Ex Libris C. K. OGDEN THE POLITICIAN'S CREED; O R, POLITICAL EXTRACTS: BEING AN ANSWER TO THESE QUESTIONS, What is the beft Form of Government? AN D W^hat is the bejl Admmtftration of a Government ? BY A LOVER OF SOCIAL ORDER. { -X>^ vo _iiJ- _ s __ ai __ There are three things which every one prefuraes to know, whether he has ftudicd them or not, viz. MEDICINE, POLITICS, and THE ART OP MENDING A DULL FIRE. DR. BEDDOES. LONDON: Printed for ROBINSONS, Paternofter-Row ; T. Cox, St. Thomas's-ftrcet, Borough; DILLY in the Poultry ; MURRAY and HIGHLF.Y, Flcet- ftrect 3 RICHARDSON* Cornhill ; WHITE, Fleet-ftreet ; BECKF.T, and* EDWARDS, Pall Mall; HOOKHAM and CARPENTER, Bond-ftreet ; and H. D. SYMONDS,* No. 20, Faternofter-Row. J799. DEDICATION. TO WILLIAM WILBERFORCE, ESQ. M.P. SIR, Mr defign in thefe POLITICAL EXTRACTS, is impartially te inveftigate the ad- vantages and difadvantages of the different forms of Government, which have prevailed previous to the e/lab'ijhment of our prejent HAPPY CON- STITUTION i and to allege arguments, drawn from the beft authorities, for giving a preference to OUR MIXED FORM, as being moft favourable to the freedom and permanent happmefs of the governed, and, I trdft, that my conclufions will appear to you, Sir, and to other minds, equally pure and a .2 , unpre- IV unprejudiced, as the fair and honeft refult of a comprehenfive and liberal inquiry. I have for- born entering, as I had firft intended, into the confideration of the American and French Re- publics ; as the former is an infant ftate, where population and luxury have not yet reached their limits ; and the latter, ftill continuing a ftruggle of contending factions (refembling much the un- happy records of ancient republics), has not, and, perhaps, never will be fettled, and therefore can form no data for reafoning on modern republican- ifm. In the other volumes I have ventured upon a truly fublime fubject, more fuited to talents and virtues, fuch as you are known to poflefs, which is, the management of ajlate, Jo as to produce the great eft general Jecurity and happinefs -, and if, in this arduous attempt, I may have appeared de- ficient, or much to have erred, I truft that the generous heart will excufe my failure, in con- 3 fideration fideration of the motives that have a&uated my conduct in this inquiry ; for I can have no other wifh but that of approving myfelf both a fincere patriot and a good fubjeft. Wifhing you, Sir, every fuccefs in your uniform exertions for the welfare of your country, I have the honour to be, SIR, With the utmoft Efteem, Veneration, and Refpecl, Your obedient humble Servant, &c. &c. Decembtr i, 1798. CONTENTS OF THE FIRST VOLUME. Page Preface xi SECT. I. Paternal Authority ; or, firji Stage of Society i SECT. II. Of the Authority of a Chief over the Members of a Tribe or Village ; or, fecond Stage of Society 14 SECT. III. The Origin of different Kinds of Government ; or, the more advanced Stage of Society 29 SECT. IV. Of the different Species of modern Governments 40 SECT. V. Public Virtue the Support of a DEMOCRACY 53 SECT. VI. Public Virtue is in a lefs Degree ejfintial to an ARIS- TOCRACY 58 SECT. CONTENTS. . SECT. VII. Honour the Stay of MONARCHY . . t 60 SECT. VIII. Fear is the Principle of a DESPOTIC STATE 65 SECT. IX. Of the Corruption of the Principle of DEMOCRACY 68 SECT. -X. Of the Corruption of the Principle of an ARISTO- CRACY 73 SECT. XI. Of the Corruption of the Principle of a MONARCHY 75 SECT. XIL Of the Corruption of the Principle of a DESPOTIC GOVERNMENT 78 SECT. XIII. The Natural Limits of a REPUBLIC 70 SECT. XIV. The Natural Limits of a MONARCHY Si SECT. XV. The Natural Limits of a DESPOTIC GOVERNMENT 82 SECT. XVI. The Manner in which different Governments provide for tbtir Security , g SECT. CONTENTS. SECT. XVII. Page " The EffcfJs O/"MONARCHY on the National Charafier 85 SECT. XVIII. 'The Effefts O/DE SPOTISM on the National Charafier 9 1 SECT. XIX. The Ejfefis of a REPUBLIC on the National Charafier 92 SECT. XX. The EjfefJs of CLIMATE on the National Charafier 94 SECT. XXI.* Of the Britifh Conftitution ; . i o I SECT. XXII. ' Of a Reform in Parliament 1 04 SECT. XXIII. The Declaration of our Rights 137 SECT. XXIV. On the Liberty of the Prejs 156 SECT. XXV. On Popular Difcontent 158 * From ?c&ion XXI. to the end, the pages muft guide the reader, thr Sclions by forne miftake having been wrong numbered. VOL. I. b SECT. CONTENTS. SECT. XXVI. Page The Mob , 172 SECT. XXVII. Reafonsfor our contentment and Fear 176 SECT. XXVIII. the Republic of Greece 180 SECT. XXIX. The Roman Republic 229 SECT. XXX. General Obfervations on the Ancient Republics, ..... 267 PREFACE. PREFACE. IT is a queftion with feveral, whether there be any effential difference between one FORM OF GOVERN- MENT and another? or, whether every FORM may not become good or bad, according as it is well or ;// adminiftered ? Were it once admitted, that ALL governments are alfie, and that the only difference confifts in the character and conduft of the governors, moft political disputes would be at an end, and all zeal for one confutation above an- other muft be efteemed mere bigotry and folly. But, though a friend to moderation, I cannot, fays HUME, forbear condemning this fentiment, and Ihould be forry to think, that human affairs ad- mit of no greater Jlability, than what they receive from the cafual humours and characters of particular men. b2 It Xll It is true, thofe who maintain, that the goodnefs of all governments confifts in the goodnefs of the adminijlration, may cite many particular inftances in hiftory, where the very Jame government) in dif- ferent bands, has varied fuddenly into the two op- pofite extremes of good and bad. Compare the French government under HENRY IV. Op- preffion, levity, artifice, on the part of the rulers ; faction, fedition, treachery, rebellion, difloyalty, on the part of the Jubjefts : thefe compofe the character of the former miferable sera. But when the patriotic and heroic prince, who fucceeded, was once firmly feated on the throne, the govern* ment, the people, every thing, feemed to be totally changed; and all from the differ mce of the temper zn&Jentiments of tbefe twofcvereigns. Inftances of this kind may be multiplied, almoft without number ', from ancient as well as modern bijlory, foreign as well as domejlic. But here it may be proper to make a diftlnc- tion. Al] ABSOLUTE GOVERNMENTS Hiuft VCiy much xm much depend on the adminiftration ; and this is one of the greateft inconveniences attending that form of government. But a REPUBLICAN or MIXED GOVERNMENT would be an obvious alfurdity, if the particular checks and controuls, provided by the conjiitution, had really no influence, and made it not the intereft, even of bad men, to acJ for the public good. Such is the intention of thefe firms of go- vernment, and fuch is their REAL EFFECT, where they are WISELY CONSTITUTED: as, on the other hand, they are the Jource of all diforder, and of the blackeft crimes, where either Jkill or honefty has been wanting in their original frame and inftitution *. So great is the force of laws, and of particular forms of government, and fo little dependence have they on the humours and tempers of men, that con- fequences almoft as general and certain may fome- * The prefent conftitution in France can hardly be called a mixed form of government, it has no balance of intereits and powers. It is a pure republic, although reprcfentalwe, and a fad example of the truth of the above remu: 6 times XIV times be deduced from them, as any which the mathematical Jc iences afford us. The conftitution of the ROMAN REPUBLIC gave the whole legislative power to the people, without allowing a negative voice either to the nobility or confuls. This unbounded power they poflefs in a collective, not in a