'•il'f's.ilt^t^V'.. THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES aVa k •At*. 1 fUtt i Aft \ Att I Jit. KJ^^K^^KTr /.--• ESSAYS. BY FATHER FITZ-EUSTACE, A MENDICANT FRIAR. " The truth is, 1 can expect happiness from posterity eitlier way. If I write ill, happy in being forgotten; if well, happy in being remembered with respect." — Goi,dsmith's Essays^ LONDON : PRINTED FOR THOMAS AND GEORGE UNDERWOOD, FLEET street; AND WILLIAM BLACKWOOD, EDINBURGH. 1822. LONDON : PRINTED BY J. MOYES, GREVILLE STREET, CONTENTS. Page PREFACE V WRITERS 1 ON THE FORMATION OF POLITICAL SOCIETY U ON THE POLITICAL CHARACTER OF JAMES THE FIRST OF SCOTLAND 45 ON PATRIOTISM 93 CONSIDERATIONS ON THE MORAL AND POLITICAL CAUSES OF THE DOWNFAL OF THE ROMAN EMPIRE 107 ON THE GRECIAN SOPHISTRY AND ROMAN RHETORIC... 135 ON THE FEMALE CHARACTER 179 MARRIAGE AND CONSTANCY 18T LAUGHING AND CRYING PHILOSOPHERS 217 MODERN MOURNING ?3l 764979 PREFACE. Begging has now become so thriving a trade with a large number of the com- munity, that in every street throughout this immense metropolis passengers have their path obstructed by sturdy beggars, who obstinately follow, doling out a length- ened narrative of calamities which never befell them, and endeavouring to excite not only the commiseration but the charity of their fellow-creatures. I know not whether it will redound to my credit, to confess myself a member of the mendicant class ; but as the confession is made with candour, I earnestly hope that the penalties usually inflicted on mendicity and vagrancy will not be awarded to my shoulders. One of those lucky contingencies, which sometimes occur, and by which the monastery ofMount VI PKEFACE. Benger, of which the worthy brothers Sholto and Reuben Percy are valuable members, has been preserved, — has con- tinued the existence of our order. Although bred a Mendicant Friar, nevertheless I have witnessed several changes in life : sometimes fortune has smiled upon me — then I have mingled with the higher circles of fashion ; — but then her frown has again brought me to my own proper level. Every change, however, has been borne by me without effecting any material alteration in my temper or conduct. I have not been elevated by prosperity, nor depressed by adversity; and have journeyed through life with a relish for every pleasure which Providence might think proper to grant for my enjoyment. The contents of this book have been written at various places, and at diff"erent times ; and with diffidence I off'er it for the perusal of the public. The critics are a sad race. As I cannot flatter myself with the idea that the con- tents of this volume are worthy their atten- PHEFACK. Vll tion and ])raise, I cannot expect much favour at their hands ; but I earnestly hope the public will be lenient. The critics are bound by their vow ever strictly to adhere to the standard of truth; the public are held by no such ties. When a man enters into the matrimonial state, he must expect his intimate friends to pass judgment upon the object of his choice. " Prithee, Jack," one will per- haps exclaim, " what could have in- duced thee to have married a wench with such a large mouth?" — " Ay," answers the husband, " but have you examined her beautiful teeth?" — " But then her ill-shaped arm" — "But then her pretty hand." — " Her nose is too long" — " Her eyes are "killing." — " Her foot is too large" — " Her ancle is prettily turned." Thus there appears to be a mixture of good and bad. Those very objects, however, which seem so objectionable to one person, may please the taste of another; and thus certain parts may meet the ideas and wishes of every individual, — " chacun a son gout." Vlll PREFACE. I wish the cases of this volume and poor Jack's wife could be at all assimilated. But though my vanity will not permit me to aspire to please the old, I hope the volume may not be found altogether useless by the young ; to whom if it shall impart one moment of amusement, — not to men- tion the slightest degree of information, — the labours of the Mendicant Friar will not have been in vain. ESSAYS, ETC. ETC. WRITERS. " If Madame De Sevigne wrote some letters when she was half asleep, — if Dr. Johnson took the pains of setting down what occurred to him before he was breeched, — this age is sure to have the benefit of seeing their vahiable works on hol-prcsscd paper: all that good writers threw by as imperfect, — all that they wislied to be concealed from the world, — is now edited in volumes twice as magnificent as their cliief works." Sketches of Life and Character. Such is, indeed, the case! The noble author above quoted very judiciously observes, " That the appetite for remains of all kinds has cer- tainly increased of late to a most surprising extent ; every thing which belongs to a great man is eagerly hunted out, and constantly pub- lished." The press has of late years teemed with such productions, which have been purchased at enormous sums, and emitted abroad, arrayed in all the charms of elegant type and beautiful paper. Their entrance into the world has been, moreover, on every occasion, duly trumpeted B :£ WRITERS. ^ forth ; and some scores of puffs, in every shape, as described in The Critic, have made their ap- pearance in the public journals, as the running footmen, in former times, went before to give timely notice of the arrival of their lord and master. Now, for what reason have those works been so long neglected? What should have in- duced the writers to have thrown them aside, especially when the vanity of authors is put into the scale ? Why should they have been so long concealed? Surely, because they were supposed un- worthy of the public notice, as being of too trifling a nature. Is the present age, then, to play the jackall in waiting to the lordly lion of the last ; and to receive, and be thankful for, the offals and refuse which his majesty was too dainty to de- vour? I think it is hardly fair, especially as it is confessed on all hands, that the present gene- ration far excels any that have gone before *. But it may be said, that every thing written by men of acknowledged talent must be good and worthy of perusal, and they have hitherto been neglected through ignorance or inadvertency. To this I would answer : Are those men so much superior to their fellow-creatures as to be free from the * This observation will of course be taken in its truly qualified sense. WRITERS. 3 imperfections of human nature? Did their mental powers never relax — did their strength of judg- ment never vacillate? Let them remember the old phrase, '' Nemo mortalium omnibus horis sapit ;" or listen to what our friend Horace says, in his * Arte Poetica.' " Sunt delicta tamen ■ Nam neque chorda sonurn reddit, quern vuh manus et mens; Poscentique gravem perseepe remittit acutum; Nee semper feriet quodcunque minabitur arcus. " Yet there are faults For oft the string th' intended sound refuse ; In vain his tuneful hand the master tries, He asks a flat, and hears a sharp arise ; Nor always will the bow, though form'd for art, With speed unerring wing the threat'ning dart.'' Independently of what I have before stated, it cannot surely be supposed, that the posthumous works of any author can be as good or as beau- tiful as their other productions. No editor can enter into a writer's sentiments, or discover his wishes. There might be passages which the latter, had he lived to perform the task, would have obliterated, — parts which he might wish to have suppressed, — others which he might have enlarged, — gaps which he certainly would have filled up, having first maturely considered, and WRITERS. gained further information upon each particular point. But notwithstanding all these imperfec- tions, and the general inadequacy of posthumous works, they are given forth for the perusal of the world with the boldest effrontery. Pass we on from this subject to the considera- tion of two or three other points, which naturally excite the attention of a young writer, like myself, making his first appearance before the public. Much depends upon a first production, which, if it tallies with the humour or strikes the fancy of the public, is sure of success. Nor on every occasion is it real intrinsic merit which will effect this; but oftentimes a random hit, — an adventitious expression, — or even the glare of a noble name may so dazzle the eyes, and astound the understanding, as to render the one incapable of discriminating, and the other of forming an opinion. But, when once the reputation is esta- blished, — when once the fame is blazoned abroad, — then may the author sleep in tranquil security. Nothing will give him disturbance, — nothing will create annoyance; — but all his works, however inconsiderable, however mean, however trifling, are invariably perused with the deepest attention, and their contents devoured with the most in- satiable avidity. Unfortunately the cacoethes scribendi is abroad: WRITERS. O the disease is now raging in every quarter with all the virulence of the scarlet or typhus fever. The age is nearly overwhelmed with an inunda- tion of books. The number of our authors equal those of the French, when the trade of authorship among that people was most brisk and flourishing; and even outvie the multitudinous class of the Spanish, Swedish, or Russian nobility. But, what is more alarming, the number does not remain stationary and fixed ; but has been increasing, and is increasing, daily and hourly ; and Heaven only knows, where, or when, the evil will spend its violence, and exhaust its fury. Every one now-a-days, who has read a few books, and is able to scrawl with a pen, assumes the character of an author ; and with earnest and never failing assiduity commences composition. Without any pretensions to their assumed parts, — without abilities, — without even grammatical knowledge, — writers give to the world their thick octavos, and goodly quartos, which they have compiled — (compiled, quoth I ? — verily I was ob- livious ! — lapsus non linguae, sed memoriae!) — composed — 1 should have said*. No plagiarists * These intelligent writers remind me of the conceited French member of parliament, mentioned by Lord Boling- broke, who was overheard, after his tedious harangue, mut- tering most devoutly to himself, " Non nobis, Doraine, non nobis, sed nomini tuo da gloriam." t> WRITERS. these ! but each and every possessing fertile sources of their own ; like Golconda's diamond mines, replete with precious treasure — or like a noble river, holding its onward course, and unwilling that the muddy waters of any tribu- taries should mingle and pollute its crystal stream. These literati, or cognoscenti, are confident that the world must of necessity improve from the study of their works, the result of their labours, — over which they have wasted the midnight oil, — for which their brains have suffered all the throes of child-birth — their heads received many a scratch — and their nails many a bite, yea, even to the very quick ! Saepe caput scaberet, vivos et roderet ungues. They are probably acquainted with the adage, " Litterae ornamenta hominum sunt et solatia ;'* and hence they determine to add their mite to the general heap. Perhaps, too, they may have transferred the following quotation to their own case : " Hsec studia adolescentiam alunt ; senec- tutem oblectant ; secundas res ornant ; adversis perfugium ac solatium preebent ; delectant domi ; non impediunt foris ; pernoctant nobiscum ; pere- grinantur ; rusticantur." Peregrinantur ; scilicet , who has lately favoured us with j rusticantur ; scilicet , ycleped the Cockney Poet, who resides in retirement at , far WRITERS. 7 from the busy scenes of the metropolis : nor need he exclaim, like the drudging Grub Street poetaster, " Oh rus! quando te aspiciam?" But the method adopted by many persons of acquiring knowledge and information, is very short, easy, and simple. Sensible that it would occupy every moment of a man's life to peruse attentively, and digest effectually, the numerous productions of the fruitful press, they have dis- covered a very prudent plan, whereby they may acquire the reputation of deep readers, and ele- gant scholars ; that is, by learning the titles of books, and, as is usual with respect to noblemen, to boast an intimate acquaintance with them : or, if they particularly desire to evince the profundity of their reading, they get an insight into the index, and then the mighty task is completed ! But sometimes the devil's hoof will appear, not- withstanding every eflPort at concealment; for when these gentry are closely pressed, as to the substance of their knowledge, they will talk of Henry the Fourth of France being contem- porary with Henry the Fowler of Germany, — the siege of Belgrade by the French, — the con- quest of England by Charlemagne, — and a thou- sand ridiculous inconsistencies. Under all the foregoing circumstances, con- sider the difficulties attendant on the first appear- 8 WRITERS. ance of a writer. Worse, — ten thousand times worse, — than the first appearance of a performer on the stage : for there the numbers are con- fined ; and the class of the dissatisfied, even if every individual were to evince disapprobation, must of necessity be limited ; but in the other case, a writer has to combat against the opinions of a whole nation of critics ; for almost every apprentice sets himself up for a judge, and, although even ignorant of the conmionest rules of composition, passes sentence with the coolness and deliberation of a judge sitting in judgment. And, unfortunately, they imagine that the test of their abilities consists in their skill in discovering errors and blunders: so it may easily be imagined, how an author fares among such a set of ruffians; who, to speak figuratively, not only rob him of his money, but even take his clothes, and leave the poor wretch in a state of pristine nudity. It reminds me of the common story of the painter, who, wishing to be guided according to the su- perior judgment of the public, exposed his pic- ture, with an underwritten request, that every individual would mark whatever errors he might discover in the performance. Alas! how was he deluded in his expectations! — for each person, glad of an opportunity of evincing his taste, had .scriijjulously complied with the painter's desire : WRITERS. 9 and when the poor artist came to see the proof of public approbation, he beheld to his grief, in every part of his picture, the mark of censure affixed ! But then the reviews, — the magazines, — the literary journals, — the critics, — the lords of fame and reputation, and celebrity — who, with the mere stroke of the pen, can give a name to live through ages ' in the womb of time ;' or can damn the poor unhappy wight who has lucklessly excited their indignation, and blast his fondest hopes — they — they assuredly are to be con- ciliated. There, indeed, lies the fearful Rubicon, — and it must be passed! But what can I, — unknown, — unbefriended, — 'do in this dire ex- tremity? Which way shall I turn, or to whom appeal? That, indeed, is a question which only adds to my despair ! They, indeed, are considered the test, — the touchstone, — similar to the play in Hamlet, which was to discover the guilt or innocence of the king of Denmark. Gentlemen, (for who can doubt your gentility?) have mercy upon me ! I never gave you cause for offence, — I never offered you an insult or affront; but have ever listened to your decisions with reverence. I cry your mercy, — grant me your pity, — afford me your support, — have some regard to the miseries attendant on a first appearance, — lau- 10 WRITERS. date et plaudite, — give me your approbation, — or, if that be impossible — if it be incompatible with your usual observance of candour — at least inflict your castigation with a sparing hand ; — and, if you cannot assist, do not load an op- pressed and sinking wretch. ON THE FORMATION OF POLITICAL SOCIETY. " And, to descend from the greatest operations to the smallest, when a workman forms a clock, or other piece of mechanism, he establishes at his own pleasure certain arbitrary laws for its direction ; as that the h.ind shall describe a given space in a given time; to which law as long as the work conforms, so long it continues in perfection, and answers the end of its formation." — Blackstone. The helplessness of man must have been so apparent to himself when in his savage state, as to have rendered a solitary life but of short con- tinuance. Association of families was, therefore, quickly effected. If society, however, is to be understood as having for its basis the unanimous concurrence of the community, that basis must have been established by general concord. This concord, in order to effectuate its own preserva- tion, of necessity gave rise to certain covenants or provisos, from which the necessary conditions or regulation's, and restrictive laws incidental to society, immediately originated. 12 ON THE FORMATION OF Reason, and the discriminating sense of right and wrong, must have quickly convinced every individual of the absolute necessity of carefully observing the above regulations and conditions, without which no improvement could have been effected in the state of society. These conditions, in their nature most plain and simple, were not at first expressed or set forth, but only tacitly under- stood; and when use had evinced their practical utility, they were handed down to posterity by oral tradition. These rules are termed by lawyers, " leges non scriptae ;" meaning that, their authority not having been explained in books, the nature of their binding poAver is alone understood by immemorial usage, and the universality of their reception ; or, as Aulus Gellius expresses it, " tacito et iJliterato hominum consensu et mo- ribus expressum." This species of law, besides its prevalence in Lycia, India, and other coun- tries, influenced the conduct of the Druids and primitive British and Continental Saxons: and this the observation of Caesar amply proves, *•' Leges sola memoria et usu retinebant." The first laws, however, not being fixed on any given or sure standard, were too vacillating in their nature to be productive of permanent advantages. Their definitions were indistinct, and their prohibitions incomprehensive : besides. POLITICAL SOCIETY. 1 o every individual member of the community had not arrived at the self-same mark of maturity of reason; Lut was subject to caprices, swayed by passions, or bhnded by prejudice. And, as during that period every man was his own judge and avenger, the evils originating from these sources may be easily imagined. A sense of weakness, resulting from wants and fears, con- gregated individuals into society : accordingly, after the period of their formation into commu- nities, finding the tacit laws and traditionary cus- toms too weak to restrain the licentiousness of the age, they endeavoured to discover the most effectual remedy for the prevention of those evils, and that misery, to which they found themselves exposed. Hence originated that cement of civil society which has been denominated the original contract ; and which inculcates the necessity of the whole defending every part, and every part yielding obedience to the whole. Hence, also, originated that voluntary establishment of in- equality, which has given birth to the different forms of government which have prevailed on the face of the earth. The first form of government recorded in his- tory, is the monarchical. This is certainly the ])lainest, the simplest, and most easily under- stood. It was immediately derived from patri- 14 ON THE FORMATION OF archal authority, and is well known to have been the primitive mode of government in every country. Monarchy was originally elective; but the cus- tom could not be of long continuance, in conse- quence of not only the inconveniences, but the misery resulting from elections ; somewhat similar to the excesses committed by the newly suc- ceeding emperors of the Mogul empire, accounts of which are extant even later than the reign of Aurenzebe*, and the evils consequent upon the elections of the Roman emperors. Crowns, there- fore, with very few exceptions, became very early hereditary. The object of society in establishing a pre-emi- nent authority, was to remedy the insufficiencies of natural law, and the inconveniences of primi- tive regulations ; but its preservation was utterly impossible without the existence of a subordina- tion of ranks, and an implicit obedience to the edicts of the monarch. It may, therefore, rea- sonably excite the curiosity of those beginning to investigate such matters with a philosophic eye, whence proceeds the obedience of the many to * The circumstance of successors endeavouring to murder their brothers and kinsfolks, in order to enjoy an undisturbed and undisputed title to the succession, was prevalent even among the Scottisli chieftains, and has been adverted to in the Essay on James. POLITICAL SOCIETY. 16 the will and pleasure of the few ? — especially as the natural strength of man lies only in the firm- ness of his limbs, and the unblenching nature of his courage ; and that, with these assistants simply, it were an absurdity to cherish the supposition that he could have brought multitudes under sub- jugation to his power. Hence are they led to imagine, that the original contract before men- tioned must embrace a wider space ; and that, as all men were born equal with regard to physical strength, the voluntary acquiescence of the people alone must have effected their congregation. No man, therefore, is bound to deliver the freedom which he inherits from nature into the hands of any master, without a certain gain equivalent to the loss sustained ; and hence arises the tacit promise and agreement between the ruler and the ruled. Of this philosophical system, which prima facie appears so plausible, it would be no difficult matter to prove the establishment on fallacious principles ; — not to oppose theory by theory, (for it were just as easy to build them in favour of one party as another :) the reasoning is easily confuted by fact. Upon many subjects conclusions from public opinion may be with propriety deemed incorrect and inconclusive ; but with regard to this, it is the surest standard whereby to arrive at a correct decision. It matters not what one or two nice 16 ON THE FORMATION OF reasoners may say, who endeavour to convince by hypothetical arguments ; but what the aggre- gate body affirm. Hereditary successions took early effect among the most ancient i^iations. Of this the Babylonians and Assyrians, the Persians and Chinese, the Indians, Arabians, and Egyp- tians, the Greeks, and various otliers, aiiord ample proof. The Romans, indeed, are a solitary excep- tion. But, in all those countries, not a syllable was said respecting the promise and contract. Indeed, the only proof which we have of such an idea being entertained by the ancients, is afforded by Plato, and has reference to Socrates. He cer- tainly refused to effect his escape from prison when an opportunity was presented to him by the gaoler, merely upon the plea that he would ever abide by the decision of that law which he had vowed to observe. Whether the right of the sovereignty has been acquired by conquest or succession, the title of the monarch has not been denied by the subject. Thus was it with Augus- tus and his successors, — vv ith Alexander and Tamerlane. Conquerors have altogether disre- garded the idea of a contract, and have always scrupulously asserted their monarchical rights and privileges ; and, although the people may suffer these exactions with reluctance, nevertheless time would soon bestow authority on what was origi- nally obtained by violence. Princes have, upon POLITICAL SOCIETY. 17 every occasion, claimed their subjects as their property. Thus did Ehzabeth treat her sub- jects*. Neither Henry IV. nor Henry VII. had any well-founded pretensions to the English throne, except a parliamentary election ; and yet they were both extremely jealous of acknowledging the ori- gin of their tenure, naturally apprehending the de- terioration of authority as the consequence of s-uch an impolitic measure. Numberless examples of this description might be easily adduced, if space permitted their introduction. But, even for one moment to allow the justice of the above arguments in favour of the original contract, the maintainers of that opinion would quickly witness the evils flowing from such an allowance. The desired object in congregating, was to ensure comfort, peace, and security, to the community. Supposing, then, that there was an agreement between the ruler and the ruled ; the multiplicity of tastes — the dissonance of opinions — the difference in tempers, habits, and passions, would render it but of short duration. * Sir Charles Blount, afterwards Lord Mountjoy, having gone to France without the Queen's permission, she imme- diately recalled him, and told him * to serve her so once again, and she would quickly lay him fast for running.' From this may be inferred the restraint which she usually imposed upon the actions of her subjects. — Winstanley's Worthies. c 18 ON THE FORMATION OF If justice SO regulated the actions of men, that one would never infringe upon the rights of another, then every thing would proceed in the desired channel, and we should behold the glories of the Utopian government; but selfishness, which is the predominating quality in the mind of man, always counteracts the operations of justice. We are convinced of the excellence of the latter, and yet yield obedience to the dictates of the former, *' video meliora proboque ; deteriora sequor:" the world cannot be governed merely by purity of intention and strength of argument. Something further than the conviction of the understanding is required; the subjugation of the heart, and the conviction of the passions. Witness the number- less actions pending in our courts of law. Is it reasonable to suppose that every member com- posing that immense body of suitors, which are continually thronging Westminster-hall, proceed there under an idea that they are maintaining a right and just cause. It were folly to do so. Some certainly are entangled in law-suits from ignorance — some from folly — some from obsti- nacy, — and some from selfishness. The case would be precisely the same in the political world. The certain consequence would be, that discordance would quickly prevail, and society revert to its pristine anarchy and confusion. It were in vain to consider virtue and good POLITICAL SOCIETY. 19 morals resulting from the refinements of philo- sophy: the theory would be raised on a false foundation. They are the consequences of wise laws and sound regulations ; for surely philosophy itself owes its origin to these, since it is derived from the operations of education ; and, without order in society, education could never be. The meed of praise and honour, then, is certainly due to legislators, whose care has extended to the promotion of the happiness of mankind. From honour, then, springs respect, — from respect, vene- ration, — from veneration, authority. Thus has the mind been gradually led from one step to another, — even to the full acknowledgement of monarchy. Hence, after the acquisition of the title, and not till then, comes the recognition. This the Comte De Boulainvilliers has ably maintained in his Treatise, wherein he demonstrates the impossi- bility of an original contract subsisting between the monarch and the French people. Several other arguments could be brought in my favour, but I will only mention one or two more. First, Interest upholds monarchy. This interest is of two kinds, — private interest, and public interest. By private interest, I mean the expectation of receiving rewards and favours. The king is the source of all honour and power, and as his means are adequate to the most muni- ficent supplies, multitudes will be always courting 20 ON THE FORMATION OF his smiles, and soliciting his grace : some he will notice above others, and hence will arise affec- tion. By public interest, I wish to signify our own ideas of the government with respect to its excellency above all others. There is a charm in antiquity. When we, therefore, see a govern- ment which has been matured and brought to perfection by our ancestors, — when we hear that they fought for it, and shed their blood to effec- tuate its preservation, we are willing to attribute to it excellence above every other. The next argument is the idea of right; that is, the right which the sovereign inherits by birth and acces- sion, and the prerogatives annexed to the sove- reignty. Then comes the influence of property. Harrington in his writings endeavoured to esta- blish the principle, that the balance of power was dependent on the balance of property. If I am not mistaken, this opinion has had its advo- cates since the time of Harrington ; but the very circumstance which occurred immediately after the publication of his work, was a convincing proof of the rottenness of the foundation on which his theory and arguments were con- structed. I allude to the re-establishment of monarchy ; but, independently of positive proof, it can be refuted by counter-arguments. Although the individual property of the king be consider- ably less than the aggregate property of his POLITICAL SOCIETY. 21 subjects, nevertheless the force of thel atter will be weakened by dispersion ; while the former will be strengthened by concentration. Lastly, the influence of fear. If the last observation be admitted, the powder of the sovereign will at all times have predominating influence. As he is the source of honour, so is he of justice; and if he is willing to reward the fidelity of his ser- vants and subjects, he is ever ready to award to crime an adequate punishment. Thus, then, there will always be a check upon the passions of the ill-disposed, which becomes materially stronger by the co-operation of the favourably inclined. The object of society, in establishing a supreme legislative power, being to rectify those abuses to which it had theretofore been subjected, laws immediately originated. These laws have been termed positive laws, because their design and tendency are obvious and direct. They were suf- ficiently powerful to embrace the general inte- rests of society, and to prevent the commission of wrongs. Wrongs are of tw' o kinds — • public and private. The former are violations of the rights of society; the latter, of individuals com- prising that society. Positive laws are also of two kinds — primary and secondary: primary positive laws are applicable generally to every branch of society, as right to property ; and those regulations 2l2 ON THE FORMATION OF comprising the penal code. Some writers have maintained that the establishment of marriage and public worship commenced with society, and thence originated all laws; as they were the grand instruments in bringing it into a state of subordi- nation. In this opinion T cannot concur. They are not absolutely necessary for the formation of society, although they may be for its preserva- tion; and, as society at its commencement has existed without an adherence to either, we may thence consider them as having been the imme- diate consequence, not the prime source of laws. Secondary positive laws were not established until society had made some slight progress, and effected some improvement : these have reference to agriculture and commerce, and have thence received the appellation of Civil* laws. The annals of every country attest the truth of the above assertion, and that immediately upon the establishment of agriculture, and commencement of commerce, legislators were very anxious to place these laws upon the surest foundation. For such like services the Egyptians extol their great Osiris ; and the Greeks the goddess Ceres ; the Aborigines of Italy, their first monarch Saturn ; and the inhabitants of ancient Spain, their sove- * Justinian thus defines the civil law, " Quod quisque popu- lus ipsesibi jus constituit, id ipsius proprium civitatis est, voca- turque jus civile quasi jus proprium ipsius civitatis." POLITICAL SOCIETY. 