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better than your twenty-second section of that chapter. That section runs thus :
22. “ But is not a man, drunk and sober, the same person? Why else is he punished for the fact he commits when drunk, though he be never afterwards conscious of it? Just as much the same person as a man that walks and does other things in his sleep, is the same person, and is answerable for any mischief he shall do in it. Human laws punish both with a justice suitable to their way of knowledge; because, in these cases, they cannot distinguish certainly what is real, what counterfeit. And so the ignorance in drunkenness or sleep is not admitted as a plea,” &c.
Now I conceive that which makes the expression herein not so very clear, is,“ suitable to their way of knowledge;" some will be apt to mistake the word their, to refer to the drunken or sleeping man, whereas it refers to the laws, as if you had said, “ suitable to that way of knowledge or information which the laws have established to proceed by.”
This, in your letter, is very manifest in a few words. There you say “punishment is annexed to personality, 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, sir, is most full in the case you are there treating of. So I have nothing more to offer in that matter.
Only give me leave to propose one question more to you, though it be foreign to the business you are upon, in your chapter of identity. How comes it to pass, that want of consciousness cannot be proved for a drunkard as well as for a frantic? One, methinks, is as manifest as the other; and if drunkenness may be counterfeit, so may a frenzy. Wherefore to me it seems, that the law has made a difference in these two cases, on this account, viz. “ that drunkenness is commonly incurred voluntarily and premeditately; whereas a frenzy is
commonly without our consent, or impossible to be prevented.” But enough of this.
I should not have troubled you with this, but that, according to your usual candour and goodness, you seemed to desire my farther thoughts thereon, as speedily as I could. I am,
Most worthy Sir,
Mr. Locke to Mr. Molyneur.
London, May 26, 1694. The slowness of the press has so long retarded my answer to your last obliging letter, that my book, which is now printed and bound, and ready to be sent to you, must be an excuse for my long silence. By the obedience I have paid to you in the index and summaries, ordered according to your desires, you will see it is not want of deference to you, or esteem of you,
that has caused this neglect. And the profit I have made by your reflections, on several passages of my book, will, I hope, encourage you to the continuance of that free dom, to a man who can distinguish between the censures of a judicious friend, and the wrangling of a peevish critic. There is nothing more acceptable to me than the one, nor more, I think, to be slighted than the other. If, therefore, as you seem to resolve, you shall throw away any more of your time in a perusal of my essay; judge, I beseech you, as severely as you can, of what you
read. I know you will not forsake truth to quarrel with me; and, whilst you follow her, you will always oblige me, by showing me my mistakes, or what seems to you to be so. You will find, in this second edition, that your advice, at any time, has not been thrown away upon me. And you will see, by the errata, that, though
your last came a little too late, yet that could not hinder me from following what you so kindly, and with so much reason, suggested. I agree with
you, that drunkenness being a voluntary defect, want of consciousness ought not to be presumed in favour of the drunkard. But frenzy being involuntary, and a misfortune, not a fault, has a right to that excuse, which certainly is a just one, where it is truly a frenzy. And all that lies upon human justice is to distinguish carefully between what is real, and what counterfeit in the case.
My book, which I desire you to accept from me, is put into Mr. Churchill the bookseller's hand, who has told me he will send it in a bale of books, the next week, to Mr. Dobson, a bookseller in Castle-street, Dublin ; and I have ordered him to send with it a copy of the additions and alterations which are printed by themselves, and will help to make your former book useful to any young man. as you will see is designed) by the conclusion of the epistle to the reader. I am,
Mr. Molyneux to Mr. Locke.
Dublin, June 2, 1694. I am highly obliged to you for the favour of your last, of May 26, which I received yesterday. It brought me the welcome news of the second edition of
your Essay being published ; and that you have favoured me with a copy, which I shall expect with some impatience;
, and when I have perused it, I shall, with all freedom, give you my thoughts of it.
And now that you have cleared your hands of your second edition, I hope you may have leisure to turn your thoughts to the subject I have so often proposed to you ; but this, you will say, is a cruelty in me, that no sooner you are rid of one trouble, but I set you on another. 'Truly, sir, were I sensible it could be a trouble to you, I should hardly presume so far on your goodness; but I know those things are so easy tural to your mind, that they give you no pain in the production. . And I know also, such is your universal love of mankind, that you count nothing troublesome that tends to their good, in a matter of so great concernment as morality.
I have formerly told you what care I proposed to take in the education of my only child. I must now beg your pardon, if I trouble you in a matter wherein I shall be at a loss without your assistance.
assistance. He is now five years old, of a most towardly and promising disposition; bred exactly, as far as his age permits, to the rules you prescribe, I mean as to forming his mind, and mastering his passions. He reads very well, and I think it time now to put him forward to some other learning. In order to this, I shall want a tutor for him, and indeed this place can hardly afford me one to my mind. If, therefore, you know any ingenious man that may
be for my purpose, you would highly oblige me by procuring him for me. I confess the encouragement I can propose to such an one is but moderate, yet, perhaps, there may be some found that may not despise it. He should eat at my own table, and have his lodging, washing, firing, and candlelight, in my house, in a good handsome apartment; and besides this, I should allow him 201. per annum.
His work for this should be only to instruct three or four boys in Latin, and such other learning as you recommend in your book; I say three or four boys, because, perhaps, I may have a relation's child or two; one, who is my sister's son, I have always, and do intend to keep, as a companion to my own son; and of more I am uncertain. But if there be one or two, that will be no great addition to his trouble, considering that perhaps their VOL. IX.
parents may recompense that by their gratuities. I mention to you, of the languages, only Latin ; but, if I could
obtain it, I should be glad he were also master of the French. As to his other qualifications, I shall only say, in general, I could wish them such as you would desire in a tutor to instruct a young gentleman, as you propose in your book. I would have him in deed a good man, and a good scholar; and I propose very much satisfaction to myself, in the conversation of such an one. And because a man may be cautious of leaving his native soil, and coming into a strange country, without some certainty of being acceptable to those that send for him, and of some continuance and settlement, I can say that I design him to stay with my son to his state of manhood; whether he go into the university, or travel, or whatever other state of life he may take to. And if perhaps on trial for some time, he or I may not like each other, I do promise to bear his charges both to and from me, so that he shall be no loser by his journey.
I beg your answer to this at your leisure; and if any such present, be pleased to let me know of him what particulars you can, as his parentage, education, qualifications, disposition, &c. with what other particulars you please to mention; and accordingly I shall write to you farther about it,
In the mean time, I beseech you to pardon this trouble given you by,