reprefentath\e body. I'he con- Jequences were : When the people, by fuccefs and conqueft, had become very numerous, and had fpread themfelves to a great diftance from the capital, the city-tribes, though the mojl contemp- tible, carried almoft every vote : they were, there- fore, moft cajoled by every one that affefted popu- larity : they were fupported in Idienejs by the ge- neral dijiribution of corn, and by particular bribes t which they received from almoft every candidate : by this means they became every day more licen- tious, and the CAMPUS MARTIUS was a perpe- tual fcene of tumult and Jediiion : armed Jlaves were introduced among thefe rajcally citizens j fo that the voboU government fell into anarchy, and the XV the greateft happinefs, which the ROMANS could look for, was the defpolic power of the C^SARS. SUCH ARE THE EFFECTS OF DEMOCRACY WITHOUT A REPRESENTATIVE. A Nobility may pofiefs the whole, or any part of the legislative power of a ftate, in two dif- ferent ways. Either every nobleman lhares the power as part of the whole body, or the whole body enjoys the power as compojed of parts, which have each a diftintt power and authority. The VENETIAN ariftocracy is an inftance of the firft kind of government ; the POLISH of the Jecond. In the VENETIAN government the whole body of nobility poffefTes the whole power, and no nobleman has any authority which he receives not from the whole. In XVI In the POLISH government every nobleman, by means of his fiefs, has a dift'mft hereditary au- thority over his vaffals, and the whole body has no authority but what it receives from the concur- rence of its parts. The different operations and tendencies of thefe tivo fpecies of government might be made apparent even a priori. A VENETIAN nobility is prefer- able to a POLISH, let the humours and education of men be ever fo much varied. A nobility, who pofiefs their power in common, will preferve peace and order, both among themfelves, and their fubjectsj and no member can have authority enough to controul the laws for a moment. The nobles will preferve their authority over the people, but without any grievous tyranny, or any breach of private property ; becaufe fuch a tyrannical government promotes not the intereft of the wjiok body, however it may that offome individuals. There will be a diftinction of rank between the nobility and people, but this will be the xvii the only difti notion in the flate. The whole no- bility will form one body, and the whole people an- other , without any of thofe private feuds and am- mofities, which fpread ruin and deflation every \vhere. It is eafy to fee the difadvantages of a POLISH nobility in every one of thefe particulars. It is poffible fo to conftitute a FREE GOVERN- MENT, as that a fingle perfon, call him doge, prince, or king, who ftiall poflefs a large Jhare of power, jfhall form a proper balance or counter- poife to the other parts of the legiflature. This chief magi/Irate may be either elective or hereditary, and though the former inftitution may, to a fu- perficial view, appear the moft advantageous, yet a more accurate infpeftion will difcover in it greater inconveniences than in the latter, and fuch as arc founded on caufes and principles eternal and im- mutable. THE FILLING OF THE THRONE, IN SUCH A GOVERNMENT, IS A POINT OF TOO GREAT AND TOO GENERAL INTEREST, NOT TO VOL. I. c DIVIDE XV111 DIVIDE THE WHOLE PEOPLE INTO FACTIONS : WHENCE A CIVIL WAR, THE GREATESt OF ILLS, MAY BE APPREHENDED, ALMOST WITH CER- TAINTY, UPON EVERY VACANCY. TllC prittCt eleRed muft be either a foreigner or a native : the former will be ignorant of the people whom he is to govern j fufpicious of his new Jubjeffs, and fufpeffed by them -, giving his confidence entirely to ftrangers, who will have no other care but that of enriching them- f elves in the quickeft manner, while their mafter's fa- vour and authority are able tofupport them. A na- tive will carry into the throne all his private ani- mofities and friendjhips, and will never be viewed in his elevation , without exciting the fentiment of envy in thofe, who formerly conjidered him as their equal. Not to mention, that a crown is too high a re- ward ever to be given to merit alone, and will al- ways induce the candidates to employ force, or money, or intrigue, to procure the votes of the eledors : fo thztfucb an election will give no better chance for Juperior merit in the prince, than if XIX if the ftate had trufted to birth alone for determin- ing their Jovereign. It may therefore be pronounced as an univerfal axiom in politics, THAT AN HEREDITARY PRINCE, A NOBILITY WITHOUT VASSALS, AND A PEOPLE VOTING BY THEIR REPRESENTATIVES, FORM THE BEST MONARCHY, ARISTOCRACY, AND DEMOCRACY. But in order to prove more fully that POLITICS ADMIT OF GENERAL TRUTHS, which are unchangeable by the humour or education either tfjubjekl or fovereign, it may not be amifs to obferve fome other principles of this fcience, which may feem to deferve that character. There are two great tyrannies, the tyranny of a defpot, and that of a multitude. Of thefe the moft dreadful is republican tyranny. The defpot may re- ceive thejuft blow, and fall from his high eleva-^ tion, nothing is required but the arm of a Brutus: but the destruction of the many-headed monfter is an Herculean labour. c 2 In XX In deffotic ftates, as well as in republics, the downfall of the minifters of government is ufually effected by the death of the parties. In the former, they quietly yield up their breath ; in the latter, the ftruggle is attended with a dreadful convul- fion, and the fuperiour faction gains the afcen- dancy after a mighty carnage. Situated between the two ftands, our MIXED FORM Of GOVERNMENT, a GOVERNMENT nicely pijed between THE EXTREMES of TOO MUCH LIBERTY and TOO MUCH POWER, where an unfuccefsful and improvident minifter is difplaced without the lols of life, and the murder of friends, and where the feveral parts of the CONSTITUTIONS are fo framed, that they ferve as a check to each other; a CONSTITUTION, where the king is clothed with a power, that en- ables him to do all the good he has a mind to ; and wants no degree of authority, but what a good prince would not, and an ill one ought not to have : where he governs, though not abfolute- 5 lv, XXI Jy, yet glorioufly, becaufc he governs men, and not flaves ; and is obeyed by them cheerfully, be- caufe they know that, in obeying him, they obey thofe laws only which they themfelves have had a flwe in contriving. It is undoubtedly very natural for men to think that form of government the bed, under which they draw their firft breath, and to propofe it as a mo- del and flandard for all others. But, if any peo- ple upon earth have a juft title thus to boaft, it is we of this ijland-y who enjoy a CONSTITUTIONV wifely moulded^ out of all the different forms and kinds of civil government , intojuch an excellent and happy frame, as contains in it all the advantages of their fever al forms, without Jharing in any of their great inconveniencies. Our MIXED FORM of GOVERNMENT is authorized by lawyers, admired by ftrangers, recommended by divines, acknowledged by poli- ticians, acquiefced in, nay pafllonately cheriJhed, by XX11 by the people in general ; and all this during a pe- riod of at leaft a hundred and eighty years. This general confent furely, during fo long a time, mull be fufficient to render any conftitution legal and valid : if the origin of all power be derived, as is alledged, from the people ; here is their con- Jent in the fulleft and moft ample terms that can be derived or imagined. We mud be all fenfible that the plan of liberty is fettled ; its happy effects are proved by experience ; a long tract of time has given it (lability. We muft be fenfible, that public liberty, with internal peace and order, has flourifhed almoft without interruption : trade and manufactures, and agriculture, have increafed: the arts and fciences, and philofophy, have been cultivated. Even religious parties have been ne- ceflitated to lay afide their mutual rancour : and the glory of the nation has fpread itfelf over Eu- rope j derived equally from our progrefs in the arts of peace, and from our valour in war. So long and fo glorious a period no nation almoft can Itoaft of: nor is there another inftance in the whole kij- tory XX111 tory of mankind, that Jo many millions of people have, during fuch a fpace of time, been held together, in a manner Jo free, Jo rational, andfofuitableto the dig" nity of human nature* Legi/lators, therefore, ought not to trufl the go- vernment of a (late entirely to chance, but ought to provide a Jyflem of laws to regulate who are to adminifter public affairs to the lateft pofterity.