actions: and it is by the same faculty that we form those more vague and indeterminate ideas of what is prudent, of what is decent, of what is generous or noble, which we carry constantly about with us, and according to which we endeavour, as well as we can, to model the tenour of our conduct. The general maxims of morality are formed, like all other general maxims, from experience and induction. We observe in a great variety of particular cases what pleases or displeases our moral faculties, what these approve or disapprove of, and, by induction from this experience, we establish those general rules. But induction is always regarded as one of the operations of reason. From reason, therefore, we are very properly said to derive all those general maxims and ideas. It is by these, however, that we regulate the greater part of our moral judgments, which would be extremely uncertain and precarious if they depended altogether upon what is liable to so many variations as immediate sentiment and feeling, which the different states of health and humour are capable of altering so essentially. As our most solid judgments, therefore, with regard to right and wrong, are regulated by maxims and ideas derived from an induction of reason, virtue may very properly be said to consist in a conformity to reason, and so far this faculty may be considered as the source and principle of approbation and disapprobation.
But though reason is undoubtedly the source of the general rules of morality, and of all the moral judgments which we form by means of them; it is altogether absurd and unintelligible to suppose that the first perceptions of right and wrong can be derived from reason, even in those particular cases upon the experience of which the general rules are formed. These first perceptions, as well all other experiments upon which any general rules are founded, cannot be the object of reason, but of immediate sense and feeling. It is by finding in a vast variety of instances that one tenour of conduct constantly pleases in a certain manner, and that another as constantly displeases the mind, that we form the general rules of morality. But reason cannot render any particular object either agreeable or disagreeable to the mind for its own sake.
Reason may show that this object is the means of obtaining some other which is naturally either pleasing or displeasing, and in this manner may render it either agreeable or disagreeable for the sake of something else. But nothing can be agreeable or disagreeable for its own sake, which is not rendered such by immediate sense and feeling. If virtue, therefore, in every particular instance, necessarily pleases for its own sake, and if vice as certainly displeases the mind, it cannot be reason, but immediate sense and feeling, which, in this manner, reconciles us to the one, and alienates us from the other.
Pleasure and pain are the great objects of desire and aversion: but these are distinguished not by reason, but by immediate sense and feeling. If virtue, therefore, is desirable for its own sake, and if vice is, in the same manner, the object of aversion, it cannot be reason which originally distinguishes those different qualities, but immediate sense and feeling.
As reason, however, in a certain sense, may justly be considered as the principle of approbation and disapprobation, these sentiments were, through inattention, long regarded as originally flowing from the operations of this faculty. Dr. Hutcheson had the merit of being the first who distinguished with any degree of precision in what respect all moral distinctions may be said to arise from reason, and in what respect they are founded upon immediate sense and feeling. In his illustrations upon the moral sense he has explained this so fully, and, in my opinion, so unanswerably, that, if any controversy is still kept up about this subject, I can impute it to nothing, but either to inattention to what that gentleman has written, or to a superstitious attachment to certain forms of expression, a weakness not very uncommon among the learned, especially in subjects so deeply interesting as the present, in which a man of virtue is often loth to abandon, even the propriety of a single phrase which he has been accustomed to.
CHAP. III.
_Of those systems which make sentiment the principle of approbation._ Those systems which make sentiment the principle of approbation may be divided into two different classes.
I. According to some the principle of approbation is founded upon a sentiment of a peculiar nature, upon a particular power of perception exerted by the mind at the view of certain actions or affections; some of which affecting this faculty in an agreeable and others in a disagreeable manner, the former are stampt with the characters of right, laudable, and virtuous; the latter with those of wrong, blameable and vicious. This sentiment being of a peculiar nature distinct from every other, and the effect of a particular power of perception, they give it a particular name, and call it a moral sense.
II. According to others, in order to account for the principle of approbation, there is no occasion for supposing any new power of perception which had never been heard of before: Nature, they imagine, acts here, as in all other cases, with the strictest œconomy, and produces a multitude of effects from one and the same cause; and sympathy, a power which has always been taken notice of, and with which the mind is manifestly endowed, is, they think, sufficient to account for all the effects ascribed to this peculiar faculty.
