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CHARGES

ON

RELIGIOUS AND MORAL SUBJECTS.

UPON HUMAN AND DIVINE LAWS, AND

THEIR CONSEQUENCES.

[DELIVERED AT READING, APRIL 4, 1796.]

Gentlemen of the Grand Jury,

THERE is no position more

evidently true, than that man is a free agent. If we consult what passes in our own bosoms, we shall plainly discover, that every step we take in life, is the effect of preference or choice ; and is the result, either of a momentary, or deliberate view of the object pursued.

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Upon the supposition of man's free agency, the laws of every country are founded, whether they afford redress for injuries by pecuniary compensation, or inflict punishment by way of example. In both cases, they take for granted, that every man possesses such a degree of self-government, as to be able to regulate both his words and actions, so as to render justice to his fellow-creatures, and to avoid every thing that may be injurious to their interests, or to their happiness.

Some theoretical writers have indeed said a great deal about liberty and necessity; and would fain persuade us, that while we act voluntarily, we act necessarily. But such ingenious speculations answer no other purpose, than to display the acuteness of the human understanding; and may possibly amuse, without doing mischief. The common sense of mankind, uncorrupted by philosophical jargon, hath uniformly borne the most decided testimony to the fact, that man is a rational being, and therefore accountable for his actions. In all ages and nations, both barbarous and civilized, the universal practice of punishing malefactors, leaves not the smallest room

for doubt

upon the subject. For, unless men are free agents, punishments, of every kind, would be nothing but scenes of horrid injustice, and the most preposterous cruelty.

We shall then assume it as a position, not to be controverted, that man is a fit subject of moral government; and therefore responsible at the bar of human and divine authority, for the abuse of his free agency.

Human laws are such as are made by mankind under different forms of government, to regulate their actions as members of society. Divine laws are those ordained by the Supreme Being, for the direction and superin-tendance of his rational creatures, both as individuals, and in their social relations...

A law consists of two parts, the precept and the penalty; or as it is sometimes expressed, of a command and sanction. Thus, when our law says, "Thou shalt not steal,'

this is the precept or command. And when it is added, "whoever is convicted of -stealing shall be punished with imprisonment at hard labour,"this is the penalty or sanction. So the divine law, which says, "Thou shalt not take the name of the Lord thy Go

in vain," this is the precept or command; and then follows the penalty; "for the Lord thy God will not hold him guiltless," that is, he will certainly punish "him that taketh his name in vain."

Laws, whether human or divine, are either natural or positive. By the natural or moral law is understood, that law which is founded upon the eternal reason and fitness of things, and enjoins those duties, which, as dependent creatures, we owe to our Creator, and to each other, and which necessarily result from those relations. Of this kind are gratitude to God, and justice to our fellow-creatures; because these are duties which are unchangeably binding in every situation.. Murder also, and blasphemy, being in themselves universally evil, in every age and nation, are acknowledged to be crimes forbidden by the moral or natural law. It is impossible that mankind can be ever free from obligations of love and gratitude to God, and of justice to each other; or that they can be placed in circumstances, which will give a right to murder or blaspheme. Such laws are therefore said to be perpetually binding.

Gentlemen,

By a positive law, is understood a law, which does not necessarily flow from the nature of things, but is founded solely on the will of the law-giver, and adapted to some particular time or occasion. Of this nature is the divine law, which forbids all kind of unnecessary labour on the Sabbath-day; and the human law, which forbids the obstructing our high-ways, or navigable waters. Having thus explained to you, the nature of a law, and the different kinds, I proceed to observe, that the great end of all laws, both human and divine, is the same, viz. the happiness of those who are the subjects of them. In this respect all laws are alike. But notwithstanding this, there are many striking differences between human and divine laws, as we shall see, by comparing them, and pointing out the circumstances that mark the discrimination.

Our laws inflict the same punishment upon all offenders, guilty of the same crime; a mode of proceeding, which however equitable it may appear on first view, cannot be a just measure of retribution. Some persons