- Effects will always correfpond to caufes ; and wife regulations in any commonwealth are the moft valuable legacy that can be left to future ages. In thefmalleft fourt or office, the ft ated forms and methods, by which bufinefs muft be conduced, are found to be a confiderable check on the natural depravity of man- kind. Why fhould not the cafe be the fame in public affairs ? Can we afcribe the ftability and wifdom of our MIXED CONSTITUTION, through fo many ages, to any thing but the form of govern- ment ? And is it not eafy to point out thofe defers in the ORIGINAL CONSTITUTION, which produced the tumultuous governments of ATHENS and of ROME, XXIV ROMC, and ended at laft in the rum of thefe two famous republics ? HERE, THEN, is A SUFFICIENT INDUCEMENT TO MAINTAIN, WITH THE UTMOST ZEAL, THOSE FORMS AND INSTITUTIONS, BY" WHICH LIBERTY IS SECURED, THE PUBLIC GOOD CON- SULTED, AND THE AVARICE OR AMBITION OF PARTICULAR MEN RESTRAINED. ORIGIN PART I. POLITICAL DISQUISITIONS ON THE ADVANTAGES AND DISADVANTAGES OF DIFFERENT GOVERNMENTS, ORIGIN OF GOVERNMENTS. SECT. 1. PATERNAL AUTHORITY; OR, FIRST STAGE OF SOCIETY. AMONG favages, who are flrangers to the art of writing, and who have fcarcely any method of recording facts, the experience and obfervation of each individual are almoft the only means of procuring knowledge ; and the only perfons who cat> attain a fuperior degree of wifdom and fagacity, are thofe who have lived to a con- fiderable age. In all barbarous countries old men are therefore univerfally refpedted, and attain fuperior in- fluence and authority. Among the Grecians, at the fiege of Troy, the man who had lived three ages was treated with uncqmmon deference, and was their principal x advifer and director in all important deliberations. VOL. I. B " Doft " Doft thou not fee, O Gaul," fays MORNI, in one of the poems of Offian, how the fteps of my age arc " honoured? MORNI moves forth, and the young meet " him with reverence, and turn their eyes, with hlent " joy, on his courfe*." The Jeivi/h lawgiver, whofe fyflem of laws was, in many refpe&s, accommodated to the circumftances of an early people, has thought proper to enforce the refpect due to old age, by making it even the fubject of a par- ticular precept. " See that thou rife up before the hoary " head, and honour the face of the old man f." So infeparably connected are age and authority in early- periods, that in the language of rude nations the fame word which fignifies an old man is generally employed to denote a ruler or magifirate \. Among the Chinefe, who, from their little intercourfe with flrangers, are remarkably attached to their ancient ufages, the art of writing, notwithftanding their im- provement in manufactures, is ftill beyond the reach' of the vulgar. This people have accordingly preferved that * Vide the Poem of Offian by Macpherfon. } Leviticus, chap. xix. ver. 32. J In the language of the Arabs, fee D'Arvieux trav. Arab. This alfo i.s the cafe in the German and moft of the modern languages of Europe. high admiration of the advantages arifing from long ex- perience and obferuation, which we commonly meet with in times of ignorance and flmplicity. Among them, neither birth, nor riches, nor honours, nor dignities, can make a man forget that reverence which is due to grey hairs ; and we are told, that the fovereign himfelf never fails to refpect old age, even in perfons of the loweft condition *. We may eafily imagine that this admiration and re- verence, which is excited by wifdom and knowledge, muft, in a particular manner, affect the condufl of chil- dren with refpedl to their father. The experience of the father muft always appear greatly fuperior to that of his children, and becomes the more remarkable, according as he advances in years, and decays in bodily ftrength. He is placed in a fituation where that experience is con- ftantly difplayed to them, and where, being exerted for their prefervation and welfare, it is regarded in the moft favourable light. From him they learn thofc contri- vances which they make ufe of in procuring their food, and the various ftratagems which they put in practice againft their enemies. By him theytire inftructed in the * The art of printing and writing has greatly tended to abolifh this rcfpcft in rnore enlightened countries. B i different different branches of their domeftic ceconomy, and are directed what meafures to purfue in all thofe difficulties and diftrefies in which they may be involved. They hear, with wonder, the exploits he hath performed, and the precautions which he hath ufed in former times to avoid the evils with which he was furrounded, or the audrefs and dexterity which he hath employed to extri- cate himfelf from thofe misfortunes which had befallen him ; and, from his obfervation of the paft, they are enabled to learn ufeful leiTons of prudence, for the re- gulation of their future conduct and behaviour. If ever they depart from his counfel, and follow their own headflrong inclination, they are commonly taught by the event to repent of their folly and rafhnefs, and arc flruck with new admiration of that uncommon penetra- tion and forefight which he appears to poflefs. They look upon him as a fuperior being, and imagine that the gilts of fortune are at his difpofal. They dread his curfe, as the caufe of every misfortune ; and they efteem his bleffing of more value than the richeft inhe- ritance. In the Iliad, when PHENIX is fent on a meflage to Achilles, he bewails his misfortune in having no chil- dren dren of his own, and imputes it to the curfe of his fa- ther, which he had incurred in his youth. My fire with curfes loads my hated head, And cries, " Ye furies ! barren be his bed !" Infernal JOVE, the vengeful fiends below, And ruthlefs PROSERPINE confirmed his vow. HOMER. " And ESAU faid unto his father, Haft thou but one " bleffing, my father? Blefs me, even me alfo, O I my " father. And ESAU lift up his voice and wept *." To thefe ohfervations we v may add, that the authority of the father is confirmed and rendered more univerfal, by the force and influence of cujlom. We naturally retain, after we are old, thofe habits of refpe6t and fubmiffion which we received in our youth ; and we find it difficult to put ourfelves upon a Jevel with thofe perfons whom we have long regarded as greatly our fuperiors. The flave, who has been bred up in a low fituation, does not immediately, upon ob- taining his freedom, lay alkie thofe fentiments which he has been accuftomed to feel. He retains for fome time the idea of his former dependence ; and, notwithfland- ing the change of his chcumfhmces, is difpofed to con- Genefis, xxvii. 