23 reign Kabis ; the Chinese honour the name of Yao ; and the Peruvians, Manco Capac. The law of nature, which is the foundation of all human regulations, may be said to be intuitive in the mind of man : it can be brought to this most simple and plain definition, " Honeste vivere ; alterum non Isedere ; suum cuique tri- buere." The exercise of reason, indeed, has no share in the discovery of these principles, but only in their proper application : their knowledge cannot be acquired by metaphysical arguments, or mathematical disquisitions. If man's reason were unerring, then their attainment would cer- tainly be no difficult matter; but in consequence of its liability to error, notwithstanding the most subtle ingenuity in investigation, the conclusions formed would be most discordant and unsatis- factory. The first position of Ethics is, that man should pursue his own welfare and happiness. The great actuating principle which induces him to promote his feficity, is self-love. This desired point, however, cannot be attained without fol- lowing a right line of conduct, by implicitly ob- serving those regulations which the joint con- currence of society has established for self-pre- servation ; thereby lending his assistance towards forwarding the general interests of the com- munity, and receiving in return safety and pro- tection. Hence he is obliged to give a strict 24 ON THE FORMATION OF adherence to justice. Between justice and humaiB felicity, however, there is a secret and intimate connexion, and thus is the original object in congregating carried into effect. It has been considered as a highly politic mea- sure in the exercise of the legislative science, to frame laws in their nature vindicatory, and notre- muneratory. And this for obvious reasons. First, because the uninterrupted enjoyment of our rights and privileges, as members of the community, is of itself a sufficiently powerful inducement to render us strict in prosecuting a right line of con- duct. Secondly, because punishment is always a more powerful incentive than reward. The latter cannot always attract the energies of the mind into action, since every man is not capable of evincing emulation ; and although in this par- ticular deficient, nevertheless he can still live in happiness, since emulation is not a quality neces- sary for the attainment of felicity. But the for- mer threatens to inflict a certain chastisement and pain as the sure consequence of non-com- pliance. But, although there are no specific rewards ap- portioned as an inducement to promote the exer- cise of the social virtues, nevertheless there are two incitements which, notwithstanding they are denominated prejudices, have had a salutary ten- dency in deterring society from the commission- POLITICAL SOCIETY. 25 of crimes — the desire of acquiring honour, and the fear of incurring disgrace. The one has been considered as a satisfactory recompense, and the other as a sufficient punishment. Thus, among the Romans, says Montesquieu, the legislator had only to point out the right line of conduct to be pursued, and the people invariably and spontane- ously acted according to the directions given. The Valerian and Porcian laws altogether ren- dered unnecessary the penalties denounced by the laws of the twelve tables. The punishment of the regal laws were abolished. Here, then, the very stigma of dishonour was sufficiently dis- graceful to prevent the commission of crimes. From these principles in human nature the greatest advantages have assuredly arisen to society. Having said thus much on the formation of society and origin of laws, we will now take into consideration the application of those laws, in as far as relates to Criminal Jurisprudence. A con- sideration of this subject should excite the best sympathies of our nature. Party irritations should not be suffered to lead astray our better judgment. This is not a contest between Whig and Tory for predominancy in government, for this question has not the most distant interference with politics. Its purpose is the improvement of mankind — for bringing into the path of duty those of our fellow- creatures who have been long plunged into the 26 ON THE FORMATION OF most vicious enormities — for retrieving: lost hu- manity. How delightful a task ! Ought we not, therefore, to be active in our exertions ? We should, indeed, accelerate our measures with joy- ous alacrity, in order to effectuate the desired object. The early abolition of torture in England ac- quired for the criminal law a greater degree of celebrity than any other country had before en- joyed. This, added to the impartiality which generally characterised its proceedings, rendered it an object of admiration throughout the nations of Europe. Although it were impossible to sup- pose that any thing resulting from human wisdom and capacity can be all perfect, nevertheless that very superiority which our laws acquired, and that great estimation in which they were held, abso- lutely prevented any alteration from taking effect. Errors were indeed discovered which human fore- sight could not anticipate; faults became pal- pable, of which the legislator never dreamed ; but antiquity had given them a venerable appearance, and it was thought a crime nearly approaching to sacrilege to attempt improvements. The crimi- nal code thereby in substance remained unal- tered, and no attempts were made till very lately. It is true. Committees were appointed by both Houses, particularly in 1750 and 1770; and though in their reports they pointed out several POLITICAL SOCIETY. 27 changes, from which general utility would result, still nothing effectual was done. In 1810, how- ever. Sir Samuel Romilly brought in a bill for abolishing capital punishment in certain kinds of larceny; and such was his eloquence, such his powers' of argument, and so effectually did he point out the errors under which our criminal code laboured, that the subject has been intro- duced into general discussion. A Committee was appointed, which returned a Report, ordered by the House of Commons to be printed in July, 1819 ; and though it does not contain intelligence as satisfactory as might be adduced on so import- ant a subject, still it is to be hoped that some practical result will at length take effect. Punishment is an evil consequent upon the commission of crime, in order to prevent its re- currence. This end is to be attained by a consi- deration of three things — the amendment of the party offending, the deterring of others, and the reparation to society and the party injured. Of these, however, the first claims the highest im- portance. The interests of society cannot be better upheld than by the prevention of crime; and if the operation of those punishments decreed by the law fail to excite terror by example, every hope of reformation is fled, until the discovery of some other practical method. It is palpably evi- dent that our present system of punishments has 28 ON THE FORMATION OF not the desired effect. Our criminal laws have within the last century increased fourfold. If increase of laws and severity of punishment be a certain indication of the scarce occurrence of crime, then, indeed, this country w^ould be truly blessed ; for it has been repeatedly affirmed by persons of the strictest veracity, that if all the penalties denounced by our laws were enforced, the English would have the satisfaction of boast- ing their possession of the bloodiest system, and most sanguinary code, ever invented by the fertile imagination of man. But the course at present adopted is not productive of rarity of crime. In one single year no less a number than 107,000 passed through the prisons of the united kingdom. With this fact palpably before our eyes, can we still have perfect confidence in the capability of our system? But, independent of this, the num- ber of criminals has been yearly increasing. To this may also be added the melancholy statement, that the juvenile depredators only, who get their daily bread by pilfering and stealing, amount to upwards of 10,000 in this metropolis. Can we then still proceed in our infatuation? Shall we still slumber in our lethargy? Shall we tamely suffer our better senses to be deluded by theoretical doctrines? " When we reflect," says Basil Montague, in his Inquiries respecting the punishment of Death, " upon the criminal codes POLITICAL SOCIETY. 29 of past ages, it may seem extraordinary that any reliance should now be placed upon the efficacy of severe laws; for if severity could have pre- vented crime, crime would lono- since have been exterminated, and we might look back with less remorse at limbs torn asunder by wild horses, at burnings, at impalements, at crucifixions, and the many sad barbarities inflicted by man in autho- rity over his offending and unoffending fellow- creatures !" How remarkable a contrast does the comparison between France and England offer ! In the former country, although containing nearly 30,000,000 inhabitants, crimes are more rare than in England, containing only 11,000,000. This of itself is sufficiently conclusive to prove our sys- tem radically wrong. It cannot be doubted that a greater degree of discrimination is required in our laws. To prove the thoughtless haste and rapidity with which some of our statutes have been enacted, Mr. Buxton has mentioned two circumstances in his celebrated speech on the Forgery Mitigation Bill. Mr. Burke, when once leaving the house, was stopped by the serjeant,who requested his attend- ance a little longer. " I am in haste," replied the orator, "and must be gone." "Oh!" said the Serjeant, with the most perfect nonchalance, " 'tis only a Felony without benefit of clergy Bill, and will not long delay you." The other 30 ON THE FORMATION OF is certainly much stronger. Sir William Meredith having once retired up-stairs, for the purpose of writing a letter, saw a member half asleep assent- ing to a bill which the clerk had been reading, and each section of which terminated with the words " liable to the punishment of death, with- out benefit of clergy." On requiring of the sleepy member the nature of the crimes against which such severe penalties were provided, " It is," replied he, " because my turnips are plun- dered every night; and having obtained permis- sion from my worthy friend the Rector to have the villains hanged, I have introduced this bill, to carry the intention into execution!" A person who steals a sheep from a common incurs the penalty of death; but should he steal a child, he is only liable to transportation.* This appears paradoxical ; but a somewhat satisfactory explana- tion may be thus assigned — that sheep are neces- sarily exposed, and thus more liable to be stolen ; but if a child is lost, it is assumed to be through the negligence of the parents. But if a man kills a rabbit, or murders his father, the penalties are the same! This, indeed, assumes a more serious aspect. Again, if a person commits a robbery, or breaks into a house, his sentence is death ; but » Until very lately, killing a black man did not in South Carolina constitute the crime of murder. POLITICAL SOCIETY. 31 if his crime is aggravated by the commission of murder, the punishmentremains unchanged. This, indeed, requires our most serious attention! In Germany they observe a difference. The punish- ment of hanging is awarded to theft; to murder decapitation ; and breaking on the vv^heel to one guilty of the double crime. This discrimination, I have been informed, is attended with salutary consequences. Another fault observable is the partiality of punishment. Oftentimes are two persons tried for the self-same offence, when the one suffers a mitigated penalty, and the other has to endure the extreme rigour of the law. This is done simply because the one bears a better cha- racter than the other. "So that in England," says Lord John Russell, " a man is hanged, not for the crime of which he is found guilty, but for the general course of his life. Thus it was," con- tinues he, referring to the case of Essex, " that a man of notoriously bad character, after a course of larceny and burglary, was at last, to the great surprise of his neighbours, his jury, and his pro- secutor, hanged for cutting down young trees!" If punishment is intended as an example, the proof of its inadequacy to effectuate the end pro- posed will be no very difficult task. Of late years, notwithstanding the severe penalties denounced by our law, crimes have increased in occurrence. But, not to confine our observations to our own 32 ON THE FORMATION OF immediate times, the reign of Henry VIII. will afford a sufficient demonstration. For robbery simply he executed 72,000 persons. The severity of punishment was in a very trifling degree abated during the time of Elizabeth. But notwithstand- ing those numberless examples, the warning, dreadful as it was, proved too weak a barrier to prevent the commission of crimes. During both reigns they increased. Too much dependence was placed on the exertions of the executioner; and no measures were adopted to prevent the oc- currence of offences. But, not to dwell longer on facts of which a multitude could be adduced, there exist plain reasons : and, first, the offender's hope of escaping discovery. This always inspires the party meditating the deed, and upholds him after its commission. Every matter cannot pos- sibly come under the cognizance of the law, so that the fear of punishment proves a feeble pre- ventative. ThusVickery deposed before a commit- tee of the House of Commons, that within the short space of one month there was property stolen in the city of London to the amount of £15,000, and not one of the thieves had been ap- prehended. Thus also with respect to the mur- der of the late unfortunate Mrs. Donatty. Se- condly, he trusts to the clemency of the judge or jury. Of this daily instances occur. In number- less cases juries have returned the most inconsist- POLITICAL SOCIETY. 33 ent verdicts, " A juryman," says the noble au- thor before cited, " who had often served on bank- rupt cases, told me the juries on which he served would never take the law from Lord Ellenborough, although he was probably in the right, but per- sisted in affixing their own erroneous but merci- ful interpretation." Jurors have repeatedly per- jured themselves, in order to serve the purposes of humanity. Mr. Roscoe has mentioned the fol- lowing circumstance in his excellent work upon " Criminal Jurisprudence." ' At Carnarvon ses- sions (1818), J. Jones, a drover, was tried for utter- ing forged bank notes ; and, notwithstanding thirty- one witnesses established the charge, and Mr. Glover, inspector to the Bank of England, traced thirty-nine notes to have been paid by the prisoner, the jury returned a verdict of Not guilty! Next day, the same prisoner was indicted for having forged notes in his possession, and the jury again returned a verdict of Not guilty.' When the ma- gistrates of the borough of Pevensey were entitled to try prisoners, a man was convicted of stealing a pair of leather breeches. On being informed by the Clerk to the bench that the penalty was death, without benefit of clergy, frightened at the idea of exercisino- such riyour over the life of a fellow- creature, they sent a deputation to ask the opi- nion of a neighbouring gentleman in what manner they should act, when, the Chief Baron happen- D 34 ON THE FORMATION OF ing to be at dinner, he told them, in a merry mood, to return a verdict of manslaughter. The ma- gistrates implicitly followed his advice; and to this day is to be found, in the records of the bo- rough, the remarkable instance of a man having been found guilty of manslaughter for stealing a pair of leather breeches ! This single fact, ridicu- lous as it may appear, is sufficient to show the qualms under which the consciences of jurymen oftentimes labour. Thirdly, a mitigation of pe- nalty. Out of a number of persons condemned to death, sometimes only one is executed. The pu- nishment of the others is commuted to transporta- tion, which change is joyfully hailed by the pri- ' soner. Thus, then, although he is discovered, committed, tried, convicted, and condemned, still he entertains hopes of escaping with his life. This is realized in nine hundred and ninety-nine cases out of a thousand. It is a curious circumstance, sufficiently authen- ticated by observation, and borne out by fact, that a remission of some certain taxes would ren- der the sale of the articles on which they are im- posed and levied more brisk and extensive, and would therefore materially augment the public re- venue. In the same way, if I may be allowed the similitude, would the amelioration of punishment lessen the occurrence of crime. This statement to a novice may appear preposterous, inasmuch POLITU AL SOCIETY. 35 as the relaxation of the severity of punishmeut would allow a greater freedom to men's actions. This plausible mode of argument has had due effect among the nations of antiquity. Sufficient exemplifications are visible in the laws of Egypt, China, and India. It is also observable in the institutes of Moses. The laws of the Athenian Draco were said, on account of their extreme se- verity, to have been written in characters of blood. Capital punishment was denounced by the laws of the Twelve Tables aoainst the most triflins; in- fringement. The Gauls and Northmen also are remarkable for the severity of their regulations. Our own statute-book denounces the penalty of death for the commission of upwards of two hun- dred offences. Remaining in company with gip- sies ; being found disguised in any forest or park ; unlawfully hunting deer; robbing warrens; break- ing down the mound of a fish-pond; injuring Westminster bridge, or any other bridges ; cutting- down trees; concealment of goods by bankrupts; cutting down the bank of any river; destroying any fence or sluice; sending threatening letters; personating out-pensioners of Greenwich hospital ; maliciously cutting serges ; harbouring offenders against the Revenue Act, when returned from transportation ; — are (amongst a multitude of others) reckoned as capital crimes, and the pe- nalty provided is death. The writer of the article 36 ON THE FORMATION OF upon the " Report from the Select Committee on Criminal Laws *" has, with great ingenuity and so- phistry, endeavoured to prove the efficacious prin- ciples upon which all these acts have been seve- rally established, and the salutary consequences which have been derived from their enactment. Theoretical arguments will stand plausibly enough, while no facts are in existence to disprove their plausibility. But facts in this instance are as pow- erful probatives as is the alembic of thealchymist. They are altogether against him. The original intention which prompted the passing of these acts has been defeated. Severity has not the de- sired effect; crimes are daily increasing, and there- fore resort must naturally be had to other mea- sures. Besides, particular instances are not cavilled at; the whole system is radically WTong, and a remodelling is absolutely necessary. Let not persons for one moment suppose that the criminal code, as existing at this day, is the self-same which regulated the actions of our an- cestors. There are some, indeed, whose blind attachment to the constitution has led them to this supposition ; but the two are as dissimilar as light and darkness. The punishments generally inflicted by the Saxon code consisted of mulcts; the penalty of death was rarely denounced. Our * In the 47th Number of the Quarterlv Review. POLITICAL SOCIETY. 37 Alfred in his wisdom enacted that the crimes punishable by death in the Jewish code should, among those professing the merciful doctrines of Christianity, be visited by a milder penalty. The Danes, who entertained towards the Saxons the most deadly hatred and animosity, whose object was to eradicate every establishment of Saxon origin, were so struck with the wisdom displayed in the penal enactments, that they altogether retained that principle of legislation. Canute breathed a like spirit of moderation as the great son of Ethelwulph. William the Conqueror, not- withstanding all his cruelties and barbarities, in his two codes forbade the infliction of death. The names of Bacon, More, Coke, Spelman, and Blackstone, can be adduced as the firmest sup- porters of so merciful a system. But it was not in this country only that its advocates appeared. Montesquieu and Voltaire dilated with consider- able ability and eloquence on this subject. In one of the small states of Italy, however, arose the powerful pleader for moderation in penal jurisprudence. It was under a despotic govern- ment that the celebrated Beccaria wrote his admi- rable treatise ; and his exertions eflfected consi- derable improvements in criminal legislation in many countries of Europe. The grand duke of Tuscany was the first among the reformers. His mitigation of the penal code was productive of 38 ON THE FORMATION OF such salutary and satisfactory consequences, that, towards the close of the year 1786, he issued the famous edict of Pisa, which altogether abo- lished capital punishment throughout his domi- nions : and so great was the tranquillity which resulted from his measures, that his subjects be- stowed upon him the appellation of the good Leo- pold. His brother Joseph was as indefatigable as himself; and had he not been thwarted in his de- lightful operations by the nobles of Hungary and Austria, he might perhaps have attained a happy degree of perfection. The penal codes of Ger- many and Russia underwent complete alterations. Maria Theresa, in the former country, tacitly sanctioned the suppression of torture; and the emperor Joseph II., by an edict in 1787, altoge- ther prohibited it. The empress Catherine pub- licly proclaimed the abolition of capital punish- ment, which proclamation was certainly an impo- litic measure. In France and in Spain the torture was laid aside, although Tourreil and Castro strongly maintained its utility. In Prussia, Swe- den, Saxony, and Poland, the same example was followed, and the same mild doctrines adopted. If I were writing a separate treatise upon Cri- minal Jurisprudence, I might be induced to dilate at length on every topic connected with it: but as this is only intended as an essay, and a small portion of a volume, I can only be expected to POLITICAL SOCIETY. 39 touch slightly on each point. Should any indi- vidual be disposed to give this matter a cool and calm consideration, there are numberless works on this subject which he can consult with advan- tage. Among others, I would recommend that by Mr. Roscoe, and Mr. Buxton's pamphlet on Pri- son Discipline, which, for accuracy and truth, stands unrivalled. Mr. Miller has a work in the press ; and its publication will, I doubt not, amply confirm the high opinion which the public have formed of his deep learning, acute discrimination, and powerful abilities. By consulting Mr. Buxton's " Prison Disci- pline," the reader will be convinced of the glaring errors visible in that department. Indeed, it re- quires a speedy revision. Government have com- menced their operations in effecting improve- ments ; and it is to be earnestly hoped they will proceed with every despatch in the prosecution of that necessary duty. Next to imprisonment comes transportation. This is certainly not now considered as a punish- ment by those convicted and sent abroad. When towns are few, society scarce, and trade inconsi- derable, then it might produce the desired effect* ; but now society and comfort are to be found equal- * This observation the conduct of the first convicts sent to New South Wales sufficiently proves. 40 ON THE FORMATION OF ly in New South Wales as in England ; and the offender leaves this country in joyfulness and expectation. Cicero has very wisely observed, " Exilium non supplicium est, sed perfugiuzTi portusque supplicii." And the Roman law suf- fered prisoners the alternative of going into vo- luntary banishment, or standing the chance of a trial. Until the reign of James I. of England, a similar choice was allowed to culprits by the well-known practice of abjuration of the realm, derived, as I rather think, from the superstitions of the middle ages. Thus, then, the laws do no more now than the free choice of prisoners did in former times. In a late publication by Mr. Thomas Reid, sur- geon, on the colony in New South Wales, there is given a detail of facts which comes under the author's own obsei-vation. From its perusal the reader will be soon convinced of the efficacy or inefficacy of transportation. What with the mis- conduct of the superintendent of convicts and his subordinates, and the deep-rooted, dissolute, and abandoned habits of the convicts themselves, it is impossible for reformation to take effect. " It might be expected," says the last-mentioned gentleman, " that the passions of prisoners, whe- ther male or female, sentenced to transportation, having been long kept under by discipline, a sense of guilt, and repentant retlection, during the POLITICAL SOCIETY. 41 voyage, would not be easily roused again into mischievous action : but even a momentary con- sideration of what human nature is, and how prone it is to evil, as also the former state of these persons, will forbid a too confident expect- ation that the mind long accustomed to habi- tudes of vice, and subdued only by a powerful sense of shame or religious feeling, can be at once thoroughly reformed, and secure from re- lapse. It was doubtless with a view to prevent any thing of that unhappy tendency, that the local government instituted the confinement of the prisoners, as already mentioned. The following- circumstance will show how careful the super- intendent is to maintain this humane intention." Mr. Reid thought it his duty to point out to the notice of the governor two females, who, on account of their profligate behaviour, required immediate attention. His Excellency gave orders to that effect; yet, such was the negligence of the superintendent, that on that very evening the two women were allowed to go at large through the streets of Sydney. On visiting the gaol the morning after the prisoners had been landed, he found to his utter astonishment that the night had been passed by the inhabitants in noise, drunkenness, and inde- cent revelry, occasioned by the introduction of spirits ; which circumstance could not possibly 42 ON THE FORMATION OF have occurred without the knowledge of the keepers. And one of the women at the Factory at Paramatta assured Mr. R., that " if angels from heaven were placed there as they were, they would in three nights be corrupted !" So much for the benefits resulting from transportation. After due consideration, I certainly think that the penitentiary system, properly managed, would be most efficacious in its consequences : in this 1 am only echoing the opinion of some of the first men in this country. The Quarterly Review, indeed, ridicules this system, and likens the peni- tentiary at Milbank " to one of the fortified towns which have so long given interest and pro- tection to the flats of Holland." Although an injudicious taste and choice directed its present form and situation, still it certainly does not follow, as a necessary consequence, that every other penitentiary is to resemble a " fortified town," or be situated in a quagmire. As to the expense : first, the sums at present expended in transportation may be applied to this purpose : secondly, a certain portion of the money to be acquired by the labour of the prisoners might be contributed towards the self-same object. " By a just retribution for our folly," says Mr. Roscoe, •' it costs us more to punish crimes, than it would to prevent them." I shall, therefore, in the last place, mention the most effectual POLITICAL SOCIETY. 43 preventatives. Amongst the principal sources of" crime may be reckoned intoxication : to this may be traced some of the most horrible and abomi- nable excesses which have been committed by men : by its power we are " rendered insensible to the milder feelings of our nature, and regard- less of all consequences, whether as affecting -this world or another." As long, therefore, as spirituous liquors are to be had freely by the com- munity at large, so long every shocking excess must continue. Gaming-houses may also be reckoned among this number, as well as unne- cessary fairs. Upon a moderate computation, there cannot be less than seventy-five fair days annually in the neighbourhood of London, when is exhibited every species of riot, disorder, and debauchery, which can be possibly imagined. Female prostitution and juvenile delinquency hold considerable places in this list. The late Sir John Fielding frequently said, that within the parish of Mary-le-bone alone there were nearly 12,000 prostitutes ; and it is a known fact, that there are more than 10,000 children distributed about the streets of the metropolis, who depend on pilfering as the source of their livelihood. ON THE POLITICAL CHARACTER OF JAMES THE FIRST OF SCOTLAND. " Ages to come shall thee revive, And gar thee with uew honours live; The future critics, I foresee, Shall have their notes on notes on thee; The wits unborn shall beauties find. That never entered in my mind." Allan Ramsay. Several essays have been lately written, in so able and admirable a manner, upon the literary attainments, poetical talents, and romantic amour of James the First of Scotland, that it would appear presumptuous in me to say one word upon that subject. His taste for literature has received the eulogia, his proficiency in the several arts and sciences raised the admiration, and his miserable and untimely end excited the sympathy of posterity. The subject seems to have been completely drained; but there is one point which has not been sufficiently touched, — 46 ON THE POLITICAL CHARACTER OF one point which has not received its just meed of commendation ; and, consequently, to which I, with humble deference, wish to direct the attention of the reader ; namely, the benefits which he conferred upon his people, in conse- quence of the innovations which he introduced, — the abuses which he detected, — the civil and political evils which he eradicated and remedied, — and the wholesome statutes which he promul- gated throughout his hitherto lacerated and tur- bulent dominions. Besides the poet and the romantic lover, we must view James as the philosopher, who evinced the goodness of his heart in revolving specula- tions, and maturing schemes for the amelioration and improvement of his countrymen. We must view him as the patriot, who promoted the in- struction of his people ; who, by the strength of his laws and the activity of his benevolence, coerced his barbarous subjects, softened their ferocity, and induced them to prosecute the arts of peace. We must view him as the hero, who defeated conspiracy and rebellion, — who healed the wounds of his bleeding country, — lessened the power of the nobility, — and, comparatively, freed the lower orders from a blind subjection to the will of their superior lord. We must view him as the man, who fostered learning, and pa- tronized the arts and sciences, — who laboured JAMES THE FIRST OF SCOTLAND. 47 for the advancement of his species, — who was the civilizer of his people, and the real bene- factor of Scotland. It would be an impossibility to give a minute and circumstantial detail of the above-mentioned bearings ; the limits of this essay would not admit them, as volumes would be scarcely sufficient. I must, therefore, entreat the reader's kind forbear- ance, if the description herein attempted shall prove unsatisfactory. James the First was born in the year 1393 : he was the second son of Robert the Third of Scotland, and fourth in descent from the illus- trious Bruce, the brave assertor of Scottish inde- pendence. Robert, the father of James, was a prince of a weak and unsteady mind ; rather free from vice, than noted for the possession of any particular virtue. Harmless in his manners, and incapable of energy in the exercise of power, — he was more fitted to obtain regard and esteem as a private individual, than to excite admiration, and command respect, in the exalted situation which Providence had destined for his occupation. The duke of Albany, therefore, who was the reverse in character to James, and who, fired by ambition and the lust of power, was ready for the commis- sion of any excess, — prepared for the perpetra- tion of any crime, which might enable him to 48 ON THE POLITICAL CHARACTER OF seize upon the crown, — soon obtained an alarming ascendancy over his royal brother. To him was intrusted the management of all public affairs, — to his guidance was committed the vessel of state, — and he soon showed himself unworthy of the confidence reposed in him, and capable of the blackest crimes, where his own interest was concerned. Scotland received a severe blow in the death of Archibald Douglas, surnamed the Austere, which was speedily followed by the decease of Queen Annabella, and Walter Trail, Archbishop of St. Andrew's. These three had, by their united efforts, maintained and upheld the state, and had shown themselves the most formidable obstacles to Albany's ambition. For, while Scotland had ac- quired glory and reputation, in consequence of the skill, the courage, and activity displayed by the warlike Douglas, the ecclesiastical autho- rity and discipline had been ably promoted by the venerable Trail, and the dignity and morals of the court upheld by the anxiety and vigilance of the amiable and virtuous Annabella. Their removal, however, gave free scope to the wily Albany, who immediately commenced his in- trigues for the attainment of the object of his fondest hopes — the crown of Scotland. David, the Earl of Rothsay, the king's eldest son, was of a fiery, untameable temper; impa- JAM-ES THE FIRST OF SCOTLAND. 