our lives; and in this sense I use it. Some such preparation is necessary for children of all conditions, because without it they must be miserable, and probably will be vicious, when they grow up, either from want of the means of subsistence, or from want of rational and inoffensive occupation. In civilised life, every thing is effected by art and skill. Whence a person who is provided with neither (and neither can be acquired without exercise and instruction) will be useless; and he that is useless, will generally be at the same time mischievous to the community. So that to send an uneducated child into the world, is injurious to the rest of mankind; it is little better than to turn out a mad dog or a wild beast into the streets.

In the inferior classes of the community, this principle condemns the neglect of parents, who do not inure their children betimes to labour and restraint, by providing them with apprenticeships, services, or other regular employment, but who suffer them to waste their youth in idleness and vagrancy, or to betake themselves to some lazy, trifling, and precarious calling: for the consequence of having thus tasted the sweets of natural liberty, at an age when their passion and relish for it are at the highest, is, that they become incapable, for the remainder of their lives, of continued industry, or of persevering attention to any thing; spend their time in a miserable struggle between the importunity of want, and the irksomeness of regular application; and are prepared to embrace every expedient, which presents a hope of supplying their necessities without confining them to the plough, the loom, the shop, or the counting-house.

In the middle orders of society, those parents are more reprehensible, who neither qualify their children for a profession, nor enable them to live without one;* and those in the highest, who, from indolence, indulgence, or avarice, omit to procure their children those liberal attainments which are necessary to make them useful in the stations to which they are destined. A man of fortune, who permits his son to consume the season of education in hunting, shooting, or in frequenting horse-races, assemblies, or other unedifying, if not vicious, diversions, defrauds the community of a benefactor, and bequeaths them a nuisance.

Some, though not the same, preparation for the sequel of their lives, is necessary for youth of every description; and therefore for bastards, as well as for children of better expectations. Consequently, they who leave the education of their bastards to chance, contenting themselves with making provision for their subsistence, desert half their duty.

III. A reasonable provision for the happiness of a child, in respect of outward condition, requires three things: a situation suited to his habits and reasonable expectations; a competent provision for the exigencies of that situation; and a probable security for his virtue.

The first two articles will vary with the condition of the parent. A situation somewhat approaching in rank and condition to the parent’s own; or, where that is not practicable, similar to what other parents of like condition provide for their children; bounds the reasonable, as well as (generally speaking) the actual, expectations of the child, and therefore contains the extent of the parent’s obligation.

Hence, a peasant satisfies his duty, who sends out his children, properly instructed for their occupation, to husbandry or to any branch of manufacture. Clergymen, lawyers, physicians, officers in the army or navy, gentlemen possessing moderate fortunes of inheritance, or exercising trade in a large or liberal way, are required by the same rule to provide their sons with learned professions, commissions in the army or navy, places in public offices, or reputable branches of merchandise. Providing a child with a situation, includes a competent supply for the expenses of that situation, until the profits of it enable the child to support himself. Noblemen and gentlemen of high rank and fortune may be bound to transmit an inheritance to the representatives of their family, sufficient for their support without the aid of a trade or profession, to which there is little hope that a youth, who has been flattered with other expectations, will apply himself with diligence or success. In these parts of the world, public opinion has assorted the members of the community into four or five general classes, each class comprising a great variety of employments and professions, the choice of which must be committed to the private discretion of the parent.* All that can be expected from parents as a duty, and therefore the only rule which a moralist can deliver upon the subject, is that they endeavour to preserve their children in the class in which they are born, that is to say, in which others of similar expectations are accustomed to be placed; and that they be careful to confine their hopes and habits of indulgence to objects which will continue to be attainable.

It is an ill-judged thrift, in some rich parents, to bring up their sons to mean employments, for the sake of saving the charge of a more expensive education: for these sons, when they become masters of their liberty and fortune, will hardly continue in occupations by which they think themselves degraded, and are seldom qualified for any thing better.