I. Dr. Hutcheson[24] had been at great pains to prove that the principle of approbation was not founded on self-love. He had demonstrated too that it could not arise from any operation of reason. Nothing remained, he thought, but to suppose it a faculty of a peculiar kind, with which Nature had endowed the human mind, in order to produce this one particular and important effect. When self-love and reason were both excluded, it did not occur to him that there was any other known faculty of the mind which could in any respect answer this purpose.
Footnote 24: Inquiry concerning Virtue.
This new power of perception he called a moral sense, and supposed it to be somewhat analogous to the external senses. As the bodies around us, by affecting these in a certain manner, appear to possess the different qualities of sound, taste, odour, colour; so the various affections of the human mind, by touching this particular faculty in a certain manner, appear to possess the different qualities of amiable and odious, of virtuous and vicious, of right and wrong.
The various senses or powers of perception,[25] from which the human mind derives all its simple ideas, were, according to this system, of two different kinds, of which the one were called the direct or antecedent, the other, the reflex or consequent senses. The direct senses were those faculties from which the mind derived the perception of such species of things as did not presuppose the antecedent perception of any other. Thus sounds and colours were objects of the direct senses. To hear a sound or to see a colour does not presuppose the antecedent perception of any other quality or object. The reflex or consequent senses, on the other hand, were those faculties from which the mind derived the perception of such species of things as presupposed the antecedent perception of some other. Thus harmony and beauty were objects of the reflex senses. In order to perceive the harmony of a sound, or the beauty of a colour, we must first perceive the sound or the colour. The moral sense was considered as a faculty of this kind.
That faculty, which Mr. Locke calls reflection, and from which he derived the simple ideas of the different passions and emotions of the human mind, was, according to Dr. Hutcheson, a direct internal sense.
That faculty again by which we perceived the beauty or deformity, the virtue or vice of those different passions and emotions, was a reflex, internal sense.
Footnote 25: Treatise of the passions.
Dr. Hutcheson endeavoured still further to support this doctrine, by shewing that it was agreeable to the analogy of nature, and that the mind was endowed with a variety of other reflex senses exactly similar to the moral sense; such as a sense of beauty and deformity in external objects; a public sense, by which we sympathize with the happiness or misery of our fellow-creatures; a sense of shame and honour, and a sense of ridicule.
But notwithstanding all the pains which this ingenious philosopher has taken to prove that the principle of approbation is founded in a peculiar power of perception, somewhat analogous to the external senses, there are some consequences, which he acknowledges to follow from this doctrine, that will, perhaps, be regarded by many as a sufficient confutation of it. The qualities, he allows,[26] which belong to the objects of any sense, cannot, without the greatest absurdity, be ascribed to the sense itself. Who ever thought of calling the sense of seeing black or white, the sense of hearing loud or low, or the sense of tasting sweet or bitter? And, according to him, it is equally absurd to call our moral faculties virtuous or vicious, morally good or evil.
These qualities belong to the objects of those faculties, not to the faculties themselves. If any man, therefore, was so absurdly constituted as to approve of cruelty and injustice as the highest virtues, and to disapprove of equity and humanity as the most pitiful vices, such a constitution of mind might indeed be regarded as inconvenient both to the individual and to the society, and likewise as strange, surprising, and unnatural in itself; but it could not, without the greatest absurdity, be denominated vicious or morally evil.
Footnote 26: Illustrations upon the Moral Sense. Sect. 1. p. 237, et seq. Third Edition.
Yet surely if we saw any man shouting with admiration and applause at a barbarous and unmerited execution, which some insolent tyrant had ordered, we should not think we were guilty of any great absurdity in denominating this behaviour vicious and morally evil in the highest degree, though it expressed nothing but depraved moral faculties, or an absurd approbation of this horrid action, as of what was noble, magnanimous, and great. Our heart, I imagine, at the sight of such a spectator, would forget for a while its sympathy with the sufferer, and feel nothing but horror and detestation, at the thought of so execrable a wretch. We should abominate him even more than the tyrant who might be goaded on by the strong passions of jealousy, fear, and resentment, and upon that account be more excusable. But the sentiments of the spectator would appear altogether without cause or motive, and therefore most perfectly and completely detestable. There is no perversion of sentiment or affection which our heart would be more averse to enter into, or which it would reject with greater hatred and indignation than one of this kind; and so far from regarding such a constitution of mind as being merely something strange or inconvenient, and not in any respect vicious or morally evil, we should rather consider it as the very last and most dreadful stage of moral depravity.