49 tient of control; devoted to every species of pro- fligacy; and given to every sensual indulgence. These vices had been fostered and increased by the easy and complying disposition of his father. During the life of his mother, however, he was compelled to curb and restrain his violent pas- sions. But when once free from her authority, he immediately returned to his depraved courses and debaucheries, and abandoned himself to every immoral and sensual excess. Constant com- plaints were brought to the ears of the king, who at length sent orders to his brother Albany to detain the young prince in his custody, and to maintain a constant and strict watch over his ac- tions, until he should evince some indication of amendment. He was accordingly taken into cus-- tody by the emissaries of his traitorous uncle, who conducted him to the castle of Edinburgh, and thence carried him to his own castle of Falkland, where he suffered a cruelly protracted death by starvation. Dread and apprehension seized the mind of the monarch when he received information of the treachery of his brother, and the violent death of his eldest son; and his anxiety was awakened how to ensure the safety and preservation of the youth- ful James. Upon advising with his friends, it was suggested that the least dangerous step would be to intrust him to the tuition and management £ 50 ON THE POLITICAL CHAKACTER OF of Charles VI. of France, the old and firm ally of Scotland; being assured that the prince would there meet with honourable treatment, and find a safe retreat. In pursuance of this scheme, there- fore, the prince was taken from the custody of the worthy Walter Wardlaw, Archbishop of St. An- drew's, and embarked with great secrecy under the direction of Henry Sinclair, Earl of Orkney, a nobleman of steady and tried attachment. By stress of weather they were compelled to land at Flamborough Head, in Yorkshire, where, being recognised (notwithstanding the existence of a truce between the rival kingdoms, and in defiance of the law of nations), the party were made pri- soners, and with the greatest despatch conducted to London. When King Henry, of England, received intel- ligence of the capture effected by his officers, and understood the dignity of the captives in his power, he immediately assembled his Council, who advised the detention of the royal prisoner, by way of reprisal on the Scottish monarch ; in- asmuch as Robert had openly maintained and protected the Earl of Northumberland, and other traitorous and attainted nobles; and had also granted assistance to the English rebels at the battle of Shrewsbury. In consequence of this advice, the king commanded the prince's instant commitment to the Tower. JAMES THE FIRST OF SCOTLAND. 5l The melancholy intelligence of his son's cap- ture and captivity, when conveyed to the ears of the fond and doting father, put a speedy termina- tion to his life. " This calamity of the son," says Buchanan, " was brought to his father's ears whilst he was at supper, and did so overwhelm him with grief, that he was almost ready to give up the ghost in the hands of the servants that attended him; but being carried to his bedchamber, he abstained from all food, and in three days died of hunger and grief at Rothsay." Immediately on the death of Robert the sove- reignty devolved upon James, who was accord- ingly proclaimed king ; but, in consequence of his absence, the Scottish nobility settled the regency and government of the kingdom upon the perfidi- ous Albany, who, now invested with kingly power, and having attained the height of his daring am- bition, evaded entering into any negotiation with the English, in order to effectuate the liberation of his royal nephew. The Tower of London was for the space of two years the spot of James's confinement; from whence, in 1407, he was removed to Nottingham castle. Six years after he was recommitted to the Tower, and shortly after that transferred to Wind- sor Castle. His confinement was close. The prize, indeed, was of too rare a value to neglect its safety ; so that the prince was guarded with all 52 ON THE POLITICAL CHARACTER OF the watchfulness and vigilance of a never-sleeping jealousy. But, although he was thus confined, though he was compelled to waste the blooming spring and the vigour of his days in close imprisonment, though he was cut off from all society, and denied every enjoyment; yet Henry was most anxious in obtaining for him the best masters, and the most expert instructors which the age could afford. " He was educated," says Drake, in his Anglo-Scotia, " as the son of a king ; and had, by King Henry's appointment, such perfect tutors and instructors for the teaching him the tongues and liberal arts, that he became excellent in the knowledge of every of these. He was bred also in all princely qualities, beinjr taug-ht to ride, run at tilts, to handle and use all kind of weapons fit to be used by a prince, wherein he was so expert, that few, in any point of manly activity, were able to overmatch him. He had also good knowledge in music, and in all his behaviour and carriage, in what company soever he came, it appeared that his bringing up was according to his high birth, and the quality of a most noble and virtuous prince." Hector Boece speaks of his proficiency in every department of literature; — of his expertness in athletic exer- cises; — and of his wonderful dexterity in the tournay. And Drumraond, of Hawthornden, thus notices him: '' He was of so strong and vigorous JAMES THE FIRST OF SCOTLAND. 53 a constitution, that he was able to endure all extra- ordinary extremities, both of travel and want ; and surpassed, for agility and nimbleness in any exer- cise, his companions. He was of so sharp and preg- nant a wit, that there was nothing wherein the commendation of wit consisted, or any shadow of the liberal arts did appear, that he had not applied his mind unto; seeming rather born to letters than instructed. He wrote verses both Latin and Eno-lish. He exercised all instruments of music, and equalled the best professors thereof. He had studied all philosophy, but most that which con- cerns government, in which what a master he was, the order which he established, in such a confu- sion as he found in the state, doth witness ; and many old laws, commodiously renewed and amended, others for the public good established," In the year 1414, King Henry V., on receiving intelligence of the defeat sustained by the English army acting in France, and the death of his bro- ther, the Duke of Clarence, resolved himself to take the conduct of the war in that country. He, as a matter of policy, included in his retinue the youthful King of Scotland. For, as the Duke of Albany had sent considerable supplies, and a numerous accession of forces, to the assistance of the French king, it was naturally supposed that the Scots would withdraw their aid, as soon as they beheld their sovereign serving under the 54 ON THE POLITICAL CHARACTER OF standard of England : but the English were alto- o-ether disappointed in their expectations. The Scots, when taxed with infidelity and rebellion against their liege lord, returned for answer, that they could not acknowledge allegiance to one who had not been crowned, and consequently to whom they had never sworn duty and obedience. However, James conducted himself throughout the whole campaign with great courage and mag- nanimity; and such was the confidence reposed in him by the English king, that the siege of Dreux was intrusted to his conduct and manage- ment, which place he besieged v\ith great skill and vigour for the space of six weeks, when it was forced to surrender at discretion. When Henry returned to his native dominions, James was re-committed to the castle at Windsor, where he continued a prisoner until the period of his final liberation. That the captivity of James was unjustifiable, in direct opposition to the law and usage of nations, and in a great degree cruel, is incon- trovertible : but, notwithstanding all this, it was certainly productive of beneficial consequences. James, though doomed to pine away eighteen years of his life in close imprisonment, — though the spring and summer of his days were passed in confinement, — still, by that very imprison- ment and confinement, gained such an accession JAMES THE FIRST OF SCOTLAND. 55 of mental improvement, that he lived to become the guardian genius of his native country. But, it has been said, he could have made the same progress, — could have acquired the same pro- ficiency in Scotland, — that in his infancy his education was intrusted to the care and protec- tion of one of the brightest ornaments of the Scottish hierarchy, Wardlav^^, Archbishop of St. Andrew's ; and that, had he continued under the management of such a preceptor, he could not in anywise have profited by an English education. This opinion is certainly erroneous. Any one, who will for a moment reflect upon the existing condition of the two neighbouring nations, during the period in question, will be fully convinced of the truth of the above assertion. The Scots had made a very trifling progress in literature. Public schools were only established during the admi- nistration of Albany ; not because he was anxious to promote and patronize learning, but because individuals had voluntarily offered themselves as instructors. The manners of the people, more- over, militated against improvement. During the reign of James, the Scots had scarcely emerged from their barbarous state; they were involved in darkness, — they were averse to labour, — they were contentious, ferocious, and revengeful. Buchanan aflRrms, that even in his time it was a common practice among the chieftains in the wilds 56 ON THE POLITICAL CHARACTER OF of Scotland, to murder their brothers and other relations, thereby to enjoy a greater security in the possession of their estates. And Hawthorn- den says, that the wildness of the soil had made the inhabitants more fierce than fierceness itself. Their intercourse with foreigners had been very slight ; and even if, by any accident, " modes more ingenious, or fashions more elegant," than those to which they had been accustomed, had been presented to their consideration, the impression w^as transient, and productive of no beneficial consequences. If the foregoing statement be admitted as correct, — and it is deduced from the very best authorities, — a comparison between the intellectual condition of England and Scotland will afford a remarkable contrast in favour of the former. England had long been well organized in every department, — the power and the pre- rogatives of the king were universally acknow- ledged, — the nobility were ever ready to yield obedience to the commands of majesty, — and the liberties of the people had been established on the most firm and steady basis. The arts and sciences had been actively prosecuted, — know- ledge had become general, — and the several manufactures had been duly promoted. Uni- versities had existed for ages, and schools of instruction had become numerous throughout the country. Indeed, the intellectual character JAMES THE FIRST OF SCOTLAND. 57 of England, during this period, may be ranked very high. To acuteness of judgment, and ac- tivity of mind, the English scholars had added all the knowledge and information which in- dustry could furnish, or perseverance possibly ensure. Their acquirements were raised on the most solid foundation ; on penetration, correct- ness of information, and truth in reasoning. They loved learnins; for its own intrinsic value and native excellence ; and not for the sake of show and parade, like the Grecian sophists, or Roman rhetoricians. The Arabian sciences and philo- sophy had been early introduced, and enthusias- tically cultivated throughout the country. The names of Robert Retenensis, Athelard of Bath, Daniel Morley, Michael Scott, and Friar Bacon, stand conspicuous, for having pursued and studied the sciences and philosophy of Arabia. The in tercourse also of the English with foreign parts had been very extensive ; for, independently of France, and other places on the Continent, the Crusades had opened the East to their researches. The love of novelty, — or plunder, — or a desire to gratify the longings of curiosity, — or zeal and devotion, — might have respectively prompted the thousands who left the English shores, to visit the climes of Asia; still their travels made them wiser, and considerably added to their fund of knowledge and information. Thus, from the 58 ON THE POLITICAL CHARACTER OF slight sketch here given, we may plainly perceive that England had greatly the superiority over her neighbour Scotland. The favourite employments of James, during the period of his imprisonment, were the study of philosophy, and the cultivation of poetry; and in both these points he soon acquired great proficiency. His favourite volume was Boethius' " Consolations of Philosophy." " (^uheii as I lay in bed allone, waking, New partit out of slepe a lyte to fore, Fell me to myiid of many diverse thing, Of tiiis and that, can I no' say qnharefore, Bot slepe for craft in erth my* I no more; For quhicli as tho' coude I no better wyle, Bot toke a boke to rede upon a quhile. " Off quhich the name is clepit properly Boece, efter him that was the compiloure, Schewing counsele of philosophye, Compilit by that nobil senatoure Off Rome quhilome y» was the warldis floure; And from estate liy fortune a qnhile Foringit was, to povert in exile. \ « " With mony a nobil reson as him likit, Enditing in his faire latyne tong, So full of fruyte, and rethoricly pykit, Quhich to declare my scole is over zong ; Therefore I lat him pas, and in my tong Procede I will agayn to my sentence Of my mater, and leve all incidence." JAMES THE FIRST OF SCOTLAND. 59 This work in all probability was most likely to soothe and tranquillize a mind suffering indig- nities, and bereaved of all the pleasures, the delights, and enjoyments of social intercourse. Boethius himself was descended from one of the noblest families in Rome, and early sent to Athens for the purpose of completing his education; there he soon acquired a complete knowledge of phi- losophy, and the Grecian sciences. On his return to his native land, he was raised to the honours of the consulship ; but soon fell under the dis- pleasure of the tyrannical Theodoric, who ba- nished him to Milan; or, according to others, to Pavia, where he was denied the company or con- versation of a single friend. It was here that he wrote his admirable work " De Consolatione Philosophise." Shortly after, he was beheaded in prison. The following inscription is placed upon the tomb of the unfortunate philosopher: — " Maeonia et Latia lingu&, clarissimus, ct qui Consul eram, liic perii, missus in exilium. Et quod mors rapuit ? Probitas me vexit in auras, Et nunc fama viget maxima, vivit opus." Of all the literary performances of Boethius, his " Consolations of Philosophy" have ever at- tracted the most general attention, and excited the greatest degree of admiration. The book pur- ports to be a conference, partly verse, and partly prose, between the author and Philosophy ; who 60 ON THE POLITICAL CHARACTER OF points out to his notice the several consolations for the evils and miseries of human life. It early drew the attention of our Alfred, who gave the world a Saxon translation, and in many parts even added an elegant paraphrase. Chaucer and Queen Elizabeth, also, who read the work to miti- gate a violent fit of grief, completed English translations of this admirable production. The " Consolations of Philosophy" had the de- sired effect upon the mind of the youthful James. Though in his poem of the " Quhare" he com- plains of his misery, and his hard lot ; and be- wails the misfortunes of his infancy ; still his very complaints breathe forth a tender tone of resignation to the will of all-governing Provi- dence. " Quliare ns in ward full oft I wold bewaille My dedely lyf, full of peyne and penance, Sainc; ry' thus, quhat have I gilt to faille, My fredome in this warld and my plesance? Sen every wight has thereof snffisance, That 1 behold, and I a creature Put Iroin all this, hard is inyn aventure? » • » » * *' Bewaiiling in my chamber tiius allone, Despeired of ail joye and remedye, For-tirit of my tho» and wo-begone, And to the wyndow gan I walk in hye. To see the v\arld and folk y* went forbye, As for the tyme thougli I of my this fude My* have no more, to hike it did me a;ude." JAMES THE FIRST OF SCOTLAND. 61 Nearly eighteen years of joyless captivity had been passed by this unfortunate prince; when one day, standing in pensive and melancholy mood, near to his window, gazing upon a garden " fast by the touris wall," and listening to the plaintive melody of the nightingale, he beheld, walking underneath, " the fairest or the freschest zoung floure," that ever attracted the gaze of admiration. " For quliicli sodayiie abate, anon astert The blude of all my bodye to my liert." His senses were immediately enraptured, and his heart ravished with sweet ecstacy and tender delight ; his eye hung in admiration upon the lovely face and beautiful form of the vision ; and from that moment, secret love aroused his there- tofore languishing soul. The object of his passion was the Lady Jane Beaufort, the daughter of the powerful Duke of Somerset, and grand-daughter of John of Gaunt, Duke of Lancaster, and consequently of the blood royal of England. Further of the love story we know not; only that the youthful beauty returned the passion, which she had so unwittingly inspired in the heart of the royal captive, whose period of con- finement was now drawing towards a termi- nation. Regardless of their rightful monarch, the Scots 62 ON THE POLITICAL CHARACTER OF had acted in an undeviating line of hostility against the English. They had been the willing and constant allies of the French durinp; the successive reigns of the three Henrys of England : and, notwithstanding they had suffered repeated defeats, and lost the flower of their nobility in their wars with their neighbouring rival ; they were still anxious for the success of the party which they had so long assisted, and still willing to aid the cause which they had so long espoused, but in which they had so severely suffered. It now fell into the consideration of the Duke of Bedford, that the liberation of James, and an alliance with England, by means of his marriage with the Lady Jane Beaufort, might be the means of detaching the Scots from the French nation, and might be conducive of material benefits to the English. Accordingly, a treaty was concluded, which, after stipulating a considerable ransom*", * During this period taxes were almost totally unkuown in Scotland, and extraordinary aids were of rare occurrence. The public revenue, therefore, consisting of the demesne lauds, and the feudal duties incidental to sovereignty, were very circumscribed. Accordingly, the ransom (^30,000.) stipulated by the treaty of liberation, which should have been collected upon the people as a tribute, agreeably to the power vested in the sovereign by the feudal custom, was extremely unpopular: so that James, after having with difficulty en- forced the first payment, was compelled to remit the re- mainder. JAMES THE FIRST OF SCOTLAND. 63 effected the liberation of the youthful king, and gave him for a wife one of the most beautiful and most accomplished women of the age. In the year 1424, James, accompanied by his fair and blooming bride, returned to his kingdom of Scotland, and was received by his subjects with a degree of cordial joy and enthusiasm ill according with their former negligence * and indif- ference : but the reason became very obvious. On every side desolation, ruin, and disorder, met the eyes of the astonished king ; the nobility arrogated to themselves all power and authority ; the laws were defied and set at nought ; the system of clanship pre- dominated in every district; and blood was the only satisfaction for an offence given, or an insult of- fered. Discord prevailed, and faction raged in every quarter. The people groaned under an unrelent- ing oppression, and were reduced to the most * The state of Scotland during this period may be assimi- lated to that of France in 1360, when Petrarch visited Paris. " I could not believe," says he, '' that this was the same kingdom which I had once beheld rich and flourishing. No- thing now offered itself to my sight but a frightful waste and solitude, an extreme poverty and wretchedness; the lands once smiling in beautiful luxuriance are now barren from want of cultivation ; and houses and mansions are in total ruin. The neighbourhood of Paris itself evinces marks of disorder and devastation ; the streets are deserted, and the roads overgrown with weeds. The whole has an appearance of fearful deso- lation." 64 ON THE POLITICAL CHAKACTER OF shocking state of poverty and misery. The Duke of Albany, and Murdo his son, who succeeded his father in power and in title, anxious to pursue their superiority and condition, had favoured all the pretensions of the nobility, and made the wildest concessions in their favour. All the lands belonging to the crown had been bestowed upon their favourites; and the rents and revenues squan- dered away among their numerous partisans. James saw all these evils ; and, being aware that vigorous measures would alone be crowned with success, he seized the Duke of Albany, his two sons, and his father-in-law, the Earl of Lennox, who had actively assisted Albany in his most violent excesses, and ordered their immediate execution. Having confiscated their extensive estates to the use of the crown, the monarch studied how he might root out the several existing evils, and most effectually heal the wounds of his bleeding country. The measure which he first adopted, and on which he bestowed his whole attention, was the humiliation of the great barons, who had hitherto acted with unrestrained violence, and lived in daring independence of the sovereign authority. It appears that the inhabitants of Scotland had early congregated together, and established a species of government known in our days by the denomination of Clanships. Among a people. JAMES THE FIRST OF SCOTLAND. 65 characterized for neglect of agriculture, and inat- tention to religion, prevalence of ignorance, cruelty of disposition, and ferocity of manners, it may easily be imagined that property would be ill protected, and the greatest excesses daily and hourly committed. Such, indeed, were the enor- mities of the people, that the legislature was compelled to adopt the necessity of punishing every criminal, whenever the hand of the law could reach the offending party, with the utmost severity. The power of the sovereign being weak, and ill suited to remedy the numerous daily re- curring evils, individuals were compelled to form among themselves associations, for the purpose of mutually affording that protection which the laws were incapable of giving, and mutually joining in the defence of their lives and their property against the hands of rapine and violence. Hence originated those alliances which early prevailed, and till lately subsisted, throughout the Scottish kingdom. As no military power can be of any efficacy, or its operations carried on with any degree of suc- cess, except it be well organized, and under the influence and direction of some superior, the command over such connexions was naturally vested in the hands of the chief lord of their lands. Power is at all times flattering to the vanity of F 66 ON THE POLITICAL CHARACTER OF man. When the lord beheld the blind submis- sion of his tenants to his will and pleasure, he naturally endeavoured to conciliate their affec- tion by every exertion in his power. Hence, by bestowing favours, by evincing kindness, by gene- ral attention to the welfare of that people, who had intrusted their lives and liberties into his hands, the most firm attachment was formed, the most disinterested friendship was the consequence. Alliance by blood served yet closer to rivet the connexion between chieftain and vassal. In former times there were few sources whereby the younger sons of landed proprietors could acquire distinction. The pride of the father would not allow his children to follow any other pi'ofes- sion but that of arms, deeming every thing else unsuitable to the dignity of the family. Ac- cordingly they were settled in farms, scattered around the habitation of their parents. Thus there were always many individuals on the estate, who, sprung from the ancient lord, and nearly re- lated to the present chief, were closely connected by the most endearing ties of nature as well as of friendship. These considerations will, it is humbly hoped, assist in the elucidation of those reasons which induced the lower orders of the community to yield such implicit obedience to the commands of their superior lords. During the reign of James this system of JAMES THE FIRST OF SCOTLAND. 67 clanship had arrived at an alarming crisis. Re- venge, cruelty, and a thievish habit, were vices prevalent among his subjects. The undevi- ating attachment of the dependents to the per- son of their chief, the assistance afforded by each clan to every individual member of its body, and the support mutually given by the several clans to each other, when resistance to the sovereign power became necessary, completely foiled the weak efforts of justice. Hence violence and rapine prevailed throughout the country, and were even held in high estimation; inasmuch as they were, according to the notions of that age, manifest indications of daring courage and un- shrinking bravery. Property was altogether inse- cure, tranquillity had fled, and honesty and in- dustry were qualities totally unknown. James easily foresaw, from the posture of circumstances, that all his proceedings must be guided by wari- ness and caution ; that all his measures must be regulated by coolness and circumspection. The sudden blow struck against the Duke of Albany, bis sons, and the Earl of Lennox, added to the severity evinced by the monarch against several of the nobility, whom he held in prison in conse- quence of their treasonable practices, struck such terror into the hearts of those lords who were in attendance upon him, that they became doubtful of their own safety, and more willing to swear 68 ON THE POLITICAL CHARACTER OF submission to sovereign authority. Upon pro- mises of amendment and future good conduct, James granted them a general pardon. The King had in the meantime assembled the Estates of Parliament, and, with their consent, had framed and passed several new statutes for ensur- ing the protection of his people, and the preser- vation of tranquillity and good order. He quickly perceived the awe which the royal presence never fails to inspire into the hearts of subjects. Of this he took immediate advantage, and easily per- suaded the Estates to swear, that if any should rebel, or conspire against his life, or should raise factions, or endeavour to introduce innovations without their permission and concurrence, they would assist him with their whole power and influ- ence. Such, in short, was his perseverance and resolution, such the prudential measures which he adopted, that he soon reduced the lowland nobi- lity into subjection. This partial success induced him to turn his exertions towards the subjugation of the Highland Chieftains : he accordingly or- dered the castle of Inverness to be repaired. Thither he went at the head of a powerful army, that he might in his own person suppress the robberies, chastise the offenders, and administer justice. " He had heard," says Hawthornden, "that not many miles off there were men, some of which had one thousand, some two thousand JAMES THE FIRST OF SCOTLAND. 69 robbers at their call, who were accustomed to drive preys from the more civil neighbours and borderers, pulling and spoiling, polluting and ra- vishing, without any difference of right or wrong, holy or profane, but only following their ravenous and insolent humours. On the quieter sort they set tribute; others they compel to minister to their sustenance and necessaries. The God, prince, law which they obey, are their barbarous chieftains, amongst which he is thought the best who doth most transcend in villany." Such is the account of the Highlands given by the histo- rian of the Jameses of Scotland. When the monarch, therefore, surveyed the condition of the country, and the manners of the people ; — when he beheld the unlimited power enjoyed by the nobles, and the blind submission offered by their numerous retainers ; — he was convinced of the dangerous nature of his enterprise, and guided his measures with a calculating caution and cool- ness. Accordingly, without evincing any marks of displeasure, he invited to his court all the leaders and chiefs in that district. If fair pro- mises, and the hopes of obtaining the royal par- don, failed in their due operation, the threatened resentment of the King had some effect upon the movement of the barons. Having by such means induced forty of the principal offenders to trust themselves within the castle walls, he seized upon 70 ON THE POLITICAL CHARACTER OF their persons, and ordered their instant commit- ment. They were shortly afterwards brought to trial ; when several, whose career had been one continued scene of blood and slaughter, devas- tation, and robbery, were condemned to death, their lives being justly forfeited to the violated laws of their country. After this severe example, the rest, under promises of future good conduct, were liberated, and swore allegiance to their monarch. Thus the savage barons of the north, nowith- standing the fastnesses which encircled their castles, notwithstanding their power and influence among their vassals, were made sensible of the existence of a superior power, which could humble their pride, and punish their crimes. The importance assumed by landed proprietors was thereby considerably diminished. The ac- tivity of the King now continued unabated; his vigilance was ever watchful, ever on the alert; hence delinquents could entertain little hopes of escaping detection. An army was constantly kept in readiness, to send against the malecon- tents ; and officers stationed in various parts of the country, to adopt immediate measures upon every emergency : and such, indeed, was the awe and terror inspired among the subjects by the authority and steadiness of the King, that the excesses of the barbarians became of rarer occur- JAMES THE FIRST OF SCOTLAND. 71 rence. Peace again smiled upon the kingdom of Scotland; the people again enjoyed that tran- quillity for which they had so long sighed, and to which, for many years, they had been such total strangers. But the two principal measures adopted by James, which were productive of this truly won- derful change in the manners of his subjects, and in diminishing the power and authority of the nobles, were the institution of the Court of Session, and the alteration effected in the Con- vention of the Estates. An influence and jurisdiction has been always attached to property. Even from the authority, although slight, vested in the persons of the Lords of the Manor during the present period, we may perhaps be enabled to form some crude opi- nion of the amazing power which the Barons in those lawless times arrogated to themselves. The feudal system had been for ages prevalent throuo-hout the kingdom of Scotland. Every feudatory, without exception, on investiture of his fief, swore to be prompt and ready in the discharge and fulfilment of his feudal engage- ments. * Limitation would be naturally threatened * There was always a power of recalling the donation, and cancelling the gift, reserved to tiie chief. The precariousness of the tenure, therefore, would of itself be a powerful induce- 72 ON THE POLITICAL CHARACTER OF in case of dereliction of duty, and forfeiture denounced against any violation of faith. The tenant, on bended knees, and with folded hands, promised homage, and swore fealty to his liege lord. These fiefs, however, were generally military fees ; and the duty, for the most part required at the hands of the vassal, was mili- taiy service. Trained, therefore, in the school of war, the tenants early learned the lesson of submission and obedience ; inasmuch as they were accustomed to look upon their chief as their commander in arms : and this, added to the ori- ginal necessity, and compulsion for willingness and subordination, will, in some measure, further explain the reasons of their wonderful submission and blind confidence. The dominion of the lord would, under the foregoing circumstances, be universal ; and the readiness of the vassals to act in direct conformity to the determinations of the leader, would be prompt and unhesitating. The transition from the leader in war to the judge in peace, is very easy and natural. The deci- sion of the chief in any matter of dispute would be requested, and his judgment meet with every mark of reverence and attention. His sentences, however unjust, however partial, however hard, ment to circumspection in beliaviour, and an urgent motive to unmurmuring submission on the part of tlie tenant. JAMES THE FIRST OF SCOTLAND. 