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By Root 1339 0

the other hand, do not so much examine what it is, that might properly be exacted by force, as what it is, that the person who owes the obligation ought to think himself bound to perform from the most sacred and scrupulous regard to the general rules of justice, and from the most conscientious dread, either of wronging his neighbour, or of violating the integrity of his own character. It is the end of jurisprudence to prescribe rules for the decisions of judges and arbiters. It is the end of casuistry to prescribe rules for the conduct of a good man. By observing all the rules of jurisprudence, supposing them ever so perfect, we should deserve nothing but to be free from external punishment. By observing those of casuistry, supposing them such as they ought to be, we should be entitled to considerable praise, by the exact and scrupulous delicacy of our behaviour.

It may frequently happen that a good man ought to think himself bound, from a sacred and conscientious regard to the general rules of justice, to perform many things which it would be the highest injustice to extort from him, or for any judge or arbiter to impose upon him by force. To give a trite example; a highwayman,3 by the fear of death, obliges a traveller to promise him a certain sum of money. Whether such a promise, extorted in this manner by unjust force, ought to be regarded as obligatory, is a question that has been very much debated. 4

If we consider it merely as a question of jurisprudence, the decision can admit of no doubt. It would be absurd to suppose that the highwayman can be entitled to use force to constrain the other to perform. To extort the promise was a crime which deserved the highest punishment, and to extort the performance would only be adding a new crime to the former. He can complain of no injury who has been only deceived by the person by whom he might justly have been killed. To suppose that a judge ought to enforce the obligation of such promises, or that the magistrate ought to allow them to sustain action at law, would be the most ridiculous of all absurdities. If we consider this question, therefore, as a question of jurisprudence, we can be at no loss about the decision.

But if we consider it as a question of casuistry, it will not be so easily determined. Whether a good man, from a conscientious regard to that most sacred rule of justice, which commands the observance of all serious promises, would not think himself bound to perform, is at least much more doubtful. That no regard is due to the disappointment of the wretch who brings him into this situation, that no injury is done to the robber, and consequently that nothing can be extorted by force, will admit of no sort of dispute. But whether some regard is not, in this case, due to his own dignity and honour, to the inviolable sacredness of that part of his character which makes him reverence the law of truth and abhor every thing that approaches to treachery and falsehood, may, perhaps, more reasonably be made a question. The casuists accordingly are greatly divided about it. One party, with whom we may count Cicero among the ancients, among the moderns, Puffendorf, Barbeyrac his commentator, and above all the late Dr. Hutcheson, one who in most cases was by no means a loose casuist, determine, without any hesitation, that no sort of regard is due to any such promise, and that to think otherwise is mere weakness and superstition.5 Another party, among whom we may reckonac some of the ancient fathers of the church, as well as some very eminent modern casuists, have been of another opinion, and have judged all such promises obligatory.6

If we consider the matter according to the common sentiments of mankind, we shall find that some regard would be thought due even to a promise of this kind; but that it is impossible to determine how much, by any general rule that will apply to all cases without exception. The man who was quite frank and easy in making promises of this kind, and who violated them with as little ceremony, we should not chuse for our friend and companion.