38. tinue tinue that refpedl and reverence which he owed to his mafter. We find, that the legiflature, in fome coun- tries, has even regarded and enforced thefe natural fenti- ments. Among the Romans a freed man was, through the whole of his life, obliged to pay to his patron what was called " obfequium et revercntia ;" and which con- filled in attendance upon him on public occafions, and in {hewing him certain marks of honour and diftincTion. If ever he failed in the obfervance of thefe duties, he was thought unworthy of his liberty, and was again re- duced to be the flave of that pel fon to whom he had be- haved in fo unbecoming a manner*. A fon, who has been accuftomed from his infancy to ferve and to obey his father, is in the fame manner dif- pofed for the future to continue that fervice and obedi- ence. Even after he is grown up, and has arrived at his full ftrength of body, and maturity of judgment, he retains the early impreffions of his youth, and remains, in a great meafure, under the yoke of that authority to which he hath hitherto fubmitted. He fhrinks at the angry countenance of his father, and trembles at the power of that arm whofe fevere difcipline he has fo often * Vide Heineccii antiq. Roman, lib. 9. fed. i, Dig. de op. lib. fcft. j. Inft. de cap. deminut. 1. un. Cod. de ingrat. liber. expe- experienced, and of whofe valour and dexterity he has fo often been a witnefs. He thinks it the higheft pre- fumption to difpute the wifdom and propriety of thofc commands to which he has always liftened* as to an oracle, and which he has been taught to regard as the infallible rule of his conduct. -He is naturally led to acquiefce in that jurifdiclion which he has feen exerted on fo many different occafions, and which he finds to be uniformly acknowledged by all the members of the family. In proportion to the feverity and rigour with which he is treated, his habits of fubmifiion become the flronger, and his implicit obedience is efteemed the more indifpenfably neceflary. He looks upon his father as inverted by heaven w/ith an unlimited power and autho- rity over all his children ; and imagines that, whatever they may fuffer from his arbitrary condudt, their re- bellion againft him, or refinance to his will, would be the fame fpecies of impiety, as to call in queftion the authority of the Deity, or to quarrel with thofe feverc difpenfations of Providence with which, in the govern- ment of the world, he is fometimes pleafed to viut his creatures. From thefe difpofitions, which commonly prevail among the members of his family, the father can have ne 8 no difficulty to enforce his orders, wherever compulfiori may be neceffary. In order to correct the depravity, or to fubdue the unruly temper of any (ingle child, he can make ufe of that influence which he poffefles over the reft, who will regard the unnatural behaviour of their brother with horror and deteftation, and be ready to contribute their afliftance in reducing him to obedi- ence, or in punifhing his tranfgreffion. In the hiftory of early nations, and even of thofe which have made fome advances in refinement, we meet with a great variety of fafls to illuftrate the nature and extent of that jurifdiffion and authority which originally belonged to the father, as the head and governor of his family. We are told, by CESAR, that among the Gauls the father had the power of life and death over his children* ; and there is reafon to believe, that, among the ancient German nations, he was inverted with the fame unlimit- ed jurifdiclionf. According to the cuftoms which took place among the early inhabitants of Arabia, it would feem, that, in like manner, the father was under no reftraint in the - * Caef. de bell. Gall. lib. 6. f See Heinecciu; elcm. jur. German. 3 admi- 9 niftration and government of his family. When the fons of JACOB propofed to carry their brother BEN- JAMIN along with them into Egypt, and their father difcovered an unwillingnefs to part with him, " REU- " BEN fpake unto his father, faying, Slay my two fons, " if I bring him not to thee : deliver him into my *' hand, and I will bring him to thee again *." Among the Tartars, nothing can exceed the refpe6l and revejence which the children ufually pay to their father. They look upon him as the fovereign lord and matter of his family, and confider it as their duty to ferve him upon all occafions. In thofe parts of Tar- tary which have any intercourfe with the great na- tions of Afia, it is alfo common for the father to fell his children of both fexes ; and from thence the women and eunuchs, in the harams and feraglios belonging to men of wealth and diftindtioti in thofe countries, are faid to be frequently procured f. Upon the coaft of Africa, the power of the father is carried to the moft exceflive pitch, and exercifed with the utmoft feverity. It is too well known to be denied, * Genefis, xlii. 37. f Hiftoire generate des voyages, torn. y. Chardin. torn. i. VOL. I. C that, 16 that, in order to fupply the European market, he often difpofes of his own children for Haves ; and that the chief part of a man's wealth is fuppofed to confift in the number of his defendants. Upon the flave coaft, the children are accuftomed to throw themfelves upon their knees, as often as they come into the prefence of their father*. The following account, which is given by Commo- dore BYRON, may ferve, in fome meafure, to {hew the fpirit with which the favages of South America are apt to govern the members of their family. Here, fays he, I muft relate a little anecdote of our chriftian Cacique. He and his wife had gone off, at fome di (lance from the fhore, in their canoe, when fhe dived for fea-eggs ; but not meeting with great fuccefs, they returned a good deal out of humour. A little boy of theirs, about five years old, whom they appeared to be doatingly fond of, watching for his father and mother's return, ran into the furf to meet them : the father handed a baiket of fea-eggs to the child, which being too heavy for him to carry, he let it fall ; upon which the father jumped out of the ca- * Hifloirc generate dea voyages, torn. 5. liv. jo.-clup. 3. noe, II Hoe, and catching the boy up in his arms, dafhed him with the utmoft violence againft the ftones. The poor little creature lay motionlefs and bleeding, and in that condition was taken up by the mother, but died foon after. No one feemed to reprobate the conduct of the father. He appeared, to the byftanders, only to exer*. cife his right. Such was the power which, in early times, appears to have been uniformly pofiefled by the head of a family.- But the progrefs of a people in civilization and refine- ment has a natural tendency to limit and reftrain this primitive jurifditStion. In thofe rude and fimple periods, when men are chiefly employed in hunting and fifhing, in pafturing cattle, or in cultivating the ground, the children are commonly brought up in the houfe of their father j and continuing in his family as long as he Jives, they have no occafjon to acquire any feparate property, but depend entirely for fubfjflence upon that hereditary eftate, of which he is the fole difpofer and manager. Their fituation, however, in this as well as in many other refpedls, is greatly altered by the introduction of (Commerce and manufactures. In a commercial coun- C 2 try, 12 try, a great part of the inhabitants are employed in fuch a manner as tends to difperfe the members of a fa-, mily, and often requires that they fhould live at a diftance from each other. The children, in their early youth, are obliged to leave their home, in order to be inftruted in thofe trades and profeflions by which it is propofed they fliould earn a livelihood, and afterwards to fettle in thofe parts of the country which they find convenient for profecuting their feveral employments. In confequence of this they are withdrawn, and in a great meafure emancipated from their father's autho- rity. They are now in a condition to procure a main- tenance without having recourfe to his bounty, and by their own labour and induftry are fometimes advanced to great