73 would at his very nod be executed with prompti- tude. The Barons, therefore, surrounded by their fierce followers, shut up within their native fast- nesses, and swelled with pride and self-import- ance," exercised an unlimited jurisdiction, and even assumed the power of life and death. The greatest violations, the most barbarous excesses, and the most bloody acts of ferocity, were conse- quently every day committed by these men, who pretended they were only wielding the sword of justice. The judicial authority being exercised after this fashion by the several proprietors, who had boldly assumed the office of magistrates, nay of princes themselves, who arrogated to them- selves power without control, and dominion without qualification, must naturally have intro- duced many fresh and overwhelming evils and calamities, and have greatly increased the mise- ries of that unhappy period. The power of the Sovereign being held in utter contempt, and the royal prerogative of adminis- tering justice not being recognised by the turbu- lent Barons, no establishment existed whose transcendent jurisdiction extended over the whole nation, from which the high and the low, the rich and the poor, all ranks and denominations, might expect impartiality ; and to which they might, at all times, appeal for safety, succour, and redress. There was a Justiciary General, it is true, who 74 ON THE POLITICAL CHARACTER OF professed a power of adjudication in affairs of a criminal nature ; but as the proprietors adminis- tered justice over their own estates, and as Parlia- ment was wont to investigate all treasonable matters, his office soon fell into disuse, and the title for a considerable period became hereditary. To counteract the before-mentioned evils, James, with the consent and approbation of Par- liament, instituted a superior tribunal, which he denominated the Court of Session. This was composed of the Chancellor, and certain Barons, most distinguished for their fidelity to their Mo- narch, and their general skill, prudence, and lite- rary attainments. The members were appointed to hold three Sessions in every year, at such times and places as his Majesty should appoint. The power exercised by this Court was paramount to every other, and its right of jurisdiction equally extended to every quarter of the country. It altogether suspended the useless office of Jus- ticiary General ; and robbed the Barons of their boasted privilege of adjudication. Though these last beheld the daily encroachments of the Sove- reign, and the gradual diminution of their own authority and importance; — though they mur- mured at those hateful innovations; — still for them there was no alternative, except obedience : for the measures adopted by James were so pru- dential and cautious, that he always persuaded JAMES THE FIRST OF SCOTLAND. 75 Parliament to recognise his plans ; and when once he obtained its sanction and assent, he then cal- culated upon success. If the Barons, therefore, refused compliance, they were immediately de- clared traitors and rebels ; and as James always had an army in readiness, and experienced gene- rals, in whom he could repose every confidence, the consequence may easily be imagined to have been favourable to himself. Practice would soon make the Lords of Session dexterous in unravelling the intricacies of evi- dence; and daily experience would quickly in- crease their knowledge of the law. And as they exercised equal impartiality; and there, and there alone, the tenant could obtain redress and com- pensation for the violence and injuries inflicted on him by his unfeehng lord, — they speedily acquired great reputation and celebrity; and their court was always full of suitors, who, disgusted with the partiality of the tribunals to which they had long been accustomed to appeal, were anxious of bringing their complaints into that court, which would listen with coolness, and adjudge with candour. I will now, with all possible brevity, consider the changes effected by James with respect to the convention of the Estates. In a feudal coun- try, apportioned out among men who exercised every prerogative generally attached to princes, — who had seized vipon the power of life and 76 ON THE POLITICAL CHARACTER OF death, — who lived in lawless independence of the sovereign authority, — whose will was arbi- trary, and power despotic over their proprietary lands, — the influence of the Monarch would be of a very limited nature. He would, therefore, of necessity be compelled, in every act of the administration, to ask the advice, and obtain the assistance of those men in whom the power was really vested. The principal landholders and the great proprietors, consequently, upon all occa- sions, would be consulted ; and they would be the men, whose presence would be most requi- site in the general council of the realm. Titles, indeed, were very late in their date of existence in Scotland ; and even when they were first created, they were only nominal dignities, and in themselves possessed not any intrinsic influence. The privilege of sitting in the national assembly was alone attached to territorial honours. The simple freeholder there possessed as much in- fluence as the owner of a barony ; although the latter possessed higher rank, greater consequence, and more ample jurisdiction, than the former. The simple baron*, again, enjoyed as much im- portance as the possessor of a lordship ; although * " No other feudal privileges higher than those of barony, are included in the erection of lands into an earldom, or a lordship, &c.; for these last are only titles of greater dignity conferred upon a barony, but all have precisely the same feudal effects." — Erskinl. JAMES THE FIRST Of SCOTLAND. 77 the ratio of difference was the same, between the lord and the baron, as between the baron and the freeholder. Every owner of land, whether of large or sraall extent, provided it were freehold, — whether dignified or undignified, — could boast of that peculiar privilege of sitting and voting in the national assembly. No place had been exclusively appointed, where the meetings of the Parliament might be convened; that altogether depended on the will and pleasure of the King : and accordingly, we hear of occasional convocations, at Dairsy, Cam- bus Kenneth, Dunblane, and many other incon- siderable villages. The members on such occa- sions were required to travel, perhaps, from one extremity of the country to the other ; along roads almost impassable, and at an enormous expense, for they were attended by a numerous and armed retinue : and as the number of their followers gave them an importance in the general assembly, each endeavoured to swell his train as much as possible. It may, therefore, reasonably be sup- posed, that the performance of the obligation would be disregarded, and attendance would rather be deemed a burden*, than estimated an * The members of the Ecclesia or general assembly at Athens, seemed to be in like manner averse to attending the stated meetings, and transacting the public business : com- pulsion was oftentimes necessary, before the citizens would 78 ON THE POLITICAL CHARACTER OF honour. And especially as service did not open the way for preferment, and as they lived in utter contempt of the kingly authority, every one would exempt himself from unnecessary expense and useless trouble. Here, then, was another inlet to the most pernicious evils. This assembly had been seldom convened, and its sessions had been of short and trifling duration. In want of a legislatorial assembly, and the power of the King being totally disregarded, no laws could be framed for the safety of society, — no regulations formed for the benefit of the community. James was truly sensible of this defect in the constitution, and he endeavoured to model the Scottish par- liament after the admirable method adopted in England. As long as every freeholder was in the general assembly possessed of power equal to the greatest baron or lord, he would be contumacious and turbulent with impunity, in consequence of his own individual importance ; especially as there was no adequate power to award punishment. James, therefore, wisely resolved to eject this class altogether from the parliament. As for the Barons, he determined upon introducing noble give the necessary attendance. As an inducement, however, and in order to prevent further trouble, a gratuity of three obols was offered to each member, which naturally made them more regular and methodical. JAMES THE FIRST OF SCOTLAND. 79 honours, unconnected with fiefs, which might of themselves privilege the holders to sit and vote : for, in ancient times, the nobility was not con- ferred upon the person, but upon the land. The lands were created into a barony, or lordship, or earldom, or marquessate, or even dukedom ; and hence, the possessor of those lands, whoever he might be, in consequence of the very act of pos- session, and not from any intrinsic right in him- self, was denominated baron, lord, earl, marquess, or duke. In accordance to this statement, all estates, on alienation, carried the dignities, the titles, and honours conferred upon, and annexed to them, from the original possessor to the new owner. A Baron, therefore, or an Earl, on selling his lands, ceased, immediately on the completion of the sale, to be distinguished by his theretofore customary denomination, which he was compelled to relinquish in favour of the purchaser. Of this practice several instances are upon record, and could be easily adduced, but they would swell this paper beyond its prescribed limits. The intro- duction of personal titles would, consequently, be attended with much difficulty and great danger, inasmuch as honour would thereby be disunited from property ; and by that measure, the influence and consequence of the Barons be considerably diminished. A like difficulty and danger, indeed, would attend any endeavour to accomplish the 80 ON THE POLITICAL CHARACTER OF ejection of the simple freeholders; and that, for very obvious reasons. The unpromising aspect of the task, however, did not deter the King ; and he was firmly resolved in attempting the inno- vations. He accordingly made frequent convocations of the assembly ; and on each occasion he extended their deliberations farther than they had been customary in former times. He was, more- over, strict in exacting the attendance of every individual member ; so that the barons, who had theretofore officiated by proxies, as well as the freeholders, who had theretofore neglected ap- pearing, were severally obliged to lend their pre- sence. His motive for this was twofold ; first, to lead the barons into a method of guiding their actions according to the edicts of the general assembly, which they themselves had assisted in framing : and, secondly, to convince both parties, especially the petty freeholders, of the great in- convenience, or utter impracticability, of general attendance. His wish was gratified, and his mea- sures crow^ned with success. The freeholders were made sensible of the trouble of general attendance, and were very willing to renounce that privilege. Shortly afterwards, it was specifically ordered, that special summonses by precept should thence- forth be directed to each duke, earl, bishop. JAMES THE FIRST OF SCOTLAND. 81 abbot, prior, and lord, individually, requesting their attendance in parliament. The title of the freeholders was not denied, nor indeed was it acknowledged : no notice was taken of that class, nor any summonses directed to be issued to them. The unwillingness of that body, there- fore, being stated by the Monarch to the as- sembly, a general statute was passed, whereby it was enacted, that in consequence of the in- convenience to which the small barons and free tenants were subjected on their attendance in parliament, and the great unwillingness evinced by that body on all such occasions, the assembly would dispense with their future services, on con- dition that each shire should annually choose any number of commissioners, such number never being less than two, to represent their consti- tuents in the national convention. The deputies thus to be elected by the several counties, were not to be convoked by special summonses, as the nobles ; but were to receive their commis- sions from their respective county barons, em- powering them to " hear, treat, and determine" all matters and questions brought forward for the consideration of parliament. And further, that this elected body of representatives should, from among their own number, choose some wise and ex- perienced person, to be denominated the common 82 ON THE POLITICAL CHARACTER OF speaker in parliament, who was to propose to the nobles all matters having any reference to the commons.* This act, indeed, we may suppose the nobles to have passed with the greatest willing- ness and promptitude ; inasmuch as they were jealous of that right being enjoyed by the simple freeholders, whereby they were placed on an equal footing with themselves. And there was no ap- prehension to be entertained, that every county woidd send a numerous body of representatives, and thereby obviate the intention of the statute ; * " The parliament of old," says Sir George Mackenzie, " was only the king's baron court, in which all freeholders were obliged to give suit and presence in the same manner that men appear at other head courts. The parliament," he continues, " is called by proclamation now in forty days, though it may be adjourned by proclamation on twenty days preceding the prefixed day at v\hich it should have met; but of old it was called by brieves out of the chancellary. It con- sists of three estates, viz. the archbishops and bishops, and before the reformation, all abbots and mitred priors, sat as churchmen. Secundo, the barons, in which estate are com- prehended all dukes, marquesses, earls, viscounts, lords, and the commissioners for the shires; for of old all barons who held of the king did come: but the estates of lesser barons not being able to defray this charge, they were allowed to send commissioners for every shire ; and generally every shire sends two, who have their charges borne by the shire. Ttrtio, the commissioners for burghs royal, each whereof is allowed one, and the town of Edinburgh two." JAMES THE FIRST OF SCOTLANl). 83 but rather, that they would prefer electing as few as possible, inasmuch as the constituents were directed to discharge all the expenses of their respective members, and to pay them consider- able wages* during the period of their attend- ance upon their public duties. * The system of payment of wages to the several knights of the shires, had been previously adopted in England. By a writ of Edward III., which lias been published by Rymer, it was directed that villeins as well as freeholders, should equally contribute to disburse the wages of knights representatives, although the former class of people never enjoyed the privi- lege of the elective franchise. I will here just advert to the modes by which cities and boroughs were anciently sum- moned to attend the British parliament. The earliest writs upon record, are those of the 49th year of King Henry III., which are not directed to the sheriffs, but to the several places entitled to send representatives. This custom of transmitting writs directly to the cities and boroughs intended to be sum- moned, was occasionally resorted to in the reigns of the three successive Edwards; though in the llth of Edward I. a great alteration was introduced. Writs were then issued to the several sheriffs, directing them to return four representatives from every county, and two from every city, borough, and market town, in the district of their respective bailiwicks ; such representatives to be invested with full and ample powers by their several constituents, to act, treat, and determine all matters offered for their consideration in parliament. And in the 23d year of the same monarch, (which may be consi- •dered as the grand epoch of the present system of legislature), writs were issued to tlie several sheriffs, ordering them to make a r. turn of tun knii^hts from oviry county, and the likr 84 ON THE POLITICAL CHARACTER OF By degrees, James removed all the obstacles, which offered to oppose the establishment of the long meditated alteration. By the before stated " measures he dispossessed the freeholders of their inelective seats in parliament, — compelled the barons to observe a greater degree of regularity in their attendance, than to what they had there- tofore been accustomed. The introduction of personal honours severed the privilege of sitting and voting from landed property, which thereby became greatly depreciated, and the power en- joyed by the barons underwent an amazing dimi- nution. The steadiness and activity of the sa- gacious monarch brought the nobles to a right sense of their duty, and made them sensible that even thei/ were amenable to the laws of their country ; and as, in former times, each member of the national convention made his appearance with numerous armed attendants, ready at the very beck of their lord to commit any deed of vio- lence, — the king ordained that their retinues should be so reduced, as merely to serve the pur- poses of decency, without endangering the peace of the community, or the lives and property of his subjects. The careful vigilance of his police rendered the commission of crimes, and perpe- number of citizens from every city, and of burgesses from every borougb, for the same purposes and with the like powers as aforesaid. JAMES THE FIRST OF SCOTLAND. 85 tration of offences, of rarer occurrence. By such means did James benefit his kingdom of Scotland. But the sei-vices which this good monarch did his native country, were more numerous than these ; though these of themselves are sufficiently great to endear his memory among his own countrymen. He found his people indolent, lazy, and incapable of exertion; — he left them a hardy and laborious class, — fond of exercise and ac- tivity, and daily employing themselves in agricul- ture and the labours of the field. He made several admirable regulations respecting the cultivation of land. To forward the objects of husbandry, he paid particular attention to improvement in the breed of cattle, especially of sheep, cows, and horses: the latter, indeed, was more easy, in con- sequence of Alexander Stewart, Earl of Mar, having imported into Scotland numerous stallions and mares from Hungary. Next to a substantial agriculture is the pro- motion of arts and manufactures. " The rough- ness of the times," says Hawthornden, " and perpetual wars and troubles of his ancestors, had nearly taken away the arts and handicrafts, and turned the sciences contemptible, especially since the reign of Alexander the Third. The commons, by the manifold changes and miseries of the age, 86 ON THE POLiriCAL CHAIJACTER OF affecting barbarity, the nobles making arms their whole study and care : to the further advance- ment of the commonwealth, and that his subjects might have occasion to avoid sloth and idleness, the king, from the neighbour Continent and from England, drew unto him the best citizens and manufactors whom either large privileges or mo- nies could entice and oblige. Of which such a fair number came, and were so graciously re- ceived, that they forgot their native countries, and here made their perpetual abode." Thus James had at heart the real good and advantage of his country. The handicrafts had fallen into disuse, and were from inattention very imper- fectly understood. In order that his subjects might acquire the needful instruction, and thereby add materially to the conveniencies of life, he allured artificers and manufacturers, at an extrava- gant expense, from Brabant and England. Privi- leges were granted to the industrious, and re- wards allotted to the meritorious. He even con- versed with them respecting the nature of their trades and professions, and received instruction himself in the mechanical arts, at which he often- times worked by way of amusement. Like Charlemagne, or our own immortal Alfred, he promoted literature in every department. He beheld the ignorance to which his subjects were JAMES THE FIRST OF SCOTLAND. 87 reduced, — he plainly perceived the dark cloud which enveloped their understandings, — and he pitied their forlorn and wretched condition. The intellectual improvement of his subjects became the object of his anxious wishes. He, therefore, founded and liberally endoAved many schools and seminaries, where philosophy might be taught, learning cultivated, and the sciences investi- gated. He endeavoured, by every means, to entice into his dominions men celebrated for their intellectual superiority, and their love and attachment to learning. He held out a general invitation to the scholars attached to the con- tinental universities ; and to such as accepted his offers and visited his dominions, he behaved with unremitted attention, and treated with princely munificence. He admitted them at all times to his presence and his conversation, and spent much of his vacant time in attending their schools and listening; with reverence to their instructions. And further, to make a necessity of learning, he ordered that the nobility should never succeed to their patrimonial estates, except they had at- tained a certain degree of proficiency in learning, particularly in the Civil Law. He uniformly advanced learned and good men to benefices and church preferments, in order that by the propagation of orthodox doctrines and 88 ON THE POLITICAL-CHARACTER OF their exemplary living, they might be of real •utility to the comitry. And, to further this truly laudable object, he distinguished the learned by Degrees, at the same time enjoining, that none should occupy the situation of Canon in any cathedral church, excepting he ranked as bachelor in divinity. He, indeed, paid every attention to the regulation of church affairs, which had fallen into great disorder. It was in this reign that organs were first used during divine service in Scotland. Thus in every department personal merit was highly respected by the king, and liberally re- warded. Indolence was checked, and idleness punished. Rank and dignity had less influence with him, than intellectual capacity and mental proficiency. In a very short period, therefore, the most wonderfid effects were visible through- out the whole country, and the most rapid im- provement among his theretofore uncivilized sub- jects was the immediate consequence of his exertions. After having attended to matters of greater importance, James turned bis thoughts towards encouraging elegant manners and polite assem- blies. This, indeed, would considerably add to the relish derivable from their intellectual acquire- meuts, as well as ameliorate their rusticity, and JAMES THE FIRST OV SCOTLAND. 89 polish their rudeness. This would also greatly enlarge their views and ideas, and introduce among them habits of cleanliness, decency, and decorum, to which the Scottish people were com- plete strangers. The king, therefore, with the assistance of the English, who had attended the queen into Scotland ; and also the French, between which people and his subjects there had been much intercourse during the period of James's captivity in England, commenced the truly ardu- ous undertaking. Balls, masks, concerts, thea- trical amusements, and every species of diversion, shortly became common and fashionable. Music was eagerly cultivated, especially as the king, who was gifted with a melodious voice, and could play admirably upon several instruments, showed the example. The increasing luxury and refine- ment of the age has been scandalized by several writers, * with whose dispositions they did not * Ilavvthornden speaks on this point in very warm terms. " Peace," says the historian, " hath its own dangers no less than wars ; yea, often such estates as have increased their dominions, and become mighty by wars, have found their ruin in a luxurious peace ; men, by a voluptuous life, becoming less sensible of true honour. The court, and by that example the country, was become too soft and delicate, supei-fluous in all delights and pleasures. Masques, banqueting, gorgeous apparel, revelling, were not only licensed, but studied and 90 ON THE POLITICAL CHARACTER OF accord : but although they become pernicious and unfavourable to society when carried to excess, still, in moderation, they are productive of most beneficial consequences. Of this, indeed, we have an example in the Scottish people, whose fierceness and brutality quickly vanished, and who were speedily induced to exercise civility, and the gentle arts of social life. The fate of James was truly lamentable ; but I will not trouble the reader with a perusal of the narrative. Every one must have heard of the horrible treason of Athol, Stewart, and Graham ; of admired. Nothing did please what was not strange and far brought; charity began to be restrained, public magnificence falling in private riot. What was wont to entertain whole families, and a train of goodly men, was now spent in dressing of some little rooms, and the womanish decking of the persons of some few hermaphrodites." So speaks the historian; but he has certainly taken an erroneous view of the case, and his irritation has been falsely roused. It is impossible that in the short space of thirteen years (the period of James's reign), Scotland could ha\ e become so corrupt as he would represent. It is a complete absurdity. I would recommend to the peru- sal of the reader Hume's " Essay on llefinemcnt in the Arts," where, with great ingenuity and force of argument, he has proved that " the ages of refinement are both the happiest and most virtuous; and that whenever luxury ceases to be innocent, it also ceases to be beneficial; and when carried a degree too far, is a quality pernicious, though perhaps not the most per- nicious to political society." JAMES THE FIKST OF SCOTLAND. 91 the murder of the best of kings ; of the affection- ate behaviour of the amiable queen ; of the fide- lity of the brave Dunbar; and the generous con- duct of the. noble-minded Catherine Douglas ! Suffice it to say, that the king fell a victim to private hatred and daring ambition : — he fell, — but ample vengeance was taken upon the perpe- trators of the horrid crime. So universal was the grief of his loving subjects, that ^neas Sylvius, who at that period was the pope's legate in Scot- land, declared that he was at a loss which most to commend, the general sorrow which overspread the nation on hearing of the death of their mo- narch, or the alacrity with which they flew to wreak ample vengeance on the savage perpetra- tors of the crime. I have now, with very inadequate powers, endeavoured to describe the benefits bestowed by James upon his people of Scotland. An Hume, a Robertson, or a Gibbon, might here have found an ample field for the employment of their rhe- toric ; or a Scott might have furnished much more interesting matter; — but if I shall have awakened any degree of curiosity in the reader, to induce him privately to investigate this matter, I shall not consider my labour in vain. A prince so good, — so noble, — so just, — so liberal, — so generous, — so kind, — so afl'ectionate, — niay 92 ON THE POLITICAL CHARACTER, 8CC. well deserve the appellation of the Patriot King of Scotland. To him might be applied — what Hamlet says of his father : — " He was a man, take him for all in all. We shall not look upon his like again." ON PATRIOTISM. " The service of our country is no chimerical, but a real duty. lie wlio admits the proofs of any other moral duty, drawn from the constitution of human nature, or from the moral fitness and unfitness of things, must admit them in favour of this duty, or be reduced to the most absurd inconsistencies." Bolingbroke. In the human mind nature has implanted a variety of passions, some of which have a ten- dency to produce the most pernicious conse- quences ; while others are productive of the best, the greatest, and the most glorious ends. The first it is our interest and bounden duty totally to eradicate; and, if the frailty of nature denies absolute dominion and mastery, at least to keep them as much as possible under the subjection of reason. Those passions, however, which Provi- dence has sown in the human breast, for the wisest and most beneficent purposes, we ought to cherish and cultivate with the utmost care and assiduity. Among the best and most noble virtues, patriotism claims a high station, inasmuch as it 94 ON PATRIOTISM. not only embraces in its purpose the good of one individual, but the welfare of a whole community, of millions of our own species. When I speak of patriotism, I mean that ardent love of our coun- try, which invites not only to common exertions, but which will induce its possessor to sacrifice his own interest, his fortune, nay even life itself, for the good of the land which gave him birth. That this virtue, in its most exalted sense, is very rarely to be found, is a truth which obser- vation and experience sufficiently warrant; be- cause, for its production, the finest and most energetic qualities of the heart must be neces- sarily joined to a highly cultivated, enlarged, and powerful understanding. The heart and the head must both lend their kindly assistance, and most minutely agree and concur in the formation of -this phenomenon. Of all the passions, none have ever exalted the human character more than true patriotism. No names stand so pre-eminently great in the annals of fame as the names of those illustrious indi- viduals who have willingly sacrificed themselves for the welfare of their fellow-citizens. In com- parison to them, what are the conquerors of the earth? The former have immortalized them- selves, as the benefactors of mankind ; the latter, though surrounded by a blaze of glory, though ON PATRIOTISM. 95 conquered kings have lowly bended the knee, and fawning sycophants and smiling courtiers have sung their praises in songs of adulation, appear to the reflecting mind what they really are, mur- derers, — robbers ; — in short, scourges sent by an offended Deity to inflict his chastisements on the sinful and offending race of man. None but a truly barbarous age can applaud the slaughter, and devastation, and outrage, and violence, committed by the conqueror. Alex- ander, and Csesar, and Tamerlane, have had their day of glory ; — they have long since passed away! They live now but in the pages of the historian, and what benefit have all their mighty conquests done the world! Have posterity any reason to bless their memory for a single act? — Whence, then, tend all the eulogia passed upon their names ? These are questions which may well be asked. Their very actions, which have been the theme of the flatterer, and the song of the poet, are every day growing more faint and obscure; — a few more years, and the waves of oblivion will wash away all remembrance ; — thereby showing the futility of human pride. They lived more for themselves than for their fellow men, whom they made the leading step to the attainment of their ambitious projects, and the accomplishment of their mad schemes. Their 96 ON PATRIOTISM. renown was obtained by violence and bloodshed ; how can their memory be cherished with grati- tude or affection? Better, then, — far better it had been, had destiny appointed them the contented and useful inhabitants of an humble cottage, than the restless, aspiring, and cruel votaries of ambition. But true patriotism has a kindlier allotment. The individual who has lived for his country alone ; who has forwarded her interests, and toiled for her welfare ; who has denied himself the delights of social life, and domestic comfort; who has yielded up his wealth, and treasures, and worldly goods, not even sparing life itself, and that, perhaps, in the full bloom and vigour of manhood; surely he has a claim upon posterity, — upon succeeding generations of his countrymen. Well indeed may after ages be grateful to his memory, — the memory of a true patriot! History presents a long list of illustrious indi- viduals who have bravely fought, and nobly died in their country's cause. Regulus suffered the most excruciatino- tortures, and the crudest of deaths, rather than betray the dignity of Rome. Her expiring liberty Cato would not survive; but, in his patriotic bosom, sheathed that «word which he could not draw in her defence. I need not swell this essay with a relation of the bril- ON PATRIOTISM. 