Correct moral sentiments, on the contrary, naturally appear in some degree laudable and morally good. The man, whose censure and applause are upon all occasions suited with the greatest accuracy to the value or unworthiness of the object, seems to deserve a degree even of moral approbation. We admire the delicate precision of his moral sentiments: they lead our own judgments, and, upon account of their uncommon and surprising justness, they even excite our wonder and applause. We cannot indeed be always sure that the conduct of such a person would be in any respect correspondent to the precision and accuracy of his judgments concerning the conduct of others. Virtue requires habit and resolution of mind, as well as delicacy of sentiment; and unfortunately the former qualities are sometimes wanting, where the latter is in the greatest perfection. This disposition of mind, however, though it may sometimes be attended with imperfections, is incompatible with any thing that is grossly criminal, and is the happiest foundation upon which the superstructure of perfect virtue can be built. There are many men who mean very well, and seriously purpose to do what they think their duty, who notwithstanding are disagreeable on account of the coarseness of their moral sentiments.
It may be said, perhaps, that though the principle of approbation is not founded upon any power of perception that is in any respect analogous to the external senses, it may still be founded upon a peculiar sentiment which answers this one particular purpose and no other. Approbation and disapprobation, it may be pretended, are certain feelings or emotions which arise in the mind upon the view of different characters and actions; and as resentment might be called a sense of injuries, or gratitude a sense of benefits, so these may very properly receive the name of a sense of right and wrong, or of a moral sense.
But this account of things, though it may not be liable to the same objections with the foregoing, is exposed to others which are equally unanswerable.
First of all, whatever variations any particular emotion may undergo, it still preserves the general features which distinguish it to be an emotion of such a kind, and these general features are always more striking and remarkable than any variation which it may undergo in particular cases. Thus anger is an emotion of a particular kind: and accordingly its general features are always more distinguishable than all the variations it undergoes in particular cases. Anger against a man, is, no doubt, somewhat different from anger against a woman, and that again from anger against a child. In each of those three cases, the general passion of anger receives a different modification from the particular character of its object, as may easily be observed by the attentive. But still the general features of the passion predominate in all these cases. To distinguish these, requires no nice observation: a very delicate attention, on the contrary, is necessary to discover their variations: every body takes notice of the former: scarce any body observes the latter. If approbation and disapprobation, therefore, were, like gratitude and resentment, emotions of a particular kind, distinct from every other, we should expect that in all the variations which either of them might undergo, it would still retain the general features which mark it to be an emotion of such a particular kind, clear, plain, and easily distinguishable. But in fact it happens quite otherwise. If we attend to what we really feel when upon different occasions we either approve or disapprove, we shall find that our emotion in one case is often totally different from that in another, and that no common features can possibly be discovered between them. Thus the approbation with which we view a tender, delicate, and humane sentiment, is quite different from that with which we are struck by one that appears great, daring, and magnanimous. Our approbation of both may, upon different occasions, be perfect and entire; but we are softened by the one, and we are elevated by the other, and there is no sort of resemblance between the emotions which they excite in us. But, according to that system which I have been endeavouring to establish, this must necessarily be the case. As the emotions of the person whom we approve of, are, in those two cases, quite opposite to one another, and as our approbation arises from sympathy with those opposite emotions, what we feel upon the one occasion, can have no sort of resemblance to what we feel upon the other. But this could not happen if approbation consisted in a peculiar emotion which had nothing in common with the sentiments we approved of, but which arose at the view of those sentiments, like any other passion at the view of its proper object. The same thing holds true with regard to disapprobation. Our horror for cruelty has no sort of resemblance to our contempt for mean-spiritedness. It is quite a different species of discord which we feel at the view of those two different vices, between our minds and those of the person whose sentiments and behaviour we consider.
Secondly, I have already observed, that not only the different passions or affections of the human mind which are approved or disapproved of appear morally good or evil, but that proper and improper approbation appear, to our natural sentiments, to be stampt with the same characters. I would ask, therefore, how it is, that, according to this system, we approve or disapprove of proper or improper approbation. To this question, there is, I imagine, but one reasonable answer, which can possibly be given. It must be said, that when the approbation with which our neighbour regards the conduct of a third person coincides with our own, we approve of his approbation, and consider it as, in some measure, morally good; and that on the contrary, when it does not coincide with our own sentiments, we disapprove of it, and consider it as, in some measure, morally evil. It must be allowed, therefore, that, at least in this one case, the coincidence or opposition of sentiments, between the observer and the person observed, constitutes moral approbation or disapprobation. And if it does so in this one case, I would ask, why not in every other? to what purpose imagine a new power of perception in order to account for those sentiments?
