law: All other particular laws are subordinate to it, and dependent on it: And if, in the COMMON course of things, they be followed and regarded; it is only because the public safety and interest COMMONLY demand so equal and impartial an administration.

Sometimes both UTILITY and ANALOGY fail, and leave the laws of justice in total uncertainty. Thus, it is highly requisite, that prescription or long possession should convey property; but what number of days or months or years should be sufficient for that purpose, it is impossible for reason alone to determine. CIVIL LAWS here supply the place of the natural CODE, and assign different terms for prescription, according to the different UTILITIES, proposed by the legislator. Bills of exchange and promissory notes, by the laws of most countries, prescribe sooner than bonds, and mortgages, and contracts of a more formal nature.

In general we may observe that all questions of property are subordinate to the authority of civil laws, which extend, restrain, modify, and alter the rules of natural justice, according to the particular CONVENIENCE of each community. The laws have, or ought to have, a constant reference to the constitution of government, the manners, the climate, the religion, the commerce, the situation of each society. A late author of genius, as well as learning, has prosecuted this subject at large, and has established, from these principles, a system of political knowledge, which abounds in ingenious and brilliant thoughts, and is not wanting in solidity.

[Footnote: The author of L'ESPRIT DES LOIX, This illustrious writer, however, sets out with a different theory, and supposes all right to be founded on certain RAPPORTS or relations; which is a system, that, in my opinion, never will be reconciled with true philosophy. Father Malebranche, as far as I can learn, was the first that started this abstract theory of morals, which was afterwards adopted by Cudworth, Clarke, and others; and as it excludes all sentiment, and pretends to found everything on reason, it has not wanted followers in this philosophic age. See Section I, Appendix I. With regard to justice, the virtue here treated of, the inference against this theory seems short and conclusive. Property is allowed to be dependent on civil laws; civil laws are allowed to have no other object, but the interest of society: This therefore must be allowed to be the sole foundation of property and justice. Not to mention, that our obligation itself to obey the magistrate and his laws is founded on nothing but the interests of society.

If the ideas of justice, sometimes, do not follow the dispositions of civil law; we shall find, that these cases, instead of objections, are confirmations of the theory delivered above. Where a civil law is so perverse as to cross all the interests of society, it loses all its authority, and men judge by the ideas of natural justice, which are conformable to those interests. Sometimes also civil laws, for useful purposes, require a ceremony or form to any deed; and where that is wanting, their decrees run contrary to the usual tenour of justice; but one who takes advantage of such chicanes, is not commonly regarded as an honest man. Thus, the interests of society require, that contracts be fulfilled; and there is not a more material article either of natural or civil justice: But the omission of a trifling circumstance will often, by law, invalidate a contract, in foro humano, but not in foro conscientiae, as divines express themselves. In these cases, the magistrate is supposed only to withdraw his power of enforcing the right, not to have altered the right. Where his intention extends to the right, and is conformable to the interests of society; it never fails to alter the right; a clear proof of the origin of justice and of property, as assigned above.]

WHAT IS A MAN'S PROPERTY? Anything which it is lawful for him, and for him alone, to use. BUT WHAT RULE HAVE WE, BY WHICH WE CAN DISTINGUISH THESE OBJECTS? Here we must have recourse to statutes, customs, precedents, analogies, and a hundred other circumstances; some of which are constant and inflexible, some variable and arbitrary. But the ultimate point, in which they all professedly terminate, is the interest and happiness of human society. Where this enters not into consideration, nothing can appear more whimsical, unnatural, and even superstitious, than all or most of the laws of justice and of property.

Those who ridicule vulgar superstitions, and expose the folly of particular regards to meats, days, places, postures, apparel, have an easy task; while they consider all the qualities and relations of the objects, and discover no adequate cause for that affection or antipathy, veneration or horror, which have so mighty an influence over a considerable part of mankind. A Syrian would have starved rather than taste pigeon; an Egyptian would not have approached bacon: But if these species of food be examined by the senses of sight, smell, or taste, or scrutinized by the sciences of chemistry, medicine, or physics, no difference is ever found between them and any other species, nor can that precise circumstance be pitched on, which may afford a just foundation for the religious passion. A fowl on Thursday is lawful food; on Friday abominable: Eggs in this house and in this diocese, are permitted during Lent; a hundred paces farther, to eat them is a damnable sin. This earth or building, yesterday was profane; to-day, by the muttering of certain words, it has become holy and sacred. Such reflections as these, in the mouth of a philosopher, one may safely say, are too obvious to have any influence; because they must always, to every man, occur at first sight; and where they prevail not, of themselves, they are surely obstructed by education, prejudice, and passion, not by ignorance or mistake.

