A

DEFENCE OF MR. LOCKE'S OPINION

CONCERNING

PERSONAL IDENTITY.

THE candid author of the late essay upon personal identity cannot justly be offended with any attempt to explain and vindicate Mr. Locke's hypothesis, if it is carried on in the same spirit, though it should be attended with the overthrow of some of his own favourite notions: since he owns that it is of consequence to form right opinions on this point: which was indeed once deemed an important one, how little soever such may be regarded now-a-days. I shall proceed therefore, without farther apology, to settle the terms of this question, and endeavour to state it so as to bring matters to a short and clear determination.

Now the word person, as is well observed by Mr. Locke (the distinguishing excellence of whose writings consists in sticking close to the point in hand, and striking out all foreign and impertinent considerations) is properly a forensic term, and here to be used in the strict forensic sense, denoting some such quality or modification in man as denominates him a moral agent, or an accountable creature; renders him the proper subject of laws, and a true object of rewards or punishments. When we apply it to any man, we do not treat of him absolutely, and in gross, but under a particular relation or precision: we do not comprehend or concern ourselves about the several inherent properties which accompany him in real existence, which go to the making up the whole complex notion of an active and intelligent being; but arbitrarily abstract one single quality

or mode from all the rest, and view him under that distinct precision only which points out the idea abovementioned, exclusive of every other idea that may belong to him in any other view, either as substance, quality or mode. And therefore the consideration of this same quality, or qualification, will not be altered by any others of which he may be possessed; but remains the same whatever he shall consist of besides: whether his soul be a material or immaterial substance, or no substance at all, as may appear from examining the import of these pronouns, I, thou, he, &c. [the grammatical meaning of such words generally pointing out the true origin of our ideas primarily annexed to them] which both in their original sense and common acceptation are purely personal terms, and as such lead to no farther consideration either of soul or body; nay, sometimes are distinguished from both, as in the following line,

Linquebant dulces animas, aut ægra, trahebant
Corpora."

An enquiry after the identity of such person will be, whether at different times he is, or how he can be, and know himself to be the same in that respect, or equally subjected to the very same relations and consequent obligations which he was under formerly, and in which he still perceives himself to be involved, whenever he reflects upon himself and them. This we shall find to consist in nothing more, than his becoming sensible at different times of what he had thought or done before: and being as fully convinced that he then thought or did it, as he now is of his present thoughts, acts, or exist

ence.

Beyond this we neither can, nor need go for evidence in any thing; this, we shall soon see, is the clear and only medium through which distant things can be discovered and compared together; which at the same time sufficiently ascertains and establishes their several natures and realities respectively; so far as they relate to our

a See Locke on 1 Cor. xv. 53.

selves and to each other: or if this should not be esteemed sufficient to that end, we shall find, in the last place, that there is nothing else left for it. This distinct consciousness of our past actions, from whence arise all the ideas of merit and demerit, will most undoubtedly be regarded with the strictest exactness in foro divino; and indeed has its due weight in foro humano, whenever it can be with certainty determined: wherever this appears to be wanting, all judicial proceedings are at an end. How plain soever any criminal act were, the man would now-a-days be acquitted from guilt in the commission of it, and discharged from the penalties annexed to such fact, could it at the same time be as plainly made out, that he was incapable of knowing what he did, or is now under a like incapacity of recollecting it. And it would be held a sufficient reason for such acquittal, that the punishment or persecution of a creature in these circumstances, could not answer the end proposed by society in punishment, viz. the prevention of evil, the only end that I know of, which can justify punishments in any case. The reason then why such a plea has usual-, ly so small regard paid to it in courts of justice, is, I apprehend, either the difficulty of having this incapacity proved with the same clearness that the fact itself is established; or the common maxim that one crime, or criminal indisposition, is not admissible in excuse for another; as in cases of drunkenness, violent passion, killing and maiming men by mistake when one is engaged in an unlawful pursuit, &c. Or in some of these cases perhaps men are punished for the murders, &c. not because they possibly may be conscious of them, and yet that consciousness not appear; but that such evils may be more effectually prevented by striking at the remoter cause, i. e. exciting a salutary terrour of those confessedly evil practices and habits, which are often found to terminate in such fatal effects. A kind of injustice is here indeed committed by society, which we have no reason to suppose will be admitted in foro divino, and some worse instances may be seen in our statute books. By the 23 of Hen. 8. a man becoming lunatic after an act of treason shall be liable to be arraigned, tried, and exe

a

cuted. But Hale in his P. C. says, That if a traitor becomes non compos before conviction he shall not be arraigned; if after conviction, he shall not be executed and Hawkins observes the same concerning those who have committed any capital offences.

b

In human courts, which cannot always dive into the hearts of men and discover the true springs of action, nor consequently weigh the effects and operations of each in an equal balance: in this state of ignorance and uncertainty, such a notorious indisposition as that of drunkenness, v. g, being generally a great fault in itself, is seldom allowed in extenuation of such others as are committed under its influence; nor indeed does it, I believe, often produce any new, materially different trains of thinking, or totally obliterate the old ones; but where this is really so, the Deity would make just abatement for such defect or disability, as was at the time both unconquerable and unavoidable: nor can we properly impute actions consequent upon any real disorder of the rational faculties, howsoever that disorder might have been contracted; and therefore all animad. versions upon them must be in vain: nor is a man punishable for any thing beside the bare act of contracting such disorder, or for the original cause of this disability, how great or durable soever; the dangerous consequences of which he did, or might foresee. As is the case in some other confirmed habits, viz. that of swearing, &c. which often operate mechanically and unperceived, and in which therefore all the moral turpitude (or what is so accounted) arising from them, never can reach beyond the fountain head from whence they are derived, and from which all the effects of them naturally, and even necessarily flow. We must therefore conclude in general, that a person's guilt is estimated according to his past and present consciousness of the offence, and of his having been the author of it. Nor is it merely his having forgotten the thing, but his having so far lost the notion of it out of his mind, that how frequently soever, or in what forcible manner soever, it may be preb Hawk. P. C. c.

a Hale P. C. 10.