This instance may serve to show wherein consists the difference between casuistry and jurisprudence, even when both of them consider the obligations of the general rules of justice.
But though this difference be real and essential, though those two sciences propose quite different ends, the sameness of the subject has made such a similarity between them, that the greater part of authors whose professed design was to treat of jurisprudence, have determined the different questions they examine, sometimes according to the principles of that science, and sometimes according to those of casuistry, without distinguishing, and, perhaps, without being themselves aware when they did the one, and when the other.
The doctrine of the casuists, however, is by no means confined to the consideration of what a conscientious regard to the general rules of justice, would demand of us. It embraces many other parts of Christian and moral duty. What seems principally to have given occasion to the cultivation of this species of science was the custom of auricular confession, introduced by the Roman Catholic superstition, in times of barbarism and ignorance. By that institution, the most secret actions, and even the thoughts of every person, which could be suspected of receding in the smallest degree from the rules of Christian purity, were to be revealed to the confessor. The confessor informed his penitents whether, and in what respect they had violated their duty, and what penance it behoved them to undergo, before he could absolve them in the name of the offended Deity.
The consciousness, or even the suspicion of having done wrong, is a load upon every mind, and is accompanied with anxiety and terror in all those who are not hardened by long habits of iniquity. Men, in this, as in all other distresses, are naturally eager to disburthen themselves of the oppression which they feel upon their thoughts, by unbosoming the agony of their mind to some person whose secrecy and discretion they can confide in. The shame, which they suffer from this acknowledgment, is fully compensated by that alleviation of their uneasiness which the sympathy of their confident seldom fails to occasion. It relieves them to find that they are not altogether unworthy of regard, and that however their past conduct may be censured, their present disposition is at least approved of, and is perhaps sufficient to compensate the other, at least to maintain them in some degree of esteem with their friend. A numerous and artful clergy had, in those times of superstition, insinuated themselves into the confidence of almost every private family. They possessed all the little learning which the times could afford, and their manners, though in many respects rude and disorderly, were polished and regular compared with those of the age they lived in. They were regarded, therefore, not only as the great directors of all religious, but of all moral duties. Their familiarity gave reputation to whoever was so happy as to possess it, and every mark of their disapprobation stamped the deepest ignominy upon all who had the misfortune to fall under it. Being considered as the great judges of right and wrong, they were naturally consulted about all scruples that occurred, and it was reputable for any person to have it known that he made those holy men the confidents of all such secrets, and took no important or delicate step in his conduct without their advice and approbation. It was not difficult for the clergy, therefore, to get it established as a general rule, that they should be entrusted with what it had already become fashionable to entrust them, and with what they generally would have been entrusted though no such rule had been established. To qualify themselves for confessors became thus a necessary part of the study of churchmen and divines, and they were thence led to collect what are called cases of conscience, nice and delicate situations, in which it is hard to determine whereabouts the propriety of conduct may lie. Such works, they imagined, might be of use both to the directors of consciences and to those who were to be directed; and hence the origin of books of casuistry.
The moral duties which fell under the consideration of the casuists were chiefly those which can, in some measure at least, be circumscribed within general rules, and of which the violation is naturally attended with some degree of remorse and some dread of suffering punishment. The design of that institution which gave occasion to their works, was to appease those terrors of conscience which attend upon the infringement of such duties. But it is not every virtue of which the defect is accompanied with any very severe compunctions of this kind, and no man applies to his confessor for absolution, because he did not perform the most generous, the most friendly, or the most magnanimous action which, in his circumstances, it was possible to perform. In failures of this kind, the rule that is violated is commonly not very determinate, and is generally of such a nature too, that though the observance of it might entitle to honour and reward, the violation seems to expose to no positive blame, censure, or punishment. The exercise of such virtues the casuists seem to have regarded as a sort of works of supererogation, which could not be very strictly enacted, and which it was therefore unnecessary for them to treat of.
The breaches of moral duty, therefore, which came before the tribunal of the confessor, and upon that account fell under the cognizance of the casuists, were chiefly of three different kinds.
