صور الصفحة
PDF
النشر الإلكتروني

chapter of" identity and diversity;" concerning the justness whereof, I have yet the same opinion as formerly. But one thought suggested itself to me, which on my first reading did not occur. It relates

to sect. 22, wherein the reason you give, why the law may justly punish a sober man, for what he did when drunk, or a waking man, for what he did when walking in his sleep, though it be true and full in the case of the night-walker, yet I conceive it not so full in the case of the drunken man. For drunkenness is itself a crime, and therefore no one shall allege it an excuse of another crime. And in the law we find, "that killing a man by chance-medley is not capital;" yet if I am doing an unlawful act, as shooting at a deer in a park, to steal it, and by chance-medley I kill a man unawares, this is capital; because the act wherein I was engaged, and which was the occasion of this mischief, was in itself unlawful, and I cannot plead it in excuse. In the case of the night-walker, your answer is true, full, and satisfactory; but that in the drunkard's case is somewhat short. The night-walking is a sort of distemper, not to be helped, or prevented, by the patient. But drunkenness is a deliberate act, which a man may easily avoid and prevent. Moreover, whatever the law appoints in this case, I think, were I on the jury of one, who walking in his sleep had killed another, I should not violate a good conscience, if I acquitted him; for he is certainly, during those fits, "non compos mentis ;" and it were easy to distinguish, by circumstances, how far he counterfeited, or not.

You will very much oblige me by a line or two, to let me know how forward your work is, and what other things you have on the anvil before you; amongst which, I hope you will not forget your Thoughts on Morality. For I am obliged to prosecute this request to you, being the first, I presume, that moved you in it.

There is a gentleman in this town, one capt. Henry Monk, a nigh relation of the Albemarles, who tells me he has been known to you long ago; and on all occa

sions mentions you with the highest respects. He desired me, the other day, to give you his most humble service. I am,

Dear Sir,

Your most obedient servant,

WILL. MOLYNEUX.

for

Mr. Locke to Mr. Molyneux.

HONOURED SIR,

Oates, 19 Jan,-93-4.

I CAN take it for no other, than a great mark of your kindness to me, that you spend so much of your time in the perusal of my thoughts, when you have so much better of your own to improve it. To which you add this farther obligation, that you read my book my instruction, still taking notice to me of what you judge amiss in it. This is a good office that so few in the world perform in the way that you do, that it deserves my particular acknowledgment. And I own myself no less beholden to you, when I differ from you, than when, convinced by your better judgment, you give me opportunity to mend what before was amiss; your intention being that, to which I equally, in both cases, owe my gratitude.

You doubt, whether my answer be full in the case of the drunkard. To try whether it be or no, we must consider what I am there doing. As I remember (for I have not that chapter here by me) I am there showing that punishment is annexed to personality, and personality to consciousness: how then can a drunkard be punished for what he did, whereof he is not conscious? To this I answer, human judicatures justly punish him, because the fact is proved against him; but want of consciousness cannot be proved for him. This you think not sufficient, but would have me add the common reason, that drunkenness being a crime, one crime

cannot be alleged in excuse for another. This reason, how good soever, cannot, I think, be used by me, as not reaching my case; for what has this to do with consciousness? Nay, it is an argument against me, for if a man may be punished for any crime which he committed when drunk, whereof he is allowed not to be conscious, it overturns my hypothesis. Your case of shooting a man by chance, when stealing a deer, being made capital, and the like, I allow to be just; but then, pray consider, it concerns not my argument; there being no doubt of consciousness in that case, but only shows, that any criminal action infects the consequences of it. But drunkenness has something peculiar in it, when it destroys consciousness; and so the instances you bring justify not the punishing of a drunken fact, that was totally and irrecoverably forgotten; which the reason that I give being sufficient to do, it well enough removed the objection, without entering into the true foundation of the thing, and showing how far it was reasonable for human justice to punish a crime of a drunkard, which he could be supposed not conscious of, which would have uselessly engaged me in a very large discourse, and an impertinent digression. For I ask you, if a man, by intemperate drinking, should get a fever, and in the frenzy of his disease (which lasted not, perhaps, above an hour), committed some crime, would you punish him for it? If you would not think this just, how can you think it just to punish him for any fact committed in a drunken frenzy, without a fever? Both had the same criminal cause, drunkenness, and both committed without consciousness. I shall not enlarge any farther into other particular instances, that might raise difficulties about the punishing, or not punishing, the crime of an unconscious, drunken man; which would not easily be resolved, without inquiring into the reason upon which human justice ought to proceed in such cases, which was beyond my present business to do. Thus, sir, I have laid before you the reasons why I have let that passage go, without any addition made to it. I desire you to lay by your friend

[ocr errors]

ship to me, and only to make use of your judgment in considering them. And if you are still of opinion, that I need give the reason too, that one crime cannot be alleged in excuse of another, I beg the favour of you to let me know it as soon as you can, that I may add what is necessary in this place, amongst the errata, before my book comes out, which advances now apace, and I believe there are, by this time, near 150 pages of it printed. And now, sir, though I have not agreed with your opinion in this point; yet I beseech you, believe I am as much obliged to your kindness in it as if you had shown me what, upon your reason, had appeared to me the grossest mistake; and I beg the favour of you, whenever you cast your eye upon any of my writings, to continue and communicate to me your remarks.

You write to me as if ink had the same spell upon me that mortar, as the Italians say, has upon others, that when I had once got my fingers into it, I could never afterwards keep them out. I grant, that methinks I see subjects enough, which way ever I cast my eyes, that deserve to be otherwise handled, than I imagine they have been; but they require abler heads, and stronger bodies than I have, to manage them. Besides, when I reflect on what I have done, I wonder at my own bold folly, that has so far exposed me, in this nice and critical, as well as quick-sighted and learned age. I say not this to excuse a lazy idleness, to which I intend to give up the rest of my few days. I think every one, according to what way Providence has placed him in, is bound to labour for the public good, as far as he is able, or else he has no right to eat. Under this obligation of doing something, I cannot have a stronger to determine me what I shall do, than what your desires shall engage me in. I know not whether the attempt will exceed my strength. But there being several here, who join with you to press me to it (I received a letter with the same instance, from two of my friends at London, the last post), I think, the first leisure I can get to myself, I shall apply my thoughts to it; and

however I may miss my aim, will justify myself in my obedience to you, and some others of my ingenious friends.

I am exceedingly obliged to capt. Monk, for his kind remembrance, and to you for sending it me, and letting me know he is alive. I have, as I ought, all the esteem for him, that you know so modest and good a man deserves. Pray, when you see him, present my humble service to him, and let him know that I am extremely glad to hear that he is well, and that he has not forgot me, and should be much more so, to see him here again in England. Pray give my humble service to your brother. I am,

[blocks in formation]

I AM SO very sensible of the great caution, and deep consideration you use, before you write any thing, that I wonder at my own hardiness, when I venture to object any thing against your positions. And when I read your answers to any such of my objections, I much more admire at my own weakness in making them. I have a new instance of this in your last of January 18th, which came not to this place before yesterday. This has most abundantly satisfied me, in the doubt I lay under concerning the case of a drunken man; which you have cleared up to me, in three words, most convincingly. So that I think you have no reason in the least to alter that paragraph, unless you may think it convenient to express that matter a little plainer; which, I think, indeed, your last letter to me does

« السابقةمتابعة »