wealth and opulence. They live in feparate families of their own, of which it is requifite they fliould have the entire direction ; and being placed at fuch a dillance from their father, that he has no longer an opportunity of obferving and controuling their be- haviour, it is to be expeded that their former habits will gradually be laid afide and forgotten *. WHEN WE EXAMINE THE LAWS AND CUS- TOMS OF POLISHED NATIONS, WE ARE CONFIRM- *ar. 8 ED ED IN THE TRUTH OF THE FOREGOING REMARKS, AND HAVE REASON TO CONCLUDE, THAT, IN MOST COUNTRIES, THE PATERNAL JURISDICTION HAS BEEN REDUCED WITHIN NARROWER BOUNDS, IN PROPORTION TO THE IMPROVEMENTS OF SO- CIETY. SECT. 14 SECT. II. PF THE AUTHORITY OF A CHIEF OVER THE MEMBERS OF A TRIBE OR VILLAGE J OR, SECOND STAGE OF SOCIETY. HAVING confidered the primitive flate of a (ingle fa- mily of favages, we may now examine the changes which happen in their fituation, after the death of the father, and the different fpecies of authority to which, they are commonly fubjeled. "When the members of a family become too nume- rous to be maintained and lodged all in the fame houfe, fome of them are under the neceflity of leaving it, and providing themfelves with a new habitation. The fons, having arrived at the age of manhood, and being dif- pofed to marry, are led by degrees to have a feparate refidence, where they may live in a more comfortable manner. They build their huts very near one to an- other, and each of them forms a diftindt family ; of which which he aflumes the direction, and which he endea- vours to fupply with the means of fubfiftence. Thus the original fociety is gradually enlarged into a village or tribe; and, according as it is placed in circumftances which favour population, and render its condition prof- perous and flouriihing, it becomes proportionably exten- five, and is fubdivided into a greater multiplicity of branches. From the fituation of this early community it is na- tural to fuppofe, that an uncommon degree of attach- ment will fubfift between all the different perfons of which it is compofed. As the ordinary life of a favage renders him hardy and robuft, fo he is a ftranger to all thofe confiderations of utility, by which, in a poliflied nation, men are commonly induced to reftrain their ap- petites, and to abftain from violating the poflefllons of each other. Different clans or tribes of barbarians are therefore difpofed to rob and plunder one another, as often as they have an opportunity of doing it with fuo cefs ; and their reciprocal inroads and hoftilities are the fource of continual animofities and quarrels, which are profecuted with a degree of fury and rancour fuitable to the temper and difpofitions of the people. Thus the members of every fingle clan are frequently at variance with i6 with all their neighbours around them ; and are obliged to be conftantly upon*heir guard, in order to repel the numerous attacks to which they are expofed, and to preferve themfelves from that fevere and barbarous treat- ment, which they have reafon to expeft, if they mould fall under the power of their enemies. As they are di- vided from the reft of the world, fo they are linked to- gether by a fenfe of their common danger, and by a re- gard to their common intereft. They are united in all their paftimes and amufements, as well as in their ferious occupations ; and when they go out upon a military en- terprize, they are no lefs prompted to fhcw their friend- fhip for each other, than to gratify their common paf- fions of enmity and refentment. As they have been brought up together from their infancy, and have no intercourfe with thofe of a different community, their affedlions are raifed to a greater height, in proportion to the narrownefs of that circle to which they are con- fined. As the uniformity of their life fupplies them with few occurrences, and as they have no opportunity of acquiring any great variety of knowledge, their thoughts are the more fixed upon thofe particular ob- jeds which have once excited their attention, they re- tain more fteadily whatever impreffions they have re- ceived _ ceived, and become the more devoted to thofe entertain- ments and practices with which they have been familiarly acquainted. Hence it is, that a favage is never, without difficulty, prevailed upon to abandon his family and friends, and to relinquifh the fight of thofe objects to which he has been long familiar. To be banimed from them is reckoned the greateft of all misfortunes. His cottage, his fields, the faces and converfation of his kindred and compa- nions, inceflantly recur to his memory, and prevent him from relifhing any fituation where thefe are want- ing. He clings to thofe well-known objects, and dwells upon all thofe favourite enjoyments which he has loft.- The poorer the country in which he has lived, the more wretched the manner of life to which he has been ac- cuftomed, the lofs of it appears to him the more in- fupportable. That very poverty and wretchednefs, which contracted the fphere of his amufements, is the chief circumftance that increafes his attachment to thofe few gratifications which it afforded, and renders him the more a {lave to thofe particular habits which he hath acquired. Not all the allurements of European luxury could bribe a Hottentot to refign that coarfe manner of life which was become habitual to him ; and we may VOL. I. D remark, i8 remark, that the " maladie du pays," which has been fuppofed peculiar to the inhabitants of Switzerland, is more or lefs felt by the inhabitants of all countries, ac- cording as they approach nearer to the ages of rudenefs and iimplicity. As thofe clans or villages, which inhabit the more uncultivated parts of the earth, are almoft continually at war with their neighbours, and are obliged to be always in a pofture of defence, fo they have conftant occafion for a leader to condu& them in the various military en- terprizes in which they are engaged. It may be remarked, that wherever a number of peo- ple meet together in order to execute any meafures of common concern, it is convenient that fomeperfon mould be appointed to direct their proceedings, and prevent them from running into confufion. It is accordingly a general regulation, which appears to be uniformly adopted in all countries, that every public afiembly fhould have a prcjldcnt, inverted with fuch a degree of authority as is fuitable to the nature of the bulinefs com- mitted to their care. But in no cafe is a regulation of this kind fo neceflary, as in the conduct of a military expedition. There is no fituation in which a body of men are fo apt to run into diforder, as in war ; where it it is impofllble that they mould co-operate, and preferve the lead regularity, unlefs they are united under a Jingle perfon, > who is impowered to direfl their movements, and to fuperintend and controul their feveral opera- tions. As the members of a family have been ufually con- ducted by the father in all their excurfions of moment, they are naturally difpofed, even when their fociety be- comes more enlarged, to continue in that courfe of ac- tion to which they have been accuftomed ; and, after they are deprived of this common parent, to fall under the guidance of fome other perfon, who appears next to him in rank, and poffefles the greateft fhare of their efteem and confidence. Superiority in flrength, courage, and other perfonal accomplimments, is the firft circumftance by which any Jingle perfon is raifed to be the leader of a clan, and by which he is enabled to maintain his authority. In thofe rude periods, when men live by hunting and fiiliing, they have no opportunity of acquiring any con- fiderable property ; and there are no diftincYions in the rank of individuals, but thofe which arife from perfonal qualities. The ftrongeft man in a village, the