An attention, in the first place, to the exigencies of the children’s respective conditions in the world; and a regard, in the second place, to their reasonable expectations, always postponing the expectations to the exigencies when both cannot be satisfied; ought to guide parents in the disposal of their fortunes after their death. And these exigencies and expectations must be measured by the standard which custom has established: for there is a certain appearance, attendance, establishment, and mode of living, which custom has annexed to the several ranks and orders of civil life (and which compose what is called decency), together with a certain society, and particular pleasures, belonging to each class: and a young person who is withheld from sharing in these for want of fortune, can scarcely be said to have a fair chance for happiness; the indignity and mortification of such a seclusion being what few tempers can bear, or bear with contentment. And as to the second consideration, of what a child may reasonably expect from his parent, he will expect what he sees all or most others in similar circumstances receive; and we can hardly call expectations unreasonable, which it is impossible to suppress.

By virtue of this rule, a parent is justified in making a difference between his children according as they stand in greater or less need of the assistance of his fortune, in consequence of the difference of their age or sex, or of the situations in which they are placed, or the various success which they have met with.

On account of the few lucrative employments which are left to the female sex, and by consequence the little opportunity they have of adding to their income, daughters ought to be the particular objects of a parent’s care and foresight; and as an option of marriage, from which they can reasonably expect happiness, is not presented to every woman who deserves it, especially in times in which a licentious celibacy is in fashion with the men, a father should endeavour to enable his daughters to lead a single life with independence and decorum, even though he subtract more for that purpose from the portions of his sons than is agreeable to modern usage, or than they expect.

But when the exigencies of their several situations are provided for, and not before, a parent ought to admit the second consideration, the satisfaction of his children’s expectations; and upon that principle to prefer the eldest son to the rest, and sons to daughters: which constitutes the right, and the whole right, of primogeniture, as well as the only reason for the preference of one sex to the other. The preference, indeed, of the first-born has one public good effect, that if the estate were divided equally amongst the sons, it would probably make them all idle; whereas, by the present rule of descent, it makes only one so; which is the less evil of the two. And it must further be observed on the part of the sons, that if the rest of the community make it a rule to prefer sons to daughters, an individual of that community ought to guide himself by the same rule, upon principles of mere equality. For, as the son suffers by the rule, in the fortune he may expect in marriage, it is but reasonable that he should receive the advantage of it in his own inheritance. Indeed, whatever the rule be, as to the preference of one sex to the other, marriage restores the equality. And as money is generally more convertible to profit, and more likely to promote industry, in the hands of men than of women, the custom of this country may properly be complied with, when it does not interfere with the weightier reason explained in the last paragraph.

The point of the children’s actual expectations, together with the expediency of subjecting the illicit commerce of the sexes to every discouragement which it can receive, makes the difference between the claims of legitimate children and of bastards. But neither reason will in any case justify the leaving of bastards to the world without provision, education, or profession; or, what is more cruel, without the means of continuing in the situation to which the parent has introduced them; which last is, to leave them to inevitable misery.

After the first requisite, namely, a provision for the exigencies of his situation, is satisfied, a parent may diminish a child’s portion, in order to punish any flagrant crime, or to punish contumacy and want of filial duty in instances not otherwise criminal: for a child who is conscious of bad behaviour, or of contempt of his parent’s will and happiness, cannot reasonably expect the same instances of his munificence.

A child’s vices may be of that sort, and his vicious habits so incorrigible, as to afford much the same reason for believing that he will waste or misemploy the fortune put into his power, as if he were mad or idiotish, in which case a parent may treat him as a madman or an idiot; that is, may deem it sufficient to provide for his support, by an annuity equal to his wants and innocent enjoyments, and which he may be restrained from alienating. This seems to be the only case in which a disinherison, nearly absolute, is justifiable.