97 liant examples which the self-devoted Decii presented, or of the glorious sacrifice of Leoni- das and his gallant band, who, although over- powered, but yet unconquered — crushed to the earth, but not humiliated — surrounded by thou- sands of their invaders — pierced and wounded by a thousand blades — still remained firm and unyielding, and gallantly fell around their leader, unsubdued even in the very pangs of death. And although the tear might have swelled in the eyes of surviving friends, and affection heaved a sigh to the memory of the departed ; although melan- choly might have seized the heart, and sorrow undermined the constitution; still that melan- choly and that sorrow must have been tinctured with a certain sweetness, with a gentle pleasure, from the consideration that they died not in infamy; they died not victims to the transgressed laws of their country ; but breathed their last sigh in the field of glory, for the best interest and welfare of their native soil. Those men, though they existed many centu- ries ago. Fame has so covered with never-dying praise, that their actions must be familiar to every classic scholar ; and to those who have delighted to peruse the pages of history, their names have become consecrated, still continuing, like spells, to arouse heartfelt admiration at their actions, and sorrow at their untimely end. To these, indeed, H 98 ON PATRIOTISM. are the following beautiful lines of Virgil appli- cable : — " Fortunati ambo ! si quid mea carmina possunt, Nulla dies unquam memorem vos eximet aevo; Duni domus JExieai capitoliimmobile saxum Incolet ; imperiumqiie Fater Romanus habebit." But even in modern times this patriotic feeling has shone forth with the brightest effulgence. Who can pronounce the names of a Nelson, — an Abercrombie, — a Wolfe, — a Picton, — or a Wel- lington, — without the highest admiration, without the deepest veneration ! They have so recently astonished the world with their exploits, that every infant is taught to lisp their names. But if patriotism burst from the bosom of the dignified statesman, or the illustrious hero, it also warms the heart of the lowly peasant, and is extinct in the minds of those only, who, either perverted by fallacious reasonings, or long hackneyed in the most abandoned courses, are rendered insensible to all benevolent affections. Lord Bolingbroke has in most animated strains discussed the subject of patriotism. The follow- ing is one of his observations : — " Neither Mon- taigne, in writing his Essays, nor Des Cartes, in building new worlds, nor Burnet, in framing an antediluvian earth, no — nor Newton in discover- ing and establishing the true laws of nature on ON PATRIOTISM. 99 experiment and a sublime geometry, felt more intellectual joys than he feels who is a real patriot, who bends all the force of his under- standing, and directs all his thoughts and actions to the good of his country." If / were asked why different men were de- voted to different soils, in preference to others, my answer should be drawn from those fine feel- ings which spring up in the bosom from the asso- ciation of certain agreeable ideas with a consi- deration of the circumstances which gave them birth, and of the situations in which the first impressions were received. I would trace the fair blossom of patriotism from the tender bud of infancy until the increasing years of manhood had nurtured it into a full blown flower. If, on con- sulting my own feelings, I found that in my childhood I felt a respect, almost approaching to adoration, for that home where a parent's tender arms were stretched out to receive me, and im- print on my cheek the kiss of affection ; — if, on reverting to the period when reason first dawned upon my soul, I delighted in viewing those scenes where I had imbibed the first principles of instruc- tion ; — if, as the fervour of youth began to glow upon my cheek, and the warmer passions to struggle in my bosom, I had formed acquaintances and gained friends worthy of my greatest esteem ; I should certainly venerate that land which had 100 ON PATRIOTISM, afforded me so many blessings. And it is to all these circumstances to which I should refer as the cause why the patriot passion was engraven on my heart. However inclement our native clime, we deem it the best, and prefer it to every other. It was this feeling which made Ulysses prefer the barren rocks of Ithaca to the fertile fields, the luxuriant groves, and the enchanting gr-ottos of Calypso. It is this which makes "The shuddering tenant of the frigid zone Boldly proclaim that happiest spot his own ; Extol the treasures of the stormy seas, And his long nights of revelry and ease." " I should prefer," says the amiable, the feel- ing, and the sentimental Zimmerman, " I should prefer a residence in my native fields to all others ; not because they are more beautiful, but because I was there brought up." The spot on which we pass our earliest days possesses a secret charm, — an inexpressible enchantment, — superior to any other enjoyment, and the loss of which no other country can compensate. Inspired by this, " The naked negro, panting at the line, Boasts of his golden stores and palmy wine ; Basks in the grove, or stems the tepid wave, And thanks the gods for all the goods they gave ; Such is the patriot's boast, where'er he roam. His first — best country — ever is his home !'' ON PATRIOTISM. 101 • I cannot pass over a beautiful simile, which the elegant and descriptive poet draws on contem- plating the great attachment of the rugged Swiss to his native mountains : — " And as a child, wliom scaring sounds moiest, Clings close, and closer to his mother's breast ; So the loud torrent, and the whirlwind's roar. But bind him to his native mountains more." These are the admirable, the delightful, and the interesting effects of patriotism; but, like every other affection, it is sometimes capable of hurting the body, and it is then termed Nostal- gia. In a full and complete dissertation on Patriotism, some account of this disorder might be given; but as it fortunately is of very rare occurrence, and few persons suffer from its eflfects, except the natives of Switzerland or of Lapland, I may be allowed to omit entering into any minute description of the symptoms or fea- tures of this complaint. The following instance, indeed, I may be excused in mentioning. When the pastoral air, termed the " Ranz des Vaches," usually sung by the Swiss mountaineers, in order to collect their cattle, was heard by the Swiss soldiers in foreign service, the effect produced by the music was really wonderfid. Whether played, sung, or even whistled, it always created in their bosoms the most violent emotions. Few 102 ON PATRIOTISM. could SO far master their feeling-s as to restrain their tears; — many deserted, to return to their much-loved home ; — that home which Homer has so beautifully called the Trar^i^a yaiav; — and many fell victims to the effects of the nostalgia. The officers commanding the Swiss regiments serving in France and Holland strictly forbad that tune being played by those troops, under the penalty of death. To the above disease the French gave the name of the " maladie du pays !" But patriotism has been often abused, and its sacred name assumed by the worst enemies of the country, as a cloak to cover their secret machi- nations, and as a step whereby they may obtain an ascendancy in society, and mount into power. This has been done in various ways. The avarice and ambition of one individual having raised his spleen and envy in beholding men enjoying lucra- tive situations under government, he has been led to revile them ; — to hold them up to ridicule in every possible method ; — to criticise their ac- tions; — to pry into their connexions, for the very purpose of ridiculing, and bringing them under public disapprobation. This has been termed patriotism! And the cause for this great misapplication of names is simply, because in the eyes of the world this appears like nobleness of heart, and steadiness of principles, and love of probity. Another individual will declaim respect- ON PA'IKIOTISM. 103 ing native liberty, — constitutional freedom, — rights and privileges, for the express purpose of obtaining popularity. Shallow^ as the artifice is, his purpose is speedily answered, and his real motives mistaken, by a supposition that he is actuated by manly opposition against the strides of power. A third will take every opportunity of inflaming the mob, of exciting their passions, of endeavouring to show, by every sophistical argument, the rottenness of the state; — and this has been termed patriotism! In short, though it has been an axiom granted in all ages, and at all hands, that patriotism and badness of heart are incompatible, still, in direct contradiction to the above position, the very worst of men, and the blackest of characters, have been held up to the ad- miration of the world as patriots ! — so far has delu- sion prevailed. On this point I have been induced to touch, because * for some time the spirit of insubordination has been wildly stalking through- out the country; has been persuading the people, through the means of a set of pseudo-patriots, to throw every resistance into the way of govern- ment. It was this which induced the inhabitants of Birmingham, in direct opposition to the law of the land, to elect a legislatorial attorney as their representative in the British parliament ! But the * In the year 1819—20. 104 ON PATRIOTISM. orators, — the leaders, — or the heads of the fac- tions, which have been raging throughout this island, — these Dii majores gentis, — what are they? Wolves in sheep's clothing; — who have undertaken the cause of opposition, not con- scientiously, — not from an idea that the present system of government is corrupt and requires alteration; — but from the most selfish motives; or, as Lord Bolingbroke says, " They undertake opposition not as a duty, — but as an adventure : and looking upon themselves like volunteers, — not like men listed in the service, — -they deem themselves at liberty to take as much, or as little of the trouble, and to continue in it as long, and to end it as soon, as they please." And what is the grand object of these mighty men? The re-modelling the state ! What ! overturn the long established laws, — alter the constitution, — that constitution, for which our forefathers fought, — for which they bled, — and which they so hardly obtained ! That constitution, which has ever been the pride, — the glory, — the boast of English- men, and the envy of Europe ; nay, not of Europe only, but of the whole world ! To such men the following passage is truly applicable: — " Gloster. What if some patriot, for the public good, Sliould vary from your scheme — new mould the state ? Hastings. Curse on the rimovating hand attempts it! Remember him, the viUain, righteous Heav'n, ON PATinOTISM. 105 III tliy ^rcat day of vengeance ! Blast t'le traitor And Ills jjoiiiicious counsels, who for wealtli, — For power, — Uie pride of greatness, — or revenge, — Would plunge his native land in civil wars!'' I shall conclude with observing, that, as the spirit of patriotism is one of the noblest prin- ciples which can adorn the human character, I hope it will ever animate the breast of every true- born Englishman. Let us follow the examples of those illustrious men, whom we have admired and venerated for their patriotic feelings ; and although we are not competent to become Catos, or Nelsons, or Wellingtons ; yet, let us at least follow them at an humble distance, and endea- vour to perform the parts of good and faithful, and useful citizens. CONSIDERATIONS ON THE MORAL AND POLITICAL CAUSES OF THE DOWNFAL OF THE ROMAN EMPIRE. " In urbe luxuria creator: ex luxuria existat avarilia Decease est: ex avaritia erumpit audaci:t. Inde omnia scelera ac malcficia gignuntur." The history of Europe never fails to furnish ample matter for observation and deep reflection. The present establishment of kingdoms, — the rise and consequent progress of arts, sciences, and literature, — the origin of subsisting laws, of manners, of customs, and institutions, demand particular attention. Europe has been the stage on which, both in ancient and modern times, the human character has appeared to greatest advan- tage : it has there alone approached the most perfect form, and attained the highest degree of civilization. Although improvement first origi- nated in the East, still there it only existed in its 108 ON THE BOWNFAL OF state of infancy ; in Europe it increased to the ful- ness of maturity. Greece and Rome were the great luminaries of the West. From those foun- tains of knowledge has flowed the learning of modern times ; though, in many respects, it has received a pohsh unknown to the ancients. That knowledge had arrived at a comparative degree of excellence in parts of Asia and in Egypt, is undeniable ; but its existence was transitory, like the course of the meteor in the heavens ; it shone for a moment, and then was lost in dark- ness. Though improvement, and civilization, and science, have had their fluctuations in Europe, — though during the middle ages they were appa- rently overwhelmed by darkness, — still, like the summer sun, they left a twilight behind, which, after a certain period, again burst forth in bright- ness and effulgence. After the conquest of Greece and Asia, Rome turned its successful arms against the barbarians of the North. These obstinately defended them- selves, and with an extraordinary degree of courage long defied the legions of Rome ; but not being equal to their invaders in the art of war, they were compelled, however reluctantly, to surrender up their lives and their liberties. But many had perished in the struggle, and many had been carried into slavery, — many also had fled into the inaccessible mountains of the THE ROMAN EMPIRE. 109 North, and there sought and enjoyed that free- dom which was denied them in their native soil. There, indeed, they lived, brooding revenge : and when time had sufficiently increased their num- bers, they rushed down with the impetuosity of the mountain torrent, overturning the fabric of the Roman empire, — changing the political and moral state of Europe, — establishing new king- doms and governments, — and introducing new manners, new customs, new dress, language, and opinions. Hume observes, " that most conquests have gone from North to South ; and that thence it has been inferred, that the northern nations pos- sessed a superior degree of courage and ferocity. But it would have been juster," continues he, " to have said that most conquests have been made by poverty and want, upon plenty and riches." Every one must allow that the Romans were, at the period above mentioned, destitute of all courage and energy; and for this, the sloth into which they were sunk, and the degree of luxury and effeminacy to which they had arrived, will sufficiently and satisfactorily account. After these preliminary observations, I beg leave to suggest a few considerations on the causes of the mighty revolution, which the Roman empire underw^ent, and the consequent influence of that revolution upon society. In this I shall 110 ON THE DOWNFAL OF not confine myself to a connected series of de- ductions, but freely offer such remarks as may occur. Industry and discipline, justice and modera- tion, raised Rome to the pinnacle of greatness ; but it unfortunately carried within its bosom the seeds of destruction. The jealousy between the patricians and plebeians, without a balancing- power, made ruin inevitable. " Nolite existu- mare, majores nostros armis rempublicam ex parva raagnam fecisse. Si ita res esset, multo pulcherrimam eam nos haberemus : quippe so- ciorum, atque civium, proeterea armorum, atque equorum major copia nobis, quam illis, est. Sed alia fuere, quae illos magnos fecere, quae nobis nulla sunt: domi industria; foris justum imperium; animus in consulendo liber ; neque delicto, neque lubidini obnoxius *." Such was the delineation of the character of the early Romans, according to the opinion of Porcius Cato. He continues noticing the degeneracy in his own days. " Pro his nos habemus luxuriani, atque avaritiam: pub- lice egestatem, privatim opulentiam : laudamus divitias, sequiraur inertiam : inter bonos et malos discrimen nullum : omnia virtutis prsemia am- bitio possidetf." In consequence of the continual jealousy raging * Sallust. Bell. Catilin. f Ibid. THE ROMAN EMPIRE. Ill between the higher and lower orders of the people, a balancing power became absolutely ne- cessary. When Csesar had seized upon the Roman empire, it then certainly possessed one; but, unfortunately, the favourable moment had passed, never more to return. Had that circumstance occurred previously to the pillage of Greece, or the conquest of Asia, all had perhaps been well : but when those occurrences happened, which, superficially considered, wore a favourable ap- pearance ; but, philosophically, were in every way detrimental and injurious, — Roman valour and Roman discipline quickly vanished. Of the conquest of Asia, Sallust speaks after this fashion. " Sed, postquam L. Sulla, armis recepta repub- lic&, bonis initiis malos eventus habuit ; rapere omnes, trahere : domum alius, alius agros cupere : neque modum, neque modestiam victores habere ; fceda crudeliaque in civis facinora facere. Hue accedebat, quod L. Sulla exercitum, quern in Asia ductaverat, quo sibi fidum faceret, contra morem majorum luxuriose, nimisque liberaliter habuerat. Loca amoena, voluptaria, facile in otio ferocis militura animos molliverant. Ibi primum insuevit exercitus populi Romani amare, potare, signa, tabulas pictas, vasa coelata mirari ; ea pri- vatim ac publice rapere, delubra spoliare, sacra, profanaque omnia polluere *." In consequence, * Sallust. Bell. Catiliu. J12 ON THE DOWNFAL OF therefore, of the influx of the Asiatic wealth, added to the Grecian refinements, the rigidity of the Roman character was destroyed. A spirit of discontent, of disaffection, and equality, was cir- culated among the lower orders of the people. " When Adam delv'd and Eve span, Where was then the gentleman*?" Avarice became the predominating vice among the patricians. Sloth, voluptuousness, and sen- suality, were striking features in their character. Thus circumstanced, they could not brook a superior; consequently, intrigues, conspiracies, and seditions, commenced speedy operations among a proud and discontented people. After the unfortunate end of Julius Caesar, the country WaS inundated with all the evils attendant on civil warfare. Fathers were inflamed with deadly animosity against their sons ; brothers against brothers. " In every heart Arc sown the sparks that kindle fiery war; Occasion needs but fan them, and they blaze. Cain had already shed a brother's blood : The deluge wash'd it out; but left unquench'd The seeds of murder in the breast of man." And notwithstanding the prosperous reign of * These two lines were part of a ballad written in the time of Richard II., when a similar spirit of equality was abroad among the lower orders. THE ROMAN EMPIRE. 113 the second Caesar, such had been the calamities, — such the oppressions under which the country groaned, — that Augustus could ill repair the ex- cesses committed by Odavius. During this reign, however, literature raised its drooping head ; and, under the kindly beams of a cherishing sun, again flourished in luxuriance. The literary talents and political abilities of the Augustan age have re- ceived, and will continue to excite, the deserved praise and profound admiration of posterity *. But, under the sway of the successors of Augustus Csesar, rebellion again reared its Gorgon head, and civil commotion raged with unabated virulence. The people laboured under the merci- less tyranny of inhuman monsters, who gloried in debauchery, profligacy, and in the commission of every atrocious crime. With such examples before its eyes, the court became abandoned, and shamelessly gave way to every excess which it beheld committed upon the throne. There were only a few exceptions to this general condemna- tion, and they appeared " Like angels' visits, — short and far between." *"Lorsqu' Auguste eut conquit I'Egypte, il apporta ii Rome le trfisor des Ptolomees ; cela y fit a peu prfes la ineme revo- lution que la decouverte des Indes a fait depuis en Europe." — Considerations sur les Causes de la Grandeur des Komuins et de leur Decadence, par Montesquieu. I 114 ON THE DOWNFAL OF So that though their efforts towards a reforma- tion might be crowned with success, such success was only temporary ; but they never produced permanent improvement. Previously to this period, however, two cir- cumstances had occurred, which, though appa- rently fortunate, were, however, productive of the most fatal consequences ; inasmuch as they hastened the above-mentioned deterioration of manners, and extinction of liberty, — the fall of Carthage, and the expulsion of the Gauls from Italy. During the existence of the rival of Rome, the attention of the people was kept alive with the endeavour of humbling her power, and of compelling her to crouch in submission to the mistress of the world. Immediately on the fall of Carthage, the Romans were contaminated with the self-same vices which marked their rival state. " Carthage, qui faisoit la guerre avec son opulence contre la pauvrete Romaine, avoit par cela meme du desavantage : I'or et I'argent s'epuisent ; mais la vertu, la Constance, la force, et la pauvrete, ne s'epuisent jamais*," But, after the overthrow of the Carthaginian republic, the Romans completely degenerated. The Gauhc possessions in Italy caused incessant alarm and * Considerations sur les Causes, &c. THE ROMAN EMPIRE. 115 apprehension to the citizens of Rome, and fear and sense of impending danger knitted them closer in the bonds of amity and union. But as soon as the banishment of the Gauls was effected, the people had time for reflection ; and as nothing existed without the walls to attract the public attention, it was naturally turned to scrutinize and canvass the occurrences within the city. Disputed successions convinced the soldiers of the power and influence intrusted to their hands. They even carried their insolence so far, as, by public auction, to dispose of the imperial purple : but, although to the emperors thus elected they took the oath of allegiance, still that oath was a feeble barrier to their avarice, rapacity, and licentiousness. They openly mur- dered one prince, to exercise the like extortion upon his successor. This system was carried on to the most alarming extent. Emperor suc- ceeded emperor in rapid succession, all severally sharing a violent death, and none dared to dis- pute the arrogant pretensions of the army. Al- though the wisdom of Nerva, — the valour of Trajan, — the warlike abilities of Adrian, — and the virtues of the Antonines, — had raised some respect in the bosom of the soldiery, and awed them somewhat into subjection ; nevertheless, under their successors, the abuses attendant on 116 ON THE DOWNFAL OF military government were carried to the wildest excesses. The soldiers, in short, became pro- fessed robbers, and openly pillaged and plundered their native country. Whoever squandered the largest suras among them, was easily proclaimed emperor : thus numberless rivals were contending and deluging the empire with human blood, in order to obtain the tottering throne. The fright- ful disorder visible in the succession at length arrived at its climax. On the death of Valerian, and durino- the reion of his son Galienus, the country was divided between thirty competitors, who were at once striving and contending for the possession of the imperial dignity. In order to counteract the ever-wakeful and oft-recurring treasons of the soldiery, the em- perors associated with themselves some persons in whom they could place the most tinn and implicit reliance. Diocletian, alleging that the immense extent of the Roman empire precluded the possibility of one man being enabled to direct the helm of government, ordained, that from thenceforth there should be two emperors, and two Csesars. The number of the prefects of the pretorian guards, who, on account of the rank they held, and the power they exercised, were generally the leaders of every sedition and rebel- lion, was by Constantine increased from two to THE ROMAN EMPIRP:. 117 four. By this increase in number their individual power became greatly diminished. The emperors from that time enjoyed a security to which theretofore they had been tot&l strangers; they no longer died by the hand of violence. Manners became softened, and a less degree of ferocity marked the actions of that period : but a new species of tyranny, subtle and underhanded, then became visible. Instead of slaughter and massacre, iniquitous judgments were pronounced, which prolonged the period of life, in order to let the victim feel what punishments and torments tyranny could inflict. The court was governed and directed in every thing by artifice : all was whispered or insinuated, — nothing was done in the open face of day. The emperors themselves were immersed in pleasure, sunk in softness and voluptuousness, and fond of every indulgence. They became more accessible to sycophants and flatterers, — more alive to the charms of beauty, — more secluded in their palaces, — and more indifferent to matters of state. Their ears were open to every tale, which slander could utter, or malice invent. Attacks were made against the characters of men of the highest reputation, and the ablest civil and military officers found them- selves exposed to the mercy of men, who were incapable of serving the state themselves, and did not possess the disposition of allowing others 118 ON THE DOWNFAL OT to do it with any degree of credit or satisfac- tion*. Another material cause, which operated consi- derably in humbling the grandeur of Rome, and in exposing it to the incursions of the Northern barbarians, was the removal of the imperial seat to Constantinople. I will not now endeavour to investigate the causes which influenced Constan- tine to undertake that measure. It might have been the consequence of mistaken policy, or blind vanity. In order, however, the more effec- tually to secure the new capital, the legions which were stationed on the banks of the Rhine and the Danube, and the frontiers of the empire, were removed and dispersed throughout the Eastern provinces. Italy, crowded with beautiful villas, had been with propriety styled the garden of Europe. There the voluptuous nobles had lived, surrounded with pomp and grandeur. It had received its yearly supplies of corn from Sicily, Egypt, and Africa; but on the removal of the imperial court, the nobility left their estates under the management of their slaves. Italy be- came in a manner drained of its inhabitants. And to effectuate more fully his favourite scheme, to ensure a regular supply of grain, Constantino ordered the corn of Egypt to be imported into the newly founded city. Thus the Western * Considerations sur les Causes, &c. THE ROMAN EMPIRE. 119 capital was deprived of a great portion of its customary annual supplies. When Augustus had accomplished the subju- gation of Egypt, he transported to Rome the immense treasures which had been accumulated by the Ptolemies. These, added to the riches acquired in Asia and Africa, rendered the circu- lation of gold and silver throughout the Western portion of the empire very plentiful. The people were therefore enabled, with greater ease, to pay in specie the taxes and imposts, although nume- rous and heavy, which were by the edicts of the different emperors directed to be levied. But on the removal of the imperial seat, Constantinople became the centre of attraction : the channel, therefore, by which this wealth had flowed into the heart of Italy, was diverted from its original course, and directed towards the newly-founded city. Italy was thus also drained of its wealth, and sunk to the most abject and impoverished condition; notwithstanding which, the emperors continued equally extravagant in their exactions. The division of the empire was another mea- sure which hastened its decline, and paved the way for its final overthrow. This sowed the seeds of rivalry between the Eastern and Western portions, which occasioned numberless wars, an active and deadly competition, and was produc- 120 ON THE DOWNFAL OF tive of the most fatal consequences *. Of the per- nicious effects of this custom we have had several exemplifications in modern history. It was an error which had become prevalent among the early sovereigns of modern Europe. Charlemagne divided his numerous possessions between his three sons, Charles, Pepin, and Louis le Debon- naire. Though, under the management of the superior genius of Charles, a surprising degree of harmony had appeared throughout every part of his dominions ; yet, by the before-mentioned divi- sion, the internal strength was weakened, — the knot of union was loosened, — and jealousy and discord, and civil contention, followed in speedy succession. Louis, on the death of his two bro- thers, succeeded to the undivided possession of the empire ; and nearly the first measure which he undertook, immediately on his succession, plainly showed the weakness of his heart. He blindly followed the example which his father had afforded in the subdivision of his empire between his chil- dren. This step is well known to have occasioned * " Mais Galore et Constance Chlore n'ayant pu s'accorder, ils partagerent reelment I'empire: et par cet example, qui fut dans la suite suivi par Constantin, qui prit le plan de Galfere, et non pas celui de Dioclesien, il s'introduisit line couturae qui fut nioins un changement qu'une revolution." — Considera- tions, &c. THE ROMAN EMPIRE. 121 the memorable battle of Fontenai, in Burgundy, when one hundred thousand men were sacrificed to fraternal hatred, and deadly and unnatural opposition. The early history of France, Ger- many, Spain, Italy, is replete with such instances, and numberless examples could be further ad- duced ; but I will confine myself only to one more, the subdivisions in England under the Saxons, and thence denominated the Saxon Octarchy*. When the Anglo-Saxon princes had so far checked the incursions of the Britons as to be no longer apprehensive of their power of hostility, they began to entertain hopes, and prosecute measures, for their own aggrandisement^ and the * It has been very erroneously, by some authors, called the Heptarchy. Mr. Turner, in his very learned Anglo-Saxon History, has traced the formation of the several states which composed the Octarchy. " Ella," says he, " supporting his invasion in Sussex, like Hengist in Kent, made a Saxon duarchy before the year 500. When Cerdic erected the state of Wessex, iu 519, a triarchy appeared; East-Anglia made it a tetrarchy; Essex a pentarchy. The success of Ida, after 547, having established a sovereignty of Angles in Ber- nicia, the island beheld an hexarchy. When the northern Ella penetrated, in 560, southward of the Tees, his kingdom of Deira produced an heptarchy. In 586, the Angles branching from Deira into the regions south of the Humber, the state of Mercia completed an Anglo-Saxon octarchy." — Turner's Anglo-Saxon History. 122 ON THE DOWNFAL OF extension of their own dominions. Mutual jea- lousies produced mutual contention ; and wars, commotions, and insurrections, burst forth in every quarter, and continued to rage throughout the island with unabated virulence, until the reign of Egbert. Ethelbert, the youthful King of Kent, and the fourth in descent from the famous Hengist, possessed the audacity, at the early age of sixteen, to invade the dominions of Ceawlin, the powerful King of Wessex. The issue was fatal to the youthful assailant. Ceawlin, how- ever, suffered a defeat from Ceolric, his unnatural nephew, who, in conjunction with the Cymry and the Scots, overthrew the forces of his uncle at Wodnesbeorg, in Wiltshire. Ethelfrith, dissatis- fied with his inheritance of Bernicia, seized upon the neighbouring kingdom of Deira, then under the sway of the youthful Edwin. Edwin fled into North Wales, and found an asylum in the court of the generous Cadvan. By the friendly assistance of Redwald, King of East Anglia, the exiled prince was enabled to overcome his enemy, regain his patrimony, and also obtain possession of Bernicia. Cadwallen, Sovereign of North Wales, having united his forces with Penda, King of Mercia, defeated Edwin, ravaged Nor- thumbria, and committed the most horrible excesses on the followers of Christianity. The THE ROMAN EMPIRE. 