tend, for he uses the word alimenta as applicable to fomething due to parents like wife.

His meaning feems to be, that though parents may difinherit their children, yet they ought to leave them fufficient for fubl fiftence. And this opinion seems to be well founded; for, though of ripe years, they may, from various contingencies, be inca pable of providing for themfelves. Human I y

Now no bad behaviour whatever can for feit their title to mere fubfiftence. They did not bring themselves into the world, and they, who were the immediate caufe of their existence, are bound to furnish the means of supporting that existence, till by the act of God, or of the law, it is extin-** guished.

Their existence alone, therefore, is a futficient title to aliment, but they have no de rivative claim to the conveniencies and or naments in life, but in confequence of their merit. The firft is due as a right; the lat

ter

tell are claimed as rewards: and their, meit is prefumed, where the parent at his death makes no declaration to their prejudice.

To recapitulate what has been faid, it is fubmitted, that, upon the whole, it may be fairly inferred, That man in a State of Nature, has the liberty of ufing his natural faculties conformable to right reafon: -That while he makes fuch use of them, his perfon ought to remain free:-That no one has a right to restrain his liberty, much lefs to do him any bodily harm, or to atattempt his life: That in cafe of any injury or violence meditated or offered against him, he has a right to prevent the mischief intended, and to ufe force in order to obtain reasonable security:—But that nevertheless, when he has provided for his pre fent, fafety, and fecured himself against future injuries, he ought to pardon the of fender; for that he has no right to profecute revenge in confideration folely of the offence paft, but for the purpose only of the prefent reparation, and of future fecurity.

And

And with refpect to property, it may be concluded, That man, in a State of Nature, has a right to as many vacant fubjects as he can acquire:-That he may alien and transfer his acquifitions in his life-time: That he may difpofe of them by will, to take effect after his death, even to the disherifon of his children:—And that, where he makes no declaration of his will, his children have a derivative right to his poffeffions, from the prefumption of his

affection.

-

Since, therefore, these rights with respect to perfon and property belong to man in a State of Nature, it follows, that every abufe of those rights, in regard to ourfelves, and every deprivation, invafion, or interruption of them, in regard to others, is a crime in the more extenfive fenfe, or, in other words, an offence against the Law of Nature, which might be lawfully pu nished. It remains therefore to confider by whom, and how far fuch punishment might be inflicted.

SECT

Of the Right of Private Revenge, cer and its Effects.

Na State of Nature, offences of which the effects terminated in the offender

IN

only, without any

without any immediate confequences with refpect to others, were little regarded; and as they provoked no refentment, they were fubject to no punishment. At this time the idea of public good, and of the mischiefs arifing from bad example, were notions too refined to take place, and it was not till after the establishment of civil fociety that fuch confiderations acquired any influence.

340

Offences, however, which immediately affected others, did not pass unrevenged in a State of Nature. As the learned and judicious Author of the Hiftorical Law Tracts has obferved, "No paffion is more keen than that of resentment, which, neverthe

"lefs,

lefs, when kept within due bounds, is authorifed by confcience."

But as, in a State of Nature, the bounds of revenge are only limited by the difpofition of the person injured; confequently, in fuch a ftate, the measure of revenge muft be various and uncertain.

Men of irritable and vindictive natures will exprefs greater refentment on account of fome flight injury, than others of more gentle and forgiving tempers will fhew in confequence of the moft grievous wrong. Even a look of contempt will incense one man, more than the fouleft words of contumely will provoke another.

In a State of Nature, wherein every one is his own avenger, this contrariety in the difpofitions of mankind must have been attended with various inconveniencies. Grievous oppreffions must have escaped with impunity, while flight injuries were immoderately revenged.