Let not a father hope to excuse an inofficious disposition of his fortune, by alleging, that “every man may do what he will with his own.” All the truth which this expression contains is, that this discretion is under no control of law; and that his will, however capricious, will be valid. This by no means absolves his conscience from the obligations of a parent, or imports that he may neglect, without injustice, the several wants and expectations of his family, in order to gratify a whim or pique, or indulge a preference founded in no reasonable distinction of merit or situation. Although in his intercourse with his family, and in the lesser endearments of domestic life, a parent may not always resist his partiality to a favourite child (which, however, should be both avoided and concealed, as oftentimes productive of lasting jealousies and discontents); yet, when he sits down to make his will, these tendernesses must give place to more manly deliberations.

A father of a family is bound to adjust his oeconomy with a view to these demands upon his fortune; and until a sufficiency for these ends is acquired, or in due time probably will be acquired (for, in human affairs, probability ought to content us), frugality and exertions of industry are duties. He is also justified in the declining expensive liberality: for, to take from those who want, in order to give to those who want, adds nothing to the stock of public happiness. Thus far, therefore, and no farther, the plea of “children,” of “large families,” “charity begins at home,” &c. is an excuse for parsimony, and an answer to those who solicit our bounty. Beyond this point, as the use of riches becomes less, the desire of laying up should abate proportionably. The truth is, our children gain not so much as we imagine, in the chance of this world’s happiness, or even of its external prosperity, by setting out in it with large capitals. Of those who have died rich, a great part began with little. And, in respect of enjoyment, there is no comparison between a fortune which a man acquires by well-applied industry, or by a series of successes in his business, and one found in his possession, or received from another.

A principal part of a parent’s duty is still behind, viz. the using of proper precautions and expedients, in order to form and preserve his children’s virtue.

To us, who believe that, in one stage or other of our existence, virtue will conduct to happiness, and vice terminate in misery; and who observe withal, that men’s virtues and vices are, to a certain degree, produced or affected by the management of their youth, and the situations in which they are placed; to all who attend to these reasons, the obligation to consult a child’s virtue will appear to differ in nothing from that by which the parent is bound to provide for his maintenance or fortune. The child’s interest is concerned in the one means of happiness as well as in the other; and both means are equally, and almost exclusively, in the parent’s power.

For this purpose, the first point to be endeavoured after is, to impress upon children the idea of accountableness, that is, to accustom them to look forward to the consequences of their actions in another world; which can only be brought about by the parents visibly acting with a view to these consequences themselves. Parents, to do them justice, are seldom sparing of lessons of virtue and religion: in admonitions which cost little, and which profit less; whilst their example exhibits a continual contradiction of what they teach. A father, for instance, will, with much solemnity and apparent earnestness, warn his son against idleness, excess in drinking, debauchery, and extravagance, who himself loiters about all day without employment; comes home every night drunk; is made infamous in his neighbourhood by some profligate connexion; and wastes the fortune which should support, or remain a provision for his family, in riot, or luxury, or ostentation. Or he will discourse gravely before his children of the obligation and importance of revealed religion, whilst they see the most frivolous and oftentimes feigned excuses detain him from its reasonable and solemn ordinances. Or he will set before them, perhaps, the supreme and tremendous authority of Almighty God; that such a Being ought not to be named, or even thought upon, without sentiments of profound awe and veneration. This may be the lecture he delivers to his family one hour; when the next, if an occasion arise to excite his anger, his mirth, or his surprise, they will hear him treat the name of the Deity with the most irreverent profanation, and sport with the terms and denunciations of the Christian religion, as if they were the language of some ridiculous and long-exploded superstition. Now, even a child is not to be imposed upon by such mockery. He sees through the grimace of this counterfeited concern for virtue. He discovers that his parent is acting a part; and receives his admonitions as he would hear the same maxims from the mouth of a player. And when once this opinion has taken possession of the child’s mind, it has a fatal effect upon the parent’s influence, in all subjects; even those, in which he himself may be sincere and convinced. Whereas a silent, but observable, regard to the duties of religion, in the parent’s own behaviour, will take a sure and gradual hold of the child’s disposition, much beyond formal reproofs and chidings, which, being generally prompted by some present provocation, discover more of anger than of principle, and are always received with a temporary alienation and disgust.