123 ferocious Penda overran Wessex, and slew the princes of East Anglia*. Desolation marked his progress, and the course of his victories. Such was the line of conduct pursued by the Anglo-Saxon princes. Peace and tranquillity were too little appreciated; mutual competition was unceasing; and mutual aggrandisement, and mutual humilia- tion, the darling object of the different potentates. The method which had been invariably adopted by the Romans was, on the conquest of any coun- try, an attempt at immediate civilization. For that purpose they introduced their own laws, their own customs, sciences, and language. This was practised with respect to England, and happily the experiment was crowned with ultimate suc- cess : but our island was under the conduct and management of an Agricola. There are often exceptions to general rules, and this may be adduced as an instance. Besides, several causes concurred, which, by their united operations, pro- duced such speedy improvement. But this was ,not always the case. Laws, customs, sciences, and language, to be a material benefit to a people, must not originate from any adventitious ferment or external violence, but from progressive im- provement, and internal conviction. The rude * For a particular account of the above statements, see Turner. 124 ON THE DOWNFAL OF customs, the barbarous language, the native dig- nity, the majesty of deportment, and the unso- phisticated manners of the savage, are far pre- ferable to the studied speech, the adulatory com- pliments, the fawning and sycophantic behaviour of the slave. Of this statement the history of this period affords a sorrowful exemplification. The con- quered, in time, were tainted with the vices of the conquerors. They soon became initiated in the Roman luxuries, characterized for the same degree of sloth and effeminacy ; and those very men who had once boldly defied the legions of Cgesar and Germanicus, who had repeatedly vanquished the armies of Rome, who had wasted the strength of the empire, and whose conquest had cost so much labour and trouble, so much treasure, and so many men, — soon fell to such debasement, as patiently to submit to the tyranny and oppression of rapacious governors, as well as become totally incapable of defence against fresh hordes of raw and undisciplined barbarians. " The prostrate South to the destroyer yields Her boasted titles, and her golden fields : Wilh grim delight the brood of winter view A brighter day, and skies of azure hue; Scent the new fragrance of the op'ning rose, And quaff the pendant vintage as^ it grows." THE ROMAN EMPIRE. 125 The evils arising from civil and political dis- putes were increased by religious dissensions. Christianity, which had endured the bitterest per- secutions of blind and infatuated Paganism, had, (such was the will of divine Providence), notwith- standing all the formidable barriers opposed to its progress, at length reached a glorious ascend- ancy. Its power was acknowledged throughout the empire, and had even mounted the throne of the haughty Csesars*. * Julius Firmius Maternus, having called upon the Empe- rors Coustaiitius and Constans to extirpate altogether the ancient religion, thus describes its fallen condition : — " Licet adhuc, in quibusdem regionibus, idololatriaj morientia palpitent membra, tamen in eo res est, ut a Christianis omnibus terris pestiferum hoc malum amputetur." — Dc Error, Pro/an. Relig. c. 21. Justin Martyr, whose writings bear date about 106 years after the ascension of our blessed Saviour, says: — " There exists not a nation, either of Greek, barbarian, or other extrac- tion, — even of those who lead an unsettled and roving life, and live under tents, — among whom prayers and thanksgiv- ings are not offered up to the Father and Creator under the deno- mination of the crucified Jesus." — Dial, cum Triph. Clement Alexandrinus, who wrote a few years subsequently to Justin, contrasts the progress of Christianity with the success of the most celebrated doctrines of philosophy. " The philosophers were confined to the limits of Greece, and to their particular disciples ; but the doctrine of the Founder of Christianity not only pervades Judsea, as philosophy in Greece, but has been propagated over the whole world. It has been preached in every nation, and city, and village, botii of Greeks and Bar- 126 ON THE DOWNFAL OF I have before alluded to the divisions and adverse factions in the empire, and the strongest and most powerful party of course prevailed. By these means the throne was seized by many who were strangers and barbarians. Rome no longer arrogated to herself the proud distinction of the mistress of the world ; her power had long since departed, her glory had vanished, and the period of her most abject humiliation was fast approach- ing. Every emperor, on his succession, trans- ported to the capital something from his native country, for the express improvement (according to his opinion — and the prejudice for early habits barians, converting families and individuals ; having already convinced several philosophers of the fallacy of their doctrines. If the Greek philosophy be prohibited, or meet with any obstacles, it is immediately deterred; whereas from the first moment of the propagation of our doctrine, kings, governors, and presidents, have endeavoured, with their whole power and influence, altogether to exterminate it ; yet, notwithstanding their every effort, it has flourished, and still continues to increase." — Storm. 1. 4. About seventy years after Constan- tine's reign, Jerome thus speaks of the spreading influence of the Christian religion : — " But now the sufferings and resur- rection of Christ are celebrated in the discourse and writings of every nation. Not to mention Jews, Greeks, or Latins; — the Indians, Persians, Goths, and Egyptians, give perfect cre- dence to the doctrine of the immortality of the soul, and future rewards and punishments, which the greatest philosophers had doubted and perplexed by their disputations." — Jer. Ep. 8. ad Heliod. THE ROMAN EMPIRE. 127 is very great) of the religious, moral, civil, or political institutions of the empire. The jealousy entertained by the Romans against innovations was thereby diminished. Heliogabalus destroyed all the objects of public veneration and worship, and all the statues of the gods, in order to erect his own in their stead. Even these measures, trifling as they may appear, materially assisted the establishment of the Christian religion, inasmuch as those proceedings had gradually prepared the minds of the people for the introduction of the most wonderful innovations. The Christian religion having gained so great an ascendancy over the Roman empire, the Pagans, in their turn, were persecuted with all the animo- sity, cruelty, and hatred, which bigotry and blind enthusiasm are capable of exciting in the human mind. The gods of Rome were publicly insulted, and their statues overturned and broken : pro- hibitory statutes were passed against their votaries, and the ancient religion was proscribed ; the altar of Victory was demolished, and the proud eagle of Rome submissively gave way to the triumphant cross. In consequence of these violent measures, several deputations were sent to the imperial court, praying the restoration of the altar of Victory, and the free exercise of their religion. Every thing was left to the management and direction of the prefect Symmachus, a man of 128 ON THE DOWNFAL OF powerful eloquence and great abilities, who in an address presented to the emperor, representing the grievances under which the Pagans laboured, thus speaks : — " What should make us more mindful of the gods than the knowledge of former prosperity, and the experience of past favours ? After the lapse of so many ages, should we not be faithful in the discharge of our duties, and tread in our fathers' steps, who happily followed the example aflPorded them by their ancestors? Ima- gine that Rome kneels in supplication at your feet, and thus addresses you. 'Mighty Princes! Protectors of your country! Respect my years, during which I have constantly preserved my ancient rites and religion. This observance has subjugated the universe to my dominion, has gloriously repelled Hannibal from the city, and the Gauls from the capitol. For the gods of our coun- try alone I demand peace ; I demand it for the gods of our ancestors; 1 am unacquainted with the new system which is offered for my adoption ; and I am thoroughly assured that the correction of old age is an unwelcome and an ungrateful office*.' " The dissensions, however, daily increased. The Christians affirmed that every misfortune which befel the empire was to be attributed to the Pagans ; who, by their perverseness and repeated * Syniinach. Epist. THE ROMAN EMPIRE. 129 acts of impiety, had provoked the displeasure of Heaven. The Pagans rebutted the accusa- tion ; and, unmindful of themselves, gloried in the midst of the most horrid sufferings, so as they beheld the followers of Christianity included as fellows-sufferers. Such was the situation of affairs, when violent disputes burst forth among the Christians themselves. New sects sprang up, new antipathies and jealousies were excited, new doctrines were circulated, and new opinions were agitated, with all the virulence of party feeling. Arius denied the divinity of the Word ; Eusebius, his co-equality with the Father; the Macedonians, the Holy Spirit; Pelagius, the internal efficacy of grace ^ Ccslestius, original sin ; Nestorius, the unity of Christ; and Eutiches, his double nature. Excommunications were thundered out against the sectaries, and the same punishments de- nounced against heretics as Pagans. The uni- versal bigotry and infatuation of the people, added to their previous effeminacy, completed the measure of their moral debasement. Constantine, the son of Heraclius, having died by the hand of treachery, and his son Constans having lost his life in Sicily, another Constantine obtained the succession. In a grand Convention of the Eastern provinces the nobles proposed to elect his two brothers to the imperial power, alleging, that as K 130 ON THE DOWNFAL OF there were three persons in the Trinity, so should there be three Emperors. Such was the condition of the people, — or, to be more correct, the Romans had made such rapid strides towards the above condition, — when the barbarians poured forth their swarms from the frozen North ; and, like the mountain torrent, burst with incredible impetuosity upon the fertile valleys of the South. They were the reverse in character to the people whom they invaded. War was their profession, and the source of their honour and riches ; the sword their right of possession. From their very infancy they were assiduous in learning the military art. Their education, their laws, prejudices, religion, — all concurred in making it their predominating passion. The very sports of their childhood were directed towards the promotion of this object: dangers were encountered by them in their very diversions : — they exercised themselves in leap- ing, — in ascending precipices, — in combats, — in wrestling, — in the pleasures of the chase, — and in swimming across the most rapid streams.— Like the Lacedemonians, they recognised no virtue but valour*, — no crime but cowardice. They * " The philosophy of the Cimbri," says Valerius Maximus, " is gay and courageous ; they so exult in battle, that they will quit life gloriously: in sickness, they weep for fear of a THE ROMAN EMPIRE. 131 were, moreover, remarkable for the steadiness of their friendship, for their regard to the marriage vow, and their abhorrence of treachery or false- hood- They likewise maintained many maxims of political wisdom, which only required time to be brought to a state of perfect maturity. The effeminate Romans were not enabled to effect any thing against men so trained and disciplined ; they shrunk from the unequal combat, and be- came unresisting victims of barbaric fury. In consequence of the pusillanimity of the Romans, the most bloody excesses were committed in every quarter. The Goths in the meantime had subjugated Spain, — Rufinus had betrayed Greece to the barbaric invaders, — Africa groaned under the tyrannic sway of Gildo, — Alaric and Radagaisius had invaded the dominions of Honorius, — and Olympius had repeated the treasonable practices of Stiticho. Constantius had been declared em- peror in Britain, — Genseric, the Vandal chief, shameful and miserable end." — Lib. ii. c. 6. And Lucan thus decribes them : " Orbe alio longae, canitis si cognita, vitae Mors media est. Certe populi quos despicet Arctos, Felices errore suo! quos ille timorum Maximushaud urget — lethi metus; inde ruendi In ferrum mens prona viris — aniraaque capaces Mortis, et ignavura rediturse parcere vitae."— Lib. i. 132 ON THE DOWNFAL OF had undertaken the African expedition, — and jEtius, aided by the Hunnic powers, had acquired a dangerous distinction in the court of Valen- tinian. The sons of Alaric had besieged Nar- bonne, — the Burgundi had overrun the Belgic provinces, — and Attila had spread the most terrible ravages throughout the district of Gaul, Mentz, Worms, Spires, Strasburg, Rheims, Arras, Amiens, Tournay, the cities of the Netherlands, and of the Lyonese ; the provinces of Narbonne, Novem-populonia, and Septamania, became scenes of frightful desolation. Salvian of Marseilles has at some length de- scribed the evils and calamities under which the empire laboured in his time. He expatiates on the vices, the profligacy, sensuality, envy, and avarice of the age ; and describes the system of immoderate taxation, and the insolence and cruelty of the imperial tax-gatherers. In every province, in every city, and even vil- lage, the officers of government exercised the most boundless tyranny. Public burdens were mercilessly imposed, and the collection of the national revenue was the source of private ag- grandisement. The taxations were imposed with partiality, and exacted with severity. Many of high rank and liberal education, in order to escape the violence of the exactors, and to avoid the punishment inflicted on defaulters, quitted their THE ROMAN EMPIRE. 133 habitations, and fled for protection to the na- tional enemies : and though the barbarians to whom they retired for safety differed in rehgion, language, and manners ; yet the fugitives pre- ferred the inconveniences resulting- from such dissimilarity among the Goths and Bagaudse, to unceasing persecution and overwhelming injus- tice among their own countrymen. In conse- quence of these measures, the appellation of Roman citizen, which had formerly been so highly valued and so dearly purchased, was altogether repudiated and shunned. Those who would not fly to the barbarians, became themselves bar- barians. Deprived of the right of Roman liberty, — compelled by the dishonesty and injustice of the judges, and the proscriptions of the iniqui- tous tax-gatherers, to fly from their native land, — they endeavoured to avenge their injuries, and retaliate upon their oppressors. With such intestine commotions at home, the empire offered a feeble resistance to the barbaric powers : blood and carnage, desolation and havoc, marked the road of the invaders. The most fer- tile provinces, which had once smiled with peace and prosperity, were converted into the most horrible deserts. Italy was repeatedly overrun and ransacked; and the imperial city pillaged, after having endured all the miseries of a length- 134 ON THE DOWNFAL, &C, ened siege, and all the horrors of a protracted famine. The rapid progress of the barbarians of the North soon diffused their armies over the fertile plains of the South. During the fifth century, the Visigoths effected a settlement in Spain, and the Franks and Burgundians in Gaul, — the Saxons and Angles took possession of England, — and the Huns, of Pannonia; — the Lombards founded a dynasty in Italy, — and fresh armies of Sclavonians and Tartars fixed themselves be- tween the Baltic, the Elbe, and the Danube. New languages, new systems of government, new laws, manners, and customs, were the consequence of these several movements ; and the face of Europe underwent a complete altera- tion, which, with few trifling and local deviations, has existed to the present day. ON THE GRECIAN SOPHISTRY, AND ROMAN RHETORIC. "Siciit foi'tis eqiius, spatio qui ssepe supremo Vicit Olympia, nunc seuio confectu quiescit." Ennius. Greece has excited universal admiration for its wonderful excellence in the exercise of the liberal arts. There, Poetry, Painting, Sculpture, Elo- quence, Music, and Architecture, severally ar- rived at the highest grade of human perfection. There the genius of Homer wove the fables of the " Iliad" and "Odyssey;" there the muse of Pindar warbled her lyric melodies ; and Sappho and Anacreon sung of love : there Phidias produced those masterpieces of his art; there Apelles flou- rished; and Demosthenes, iEschines, and Isocrates, enchanted the soul with all the charms, and roused the passions of their countrymen with all the force, of eloquence. Rome imbibed instruction from Greece, and 1S6 ON THE GRECIAN SOPHISTRY, arrived at a wonderful degree of proficiency, though she could not equal her instructress. She could, however, boast of her philosophers, poets, orators, and historians. Ccelius and Curio, Hor- tensius Caesar and Cicero, Livy and Tacitus, Virgil and Horace, Ovid and Lucretius, Terence and Seneca, Scipio and Cato, have shed such lustre upon their country, that as long as their names are fresh in our memories, Rome will always excite our wonder and admiration, our sympathy and commiseration. But, notwithstanding the proud superiority enjoyed by the Greeks and Romans, the day of their humiliation at length arrived, when their sun of literary excellence, after having run its destined course, sunk to rest, and darkness spread over the whole continent of Europe. The middle ages, extending from the fifth to the thirteenth century, exhibit one continued picture of gloominess, desolation, ignorance, and barbarism, without one ray to lead, or one star to direct, the bewildered traveller. The barbarians who overturned the Roman empire, entertained a thorough contempt for lite- rature and the elegant arts. They hesitated not in pulling down the most beautiful productioixs of human skill and ingenuity, in burning the most stately palaces, and pasturing their herds in the most luxuriant gardens and pleasure-grounds. AND ROMAN RHETORIC. 137 They despised learning, from an idea that it only tended to enervate the mind, and rob it of energy and activity ; and that the youth, who had tamely submitted to the lash of the pedagogue, could never meet with undaunted courage the eye of the enemy. No wonder, then, that literature degenerated, and fell into low estimation; no wonder that it sunk into disrepute, and conse- quently into disuse; and a frightful barbarism spread over the face of Europe. The middle ages, however, were productive of beneficial consequences to society. The human mind, during that interval, concentrated all its strength and energy; and, on the revival of learn- ing, exhibited an astonishing activity and origi- nality of genius. The human intellect then effected an emancipation from the galling slavery under which it had for so long a period groaned. The trammels of the Grecian sophistry then no longer fettered the imagination, and the Roman rhetoric had been in a great measure deprived of its false and delusive colours. The cultivation of letters was vigorously pursued, and soon acquired a happy state of perfection. " Interruptions in the periods of learning," says the sagacious and philosophic Hume, " were they not attended with such a destruction of ancient books and the records of history, would be rather favourable to the arts and sciences, by breaking the progress of 138 ON THE GRECIAN SOPHISTRY, authority, and dethroning the tyrannical usurpers over human reason. In this particular they have the same influence as interruptions in political governments and societies. Consider the blind submission of the ancient philosophers to the several masters in each school, and you will be convinced that little good could be expected from a hundred centuries of such a servile phi- losophy. Upon the revival of learning, those sects of Stoics and Epicureans, Platonists and Pythagoreans, could never regain any credit or authority ; and at the same time, by the example of their fall, kept men from submitting with such blind deference to those new sects, which have attempted to gain ascendency over them." The period of the Roman literary excellence was of short duration : it flowed suddenly among them, upon the conquest of Greece ; but its pro- gress and decline was as rapid as had been its introduction. Previously to the above period, and during the early times of the republic, the Romans had had little leisure, and few oppor- tunities for the cultivation of the arts and sciences, and the investigations of philosophical specula- tions. Before their intercourse with Greece, they were, therefore, rude and illiterate. Ennius was one of the first literary ornaments of Rome, and from his time the dramatic art made advance- ment. During the interval between the Mace- AND ROMAN RHETORIC. 139 donian and the second Punic war, some Achaians settled in Italy, and opened public schools of philosophy and literature ; thereby diffusing a taste for the prosecution of those studies, there- tofore unknown to the Roman youth. Jealous, however, of the reputation acquired by these Grecians, and offended at the introduction of new studies, the Senate ordered the philosophers into immediate banishment. But, shortly after this mandate had been enforced, an embassy was deputed to Rome by the Athenians, under the guidance of Carneades, Diogenes, and Critolaus, three men eminent for learning, who revived the dying embers of the Grecian philosophy. Poets and orators, historians and philosophers, after that period, followed in rapid succession. From the time of Ennius, however, to Quintilian, the existence of literature may be reckoned some- what more than three centuries; from which period, its decay daily became more visible. It then fell into general disuse, and at length lapsed into a state of complete debilitation and helpless dotage. Such, indeed, was the decay and degeneracy of literature, and so progressively fast had been its decline, that it was even obvious to the Romans themselves. " Who does not know,'* says the author of the Dialogue on Oratory, " that eloquence and the other elegant arts have 140 ON THE GRECIAN SOPHISTRY, fallen from their pristine glory; not from scarcity of men, but from the dissipated habits of youth, — the neglectful conduct of parents, — the want of proficiency of teachers, — and the inattention to the manners of our ancestors ? Which evils, having originated in the capitol, have pervaded Italy, and spread through every province*." Longinus thus speaks of liberty : " Liberty, it is said, produces fine sentiments in men of genius; it invigorates their hopes, excites an honourable emulation, and inspires an ambition and thirst for excellence ; and what is more, in free states there are prizes to be gained, which are worth disputing. So that by this means the natural faculties of the orators are sharpened and polished by continual practice, and the liberty of their thoughts, as it is reasonable to expect, shines conspicuously out in the liberty of their debates^." * "Quis eniin ignorat et cloquentiam et caeteras artes de- Ecivisse ab ista vetere gloria, non inopiti liominum, sed de- sidia juventutis, et negligentia parentum, et inscientia prjeci- pientium, et oblivione moris antiqui? quae mala primum in urbe nata, mox per Ilaliam fusa, jam in piovincias raanant." — Sec. 28. Also see the subsequent section, where the author describes the progress of a Roman education in his age. f Long. sec. 44. I would recommend the reader to peruse the whole section, as it contains much matter relevant to the text. The citation above is from Smith's beautiful transla- tion of Longinus, which, indeed, contains all the strength and beauty of an original treatise. AND ROMAN RHETORIC. 141 But the loss of Roman liberty extinguished emu- lation and ambition in the Roman mind. The existing sloth and effeminacy were so great, that the people were altogether incapable of mental activity or exertion, and consequently of im- provement. When mental superiority ceases to confer eminence, and satisfy the vanity of learn- ing, it immediately ceases to be an object of pro- secution. A view of the history of Rome will plainly demonstrate the fact, that there is a close and inseparable link between private virtue and political liberty. When a nation becomes de- bauched, and given up to the exercise of every vice, the preservation of that liberty is utterly impossible ; for the more profligate a people be- come, the more restrictive must naturally be the laws, and the more tyrannical the system of government. Longinus traces the deterioration of Roman manners to moral causes. " Avarice*," says he, " that disease of which the whole world is sick beyond a cure, aided by voluptuousness, holds us fast in chains of thraldom ; or rather, if I may so express it, overwhelms life itself, as well as all that live, in the depths of misery : for, love of money is the disease which renders us most • The Delphic oracle predicted that avarice would occasion the ruin of Sparta. " AH opulent states," says Cicero, " should well observe that response." 142 ON THE GRECIAN SOPHISTRY, abject, and love of pleasure is that which renders us most corrupt. I have, indeed, thought much upon it ; but, after all, judge it impossible for the pursuers, or, to speak more truly, the adorers and worshippers of immense riches, to preserve their souls from the infection of those vices which are firmly allied to them : for profuseness will be, wherever there is affluence ; they are firmly linked together, and constant attendants upon one an- other. Wealth unbars the gates of cities, and opens the doors of houses ; profuseness gets in at the same time, and there they jointly fix their residence. After some continuance in their new establishment, they build their nests (in the lan- guage of philosophy), and propagate their species. There they hatch arrogance, pride, and luxury, no spurious blood, but their genuine offspring. If these children of wealth be fostered and suf- fered to reach maturity, they quickly engender the most inexorable tyrants, and make the soul groan under the oppressions of insolence, injus- tice, and the most seared and hardened impu- dence. When men are thus fallen, what I have mentioned must needs result from their de- pravity : they can no longer endure a sight of any thing above their grovelling selves ; and as for reputation, they regard it not. When once such corruption infects an age, it gradually spreads, and becomes universal. The faculties AND ROMAN RHETORIC. 143 of the soul will then grow stupid, their spirit will be lost, and good sense and genius must lie in ruins, when the care and study of man is engaged about the mortal — the worthless part of himself; and he has ceased to cultivate virtue, and polish his nobler part — the soul*." And Ammianus Marcellinus, after describing their passion for dice, their love of theatrical indelicacies, and many other vices, — thus continues: " When affairs had arrived at such a pass, the few houses before celebrated for serious pursuits, now abound with instances of a disgraceful sloth, resounding with vocal echoes, and the music of the lute. In short, in the room of a philosopher, there is now a sino-er: and in the stead of an orator, a teacher of ludicrous arts: the libraries are shut up after the manner of sepulchres ; hydraulic machines are fabricated, as well as immense lyres in the shape of chariots, and flutes f, and the * Longinus, sect. 44. I have already reeommended the reader to bestow upon it a very careful perusal, as it will amply repay him for his trouble. t Ammianus Marcellinus has, in the fourteenth book of his history, at some length described the effeminacy, the degene- racy, and the profligacy of the Romans. A careful perusal of this book will convince the reader of the low state of degra- dation to which the Romans had sunk. He says, " Quod cum ita sit, paucse domus studiorum seriis cultibus antea celebratse, nunc ludibriis ignaviae torrentes exundant, perflabili sono vocali tinnitu fidium resultantes. Denique pro philosopho 144 ON THE GRECIAN SOPHISTRY, instruments of the actors' gesticulations. Lastly ; such shameful indignities have been heaped upon the people, that when strangers, not long since, were driven forth from the city on account of a dreaded scarcity of provisions, and a few fol- lowers of the elegant arts expelled without the slightest mercy; numberless mimae, or those who feigned that profession for a season, and three thousand dancers, and the like number of singers, were retained within the walls." Such was the condition of the Romans, when invaded by the Gothic tribes ; and such being their condition, their incapacity of instructing the rude barbarians is apparent. An opinion has been entertained, — how erroneously, a reconsider- ation of the question will satisfy any individual, — that the aversion of the barbarians to literature was intuitive, — planted in their bosoms by nature : but this aversion was evidently created by the cantor, et in locum oratoris doctor artiuin ludicrarum accitur: et bibliotliecis sepulcrorum ritu in perpetuum clausis, organa fabricantur hydraulica, et lyrae ad speciem carpentorum in- gentes, tibiaeque et histrionici gestus instrumenta non levia. Postremo ad id indignitatis est ventum ; ut cikm peregrin! ob formidatam baud ita dudum alimentorum inopiam pellerentur ab urbe prajcipites, sectatoribus disciplinaruin iiberaliuni im- pendio paucis sine respiratione nlla extrusis, tenerentur miina- rum asseclae veri, quiveid simularuntad tempus : et tria millia saltatricum ne interpellata quidem, cum choris totidemque remanerent magistris." AND ROMAN RHETORIC. 145 operation of external causes. The warriors of the North beheld the dissipation, the profligacy, and the effeminacy of the Romans ; and they, in their ignorance, naturally considered them as the certain consequences of learning. Accordingly, they established institutions as widely differing as possible from those prevalent throughout the empire. If the desire of acquiring knowledge had been as ardent, and the cultivation of literature as vigorous among the Romans, as they were when Greece yielded her freedom to the arms of Rome; the Gothic invaders would, without doubt, have quickly relinquished the sword, and made speedy application towards the acquisition of learning, and the promotion of literature. In the same way did Greece effect an improvement upon the knowledge imparted by Egypt and Phenicia, and the Romans imbibe the learning of the refined Grecians. But literature had arrived at such a state of decrepitude and imbecility, — had sunk to the lowest ebb of debasement, — that it was incapable of affording improvement; — and, as the sword appeared to be the only means of attaining glory, renown, and aggrandizement, the barbarians seized it with the greatest avidity. Besides, we have several examples that the Goths were, when fit opportunities occurred, by no means unwilling to apply themselves to L 146 ON THE GRECIAN SOPHISTRY, literature, or backward in the pursuit of know- ledge. Theodoric, the Ostrogothic monarch of Italy, not only cultivated letters himself, but was anxiously urgent in their recommendation and encouragement among his subjects. He was ever earnest in his endeavours to promote a love of study and the prosecution of let- ters, among the slothful and effeminate Italians. Amalasonta, the daughter of the mighty Theo- doric, was so favourably disposed towards learn- ino-, that she gave her son a liberal education; though by that measure she only raised the con- tempt and disgust of her countrymen. Athalaric, her son, revived the public schools at Rome ; and Theodat, his successor, acquired a great pro- ficiency in the study of the Roman and Grecian lano'uao'es. In France, and in Spain, the bar- barians speedily prosecuted every individual branch of literature. Ireland was, during the seventh and eighth centuries, the most celebrated school of learning ; and England early produced the venerable Bede, and Alcuin, the instructor of the immortal Charlemagne. These examples will sufficiently convince us, that the Gothic mind was not naturally averse to learning. Had letters been in a flourishing condition, the barbarians would, with the greatest assiduity, have laboured at intellectual improvement ; and, without doubt, in consequence of vigorous prosecution, (for AND ROMAN RHETORIC. 