man who excels D2 ! in running, in vvreftling, or in handling thofe weapons which they make ufe of in war, is pofieffcd of an evi- dent advantage in every conteft that occurs, and is hereby exalted to fuperior dignity. In their games and exercifes he is generally victorious, and becomes more and more diflinguifhed above all his companions. When they go out to battle, he is placed at their head, and occupies that ftation which is held of the greateft importance. His exploits and feats of activity are view- ed with pleafure and admiration ; and he becomes their boaft and champion in every ftrife or contention in which they are engaged. The more they have been accuftomed to follow his banner, they contract a ftronger attachment to his perfon, and difcover more readinefs to execute thofe meafures which he thinks proper to fug- geft. They imagine that his greatnefs reflects honour upon the fociety to which he belongs, and are difpofed to magnify his prowefs with that fond partiality which they entertain in favour of themfelves. According as he advances in reputation, he acquires more weight in their debates, and is treated upon every occafion with greater refpet and deference. As they are afraid of in- curring his difpleafure, fo are they eager to diftinguifh themfelves in his eye, and, by their valour and fidelity, to 21 to procure marks of his peculiar approbation and efteem. *' Ilium defendere, tueri, fua quoque fortia fah gloriae " ejus affignare, praecipiium facramentum eft. Prin- " cipes pro vidtoria pugnant, comites pro principe *." Among the natives in fome parts of the continent of South America, it is cuftomary, in their military expe- ditions, to make choice of that perfon for their leader, who is fuperior to all his companions in bodily Jlrength ; and this point is ufually determined according to the burden which he is able to carry f. , * Tacitus de mor. German. \ Nouveaux voyages aux Indes Orientales, torn. iii. Upon the fame principle, the captain of an expedition is frequently chefen from the number of wounds he has received in battle. Ibid. tarn. i. It has even been remarked, that all animals which live in herds or flocks are apt to fall under the authority of a fingle leader of fuperior flrength or courage Of this a curious inftance is mentioned by the author of Commo- dore Anfon's voyage." The largeft fea-lion," fays he, " was the matter " of the flock ; and, from the number of females he kept to himfelf, and his " driving off the males, was ftiled by the feamen the bafhaw. As they are of " a very lethargic difpofition, and are not eafily awakened, it is obferved, " that each herd places fome of their males at a diftance in the manner of cen- " tinels, who always give the alarm whenever any attempt is made either to " moleft or approach them, by making a loud grunting noife like a hog, or " fnorting like a horfe in full vigour. The males had often furious battles with each other, chiefly about the females ; and the baftiaw juft mentioned, " who was commonly furroundcd by his females, to which no other male " dared to approach, had acquired that diftingiiimed pre-eminence by many " bloody contefts, as was evident from the numerous fears vifiblt in all parts " of his body." But 22 But when a people have begun to make improve- ments in their manner of fighting, they are foon led to introduce a variety of Jtratagcms, in order to deceive their enemy, and are often no lefs indebted to the art and addrefs which they employ, than to the flrength or courage which they have occafion to exert. Thus, mi- litary fkill and conduct are raifed to higher degrees of eflimation ; and the experience of a NESTOR, or the cunning of an ULYSSES, being found more ufeful than the brutal force of an AJAX, becomes in time a greater fource of influence and authority. This, as has been formerly obferved, is the founda- tion of that refpect and reverence which, among early nations, is commonly paid to old men. From this caufe alfo it happens, that the leader of a barbarous tribe is often a perfon advanced in years, who, retaining ftill his bodily flrength, has had time to acquire experience in the art of war, and to obtain a diflinguifhed reputa- tion by the atchievements which he hath performed. After mankind have fallen upon the expedient of taming and pailuring cattle, in order to render their fitu- ation more comfortable, there arifes another fource of influence and authority which was formerly unknown to them. In their herds and flocks they frequently enjoy wealth, which is distributed in various pro- portions, according to the induftry or good fortune of different individuals ; and thofc who are poor become de- pendent upon the rich, who are capable of relieving their neceffities, and affording them fubfiflence. As the pre-eminence and fuperior abilities of the chief are naturally exerted in the acquifition of that wealth which is then introduced, he becomes, of confequence, the richeft man in the focicty ; and his influence is rendered proportionably more extenfive. According to the eftate which he has accumulated, he is exalted to a higher rank, lives in greater magnificence, and keeps a more numerous train of fervants and retainers, who depend upon him for their maintenance, and are therefore ob- liged, in all cafes, to fupport his power and dignity*. The authority derived from wealth, as it is greater than that which arifes from mere perfortal accomplishments, fo it is alfo more ftable and permanent. Extraordinary endowments, either of mind or body, can operate only during the life of the poffeflbr, and are feldom continued for any length of time in the fame family. But a man * The admiration and refpcct derived from the poflcilion of fuperior for- tune, is very fully and beautifully illuftrated by the eloquent and ingenious author of the " Theory of Moral Sentiments." ufually ufually tranfmits his fortune to his pofterity, and along with it all the means of creating dependence which he ' enjoyed. Thus the fon, who inherits the eftate of his father, is enabled to maintain an equal rank, while, at the fame time, he preferves all the influence acquired by the former proprietor, augmented and handed down from one generation to another. Hence that regard to genealogy and defcent which we often meet with among thofe who have remained long in a paftoral ftate. From the fimplicity of their manners, they are not apt to fquander or alienate their poffeflions ; and the reprefentative of an ancient family is naturally difpofed to be oftentatious of a circumftance which con- tributes fo much to increafe his power and authority *. For the fame reafon the dignity of the chief, which in a former period was frequently ritffr&f, is now fuf- fered more commonly to pafs from father to fon by here- ditary fuccej/ion. As the chief pofleffes the largeft eftate, fo he reprefents the moft powerful family in the tribe ; a family from which all the reft are vain of being defcend- * All the Tartars, of whatever country or religion, have an exact know- ledge of the tribe from which they are defcended, and carefully preferve the remembrance of it from one generation to another. Although the tribes arc often divided into many branches, each branch is confidered as belonging to the fame tribe. Hiftoire generale des voyages, torn. ix. liv. 3. chap. 3. p, 33. 