It may appear to a careless view, or rather a too abstracted reflection, that there enters a like superstition into all the sentiments of justice; and that, if a man expose its object, or what we call property, to the same scrutiny of sense and science, he will not, by the most accurate enquiry, find any foundation for the difference made by moral sentiment. I may lawfully nourish myself from this tree; but the fruit of another of the same species, ten paces off, it is criminal for me to touch. Had I worn this apparel an hour ago, I had merited the severest punishment; but a man, by pronouncing a few magical syllables, has now rendered it fit for my use and service. Were this house placed in the neighbouring territory, it had been immoral for me to dwell in it; but being built on this side the river, it is subject to a different municipal law, and by its becoming mine I incur no blame or censure. The same species of reasoning it may be thought, which so successfully exposes superstition, is also applicable to justice; nor is it possible, in the one case more than in the other, to point out, in the object, that precise quality or circumstance, which is the foundation of the sentiment.

But there is this material difference between SUPERSTITION and JUSTICE, that the former is frivolous, useless, and burdensome; the latter is absolutely requisite to the well-being of mankind and existence of society. When we abstract from this circumstance (for it is too apparent ever to be overlooked) it must be confessed, that all regards to right and property, seem entirely without foundation, as much as the grossest and most vulgar superstition. Were the interests of society nowise concerned, it is as unintelligible why another's articulating certain sounds implying consent, should change the nature of my actions with regard to a particular object, as why the reciting of a liturgy by a priest, in a certain habit and posture, should dedicate a heap of brick and timber, and render it, thenceforth and for ever, sacred.

[Footnote: It is evident, that the will or consent alone never transfers property, nor causes the obligation of a promise (for the same reasoning extends to both), but the will must be expressed by words or signs, in order to impose a tie upon any man. The expression being once brought in as subservient to he will, soon becomes the principal part of the promise; nor will a man be less bound by his word, though he secretly give a different direction to his intention, and withhold the assent of his mind. But though the expression makes, on most occasions, the whole of the promise, yet it does not always so; and one who should make use of any expression, of which he knows not the meaning, and which he uses without any sense of the consequences, would not certainly be bound by it. Nay, though he know its meaning, yet if he use it in jest only, and with such signs as evidently show, that he has no serious intention of binding himself, he would not lie under any obligation of performance; but it is necessary, that the words be a perfect expression of the will, without any contrary signs. Nay, even this we must not carry so far as to imagine, that one, whom, by our quickness of understanding, we conjecture, from certain signs, to have an intention of deceiving us, is not bound by his expression or verbal promise, if we accept of it; but must limit this conclusion to those cases where the signs are of a different nature from those of deceit. All these contradictions are easily accounted for, if justice arise entirely from its usefulness to society; but will never be explained on any other hypothesis.

It is remarkable that the moral decisions of the JESUITS and other relaxed casuists, were commonly formed in prosecution of some such subtilties of reasoning as are here pointed out, and proceed as much from the habit of scholastic refinement as from any corruption of the heart, if we may follow the authority of Mons. Bayle. See his Dictionary, article Loyola. And why has the indignation of mankind risen so high against these casuists; but because every one perceived, that human society could not subsist were such practices authorized, and that morals must always be handled with a view to public interest, more than philosophical regularity? If the secret direction of the intention, said every man of sense, could invalidate a contract; where is our security? And yet a metaphysical schoolman might think, that, where an intention was supposed to be requisite, if that intention really had not place, no consequence ought to follow, and no obligation be imposed. The casuistical subtilties may not be greater than the snbtilties of lawyers, hinted at above; but as the former are PERNICIOUS, and the latter INNOCENT and even NECESSARY, this is the reason of the very different reception they meet with from the world.

It is a doctrine of the Church of Rome, that the priest, by a secret direction of his intention, can invalidate any sacrament. This position is derived from a strict and regular prosecution of the obvious truth, that empty words alone, without any meaning or intention in the speaker, can never be attended with any effect. If the same conclusion be not admitted in reasonings concerning