147 energy and activity were principal features in their intellectual character), would have quickly arrived at a surprising degree of excellence. But literature had lost all its charms, — all its force, — all its capacity for improvement, — and had sunk into a complete state of inanity. Since the fall of man, knowledge has been slowly progressive, and human genius has been tardy in expansion, and in the acquisition of information. Man has proceeded step by step in the tangled path, and has, at each movement, met with fresh obstacles and unexpected diffi- culties. Discoveries have been of rare occurrence, and have cost the understanding much toil, and time, and diligence, ere success has crowned the most unabating efforts. Thus has one individual forwarded the views of another, — thus have nations improved upon the acquirements of neigh- bouring countries, — and new geniuses have ap- peared in the world to promote further progress, make fresh discoveries, afford to society new views, and give them new directions. Such, indeed, has been man's progress in the unbounded plain of knowledge; and, notwithstanding the immense space already traversed, the distant prospect holds out a smiling invitation to the eye; and regions, lost in the distant horizon, still remain untrodden and unexplored. Thus, then, knowledge has no natural termination, — as water, 148 ON THE GRECIAN SOPHISTRY, which will bsly rise to its level, — but it pro- gressively rises, and increases in excellence. When, however, from any violent cause, an age becomes hostile to learning and science, and in- capable of producing fresh talent, in order to further the scheme of human improvement, the mind cannot remain stationary, but must of necessity retrograde in proportion to its original advancement, from the operating influence of its own inherent imperfections. These are plain and obvious positions* in the philosophy of the human mind, which the slightest observation will authen- ticate, and of which the Grecian and Roman lite- rature will afford a satisfactory exemplification. The Romans had altogether borrowed their literature from the Grecians; so that whatever fluctuations the latter endured, of necessity influ- enced the former. The Roman mind, therefore, could not boast of originality ; and being de- ficient in that particular, improvement became an utter impossibility, and a check was thereby given to the progress of the human mind, and the further expansion of the human intellect. The Latin Classics, although they evince num- berless beauties, although they contain a purity of style, and a charming diction ; although they * Particularly exemplified in the earlier ages. Vide the President Goguet's Origine des Loix, vol. i. AND ROMAN RHETORIC. 149 are complete models for eloquence' and elegance, 4iave, nevertheless, borrowed that very style and diction, that very eloquence and elegance, which have so often raised our admiration, and afforded us pleasure and amusement, from the Grecians. Athens was the school where the Roman youth were almost invariably sent for the purpose of completing their education. Even Cicero com- plains that, in consequence of the Peripatetic philosophy being little known or cultivated at Rome, he was compelled to send his son to obtain instruction in the schools of Greece. The Romans, moreover, paid slight regard to the progress of the sciences. During the period of the republic, they had little leisure or inclination to bestow upon their cultivation; and during the existence of the empire, they were sunk too low in sloth and effeminacy, and consequently totally incapable of mental exertion. Thus Rome was altoe^ether inferior to Greece in intellectual ac- quirements; and when the Grecian literature degenerated, the Roman also underwent a con- siderable diminution, until each became abso- lutely pernicious in its effects upon society. The operating causes of this wonderful change w'ere the Grecian Sophistry, and the Roman Rhetoric. Soon after the period of Homer and Hesiod, a taste for poetry became general among the 150 ON THE GRECIAN SOPHISTRY, Grecians, which gave rise to the Rhapsodists, whose chief employment was to sing hymns and poetical compositions at the celebration of the different games and festivals. These even fomided schools, and gave public instruction; in conse- quence whereof, their scholars being inspired with a sense of awe and admiration, bestowed upon them the denomination of Sophists. To these succeeded the schools of philosophy, of which the Ionic, founded by Thales, the Milesian, was the most ancient. The metaphy- sical doctrines of this teacher are imperfectly known ; but he has acquired a degree of celebrity for his knowledge of geometry and astronomy, in which sciences he received instruction from the priests of Memphis. To this succeeded the establishment of the Italian school by the celebrated Pythagoras. From Egypt and Chaldsea he had obtained a thorough knowledge of the symbolic writings ; and, from the ancient traditions current through- out those countries, had gathered every informa- tion respecting the nature of the gods, the immor- tality of the soul, and the doctrine of metemp-' sychosis. Returning to his native country, he elicited universal admiration for the eleg^ance of his person, the brilliancy of his understanding, and the profundity of his knowledge. The school AND ROMAN RHETORIC. IqI of Pytliagoras has distinguished itself for its proficiency and its discoveries in geometry, astro- nomy, and mathematics. The next in succession was the Eleatic sect, founded by Xenophanes. The metaphysical doc- trines of this philosopher were most wild and incoherent ; inasmuch as he maintained that things had neither beginning nor termination ; and that the perception of any change arose from the state of our own senses, and not from any actual alteration in any object. He was of opinion that the stars were extinguished every morning, and rekindled in the evening; that eclipses origi- nated from the temporal extinction of the sun; that the moon was much larger than the earth; that every climate was attended by its respective sun and moon ; and that the earth was brought into existence by its own self-creating power ! Leucippus, his disciple, however, maintained the doctrines of atoms, and of a vacuum; which were respectively adopted by Democritus and Epicurus. Then arose Socrates, who has been denomi- nated the wisest, the most virtuous, and most celebrated philosopher of antiquity. — I am not inclined to join in all the praise which has been bestowed upon that sage ; but thus far I think, that, actuated by the purest motives, he laboured for the improvement of mankind ; but, led astray 162 ON THE GRECIAN SOPHISTRY, by the blindness, the frailty, and the vanity of human nature, he adopted a plan, which was subsequently productive of the greatest mischief. Of this I shall speak more fully hereafter; at present I will confine myself to the mere expo- sition of the leading doctrines of the several schools of philosophy. Socrates condemned the abstruse researches and metaphysical investigations of his prede- cessors, which he endeavoured altogether to explode, and in their stead to introduce the study of moral philosophy, which would induce man- kind to check their appetites, rectify their pas- sions, and feel an anxiety for the performance of every necessary duty. He acknowledged the free agency of man, the immortality of the soul, and future rewards and punishments; besides the existence of a Supreme Being, the Creator and Director of the universe. He combated the polytheistical superstitions of his countrymen, and propagated a belief in the one true and only God. The Cyrenaic sect adopted the doctrines, and practised the morality of the Socratic school, with moderation and success; but the Cynics carried them to the most laughable extravagance. Virtue, with them, consisted in renouncing all the plea- sures, all the comforts, all the conveniencies of life. They despised riches, and were altogether AND ROMAN RHETORIC. 153 neglectful of their dress, insomuch that they wan- dered from town to town clothed in rags, which scarcely served the purposes of decency. Know- ledge was condemned as useless and inessential, and ignorance considered as alone productive of felicity. The followers of this sect, however, notwithstanding all their alleged sanctity, scru- pled not to gratify their criminal appetites and passions, and give themselves up to every indul- gence. " Nee vero audiendi sunt Cynici, qui reprehendunt et irrident, quod ea, quee re turpia non sint, verbis flagitiosa ducamus ; ilia autem, quge turpia sint, nominibus appellemus suis. Latrocinari, fraudare, adulterare, re turpe est; sed dicitur non obscsene: liberis dare operam, re honestum est, nomine obscagnum : pluraque in eam sententiam ab eisdem contra verecundiam disputantur*." And again, Cicero says, " Cyni- corum vero ratio ejicienda: est enim inimica vere- cundias, sine qua. nihil rectum esse potest, nihil honestum-j-." The Megaric sect invented the logical syllo- gism, and considered the world as eternal. " Then followed the Academic sect, founded by the illustrious Plato. The opinions of this man obtained such celebrity, and inspired such re- spect, that his contemporaries applied to him the *. Cicero de Ofticiis, lib. i. c. 33. f lb. c. '61. 154 ON THE GRECIAN SOPHISTRY, epithet of Divine : and so charming was the melody of his diction, and so beautiful the ele- gance of his expression, that he was universally denominated the Athenian Bee. Cicero was so enchanted and enraptured with the writings of this philosopher, that he has said, " errare me- hercule malo cum Platone, quam cum istis vera sentire." The active mind of Plato was ever employed by the investigation of speculations. He examined things divine as well as human, and not only considered and studied the degree of perfection to which morality and politics could be practically brought by mankind, but he even endeavoured to discover the principles of mystical theogony. He wished to dive into the very depths of nature, and to disclose her most hidden secrets to the eye of man. This philosopher maintained the pre-existence of the human mind, which he considered an emanation from the all-creating Ruler of the universe: and which connexion, by abstracting the soul from all worldly pursuits, and by avoiding all the sins of mortality, might even be increased into a constant intercourse with the Supreme Being. He, however, adopted the phy- sical opinions of Heraclitiis, the metaphysical doctrines of Pythagoras, and the morality of Socrates. Next came the sect of Aristotle; or, as it was denominated, the Peripatetic School of Philoso- AND ROMAN RHETORIC. 155 phy. The founder has been celebrated for his knowledge and his eloquence, for his readiness of thought, and acuteness of invention. He enter- tained no fixed or certain opinion respecting religion, and totally disregarded the mythology of his countrymen. His metaphysical disqui- sitions, on account of their studied brevity of expression, are completely unintelligible, and have occasioned numberless disputes, contradic- tions, and explanations. His physical works evince intense study of nature; and his critical writings display fecundity of imagination, and solidity of judgment. In so authoritative a man- ner were the opinions of Aristotle expressed, that Lord Bacon has quaintly observed, that the phi- losopher was as anxious to establish an empire over the human mind, as Alexander of Macedon, his pupil, was desirous of doing over the nations of the earth. He has acquired great celebrity for his system of logic, and possessed an amazing propensity so to classify and arrange objects as to contract their numbers, and gradually reduce them to as few operating causes as possible. This propensity, though it may afford amuse- ment to the intellectual powers, is, nevertheless, replete with great danger, inasmuch as it totally blinds reason, and leads the mind to the forma- tion of false deductions and erroneous opinions. Pyrrho of Elis established the Sceptical sect. 156 ON THE GRECIAN SOPHISTRY, The disciples of this philosopher maintained uni- versal doubt to be the manifest indication of real wisdom; they remained in continual sus- pense of judgment, never formed any decision, never arrived at any conclusion, but always existed in a state of uncertainty. They boasted a thorough victory over the passions, and affected a total unconcern for all the occurrences of life. They were so regardless of every thing, that they declared there was no difference between life and death. In tranquillity was constituted their sum- mum bonuni, and they inculcated general dis- belief of every opinion. From Zeno originated the celebrated sect of the Stoics. Virtue was the ultimate object of the pursuit of this philosopher. He considered that individual pleasure should be relinquished for the public advantage ; that man was not created for himself alone, but for the benefit of his fellow- creatures. He observed an uniformity and con- nexion in the system of the universe, and per- ceived that thence originated love and affection in private families, and harmony and order in civil society. Serenity of mind, and a perfect indifference to joy or sorrow, happiness or misery, pain or pleasure, wealth or poverty, were espe- cially inculcated, as necessarily conducive to human happiness. Zeno maintained that resig- nation was particularly essential ; and that, in- AND ROMAN RHETORIC. 16/ stead of warding off calamities, men should rather strengthen themselves with fortitude, and bravely meet the impending storm. He affirmed that the Deity, as well as nature, was influenced by fixed and immutable laws ; and, as the human soul was an emanation from the Divinity, it was presump- tuous in man to complain of those necessities to which the all-ruling Power himself was subject. In this summary I shall mention one more school, and that is the Epicurean. The tenets of Epicurus were, that human happiness consists in pleasure, not springing from vicious indulgence, but from the exercise of every virtue. Though this philosopher obtained great reputation by the strictness of his life, and rigidness of his morals, yet his disciples substituted the gratification of appetite for the practice of that virtue, the exer- cise of which he had so strictly enjoined. His followers, indeed, became remarkable for intempe- rance, luxury, profligacy, corruption, and every criminal excess ; and as they were of opinion that the Deity was altogether indifferent to the actions of men, they had no other monitor but their own consciences, and no other guide but their own ideas of right and wrong. I have here enumerated the principal schools of philosophy at Athens: from thence arose many divisions and subdivisions, the description whereof would be tiresome and fatiguing. And what do 158 ON THE GRECIAN SOPHISTRY, these different sects prove? Do they afford proofs of strength of intellect, maturity of judg- ment, brilliancy of imagination, or earnestness in the investigation of truth? No: — they only evince a picture of the fickleness, the instability, the caprice, the imbecility of the human mind. They give examples of the facility with which man can at all times be deceived : — how prone he is to adopt the most absurd errors; — and how stubborn he is in the retention of those erroneous doctrines, when once he has formed an opinion to his own satisfaction. The different philosophers were at continual polemics, were engaged in the most violent hostilities against each other. Every teacher, however, in contradicting the doctrines of his rivals, propagated himself the most extra- vagant theories, which only served to lead the understanding further into the mazes of per- plexity ; stop the advancement of useful know- ledge and information ; and complete the moral and intellectual debasement of their thoughtless and too credulous countrymen. Greece, indeed, was the hot-bed exactly suited to the growth of the then existing philosophy, in which it could quickly vegetate and luxuriate. With Greece for the country, and Athens for the particular city, every thing combined, every thing was favourable to give strength to the genius of philosophy. The system of education, adopted by the AND ROMAN RHETORIC. 159 Greeks, possessed the most pernicious tenden- cies. The Athenian youth were first confided to the tuition of the grammarian, (y§a/x/j.aricrTvg); he immediately placed in the hands of his pupils the works of Homer, together with his own com- mentaries, explanations, and criticisms there- upon ; and these were invariably required to be committed to memory. This method of reading works in infancy, which ouo-ht to have been the study of maturer years, did not produce its in- tended effect, — the development of the faculties, and the promotion of the understanding; but was the origin of much mischief, and many serious evils. The youth were next committed to the care of the teacher of music* (KiQcc^io-Tvg). He, indeed, cultivated the imagination, but at the expense of sense. He infused into the mind of * " It appears, indeed, a solecism," as Mr. Mitford ob- serves, " to suppose that tiiose elegant perceptions and nice organs, which gave form to tlie most harmonious language ever spoken among men, and guided invention to the structure of that verse, which, even under the gross disguise of modern pronunciation, is still universally charming ; could have pro- duced, or could have tolerated a vicious or inelegant style of music." To the elegant preliminary discourse prefixed to Mr. Mitchell's translation of Aristophanes, I am indebted for much information respecting the mode of Athenian education. It pos- sesses, in a high degree, beauty of diction, soundness of argu- ment, and strength of judgment, and should be perused by every individual who is interested in Grecian literature. 160 ON THE GRECIAN SOPHISTRY, his scholars a taste ; but it was a false taste, which only weakened the faculties by depriving them of all power of discrimination. From the teacher of music, they were carried to the master of the gymnasium, that he might harden their bodies, — -attemper their minds with courage and resolution, — and give to their limbs a graceful pliability. " When a man," says Plato, " allows music to pipe unto him, and to make use of his ears, like funnels, for the infusion of soft, sweet, and plaintive harmonies ; when he passes his time in the titillations of those soothing enjoy- ments, which song affords, what courage he had in him becomes softened, like iron; and thus losing its hardness, it becomes fitted for the com- merce of life : but, if this delight be pursued im- moderately, — if this iron be put into a state of fusion, the courage gradually melts away, the nerves of the soul are cut out, and a feeble warrior is the result of such a system of conduct. In a person naturally feeble, this result w ould be more speedy in taking place : in one of a naturally courageous soul, nature being weakened and ren- dered easy to be thrown off its balance, the least things irritate and soothe him; and, instead of being bold and resolute, such a person becomes passionate, morose, full of fantasies, and a trouble- some fastidiousness. Again, if a person give him- self up to the labours of the gymnasium, and to AND ROMAN RHETORIC. 161 feasts, without attention to music or philosophy, such a man becomes filled with high thoughts and courage, and exceeds himself in bravery; but, if he do nothing else, — if he have no communi- cation with the Muses, even though there had been originally a love of learning in his mind; yet, without tasting of that instruction which is gained by application, by inquiry, and conversa- tion, he becomes weak and deaf, and blind, like a man that is never awakened, nor nourished, nor that has his feelings purified. Such a man be- comes a hater of conversation, and averse from the Muses : in his language he uses no persuasion, — he does every thing like a beast, by force and ferocity, — and he lives in ignorance and rude- ness, without any accompaniment of grace or politeness *." I have made this long quotation merely to show the sentiments entertained by the ancients respecting music and the gymnastic exer- cises. The next removal of the youth was to the sophist, or philosopher, whose care was extended to the intellectual endowments, and who pro- fessed to give the mind and character the last polish of education. The doctrine inculcated by these sophists into the mind of the youth intrusted to* their charge, was of the most deadly nature. They promised, * Plato, De Repub. lib. iii. See Mitxihell's Aristophanes. M 162 ON THE GRECIAN SOPHISTRY, for a proper pecuniary compensation, to impart that knowledge which could easily confound virtue and vice, and make the worse appear the better cause. They taught, that nothing pos- sessed an actual substance, but that every thing in nature had an existence only in the opinion of persons : " That heat was no more heat than cold ; white not more white than its opposite ; knowledge, nothing more than sensation ; man, the measure of all things, of things existing as they are, and of things non-existing as they are not, and all things are true. For every one enter- tains thought according to the impression made upon him ; impressions were made by what was in motion ; motion was created by agency ; agency could proceed only from the things which are, and the things which are, must be true *." They, moreover, affirmed, that of all acquisitions, elo- quence was the most noble in its nature, — that eloquence, which could rob the soul of its facul- ties, charm the senses, and sway the most rugged feelings. They maintained, that might consti- tuted right, — that virtue and true happiness were alone centered in intemperance and excess, — that the greatest blessing was the power of committing an injury wath impunity, — and the greatest misery, lack of opportunity to revenge * Mitchell's Aristophanes. AND ROMAN RHETORIC. 163 an aftront. Such were some of the many leading doctrines of the sophists, which, scattered pro- fusely among the young and thoughtless Athe- nians^ who were destitute of steadiness of prin- ciples in consequence of their bad education, were calculated for their ruin and destruction. Physical and metaphysical knowledge was also a parti- cular object of inquiry among the sophists : the most strange speculations interested their imagi- nations, and the wildest and most fanciful theories were quickly framed by them. The veriest trifles in their eyes were possessed of sufficient import- ance to occasion long and violent disputations ; and, notwithstanding the absurdity of the subject in question, the verbal combat was carried on with pertinacious loquacity. To them may be applied, without the shghtest exaggeration or the least deviation from truth, the following observa- tions of the philosophic Plato. " It is as easy to talk with madmen, as it is with them. Their writings have nothing steady in them : all are in a state of perpetual motion. As for a pause in disputation, and interrogation, or a quiet ques- tion or answer, it is a chance infinitely less than nothing, that you get such a thing from them. For their minds are in a perpetual state of rest- lessness ; and woe to him that \nits a question to them! Instantly comes a flight of enigmatical 164 ON THE GKECIAN SOPHISTRY, little words, like arrows from a quiver ; and, if you ask a reason of this assault, the result is another discharge, with merely a change of names. There is no doing any thing with a single one of them : and they are just as untractable among one another; their only concern being, as it should seem, that nothing fixed or stable should appear either in their language or in their minds*"." Every occurrence, — every appearance in nature, — every phenomenon, — every passion, — every appetite, — every wish engendered in the mind, created dispute, and ended in controversy. " What is God ?" asked the philosophers. " He is the most ancient of all thing-s, for he is without be- ginning, said Thales ; — he is air, said Anaxi- menes ; — he is a pure mind, said Anaxagoras ; — he is air and mind, said Archelaus ; — he is mind in a spherical form, said Democritus; — he is a monad, and the principle of good, said Pythagoras ; — he is an eternal circular fire, said Heraclitus ; — he is the finite and unmeasurgible principle in a spherical form, said Parmenides ; — he is one and every thing, said Melissus and * Platonis Theatetus. — Mitchell. Having examined all the quotations in Mr. Mitchell's introductory discourse with the originals, I have found them altogether correct, independently oftlie free and fluent translations in which Mr. M. has clothed the language of his authorities. AND ROMAN RHETORIC. 165 Zenoii*." Tlius did these men argue on every subject, and thus did they propound every ques- tion, and so satisfactory was the conclusion drawn from their arguments. The universe, — the sun, — the moon, — the stars, — air, earth, water, fire, every object which met their views, or attracted their attention, was a fit subject for speculation. " Our passion for disputation," says the philosopher already so largely quoted, ** upon subjects of this kind, has something in it which is beyond the reach of decay or mortality. No sooner does one of our young men get a taste of it, than he feels delighted, as if he had dis- covered a treasure of wisdom. Carried away by a pleasure that amounts to madness, he finds a subject of dispute in every thing that occurs. At one time, both sides of the subject are considered and reduced to one. At another, the subject is analyzed and split into parts : himself becomes the first and pi'incipal victim of his own doubts and difficulties : his neighbour, whether junior, senior, or equal, no matter which, is the next sufferer; he spares not father, nor mother, nor any one, who will give him the loan of his ears ; scarcely animals escape him, and much less his fellow-creatures ; even the foreigner has no se- curity, but the want of an interpreter at hand to * Mitchell. 166 ON THE GRECIAN SOPHISTRY, go between them *." Every one accordingly appears to be incited by disputatious propen- sities ; which, like the plague, had communi- cated its deadly infection in all quarters. The case of the Athenians may be exactly assimi- lated to that of Gil Bias. " I was so much in love with dispute," (quoth the renowned hero of Santillane, while a student at Oviedo), " that I stopped passengers, known or unknown, and pro- posed arguments to them ; and sometimes meet- ing with Hibernian geniuses, who were very glad of the occasion, it was a good jest to see us dis- pute : by our extravagant gestures, grimace, con- tortions, our eyes full of fury, and our mouths full of foam, one would have taken us for bedlam- ites rather than philosophers." The sophists may be likened to so many Quixotes, who, armed at all points, traversed the field of contention, ready to combat the first opponent, who was suf- ficiently presumptuous to cross their path ; and, sometimes their senses so far evaporated, that they were led astray, like the doughty knight of La Mancha, when he attacked the windmills. Athens was soon filled with philosophers, and sophistry became the fashion of the day. The noblest youths in the city were proud of swelling the train and retinue of these teachers, who pro- • Platonib Phileleus. — Mitchell. And ROMAN RHETORIC. 167 fessedan intimate acquaintance with every species of knowledge. The philosophical mania became universal. Immense sums of money were squan- dered away among these retailers of wisdom, who undertook, in the short space of two or three months, to make their pupils as clever, and as well informed, as their right worshipful masters. The example of Pericles had also rendered politi- cal eloquence fashionable. The sophists were, therefore, required to teach the Athenians the art of discussion and debate, and consequently of quibbling ; and, when engaged in the examina- tion of any question, they heeded little the real situation of the subject, but only endeavoured to make their own positions appear plausible and true. Their pupils, who considered themselves embryo statesmen, and who acted the parts of political coxcombs, early endeavoured to distin- guish themselves in the general assembly and in the courts of justice. They have been ridiculed by Aristophanes, in his comedy of the Dema- gogues; and Mr. Mitchell has given a very spirited translation of the passage. " Demus. I'll have no speeches in the Agora, From those whose chins have not yet budded. Agoracrilus. Clisthenes And Straton, then, must use despjitch, and straight Look out another school of oratory. 168 ON THE GRECIAN SOPHISTRY, Demus. My meaning rather points to those same sparks, For ever haunting the perfumers' shops, Who sit and chatter to this tune. Commend me (mimicking) To Phceax — swinge me! 'tis a man of parts, — Vers'd in all school points most divinely; — none Takes firmer hold upon his hearer, — split me! And then such art in hammering his sentiments; So clear, so powerful to sway the passions ! He'll take them in their highest storms and butFetings, And — stop my vitals — lay them in a moment. Agoracri. (mimicking.) A rape ! a rape ! thou'rt gone, thou'rt lost, — this phrase maker Hath ta'en thy very senses, — split my wind-pipe !" I must confess that the sketch which I have here attempted of the sophistical philosophy of Greece, has been very crude, irregular, and un- satisfactory : but even from the preceding state- ments, some slight idea may be formed, which may convince the reader of its evil tendency and demoralizing influence. The progress of sophistry, although it was impossible to have altogether stopped it, still might have been greatly impeded and retarded, had Socrates, Aristotle, and others of standard abilities, lent their kindly assistance. But they, alas ! made no resistance, and tamely suffered themselves to be carried along the swiftly rolling stream, unconscious indeed where it might bear them. Although the former declared him- self an enemy to the sophists, yet he nevertheless AND ROMAiN RHETORIC. 169 regularly attended their schools ; and, though he professed to do so for the express purpose of combating their doctrines, and exploding their philosophy, still it was for evincing his own knowledge, and for the estabhshment of his own opinions. He had, moreover, given himself to physical researches, and was devoted to philo- sophical discussion. He was, in short, the great logomachist of the age. To propose questions, and produce explications 5 to convince, or be con- vinced, were, in his opinion, the grand purposes of human life. He was fond of argument, and delishted in confounding the senses of his audi- tors. He would, after reasoning upon one side of a question, relinquish it ; and, taking up the opposite, would himself endeavour to confute his former arguments, and destroy his former propo- sitions. We may be enabled to form a just esti- mate of the character of Socrates, by considering Cicero's opinion respecting that philosopher, when from him the orator deduces the Academical sect, always arguing, and nev^er deciding : " Profecta a Socrate, repetita ab Arcesila, confirmata a Car- neade." And it is well known, that an universal suspension of assent was a leading feature in the doctrines of that school. I say school, because, althouoh there was a difference, inasmuch as those philosophers founded three several acade- mies, the ancient, the middle, and the new ; still. 