A good parent’s first care is, to be virtuous himself; his second, to make his virtues as easy and engaging to those about him as their nature will admit. Virtue itself offends, when coupled with forbidding manners. And some virtues may be urged to such excess, or brought forward so unseasonably, as to discourage and repel those who observe and who are acted upon by them, instead of exciting an inclination to imitate and adopt them. Young minds are particularly liable to these unfortunate impressions. For instance, if a father’s oeconomy degenerate into a minute and teasing parsimony, it is odds but that the son, who has suffered under it, sets out a sworn enemy to all rules of order and frugality. If a father’s piety be morose, rigorous, and tinged with melancholy, perpetually breaking in upon the recreation of his family, and surfeiting them with the language of religion on all occasions, there is danger lest the son carry from home with him a settled prejudice against seriousness and religion, as inconsistent with every plan of a pleasurable life; and turn out, when he mixes with the world, a character of levity or dissoluteness.

Something likewise may be done towards the correcting or improving of those early inclinations which children discover, by disposing them into situations the least dangerous to their particular characters. Thus, I would make choice of a retired life for young persons addicted to licentious pleasures; of private stations for the proud and passionate; of liberal professions, and a town-life, for the mercenary and sottish: and not, according to the general practice of parents, send dissolute youths into the army; penurious tempers to trade; or make a crafty lad an attorney; or flatter a vain and haughty temper with elevated names, or situations, or callings, to which the fashion of the world has annexed precedency and distinction, but in which his disposition, without at all promoting his success, will serve both to multiply and exasperate his disappointments. In the same way, that is, with a view to the particular frame and tendency of the pupil’s character, I would make choice of a public or private education. The reserved, timid, and indolent, will have their faculties called forth and their nerves invigorated by a public education. Youths of strong spirits and passions will be safer in a private education. At our public schools, as far as I have observed, more literature is acquired, and more vice; quick parts are cultivated, slow ones are neglected. Under private tuition, a moderate proficiency in juvenile learning is seldom exceeded, but with more certainty attained.

Chapter 10

The Rights of Parents

The rights of parents result from their duties. If it be the duty of a parent to educate his children, to form them for a life of usefulness and virtue, to provide for them situations needful for their subsistence and suited to their circumstances, and to prepare them for those situations; he has a right to such authority, and in support of that authority to exercise such discipline as may be necessary for these purposes. The law of nature acknowledges no other foundation of a parent’s right over his children, besides his duty towards them. (I speak now of such rights as may be enforced by coercion.) This relation confers no property in their persons, or natural dominion over them, as is commonly supposed.

Since it is, in general, necessary to determine the destination of children, before they are capable of judging of their own happiness, parents have a right to elect professions for them.

As the mother herself owes obedience to the father, her authority must submit to his. In a competition, therefore, of commands, the father is to be obeyed. In case of the death of either, the authority, as well as duty, of both parents, devolves upon the survivor.

These rights, always following the duty, belong likewise to guardians; and so much of them as is delegated by the parents or guardians, belongs to tutors, school-masters, &c.

From this principle, “that the rights of parents result from their duty,” it follows that parents have no natural right over the lives of their children, as was absurdly allowed to Roman fathers; nor any to exercise unprofitable severities; nor to command the commission of crimes: for these rights can never be wanted for the purpose of a parent’s duty.

Nor, for the same reason, have parents any right to sell their children into slavery. Upon which, by the way, we may observe, that the children of slaves are not, by the law of nature, born slaves: for, as the master’s right is derived to him through the parent, it can never be greater than the parent’s own.