Against every account of the principle of approbation, which makes it depend upon a peculiar sentiment, distinct from every other, I would object; that it is strange that this sentiment, which Providence undoubtedly intended to be the governing principle of human nature, should hitherto have been so little taken notice of, as not to have got a name in any language. The word moral sense is of very late formation, and cannot yet be considered as making part of the English tongue. The word approbation has but within these few years been appropriated to denote peculiarly any thing of this kind. In propriety of language we approve of whatever is entirely to our satisfaction, of the form of a building, of the contrivance of a machine, of the flavour of a dish of meat. The word conscience does not immediately denote any moral faculty by which we approve or disapprove. Conscience supposes, indeed, the existence of some such faculty, and properly signifies our consciousness of having acted agreeably or contrary to its directions. When love, hatred, joy, sorrow, gratitude, resentment, with so many other passions which are all supposed to be the subjects of this principle, have made themselves considerable enough to get titles to know them by, is it not surprising that the sovereign of them all should hitherto have been so little heeded, that, a few philosophers excepted, no body has yet thought it worth while to bestow a name upon it?
When we approve of any character or action, the sentiments which we feel, are, according to the foregoing system, derived from four sources, which are in some respects different from one another. First, we sympathize with the motives of the agent; secondly, we enter into the gratitude of those who receive the benefit of his actions; thirdly, we observe that his conduct has been agreeable to the general rules by which those two sympathies generally act; and, last of all, when we consider such actions as making part of a system of behaviour which tends to promote the happiness either of the individual or of the society, they appear to derive a beauty from this utility, not unlike that which we ascribe to any well contrived machine. After deducting, in any one particular case, all that must be acknowledged to proceed from some one or other of these four principles, I should be glad to know what remains, and I shall freely allow this overplus to be ascribed to a moral sense, or to any other peculiar faculty, provided any body will ascertain precisely what this overplus is. It might be expected, perhaps, that if there was any such peculiar principle, such as this moral sense is supposed to be, we should feel it, in some particular cases, separated and detached from every other, as we often feel joy, sorrow, hope, and fear, pure and unmixed with any other emotion. This however, I imagine, cannot even be pretended. I have never heard any instance alleged in which this principle could be said to exert itself alone and unmixed with sympathy or antipathy, with gratitude or resentment, with the perception of the agreement or disagreement of any action to an established rule, or last of all with that general taste for beauty and order which is excited by inanimated as well as by animated objects.
II. There is another system which attempts to account for the origin of our moral sentiments from sympathy distinct from that which I have been endeavouring to establish. It is that which places virtue in utility, and accounts for the pleasure with which the spectator surveys the utility of any quality from sympathy with the happiness of those who are affected by it. This sympathy is different both from that by which we enter into the motives of the agent, and from that by which we go along with the gratitude of the persons who are benefited by his actions. It is the same principle with that by which we approve of a well contrived machine. But no machine can be the object of either of those two last mentioned sympathies. I have already, in the fourth part of this discourse, given some account of this system.
SECTION IV.
Of the manner in which different authors have treated of the practical rules of morality.
It was observed in the third part of this discourse, that the rules of justice are the only rules of morality which are precise and accurate; that those of all the other virtues are loose, vague, and indeterminate; that the first may be compared to the rules of grammar; the others to those which critics lay down for the attainment of what is sublime and elegant in composition, and which present us rather with a general idea of the perfection we ought to aim at, than afford us any certain and infallible directions for acquiring it.
As the different rules of morality admit such different degrees of accuracy, those authors who have endeavoured to collect and digest them into systems have done it in two different manners; and one set has followed thro’ the whole that loose method to which they were naturally directed by the consideration of one species of virtues; while another has as universally endeavoured to introduce into their precepts that sort of accuracy of which only some of them are susceptible. The first have wrote like critics, the second like grammarians.