3 ed, cd, and the fuperiority of which they have been uni- formly accuftomed to acknowledge. He enjoys not only that rank and confequence which is derived from his own ojmlence, but feems entitled to the continuance of that refpe6t and fubmiflion which has been paid to his anceftors ; and it rarely happens that any other perfon, though of fuperior abilities, is capable of fupplanting him, or of diverting the courfe of that influence which has flowed fo long in the fame channel, and has become fo irrefiftible by cuftom. As the chief man, from his experience, wifdom, and wealth, is naturally engaged in protecting and fecuring the members of his tribe from the hoftile attacks of their neighbours, fo he endeavours to prevent thofe diforders and quarrels which may fometimes arife among them- felves, and which tend to weaken and difturb the fo- ciety. When a difpute or controverfy happens among thofe who belong to different families, he readily inter- pofes by his good offices, in order to bring about a re- conciliation between the parties ; who at the fame time, if they choofe to avoid an open rupture, may probably be willing to terminate their difference by referring it to his judgment. In order to render his decisions effectual, he finds it neceflary, at firft, to 'employ perfuafion and VOL. I. E entreaty. entreaty. When fuch references have afterwards be- come more frequent, and when thofe perfons by whom they are made become more afraid of difobliging him, he ventures to make ufe of authority, and at length, obtaining a full and complete power of enforcing his fentences, he is eftablilhed as their judge, and inverted with fupreme jurifdi&ion in all cafes, both civil and criminal. As, in conducting the affairs of a community, vari- ous abufes in the administration are apt to be committed, and as, from the uncertainty of thofe rules by which the people are governed, many more may be appre- hended, it is neceflary that particular Jlatutes or laws fhould be enacted, to correct or afcertain the practice for the future. Even this legijlatlve power is apt to be affumed by a chief, after his wealth and opulence have become very extenfive, and when the members of his clan are fo totally dependent upon him, with regard to their property, as to be in no condition to difpute his commands, or to refufe obedience to thofe ordinance* which he iffues at pleafure, in order to model or eftablifli the government of the fociety. From thefe obfervations we may form an idea of that conftltution of government which is naturally introduced among among the members of a rude tribe or village. Each of the different families, of which it is compofed, is under the jurifdi&ion of the father, and the whole community is fubjed~ted to a chief or leader, who enjoys a degree of influence and authority according to the fuperior abil ties with which he is endowed, or the wealth which he has been enabled to acquire. The rudeft form of this government may be difcover- ed among the Indians of America. As thefe people fub- fift, for the moft part, by hunting or filhing, they have no means of obtaining fo much wealth as will raife any one perfon greatly above his companions. They are divided into fmall independent villages, in each of which there is a chief, who is their principal leader in war. He bears the name of that particular tribe over which he prefides ; and in their public meetings he is known by- no other. His authority, though greater in fome vil- lages than in others, does not appear in any of them to be very confiderable. If he is never difobeyed, It is be- caufe he knows how to fet bounds to his commands. Every family has a right to name an afliftant to the chief; and the feveral heads of families compofe an aflembly, or " COUNCIL OF THE ELDERS," which is accuftomed to deliberate upon all matters of public importance. E 2 THUS THUS IT WAS, THAT, UPON THE RUINS OF THE WESTERN EMPIRE, THERE AROSE IN EVERY PRO- VINCE PARTICULAR CHIEFS OR BARONS, WHO LIVED IN SEPARATE DISTRICTS, INDEPENDENT OF ONE ANOTHER, ANO EACH OF WHOM PROCURED A NUMBER OF VASSALS OR MILITARY TENANTS, AND BECAME GREAT AND POWERFUL IN PROPORTION TO THE ESTATE WHICH HE POSSESSED. THIS AP- PEARS TO HAVE BEEN THE FIRST STEP TOWARD THE INTRODUCTION OF THAT SYSTEM OF FEUDAL GOVERNMENT, WHICH WAS AFTERWARDS ESTA- BLISHED AND SOON BROUGHT TO PERFECTION IN MOST OF THE COUNTRIES OF EUROPE. SECT. 29 - SECT. III. THE ORIGIN OF DIFFERENT KINDS OF GOVERNMENT ; OR, THE MORE ADVANCED STAGE OF SOCIETY. THE improvement of agriculture, as it increafes the quantity of provifions, and renders particular clans or tribes more numerous and flourishing, fo it obliges them at length to (end out colonies to a diftance, who occupy new feats wherever they can find a convenient fituation, and are formed into feparate villages, after the model of thofe with which they were formerly acquainted. Thus, in proportion as a country is better cultivated, it comes to be inhabited by a greater number of diftindl: focieties, whether derived from the fame or- from a dif- ferent original, agreeing in their manners, and refem- bling each other in their government and inftitutions. Thefe different communities being frequently at war, and being expofed to continual invafions -from their their neighbours, are in many cafes determined, by the confideration of -their mutual intereft, to unite againft their common enemies, and to form a variety of combinations, which are more or lefs permanent, according as they are influenced by particular circum- flances. Thofe people who have iound the advan- tage of joining their forces in one expedition, are na- turally difpofed to continue the like affociation in an- other, and by degrees are encouraged to enter into a general defenfive alliance. The intercourfe which they have maintained in war, is not entirely diffolved even in time of peace. Though originally ftrangers to each other, yet, having many opportunities of affembling in their military enterprizes, they cannot fail to contract an acquaintance, which becomes the fource of their fu- ture correfpondence. They have frequent opportuni- ties of meeting in their common fports and diverfions. The leading men of different villages entertain one an- other with ruflic hofpitality and magnificence ; inter- marriages begin to take place between their refpelive ' families ; and the various connexions of fociety are gra- dually multiplied and extended. From a fimple confederacy of this kind, an ARISTO- CRATICAL GOVERNMENT is naturally eftablifhed. As 5 every every village, or feparate community, is fubje&ed to its own leader, it is to be fuppofed that, in their joint mea- fures, the feveral chiefs, when united together, will enjoy an influence correfpondent to that which they have feparately acquired over their own particular de- pendents ; and that the frequent meeting and delibera- tion of thofe diftinguiflied perfonages will at length give rife to a regular affembly, inverted with power and authority to determine in all the important affairs of the fociety. The fame circum fiances, however, which influence the members of a fmgle clan to be guided by a particular perfon in their fmaller expeditions, render a fimilar ex- pedient yet more necefiary in conducting a numerous army, compofed of different clans, often difagreeing in their views, and little connected with each other. Some ONE LEADER is therefore entrufted with the fu- prerne command of their united forces ; and the fame influence, by which he was firft raifed to that dignity, enables him frequently to maintain it during lift, aud even in many cafes to render it hereditary. In this man- ner a GREAT CHIEF or KING is placed at the head of a nation, and claims, by degrees, the infpection and fuper- fuperintendence of various branches of the public admi- niftration. But, notwithftanding the rank and pre-eminence en- joyed by this primitive fovercign, his authority at firft is far from being confiderable. The chiefs, who retain all their original influence over their refpecYive tribes, and who are jealous of a fuperior, are difpofed to allow him no higher prerogatives than are requifite to anfwer the purpofes for which he was created. Though, in a day of battle, his power may extend over the whole people, yet on other occafions it is for the moft