Hence also it appears, that parents not only pervert, but exceed, their just authority, when they consult their own ambition, interest, or prejudice, at the manifest expense of their children’s happiness. Of which abuse of parental power, the following are instances: the shutting up of daughters and younger sons in nunneries and monasteries, in order to preserve entire the estate and dignity of the family; or the using of any arts, either of kindness or unkindness, to induce them to make choice of this way of life themselves; or, in countries where the clergy are prohibited from marriage, putting sons into the church for the same end, who are never likely either to do or receive any good in it, sufficient to compensate for this sacrifice; the urging of children to marriages from which they are averse, with the view of exalting or enriching the family, or for the sake of connecting estates, parties, or interests; or the opposing of a marriage, in which the child would probably find his happiness, from a motive of pride or avarice, of family hostility, or personal pique.

Chapter 11

The Duty of Children

The Duty of Children may be considered,

I. During childhood.

II. After they have attained to manhood, but continue in their father’s family.

III. After they have attained to manhood, and have left their father’s family.

I. During childhood.

Children must be supposed to have attained to some degree of discretion before they are capable of any duty. There is an interval of eight or nine years between the dawning and the maturity of reason, in which it is necessary to subject the inclination of children to many restraints, and direct their application to many employments, of the tendency and use of which they cannot judge; for which cause, the submission of children during this period must be ready and implicit, with an exception, however, of any manifest crime which may be commanded them.

II. After they have attained to manhood, but continue in their father’s family.

If children, when they are grown up, voluntarily continue members of their father’s family, they are bound, beside the general duty of gratitude to their parents, to observe such regulations of the family as the father shall appoint; contribute their labour to its support, if required; and confine themselves to such expenses as he shall allow. The obligation would be the same, if they were admitted into any other family, or received support from any other hand.

III. After they have attained to manhood, and have left their father’s family.

In this state of the relation, the duty to parents is simply the duty of gratitude; not different in kind, from that which we owe to any other benefactor; in degree, just so much exceeding other obligations, by how much a parent has been a greater benefactor than any other friend. The services and attentions, by which filial gratitude may be testified, can be comprised within no enumeration. It will show itself in compliances with the will of the parents, however contrary to the child’s own taste or judgement, provided it be neither criminal, nor totally inconsistent with his happiness; in a constant endeavour to promote their enjoyments, prevent their wishes, and soften their anxieties, in small matters as well as in great; in assisting them in their business; in contributing to their support, ease, or better accommodation, when their circumstances require it; in affording them our company, in preference to more amusing engagements; in waiting upon their sickness or decrepitude; in bearing with the infirmities of their health or temper, with the peevishness and complaints, the unfashionable, negligent, austere manners, and offensive habits, which often attend upon advanced years: for where must old age find indulgence, if it do not meet with it in the piety and partiality of children?

The most serious contentions between parents and their children are those commonly which relate to marriage, or to the choice of a profession.

A parent has, in no case, a right to destroy his child’s happiness. If it be true, therefore, that there exist such personal and exclusive attachments between individuals of different sexes, that the possession of a particular man or woman in marriage be really necessary for the child’s happiness; or, if it be true, that an aversion to a particular profession may be involuntary and unconquerable; then it will follow, that parents, where this is the case, ought not to urge their authority, and that the child is not bound to obey it.

The point is, to discover how far, in any particular instance, this is the case. Whether the fondness of lovers ever continues with such intensity, and so long, that the success of their desires constitutes, or the disappointment affects, any considerable portion of their happiness, compared with that of their whole life, it is difficult to determine: but there can be no difficulty in pronouncing, that not one half of those attachments, which young people conceive with so much haste and passion, are of this sort. I believe it also to be true, that there are few aversions to a profession, which resolution, perseverance, activity in going about the duty of it, and, above all, despair of changing, will not subdue: yet there are some such. Wherefore, a child who respects his parents’ judgement, and is, as he ought to be, tender of their happiness, owes, at least, so much deference to their will, as to try fairly and faithfully, in one case, whether time and absence will not cool an affection which they disapprove; and, in the other, whether a longer continuance in the profession which they have chosen for him may not reconcile him to it. The whole depends upon the experiment being made on the child’s part with sincerity, and not merely with a design of compassing his purpose at last, by means of a simulated and temporary compliance. It is the nature of love and hatred, and of all violent affections, to delude the mind with a persuasion that we shall always continue to feel them as we feel them at present; we cannot conceive that they will either change or cease. Experience of similar or greater changes in ourselves, or a habit of giving credit to what our parents, or tutors, or books, teach us, may control this persuasion, otherwise it renders youth very untractable: for they see clearly and truly that it is impossible they should be happy under the circumstances proposed to them, in their present state of mind. After a sincere but ineffectual endeavour, by the child, to accommodate his inclination to his parent’s pleasure, he ought not to suffer in his parent’s affection, or in his fortunes. The parent, when he has reasonable proof of this, should acquiesce; at all events, the child is then at liberty to provide for his own happiness.