170 ON THE GRECIAN SOPHISTRY, the difference was merely nominal ; and the pre- vailing tenets, throughout the whole, were with- out any material variance. Socrates is, therefore, to be distinguished for intellectual ingenuity. Subtlety of discussion was in his eyes as im- portant as soundness of judgment, or even clear- ness of comprehension. To him succeeded Aristotle, who also sought every opportunity of engaging in argument and controversy. He altered the prose dialogue of Plato, and gave his reasonings that syllogistic form, which only served to render intellectual debate more acrimonious and inveterate, and filled Greece with loud wranglers, and noisy dis- putants. Each sect was, after that period, en- gaged in ceaseless contentions. They endea- voured to confute the doctrines of all others, but continued to advance the most absurd and futile positions themselves. The investigation of truth was altogether disregarded, and their only anxiety was to overcome every competitor, who professed hardihood sufficient to appear in the field of con- tention. The three hundred opinions respecting happiness, maintained by the various philosophi- cal sectaries in Greece, will sufficiently evince the disputatious principle by which they were actuated. " If philosophy," says a writer*, " con- * Masimus Tyrius. AND ROMAN RHETORIC. 171 sist in appellations and invention of phrase, in disputatious debate, and sophism, it is not dif- ficult to procure a teacher. Every thing among us is replete with sophistry. It is an advantageous and flourishing profession, as is evident to the understanding of every individual." What, then, could possibly result from such a system of edu- cation? Could the promotion of learning, the circulation of the sciences, or the love of the liberal arts? Alas, not so! but, in their stead, scepticism, and ignorance, and falsehood, and profligacy, and every pernicious and deadly evil. I have endeavoured at some length to state the nature of the Grecian sophistry and its evil ten- dency, and shall now proceed to the considera- tion of the Roman rhetoric, which on examina- tion will be found to have been as baleful in its influence as it was pernicious in its consequences. I have before mentioned that the existence of the Roman literature in its full vigour, from the period of Ennius to the time of Quintilian, was scarcely three hundred years. The increasing vices of the ages subsequent to the last-mentioned writer, had enervated the active powers of the mind, and perverted the strength of thought and solidity of judgment for which the Augustan classics have been so justly celebrated. The author of the Dialogue " de Oratoribus" complains of the dete- rioration and degeneracy of literature in his days; and in his twenty-eighth section has fully de- 172 ON THE GRECIAN SOPHISTRY, scribed the progress of education among the Romans. Ammianus Marcellinus, the finest and most celebrated writer of the age in which he lived, is himself a sad example of the decline of letters. In consequence of the peculiar nature of her civil institutions. Oratory quickly became a pro- minent feature in the Roman education. Nothing appeared to require so much strength and energy of mind, so great talents and capacity, as pro- ficiency in eloquence. Those who will peruse Cicero's Treatise " de Oratore," will be convinced of the truth of the above assertion, for his requi- sites for an orator surpass human capability to acquire. Even Quintilian urges the necessity of a familiar acquaintance with logic, ethics, natural philosophy, law, history, music, and geo- metry, before a person could appear in public with any degree of credit. Rome has fur- nished a long catalogue of persons, who obtained celebrity for their eloquence. But none acquired so much fame as Cicero, who was universally acknowledged by his contemporaries to have surpassed any speaker who had ever appeared in the city. We may, then, form some idea of the great thirst for oratorical reputation among the Romans, when even that great genius, that famous speaker, thus expresses his sentiments: — " Ita sunt avid-ce et capaces mea aures, et semper ali- quid immensum infinitumque desiderant." AND ROMAN RHETORIC. 173 But when the Roman mind was perverted, when it became enervated with luxury and profligacy, it was then totally incapable of evincing that power of intellect, that strength of judgment, that solidity of thought, which are absolutely requisite for the acquisition of oratory in its noble and more elevated condition. Accordingly the orator soon dwindled into the mere rhetorician. Words instead of matter, euphony instead of sense, beau- tiful cadences instead of plain, forcible expres- sions, became the great desiderata among the effeminate Romans. Truth gave place to delu- sion, knowledoe to sound, solid reasonino- to declamation and bombastical expressions. The substance was gone, but the shadow still remained. This was not, however, the last stage of corrup- tion at which the mind was destined to arrive : but when the Grecian sophistry became combined with the Roman rhetoric, the chalice of mental degradation was replete, even to overflowing. It was as the Upas, which spreads its branches far and wide, casting around a sombre gloom, and the juice whereof is deadly poison; or as the Tor- pedo, which, when touched, sends an instantane- ous numbness through every limb, depriving the body of all power of motion. Literary polemics and intellectual disputations constituted the plea- sure of the philosophers. They used high sound- ing phrases, and empty declamations, without 174 ON THE GRECIAN SOPHISTRY, once considering of language, whereby they might clearly and forcibly convey to the minds of their adversaries the nature of their arouments. The times of Socrates and Protagoras, of Polus and Prodicus, of Gorgias and the Sophists, again revived with all the bitterness and acrimony of contention. The followers of Aristippus main- tained the benetits arising from sensual indul- gence ; and those of Epicurus, atheism and ma- terialism; the follovvers of Pyrrho inculcated universal doubt; and those of Plato equally argued upon either side of a question: the Pe- ripatetics on every occasion flourished aloft their logical syllogisms; the Stoics endeavoured to prove that perfect indifference to all the concerns of life was the true indication of real wisdom ; and the Eclectics strove to unite the discordant opinions of the various sectaries. The logical and metaphysical works of Ammo- nius, Plotinus, lamblichus and Porphyry, and the public edicts penned by Cassiodorus, the prime minister of Theodoric, sufficiently evince the great influence which the love of sophistry and rhetoric had acquired over the public mind. The names which I have just mentioned ranked foremost among the philosophers during the age in which they lived ; and if they would be guilty of using such high-flown expressions, such high-sounding phrases, such egotism, such verbosity, and bom- AND ROMAN RHETORIC, 175 bastical declamation, as are to be found in their works, we cannot entertain a very high opinion of the intellectual attainments of that age, nor of that people, who could tamely suffer themselves to be deluded by such flimsy ingenuity. Thus sophistical rhetoric (if I may be allowed that phrase) became the fashion of the day. Instead of attending to the sense, and endeavour- ing to tind the beauty of expression of the several authors, the Romans only tried to discover the tropes and figures, the investigation of which they made an elaborate study, and gave them, when discovered, the most fantastical denominations. The following are some of the names : — Diozeug- raenon, homseoptoton, isocolon, synathoesmus, paradiastole, prosapodasis, anaclasis, polyptoton, epanalepsis, polysyndeton, anancseon, brachye- pia, chleuasmus, charientismus, asteismus, diasyr- mus, exetheuismus, and many others, too tedious to particularize. The works written upon this subject are nearly as multitudinous. To mention only a few : besides the treatise of Rutilius Rufus concerning the figures of eloquence, there is " Aquila Romanus de Figuris," and the " Artis Rhetoricge Scholicse" of Curius Fortunatianus ; the " Institutiones Oratoriae" of Sulpitius Victor; and the "Treatise de Ethopoeia ac loco Com- muni," written by Emporius; and, among many others, the " Principia Rhetorica" of Aurelius 176 ON THE GRECIAN SOPHISTRY, Augustinus; the " Syntomata Rhetorica," by Julius Severianus ; and the " De Praeexcitamentis Rhetoricae," by Priscian. The influence * of rhetoric by such means became universal, and a desire of its acquisition was very great and unceasing. But rhetoric was not confined within the pre- cincts of the empire ; it spread its baleful influ- ence even further, and attacked the Gothic nations in Spain, and the Saxons in England. Isidore, in the former country; and in the latter Bede, Alcuin, * Walter Mapes was aware of the pernicious consequences resulting from a rhetorical education, and he dealt largely in good-humoured satire. The following is his criticism of the ancient authors :—- " Hie Priscianus est dans palmis verbera; Est Aristotelis verberans acra ; Verborum Tullius deniulcet aspera ; Fert Ptolomeus se totum in sidera ; Tractat Boetius innumerabilia ; Metitur Euclides locorum spatia; Frequens Pytha^^oras pulsat febrilia, Traxit a malleo vocum primordia ; Lucanum video ducem bellantium, Formantem aerias muscas Virgilium, Pascentem fabulis turbas Ovidium : Nudantem satiros dicaces Persium ; Incomparabilis est Statins static, Cujus detinuit res comparatio; Saltat Terentius plebeius ystro." AND ROMAN RHETORIC. 177 and more especially Aldhelm, besides the Anglo- Norman monks, are to be distinguished for their sophistry and rhetorical spirit. Such is a brief sketch of the progress and influence of the Grecian sophistry and Roman rhetoric. We cannot, therefore, be astonished that, under their deteriorating influence, the Grecian and Roman literature should have become weakened, and dwindled into a state of listless- ness, dotage, and inanity ; that they should have sunk under their own weight; that they should have been rendered incapable of affording im- provement or instruction ; that they should have been totally disregarded by the barbarian powers that invaded and overturned the fabric of the Roman empire. N ON THE FEMALE CHARACTER. " Oh woman, lovely woman I nature form'd tliee To temper man: we had been brutes witliout thee." Ottvay- Addison has written an admirable paper re- specting Salamanders. " They are," says he, " heroines in chastity, that tread upon fire, and live in the midst of flames, without being hurt. They know no distinction of sex in those with whom they converse, — grow familiar with a stranger at first sight, — and are not so narrow- spirited, as to observe, whether the persons they talk to, be in breeches or petticoats." Such is his description of Salamanders, and I am sorry to see a numerous class of the above-mentioned persons holding a situation in English society. There has of late appeared a prevalent desire of introducing French breeding and French man- ners into this island. The looseness, the profli- gacy, and, I may sayt the immorality of the 180 ON THE FEMALE CHARACTER. French, are ill suited to the English nation ; but an attempt has been made, and a partial success has been the consequence. Young men have been sent over to France for the purpose of finishing their education ; that, by mixing in French society, they may be enabled to soften and ameliorate the native asperity of the English character. Young women, to the shame of their parents be it spoken, have been delivered over to the tuition of French teachers, and sent to the Continent with the like intention. There, even before they have begun to judge for themselves, and form just estimates of men and things, they have beheld, practised, and admired, the manners and breeding of the French nation ; and they have returned to England, Frenchified in their notions, habits, and mode of life. I do not here mean to insinuate, that sending them to France is improper ; but only, that they should remain in England until they have arrived at a proper state of maturity, both in body and mind ; and then real improvement would be the conse- quence of foreign travel*. The looseness of manners among the French * " My Italian master told nie, that througliout all Italy, (and it may be added throughout all France), people of good society(io«fo>t)aretotally without religion," — Scott's Skelches of Manners, ^c, in France, Italy, and Switzerland. ON THE FEMALE CHARACTER. 181 is occasioned by a delusive mode of thinking and reasoning*. Thus, only to confine myself to the economy of their own habitations ; the lady will admit visitors into her bed-room, and go through the whole routine and ceremony of re- ceiving morning calls, before she i« out of her bed. She will dress herself behind the curtain, while the gentleman is sitting in the room, and can plainly distinguish her every movement. The women are so far dead to every sense of decency and decorum, — dead to shame, — dead to mo- desty. The fashion among the French is, that the ladies and gentlemen should not separate after dinner, as among the English : the females remain to take a free and unrestrained share in the conversation. Licentiousness and grossness have no effect in the separation of the sexes. This custom of itself naturally indicates, that the morals are loose and lax, and require some cer- tain modifications ; at least, they are not suited for the English, especially boarding-school misses, and boys in their teens. *' The French," says the late Mr. Scott, in his Visit to Paris, " are a clever people, — they are an active people, — they are a gay people ; -— but they are not deep or sound thinkers, — they do not feel virtuously, or permanently, or kindly, — * Vide Scott's Visit to Paris. 182 ON THE FEMALE CHARACTER. they have no native reUsh for the charms of nature, — the shallow sophistications, and thea- trical forms of artificial systems, are their favour- ites, — they can see nothing but simple facts, — they cannot detect causes, consequences, or con- nexions, — and, what is worst of all, their actions ai*e not indexes to their hearts." The greatest ornament in the female character is that modesty and delicacy, which endeavours to avoid the public eye, and is suffused with blushes at the admiration it unwittingly occa- sions. I would not wish my readers to under- stand by this, that females should be insensible to applause ; but only that a due observance of caution is absolutely necessary. Applause is j ] dangerous, especially to minds which are not rightly attempered : it dazzles the eyes, and stupifies the senses, and ravishes the heart. It may be assimilated to laudanum ; a small quantity is useful and serviceable, an over-dose produc- tive of the most fatal consequences. Some persons, who have imagined themselves in possession of more real philosophy than their neighbours, have, wittily in their own estima- tions, asked, why should females, who are not aware of having committed any thing wrong, blush? Why should this manifest indication of guilt appear in the countenance, when the thoughts are pure, and the heart innocent ? But, ON THE FEMALE CHARACTER. 183 by what argument, by what reasoning, have they arrived at this conclusion ? Instead of being the attendant upon guilt, blushing is the companion of innocence : it is alone produced by the " Mens sibi conscia recti." It is the demonstrative feature of sensibility and susceptibility of mind ; and, in my humble esti- mation, when a female, however lovely, ceases to blush, she immediately loses her most powerful attraction. Instead of this, what is the general behaviour at present observed by females*? A confident ease, — an unabashed countenance, — a pertness of speech, — an obtrusive familiarity, are univer- sally manifest. Coquetry and flirtation seem, in a great measure, to be the order of the day ; and that sterling modesty, which once characterized the women of England, is quickly evaporating. Openness, frankness, and a candid disposition, are real ornaments to the female sex; but even these qualities should be kept within prescribed limits ; which, when exceeded, must of necessity offend every liberal-minded man. " Est modus in rebus, sunt certi denique fines, Quos ultra citraque nequit consistere rectum." * This has reference only to the introduction of French fashions. 184 ON THE FEMALE CHARACTER. Men sometimes endeavour to persuade females, that excess in frankness and candour is an utter impossibility. They have even laughed at and praised indelicacy of expression, as betokening the above qualities : but a moment's reflection would immediately point out the fallacy and the gross impropriety of these assertions. However diverted men may appear at the moment, yet, subsequently, such behaviour must raise their thorough contempt. " No man but a brute or a fool," says an elegant writer, " will insult a woman with conversation which he sees gives her pain ; nor will he dare to do it if she resent the injury with becoming contempt. There is a dig- nity in conscious virtue, which is able to awe the most shameless and abandoned of men." Fulvia is a female, who is neither possessed of beauty, fortune, nor accomplishments, but enter- tains a great opinion of her own personal attrac- tions. She wears a wig, with curls hanging in rich and clustering luxuriance adown her neck ; — has grey eyes and black eyebrows; long, sharp- pointed, and skinny nose ; shrivelled cheeks, rusty teeth, and thin chin, between which and the nose there appears to exist so warm a sympathy, that they seem to mourn their separation, and are desperately striving to form a junction; all which, added to a natural Grecian stoop to her back, give her a formidable appearance. She is almost ON THE FEMALE CHARACTER. 185 a second Will Wastle's wife, and yet she fancies herself " a person to be loved." This creature is husband-sick, and has endeavoured to entrap several young fellows, who, fortunately for them- selves, have escaped her wiles, and withstood her allurements. For a husband she would give any thing. She has thrown herself purposely into the way of several youths, and with some has entered into an epistolary correspondence. She is ever arrayed in all the charms of painted loveliness and of dress; and, like a couching tigress, is ever ready to pounce upon her unsuspecting prey. She has laughed, and romped, and ogled, and coquetted ; she has answered sigh with sigh, and look with look ; offered her hand to be pressed, and her cheek to be kissed a thousand times ; but, poor hapless maiden! every effort has proved unsuccessful. Yet she fancies herself beautiful and accomplished, imagines herself the very pink of politeness, and prides herself on her elegance in dress. Belinda Nettletop is ever gay and lovely. Her darling object is to inspire every man who beholds her with secret admiration, and inflame his heart with latent love. Her conversation is fascinating, her manners elegant, her disposition (apparently) frank, candid, and generous. A bewitching art- lessness appears in evesy look and every motion ; but when she has excited the admiration, and 186 ON THE FEMALE CHARACTER. obtained the love of her victim, then, flushed with conquest, and the satisfaction of having added another name to the extended catalogue of her lovers, she is perfectly satisfied, and turns her attention, and points her attraction towards ano- ther object. " Simplex muiiditiis! Heu, quoties fidem Mutatosque Deos flehit, et aspera Nigris aequora ventis Emirabitur insolens. Qui nunc te fruitur credulus aure& ! Qui semper vacuam, scraper amabilem Sperat, nescius aurs Fallacis? miseri quibus Intentata nites." Every theatre, and every street in this large metropoUs, exemplify the ravages which men have committed on the fairer portion of the crea- tion. Thousands and thousands have been ruined by having too implicitly relied on the honour of the male sex ; who, having had nothing in view but the mere gratification of sensuality, have committed numberless perjuries and acts of per- fidy, and have finally triumphed, leaving their hapless victims in the lowest state of ruin, infamy, and degradation. " Trust not a man ; we are by nature false, Dissembling, subtle, cruel, and inconstant; When a man talks of love, with caution trust him ; But if he swears, he'll certainly deceive thee." MARRIAGE AND CONSTANCY. " Felices ter ct amplius Quos iriupta tenet copula, nee malis Diviilsus queiimoniis, Suprema citins solvet amor die." Horace. " But women, charming women, prove The sweet varieties of love ; They can lov^ all, but none too dearly; Tbeir husbands too — but not sincerely. " They'll love a thing, whose outward shape Marks him twin brother to an ape ; They'll take a miser, for his riches. And wed a beggar without breeches. " Marry, as i f in love with ruin, A gamester, to (heir sure undoing; A drunkard, raving, swearing, storming. For the dear pleasure of reforming. " They'll wed a lord, whose breath shall falter WTiilst he is crawling from the altar; What is there women will not do. When they love man, — and money too?" Cumberland. Marriage is an engagement entered into between the sexes, and has for its immediate end the propagation of the human species*. The natural inclination of men and women towards each other occasions the perpetuation of mankind ; which, originating from two individuals, has, after ages, increased to manyjiiillions, and covered the face of the habitable globe. * Such is Hume's definition of marriage. 188 MARRIAGE AND CONSTANCY. Before the period of the organization and establishment of society, man roamed in lawless freedom over the earth * ; swayed by the violence of every passion, obtaining his livelihood by the mere exercise of animal instinct; and, in his com- merce with the female sex, guided alone by the dictates of brutal appetite. Regardless of every .thing save the gratification of his lustful craving, he seized upon the form that was the fairest to his eyes, and excited his love; and after coha- biting for a space, until satiety had cooled the passion of both, they separated, perhaps never again to meet. " Quos venerein incertam rapientes more feraruin, Viribus editior, ctedebat, ut in grege taurus." *' Like beasts wlio ravish'd the uncertain dame, VVhen, as the stoutest bull commands the rest, The weaker by the stronger was opprest." The children arising from such a casual inter- course would naturally be ignorant of their fa- * " Nam f uit quoddam tempus cum in agris homines passim hestiarum more vagabantur, et sibi victu feriiio vitam propaga- bant; nee ratione animi qiiidquam, sed pleraque viribus cor- poris administrabant. Nondum divin^fi rcligionis, non liu- niani officii ratio colebatur : nemo legitimas videratnuptias : non certos quisquam inspexerat liberas: non jus aquabile quid utilitatis haberet, acceperat. Ita propter errorem, atque insci- tiam, caeca ac temeraria dominatrix animi cupiditas, ad se ex- plendani viribus corporis abutebatur, perniciosissimis satelliti- bus." — Cicero. MARRIAGE AND CONSTANCY. 189 thers; and as they were only acquainted with their mothers, they adopted the appellation of that parent. This method of promiscuous cohabitation must have been, for many very obvious reasons, ex- tremely pernicious and detrimental to society. The disorders thereby occasioned must have been manifold, and too glaring in their nature, and too important in their consequences, to have escaped the observation of the legislator. Order and regu- larity, therefore, were early introduced in the com- merce of the sexes. Certain restrictions were framed, certain rules laid down, and certain laws propagated, for the restraining the impetuous passions, establishing the rights of nature, pro- vidino^ for the maintenance of children, securing a regular succession of subjects to the state, and ensuring order and peace among society. The establishment of laws and regulations relat- ing to marriage are to be traced back to the earliest periods of history. The book of Genesis affords many examples of the great regard and veneration entertained by men for institutions of that nature. It was absolutely necessary for the preservation of the human race. Independ- ently of the sacred writings, very many exemplifi- cations are to be adduced from profane history. The Egyptians, the Assyrians, the Chinese, the Greeks, the Persians, and various other nations. 190 MAilftlAGE AND CONSTANCY. all attribute the regulations relatino- to the inatri- monial union to their oldest sovereigns. Indeed it must have been one of the first objects to have excited the attention, and occupied the vigilance, and engrossed the thoughts of the most ancient legislators. They must naturally have striven, by every means in their power, to have promoted the adoption, and forwarded the encouragement, of this most useful institution ; and they denounced the most severe punishments against those who should fail in the performance of the matrimonial vows, and burst asunder the conjugal bands. Having thvis far proceeded in my premises con- cerning marriage, I shall now descend to speak of particular nations. On a certain day in every year all the marriage- able virgins in Assyria were collected into one spot. The attendance of the public crier was then desired, who was commanded to put each individual up to sale, one after another, in regular rotation. Those whom nature had blessed with a beautiful face and handsome person, in conse- quence of the competition excited among the buyers, — something similar to what we see in our sale rooms when a beautiful collection of china is put up by the auctioneer — were sure to bring extravagant prices. The sums received for those Jots were reserved as a portion for all those to whom nature had not been so partial and MARRIAGE AND CONSTANCY. 191 bountiful. They were then again presented by the crier to the pubhc inspection, who demanded to be informed if any individual present would take such a damsel with such a sum. Here, then, again was a competition, to know who would take her for the lowest sum*. In consequence of this most wise and sagacious plan, all the maidens in the country were provided with hus- bands. And I think it is Pomponius Mela who gives us instances of the adoption of this measure in other countries. Menes, the first supposed sovereign of Egypt, is reported to have established the laws relating to marriage. Among this people there is a mate- rial variance observable respecting matrimony: whereas it was almost the universal custom in other countries for the husband to purchase his wife ; here the father gave his daughter a portion * This reminds me of the measures resorted to in some of the country parishes in England, with respect to marriages. When a young fellow has been too intimate with a girl, and she evinces signs of pregnancy, it has been usual to give hira a few guineas as a douceur, in order to persuade him to marry her. I was present at a marriage of this description, when the sum agreed upon was two guineas. When the clergyman proposed to him the question, " Wilt thou have this woman for thy wedded wife }" he answered, with great readiness, " Not be- fore I get my two guineas." Nor could they obtain the pro- per response until the cash was bona fide paid to him. 192 MARRIAGE AND CONSTANCY. adequate to his rank and condition. Polygamy was strictly forbidden by the law; and adultery punished with the most unrelenting severity. The man, when found guilty of that heinous crime, received a thousand stripes; and the w^oman was doomed to lose her nose, as a palpable and a lasting mark of disgrace. Helius, the son. of Vulcan, is said to have been the author of the last- mentioned law. During the period of the Heleni, and the barba- rous and wandering tribes in Greece, who are sup- posed to have been the first inhabitants of that coun- try, society existed in its extremest state of fero- city. No bounds were prescribed to the passions, no laws v/ere framed to check the lustful appetites : accordingly intermixture with the female sex was free and unrestrained. But when Cecrops, with his colony, landed in Greece, he beheld the barbarism of the Aborigines, induced them to relinquish their savage mamier of living, to con- gregate together, to build towns, and finally to adopt the laws concerning marriage which he framed and propagated. He quickly convinced them that a proper and decorous conjunction of the sexes was beneficial to society, and that poly- gamy was injurious and'detrimental to the com- monwealth. The Greeks, subsequently to this period, became so scrupulous in their observance MARRIAGE AND CONSTANCY. 193 of the matrimonial regulation, and so attached to conjugal union with one* individual, that for upwards of two hundred and thirty years after the reign of Cecr.ops, widows would never contract a second marriage. The name of her who, re- gardless of this custom, married a second hus- band, has been given us by the mythologists. Gorgophone, the daughter of Perseus and Andro- meda, after the death of her first husband, Perieres, King of Messenia, re-entered the matrimonial condition, by marrying CEbalus, King of Sparta. This circumstance has been mentioned both by Pausanias and Apollodorus. In Greece, whoever was desirous of entering the marriage state, was compelled to purchase his wife, by services which he did, or presents which he made, to the father. The consent of the girl was entirely out of the question. The parents of the children managed all these concerns, in which * Thoiigli tlie general acceptation of the term marriage was conceived to be the union of one man with one woman, yet we have some few instances of polygamy in Greece. When Hero- dotus mentions Anaxandrides, King of Sparta, as having two wives, he qualifies it by saying that the custom was not tole- rated in the country. In this the other Grecian cities coin- cided with the Lacedaemonians ; but even among them there are to he found some exceptions ; as, for instance, when the greater part of the men in any state had been destroyed by war, or other contingencies, polygamy was allowed, for the purpose of replenishing the number of males. O 194 MARRIAGE AND CONSTANCY. the latter had no manner of influence * whatso- ever. Thus Simo, in the " Andrian" of Terence, speaks after this fashion: — " Hac fama impulsus Chreraes Ultro ad rae veuit, unicam gnatara suain Cum dote suinma filio uxorem ut daret ; Placuit; dcspondi; hie nuptiis dictus est dies.'' Laws were established to compel the men to marry at a particular age ; and those who failed in their due observance of this regulation, were punished with the utmost severity. Thus in Sparta, whoever had not entered the connubial state by the prescribed time, were compelled at a certain season to run round the forum in a state of nudity, and sing a song which excited the laughter, the jeers, and the ridicule of the popu- lace. They were also excluded from beholding the contests of the virgins. The marriageable state of the virgins was when they had completed their fifteenth year ; but men might re-marry at any age. Aristophanes has made allusion to this in * Euripides thus makes Hermione speak : — M£f.jU.vav i'^Ef, Jcoix Ifxiv ^^ovEiv -riJe." Females were on no account allowed to marry without the consent of their parents. Thus Hero tells Leander: — " A/M.<})aSov oil ivva.fjLiO'Qa yafjioii cktwiXi itlKaas'aiy oil yap l/ocoTf TOJthos-tv iinva^iii" MARRIAGE AND CONSTANCY. 195 one of his comedies, where he makes Lysistrate complain of the hard lot of the females, who, if not united in wedlock by a particular period, were obliged to spend their days in celibacy. It was considered most honourable in Greece to be the father of a numerous family. Thus Plutarch has denominated Pelops the most powerful monarch among his contemporaries; not only on account of his wealth, and the extent of his empire, but more especially on account of the number of his children. Thus, for the same rea- sons, was Priam considered among the ancient writers as one of the happiest of mortals. To be destitute of children, was considered by that people one of the severest calamities of human life. Females who died in their virgin state were supposed to have experienced an unhappy lot. Herodotus informs us that Polycrates, King of Samos, being invited to a conference by Orates, governor of Sardis, was desirous of complying with the request. The daughter of the Samian monarch, in consequence of some dreams pre- saging misfortunes from the journey, endea- voured to dissuade her father from undertakino; it. Polycrates, angry at the remonstrances of his daughter, threatened, by way of punishment, to make her lead a life of celibacy, if he returned in safety ; but she, still uifdaunted by his menaces, persisted in her entreaties, preferring the disgrace 196 MARRIAGE AND CONSTANCY. of a single life to the loss of her father. But he, stubborn to his resolution, proceeded to the city of Magnesia on the Mseander, and was shamefully murdered by the envious viceroy. And Electra thus bewails her unmarried and childless fate : — " OXSiof, ov a, xXEiva rS TTOTE Mujoivaioiv ^E^ETai EiiTrarpiJav, Aiof ivip^an Brifxan jttoXovTtt ravSe yav 'OgEc-Tttv, ov eyiuy' aKa/xara TaXaiv' aw[X