I. The first, among whom we may count all the ancient moralists, have contented themselves with describing in a general manner the different vices and virtues, and with pointing out the deformity and misery of the one disposition as well as the propriety and happiness of the other, but have not affected to lay down many precise rules that are to hold good unexceptionably in all particular cases. They have only endeavoured to ascertain, as far as language is capable of ascertaining, first, wherein consists the sentiment of the heart, upon which each particular virtue is founded, what sort of internal feeling or emotion it is which constitutes the essence of friendship, of humanity, of generosity, of justice, of magnanimity, and of all the other virtues, as well as of the vices which are opposed to them: and, secondly, What is the general way of acting, the ordinary tone and tenour of conduct to which each of those sentiments would direct us, or how it is that a friendly, a generous, a brave, a just, and a humane man, would, upon ordinary occasions, chuse to act.
To characterize the sentiment of the heart, upon which each particular virtue is founded, though it requires both a delicate and accurate pencil, is a talk, however, which may be executed with some degree of exactness. It is impossible, indeed, to express all the variations which each sentiment either does or ought to undergo, according to every possible variation of circumstances. They are endless, and language wants names to mark them by. The sentiment of friendship, for example, which we feel for an old man is different from that which we feel for a young: that which we entertain for an austere man different from that which we feel for one of softer and gentler manners: and that again from what we feel for one of gay vivacity and spirit. The friendship which we conceive for a man is different from that with which a woman affects us, even where there is no mixture of any grosser passion. What author could enumerate and ascertain these and all the other infinite varieties which this sentiment is capable of undergoing? But still the general sentiment of friendship and familiar attachment which is common to them all, may be ascertained with a sufficient degree of accuracy. The picture which is drawn of it, though it will always be in many respects incomplete, may, however, have such a resemblance as to make us know the original when we meet with it, and even distinguish it from other sentiments to which it has a considerable resemblance, such as good-will, respect, esteem, admiration.
To describe, in a general manner, what is the ordinary way of acting to which each virtue would prompt us, is still more easy. It is, indeed, scarce possible to describe the internal sentiment or emotion upon which it is founded, without doing something of this kind. It is impossible by language to express, if I may say so, the invisible features of all the different modifications of passion as they show themselves within. There is no other way of marking and distinguishing them from one another, but by describing the effects which they produce without, the alterations which they occasion in the countenance, in the air and external behaviour, the resolutions they suggest, the actions they prompt to. It is thus that Cicero, in the first book of his Offices, endeavours to direct us to the practice of the four cardinal virtues, and that Aristotle in the practical parts of his Ethics, points out to us the different habits by which he would have us regulate our behaviour, such as liberality, magnificence, magnanimity, and even jocularity and good humour, qualities, which that indulgent philosopher has thought worthy of a place in the catalogue of the virtues, though the lightness of that approbation which we naturally bestow upon them, should not seem to entitle them to so venerable a name.
Such works present us with agreeable and lively pictures of manners. By the vivacity of their descriptions they inflame our natural love of virtue, and increase our abhorrence of vice: by the justness as well as delicacy of their observations they may often help both to correct and to ascertain our natural sentiments with regard to the propriety of conduct, and suggesting many nice and delicate attentions, form us to a more exact justness of behaviour, than what, without such instruction, we should have been apt to think of. In treating of the rules of morality, in this manner, consists the science which is properly called Ethics, a science, which though like criticism, it does not admit of the most accurate precision, is, however, both highly useful and agreeable.
It is of all others the most susceptible of the embellishments of eloquence, and by means of them of bestowing, if that be possible, a new importance upon the smallest rules of duty. Its precepts, when thus dressed and adorned, are capable of producing upon the flexibility of youth, the noblest and most lasting impressions, and as they fall in with the natural magnanimity of that generous age, they are able to inspire, for a time at least, the most heroic resolutions, and thus tend both to establish and confirm the best and most useful habits of which the mind of man is susceptible. Whatever precept and exhortation can do to animate us to the practice of virtue, is done by this science delivered in this manner.
II. The second set of moralists, among whom we may count all the casuists of the middle and latter ages of the christian church, as well as all those who in this and in the preceding century have treated of what is called natural jurisprudence, do not content themselves with characterizing in this general manner that tenour of conduct which they would recommend to us, but endeavour to lay down exact and precise rules for the direction of every circumstance of our behaviour. As justice is the only virtue with regard to which such exact rules can properly be given; it is this virtue, that has chiefly fallen under the consideration of those two different sets of writers. They treat of it, however, in a very different manner.