First and principally, breaches of the rules of justice. The rules here are all express and positive, and the violation of them is naturally attended with the consciousness of deserving, and the dread of suffering punishment both from God and man.
Secondly, breaches of the rules of chastity. These in all grosser instances are real breaches of the rules of justice, and no person can be guilty of them without doing the most unpardonable injury to some other. In smaller instances, when they amount only to a violation of those exact decorums which ought to be observed in the conversation of the two sexes, they cannot indeed justly be considered as violations of the rules of justice. They are generally, however, violations of a pretty plain rule, and, at least in one of the sexes, tend to bring ignominy upon the person who has been guilty of them, and consequently to be attended in the scrupulous with some degree of shame and contrition of mind.
Thirdly, breaches of the rules of veracity. The violation of truth, it is to be observed, is not always a breach of justice, though it is so upon many occasions, and consequently cannot always expose to any external punishment. The vice of common lying, though a most miserable meanness, may frequently do hurt to no person, and in this case no claim of vengeance or satisfaction can be due either to the persons imposed upon, or to others. But though the violation of truth is not always a breach of justice, it is always a breach of a very plain rule, and what naturally tends to cover with shame the person who has been guilty of it. The great pleasure of conversation, and indeed of society, arises from a certain correspondence of sentiments and opinions, from a certain harmony of minds, which like so many musical instruments coincide and keep time with one another. But this most delightful harmony cannot be obtained unless there is a free communication of sentiments and opinions. We all desire, upon this account, to feel how each other is affected, to penetrate into each other’s bosoms, and to observe the sentiments and affections which really subsist there. The man who indulges us in this natural passion, who invites us into his heart, who, as it were, sets open the gates of his breast to us, seems to exercise a species of hospitality more delightful than any other. No man, who is in ordinary good temper, can fail of pleasing, if he has the courage to utter his real sentiments as he feels them, and because he feels them. It is this unreserved sincerity which renders even the prattle of a child agreeable. How weak and imperfect soever the views of the open-hearted, we take pleasure to enter into them, and endeavour, as much as we can, to bring down our own understanding to the level of their capacities, and to regard every subject in the particular light in which they appear to have considered it. This passion to discover the real sentiments of others is naturally so strong, that it often degenerates into a troublesome and impertinent curiosity to pry into those secrets of our neighbours which they have very justifiable reasons for concealing, and, upon many occasions, it requires prudence and a strong sense of propriety to govern this, as well as all the other passions of human nature, and to reduce it to that pitch which any impartial spectator can approve of. To disappoint this curiosity, however, when it is kept within proper bounds, and aims at nothing which there can be any just reason for concealing, is equally disagreeable in its turn. The man who eludes our most innocent questions, who gives no satisfaction to our most inoffensive inquiries, who plainly wraps himself up in impenetrable obscurity, seems, as it were, to build a wall about his breast. We run forward to get within it, with all the eagerness of harmless curiosity, and feel ourselves all at once pushed back with the rudest and most offensive violence. If to conceal is so disagreeable, to attempt to deceive us is still more disgusting, even though we could possibly suffer nothing by the success of the fraud. If we see that our companion wants to impose upon us, if the sentiments and opinions which he utters appear evidently not to be his own, let them be ever so fine, we can derive no sort of entertainment from them; and if something of human nature did not now and then transpire through all the covers which falsehood and affectation are capable of wrapping around it, a puppet of wood would be altogether as pleasant a companion as a person who never spoke as he was affected. No man ever deceives, with regard to the most insignificant matters, who is not conscious of doing something like an injury to those he converses with; and who does not inwardly blush and shrink back with shame and confusion even at the secret thought of a detection. Breach of veracity, therefore, being always attended with some degree of remorse and self-condemnation, naturally fell under the cognizance of the casuists.
The chief subjects of the works of the casuists, therefore, were the conscientious regard that is due to the rules of justice; how far we ought to respect the life and property of our neighbour; the duty of restitution; the laws of chastity and modesty, and wherein consisted what, in their language, are called the sins of concupiscence: the rules of veracity, and the obligation of oaths, promises, and contracts of all kinds.