Parents have no right to urge their children upon marriages to which they are averse: nor ought, in any shape, to resent the children’s disobedience to such commands. This is a different case from opposing a match of inclination, because the child’s misery is a much more probable consequence; it being easier to live without a person that we love, than with one whom we hate. Add to this, that compulsion in marriage necessarily leads to prevarication; as the reluctant party promises an affection, which neither exists, nor is expected to take place: and parental, like all human authority, ceases at the point where obedience becomes criminal.

In the above-mentioned, and in all contests between parents and children, it is the parent’s duty to represent to the child the consequences of his conduct; and it will be found his best policy to represent them with fidelity. It is usual for parents to exaggerate these descriptions beyond probability, and by exaggeration to lose all credit with their children; thus, in a great measure, defeating their own end.

Parents are forbidden to interfere, where a trust is reposed personally in the son; and where, consequently, the son was expected, and by virtue of that expectation is obliged, to pursue his own judgement, and not that of any other: as is the case with judicial magistrates in the execution of their office; with members of the legislature in their votes; with electors, where preference is to be given to certain prescribed qualifications. The son may assist his own judgement by the advice of his father, or of any one whom he chooses to consult: but his own judgement, whether it proceed upon knowledge or authority, ought finally to determine his conduct.

The duty of children to their parents was thought worthy to be made the subject of one of the Ten Commandments; and, as such, is recognised by Christ, together with the rest of the moral precepts of the Decalogue, in various places of the Gospel.

The same divine Teacher’s sentiments concerning the relief of indigent parents, appear sufficiently from that manly and deserved indignation with which he reprehended the wretched casuistry of the Jewish expositors, who, under the name of a tradition, had contrived a method of evading this duty, by converting, or pretending to convert, to the treasury of the temple, so much of their property as their distressed parent might be entitled by their law to demand.

Agreeably to this law of Nature and Christianity, children are, by the law of England, bound to support, as well their immediate parents, as their grandfather and grandmother, or remoter ancestors, who stand in need of support.

Obedience to parents is enjoined by St. Paul to the Ephesians: “Children, obey your parents in the Lord, for this is right”; and to the Colossians: “Children, obey your parents in all things, for this is well-pleasing unto the Lord.”*

By the Jewish law, disobedience to parents was in some extreme cases capital: Deut. xxi. 18.

Book IV

Duties to Ourselves

This division of the subject is retained merely for the sake of method, by which the writer and the reader are equally assisted. To the subject itself it imports nothing; for, the obligation of all duties being fundamentally the same, it matters little under what class or title any of them are considered. In strictness, there are few duties or crimes which terminate in a man’s self; and so far as others are affected by their operation, they have been treated of in some article of the preceding book. We have reserved, however, to this head the rights of self-defence; also the consideration of drunkenness and suicide, as offences against that care of our faculties, and preservation of our persons, which we account duties, and call duties to ourselves.

[* ]Of this passion it has been truly said, that “irregularity has no limits; that one excess draws on another; that the most easy, therefore, as well as the most excellent way of being virtuous, is to be so entirely.” Ogden, Serm. xvi.