Those who write upon the principles of jurisprudence, consider only what the person to whom the obligation is due, ought to think himself entitled to exact by force; what every impartial spectator would approve of him for exacting, or what a judge or arbiter, to whom he had submitted his case, and who had undertaken to do him justice, ought to oblige the other person to suffer or to perform. The casuists, on the other hand, do not so much examine what it is, that might properly be exacted by force, as what it is, that the person who owes the obligation ought to think himself bound to perform from the most sacred and scrupulous regard to the general rules of justice, and from the most conscientious dread, either of wronging his neighbour, or of violating the integrity of his own character. It is the end of jurisprudence to prescribe rules for the decisions of judges and arbiters. It is the end of casuistry to prescribe rules for the conduct of a good man. By observing all the rules of jurisprudence, supposing them ever so perfect, we should deserve nothing but to be free from external punishment. By observing those of casuistry, supposing them such as they ought to be, we should be entitled to considerable praise by the exact and scrupulous delicacy of our behaviour.
It may frequently happen that a good man ought to think himself bound, from a sacred and conscientious regard to the general rules of justice to perform many things which it would be the highest injustice to extort from him, or for any judge or arbiter to impose on him by force. To give a trite example; a highwayman, by the fear of death, obliges a traveller to promise him a certain sum of money. Whether such a promise, extorted in this manner by unjust force, ought to be regarded as obligatory, is a question that has been very much debated.
If we consider it merely as a question of jurisprudence, the decision can admit of no doubt. It would be absurd to suppose that the highwayman can be entitled to use force to constrain the other to perform. To extort the promise was a crime which deserved the highest punishment, and to extort the performance would only be adding a new crime to the former. He can complain of no injury who has been only deceived by the person by whom he might justly have been killed. To suppose that a judge ought to enforce the obligation of such promises, or that the magistrate ought to allow them to sustain an action at law, would be the most ridiculous of all absurdities. If we consider this question, therefore, as a question of jurisprudence, we can be at no loss about the decision.
But if we consider it as a question of casuistry, it will not be so easily determined. Whether a good man, from a conscientious regard to that most sacred rule of justice, which commands the observance of all serious promises, would not think himself bound to perform, is at least much more doubtful. That no regard is due to the disappointment of the wretch who brings him into this situation, that no injury is done to the robber, and consequently that nothing can be extorted by force, will admit of no sort of dispute. But whether some regard is not, in this case, due to his own dignity and honour, to the inviolable sacredness of that part of his character which makes him reverence the law of truth, and abhor every thing that approaches to treachery and falsehood, may, perhaps, more reasonably be made a question. The casuists accordingly are greatly divided about it. One party, with whom we may count Cicero among the ancients, among the moderns, Puffendorf, Barbeyrac his commentator, and above all the late Dr. Hutcheson, one who in most cases was by no means a loose casuist, determine, without any hesitation, that no sort of regard is due to any such promise, and that to think otherwise is mere weakness and superstition. Another party, among whom we may reckon [27]some of the ancient fathers of the church, as well as some very eminent modern casuists, have been of another opinion, and have judged all such promises obligatory.
Footnote 27: St. Augustine, la Placette.
If we consider the matter according to the common sentiments of mankind, we shall find that some regard would be thought due even to a promise of this kind; but that it is impossible to determine how much, by any general rule that will apply to all cases without exception. The man who was quite frank and easy in making promises of this kind, and who violated them with as little ceremony, we should not choose for our friend and companion. A gentleman who should promise a highwayman five pounds and not perform, would incur some blame. If the sum promised, however, was very great, it might be more doubtful, what was proper to be done. If it was such, for example, that the payment of it would entirely ruin the family of the promiser, if it was so great as to be sufficient for promoting the most useful purposes, it would appear in some measure criminal, at least extremely improper, to throw it, for the sake of a punctilio, into such worthless hands. The man who should beggar himself, or who should throw away an hundred thousand pounds, though he could afford that vast sum, for the sake of observing such a parole with a thief, would appear to the common sense of mankind, absurd and extravagant in the highest degree. Such profusion would seem inconsistent with his duty, with what he owed both to himself and others, and what, therefore, regard, to a promise extorted in this manner, could by no means authorize. To fix, however, by any precise