they choose, all the duties which his predecessors have discharged; and as the person elected cannot be ignorant of their expectation, if he meant to have refused this condition, he ought to have apprised them of his objection.

And here let it be observed, that the electors can excuse the conscience of the person elected, from this last class of duties alone; because this class results from a contract to which the electors and the person elected are the only parties. The other class of duties results from a different contract.

It is a question of some magnitude and difficulty, what offices may be conscientiously supplied by a deputy.

We will state the several objections to the substitution of a deputy; and then it will be understood, that a deputy may be allowed in all cases to which these objections do not apply.

An office may not be discharged by deputy,

1. Where a particular confidence is reposed in the judgment and conduct of the person appointed to it; as the office of a steward, guardian, judge, commanderin-chief by land or sea.

2. Where the custom hinders; as in the case of schoolmasters, tutors, and of commissions in the army

or navy.

3. Where the duty cannot, from its nature, be so well performed by a deputy; as the deputy-governor of a province may not possess the legal authority, or the actual influence, of his principal.

4. When some inconvenience would result to the service in general from the permission of deputies in such cases: for example, it is probable that military merit would be much discouraged, if the duties belonging to commissions in the army were generally allowed to be executed by substitutes.

The non-residence of the parochial clergy, who supply the duty of their benefices by curates, is worthy of a more distinct consideration. And in order to draw the question upon this case to a point, we will suppose the officiating curate to discharge every duty which his principal, were he present, would be bound to discharge, and in a manner equally beneficial to the parish; under which circumstances, the only objection to the absence of the principal, at least the only one of the foregoing objections, is the last.

And, in my judgment, the force of this objection will be much diminished, if the absent rector or vicar be, in the meantime, engaged in any function or employment of equal, or of greater, importance to the general interest of religion. For the whole revenue of the national church may properly enough be considered as a common fund for the support of the national religion; and if a clergyman be serving the cause of Christianity and Protestantism, it can make little difference out of what particular portion of this fund, that is, by the tithes and glebe of what particular parish, his service be requited; any more than it can prejudice the King's service, that an officer who has signalised his merit in America, should be rewarded with the government of a fort or castle in Ireland, which he never saw; but for the custody of which, proper provision is made, and care taken.

Upon the principle thus explained, this indulgence is due to none more than to those who are occupied in cultivating or communicating religious knowledge, or the sciences subsidiary to religion.

This way of considering the revenues of the church, as a common fund for the same purpose, is the more equitable, as the value of particular preferments bears no proportion to the particular charge or labour.

But when a man draws upon this fund, whose studies and employments bear no relation to the object of it, and

VOL. I.

1

who is no farther a minister of the Christian religion, than as a cockade makes a soldier, it seems a misapplication little better than a robbery.

And to those who have the management of such matters I submit this question, whether the impoverishment of the fund, by converting the best share of it into annuities for the gay and illiterate youth of great families, threatens not to starve and stifle the little clerical merit that is left amongst us?

All legal dispensations from residence proceed up on the supposition, that the absentee is detained from his living by some engagement of equal or of greater public importance. Therefore, if, in a case where no such reason can with truth be pleaded, it be said, that this question regards a right of property, and that all right of property awaits the disposition of law; that therefore, if the law, which gives a man the emoluments of a living, excuse him from residing upon it, he is excused in conscience; we answer that the law does not excuse him by intention, and that all other excuses are fraudulent.

CHAP. XV.

LIES.

A LIE is a breach of promise: for whoever seriously addresses his discourse to another, tacitly promises to speak the truth, because he knows that the truth is expected.

Or the obligation of veracity may be made out from the direct ill consequences of lying to social happiness; which consequences consist, either in some specific injury to particular individuals, or in the destruction of that confidence which is essential to the intercourse of human life; for which latter reason, a lie be per

may

nicious in its general tendency, and therefore criminal, though it produce no particular or visible mischief to any one.

There are falsehoods which are not lies; that is, which are not criminal: as,

1. Where no one is deceived; which is the case in parables, fables, novels, jests, tales to create mirth, ludicrous embellishments of a story, where the declared design of the speaker is not to inform, but to divert; compliments in the subscription of a letter, a servant's denying his master, a prisoner's pleading not guilty, an advocate asserting the justice, or his belief of the justice, of his client's cause. In such instances, no confidence is destroyed, because none was reposed; no promise to speak the truth is violated, because none was given, or understood to be given.

2. Where the person to whom you speak has no right to know the truth, or, more properly, where little or no inconvenience results from the want of confidence in such cases; as where you tell a falsehood to a madman, for his own advantage; to a robber, to conceal your property; to an assassin, to defeat or divert him from his purpose. The particular consequence is by the supposition beneficial; and, as to the general consequence, the worst that can happen is, that the madman, the robber, the assassin, will not trust you again; which (beside that the first is incapable of reducing regular conclusions from having been once deceived, and the last two not likely to come a second time in your way) is sufficiently compensated by the immediate benefit which you propose by the falsehood.

It is upon this principle, that, by the laws of war, it is allowed to deceive an enemy by feints, false colours,*

There have been two or three instances of late, of English ships decoying an enemy into their power, by counterfeiting signals of distress; an artifice which ought to be reprobated by the common

spies, false intelligence, and the like; but by no means in treaties, truces, signals of capitulation or surrender: and the difference is, that the former suppose hostilities to continue, the latter are calculated to terminate or suspend them. In the conduct of war, and whilst the war continues, there is no use, or rather no place, for confidence betwixt the contending parties; but in whatever relates to the termination of war, the most religious fidelity is expected, because without it wars could not cease, nor the victors be secure, but by the entire destruction of the vanquished.

Many people indulge, in serious discourse, a habit of fiction and exaggeration, in the accounts they give of themselves, of their acquaintance, or of the extraordinary things which they have seen or heard: and so long as the facts they relate are indifferent, and their narratives, though false, are inoffensive, it may seem a superstitious regard to truth to censure them merely for truth's sake.

In the first place, it is almost impossible to pronounce beforehand, with certainty, concerning any lie, that it is inoffensive. Volat irrevocabile, and collects sometimes accretions in its flight, which entirely change its nature. It may owe possibly its mischief to the officiousness or misrepresentation of those who circulate it; but the mischief is, nevertheless, in some degree, chargeable upon the original editor.

In the next place, this liberty in conversation defeats its own end. Much of the pleasure, and all the benefit, of conversation, depends upon our opinion of the speaker's veracity: for which this rule leaves no foundation. The faith indeed of a hearer must be

indignation of mankind! for, a few examples of captures effected by this stratagem, would put an end to that promptitude in affording assistance to ships in distress, which is the best virtue in a seafaring character, and by which the perils of navigation are diminished to all.-A. D. 1775.