[* ]Yet the law has provided no punishment for this offence beyond a pecuniary satisfaction to the injured family; and this can only be come at, by one of the quaintest fictions in the world; by the father’s bringing his action against the seducer, for the loss of his daughter’s service, during her pregnancy and nurturing.

[* ]The Roman law continued the prohibition to the descendants of brothers and sisters without limits. In the Levitical and English law, there is nothing to hinder a man from marrying his great-niece.

[* ]This equality is not exact. The number of male infants exceeds that of females in the proportion of nineteen to eighteen, or thereabouts: which excess provides for the greater consumption of males by war, seafaring, and other dangerous or unhealthy occupations.

[* ]Nothing, I mean, compared with a state in which marriage is nearly universal. Where marriages are less general, and many women unfruitful from the want of husbands, polygamy might at first add a little to population; and but a little: for, as a variety of wives would be sought chiefly from temptations of voluptuousness, it would rather increase the demand for female beauty, than for the sex at large. And this little would soon be made less by many deductions. For, first, as none but the opulent can maintain a plurality of wives, where polygamy obtains, the rich indulge in it, while the rest take up with a vague and barren incontinency. And, secondly, women would grow less jealous of their virtue, when they had nothing for which to reserve it, but a chamber in the haram; when their chastity was no longer to be rewarded with the rights and happiness of a wife, as enjoyed under the marriage of one woman to one man. These considerations may be added to what is mentioned in the text, concerning the easy and early settlement of children in the world.

[* ]See Deut. xvii. 17; xxi. 15.

[† ]“I say unto you, Whosoever shall put away his wife, except it be for fornication, and shall marry another, committeth adultery.”

[* ]It was not, however, in Christian countries required that marriages should be celebrated in churches, till the thirteenth century of the Christian aera. Marriages in England during the Usurpation, were solemnised before justices of the peace: but for what purpose this novelty was introduced, except to degrade the clergy, does not appear.

[* ]The ancient Assyrians sold their beauties by an annual auction. The prices were applied by way of portions to the more homely. By this contrivance, all of both sorts were disposed of in marriage.

[* ]Cùm vis prolem procreandi diutiùs haereat in mare quàm in foeminâ, populi numerus nequaquam minuetur, si seriùs venerem colere inceperint viri.

[* ]Amongst the Athenians, if the parent did not put his child into a way of getting a livelihood, the child was not bound to make provision for the parent when old and necessitous.

[* ]The health and virtue of a child’s future life are considerations so superior to all others, that whatever is likely to have the smallest influence upon these, deserves the parent’s first attention. In respect of health, agriculture, and all active, rural, and out-of-door employments are to be preferred to manufactures and sedentary occupations. In respect of virtue, a course of dealings in which the advantage is mutual, in which the profit on one side is connected with the benefit of the other (which is the case in trade, and all serviceable art or labour), is more favourable to the moral character, than callings in which one man’s gain is another man’s loss; in which what you acquire, is acquired without equivalent, and parted with in distress; as in gaming, and whatever partakes of gaming, and in the predatory profits of war. The following distinctions also deserve notice: A business, like a retail trade, in which the profits are small and frequent, and accruing from the employment, furnishes a moderate and constant engagement to the mind, and, so far, suits better with the general disposition of mankind, than professions which are supported by fixed salaries, as stations in the church, army, navy, revenue, public offices, &c. or wherein the profits are made in large sums, by a few great concerns, or fortunate adventures; as in many branches of wholesale and foreign merchandise, in which the occupation is neither so constant, nor the activity so kept alive by immediate encouragement. For security, manual arts exceed merchandise, and such as supply the wants of mankind are better than those which minister to their pleasures. Situations which promise an early settlement in marriage, are, on many accounts, to be chosen before those which require a longer waiting for a larger establishment.

[* ]Upon which two phrases, “this is right,” and, “for this is well-pleasing unto the Lord,” being used by St. Paul in a sense perfectly parallel, we may observe, that moral rectitude, and conformity to the Divine will, were in his apprehension the same.