part limited to his own particular clan ; and though in the field his orders are not to be difputed, yet in the council public meafures are determined by the majority of voices, and the king is little more than the prefident of the meeting. After the conclufion of an expedition, when the different clans have retired to their feparate places of abode, they are almoft entirely withdrawn from his in- fluence, and live under the protection of their feveral leaders, to whofe jurifdition and authority they are to- tally fubje&ed. Such are the uniform accounts which have- been given by travellers concerning the government of thofe king- doms, doms, either upon the coafl of Africa^ or in the coun- tries belonging to Afia, in which a number of di{lint tribes or villages are but imperfectly united toge- ther *. But the mofl noted examples of that fpecies of govern- ' ment, which arifes from the firft union of different clans, occuvs in the early hiftory of the modern king- doms of Europe. It has already been obferved, that when the German nations fubdued the weflern empire, the land was divided among a variety of chiefs, or heads of families, who diftributed a part of their eftates among their dependents and retainers, over whom they exer- cifed an almoft unlimited authority. Thefe barons were altogether independent of each other, and poflefied 2 degree of rank and power, in proportion to the number of vaflals which they were able to maintain. Their poffeffions, which they had obtained by lot, or occu- pied without oppofition, were entirely at their difpofal, and defcended to their pofterity by hereditary fucceflion. They acknowledged no fuperior but the king, to whom they were only liable in military fervices. Hiftoire generate de* voyages, 410. torn. iv. liv. 8. chap. 3. feft. 4. Ibid. torn. v. liv. 9. chap. 7. feft. 7. Ibid. liv. 10. chap. a. 6. Sec Ca lendar's collection of voyages, vol. i. p. 67, 68. VOL. I. F The 34 The king, or chief, in all meafures of importance was obliged to aft with the concurrence of an affembly, compofed of the leading men in the country. Such were the ancient parliaments of France, the Carts in Spain, and the Wittenagemote in England. With their advice he determined what enterprizes fhould be under- taken ; and, according to their refolutions, every baron was obliged, under fevere penalties, to appear in the field at the head of his vaffals. In thefe affemblies it was ufual to divide the plunder which had been gained by the army, to make fuch regulations as were intended to be effectual over the whole community, and to decide, in the laft refort, the lawfuits which arofe between the members of different baronies. The Rtman and Greek Jlates were originally of fmall extent, and the inhabitants, being collected in one city, were led in a (hort time to cultivate an acquaintance, and to incorporate in one fociety. The policy, which was eafily eflablifhed in fuch a limited territory, put a flop to thofe divifions fo prevalent among neighbouring tribes of barbarians. The animofity of different fami- lies was no longer cherifhed by reciprocal acts of hofti- lity : they were on the contrary united, on all occa- fions, 35 (ions, againft. the common enemies of the (late ; and as they had every incitement to maintain an intimate cor- refpondence with each other, the diftindYtons of fami- lies were foon extinguiftied and forgotten. The power of the chiefs, or nobility, which depended upon the attachment of their refpe&ive clans, was therefore quickly deftroyed ; and the monarch, who remained at the head of the nation without a rival to counterbalance his influence, had no difficulty in extending his autho- rity over the whole of his dominions. The more extenfive Jiates of Europe, eredted by the Gothic nations, were placed in a different fituation. - The numerous inhabitants, fcattered over a wide and often inacceflible country, were for a long time pre- vented from having much intercourfe with each other, and from correcting their ancient rude and barbarous cuftoms. The feveral tribes who had entered into an alliance were not thereby induced to lay afide their former jealoufies and feuds; and though fometimes united under a king in common expeditions, they were nalefs frequently divided by their private quarrels, and excited to follow their feveral barons in the com- miffion of mutual inroads and depredations. Thus F 2 every every kingdom was compofed of a great variety of parts 9 loofely combined together, and for feveral centuries may be regarded as a collefiion of f mall independent focieties, ra- ther than as one great political community.- 'The Jlow ad- vances which were afterwards made by the people towards a more complete union, appear to have been produftive of that feudal Subordination which has been the jubjcfl sf fi much inveftigation and controverfy. In thofe times of violence and diforder, when dif- ferent families were fo frequently at war, and lying in wait for opportunities to plunder and opprefs one an- other, the proprietors of fmall eftates were neceflarily expofed to many hardmips and calamities. Surrounded by wealthier and more powerful neighbours, by whom they were invaded from every quarter, and held in conftant terror, they could feldom indulge the hope of maintaining their pofleflions, or of tranfmitting them to their pofterity. Confcious, therefore, of their weak- nefs, they endeavoured to provide for their future fafety, by foliciting the aid of fome opulent chief, who appeared moft capable of defending them ; and, in order to obtain that protefiion which he afforded to his ancient retainers or vaflals, they were obliged to ren- 7 der 37 der themfelvcs equally fubfervient to his intereft, to re- linquifh their pretenjtons to independence, to acknowledge kirn as their leader, and to yield him that homage and fealty which belonged to a feudal fuperior. The nature of thefe important tranfa&ions, the folemnities with which they were accompanied, and the views and mo- tives from which they were ufuaily concluded, are fuf- ficiently explained from the copies or forms of thofc deeds which have been collected and handed down to us. THE VASSAL promifed, in a folemn manner, to the jurifdifiion of the fuperior, to rejide within his do- main, and to ferve htm in war, whether hejhould be en- gaged in profecuting his own quarrels, or in the common caufe of the nation. THE SUPERIOR, on the other hand, engaged to exert all his power and influence in protecting the vajfcl, in defending his poffcjjions, or in avenging his death, in cafe hejhould be ajfaffinated. Thus, by degrees, the feudal fyjlem was completed in moft of the countries of Europe. The whole of a kingdom came to be united in one great fief, of which the king was the fuperior, or lord paramount, having, in fome meafure, the property of all the land within his dominions. The great barons became his imme- diate vaflals, and, according to the tenure by which they they held their eftates, were fubjed to his jurifdidion, and liable to him in fervices of the fame nature with thofe which they expeded from their own retainers or inferior military tenants *. THE PROGRESS OF GOVERNMENT IN THE SEVE- RAL COUNTRIES OF EUROPE WAS SUCH AS MIGHT BE EXPECTED FROM THE INFLUENCE OF THOSE CHANGES WHICH I HAVE MENTIONED. WHEN- EVER AN INDEPENDENT PROPRIETOR HAD RE- SIGNED HIS PROPERTY, AND AGREED TO HOLD HIS LAND BY A FEUDAL TENURE, HE WAS NO LONGER ENTITLED TO A VOICE IN THE NATIONAL ASSEMBLY, BUT WAS OBLIGED TO FOLLOW THE DIRECTION OF THE SUPERIOR TO WHOM HE WAS LIABLE IN HOMAGE AND FEALTY. WE FIND, ACCORDINGLY, THAT IN FRANCE THE PUB- LIC ASSEMBLY WAS AT FIRST EXTREMELY NU- MEROUS, COMPREHENDING ALL THE DIFFERENT HEADS OF FAMILIES IN THE NATION. BY DE- GREES IT WAS AFTERWARDS REDUCED IN NUM- BER, AND CONFINED TO PERSONS OF SUPERIOR OPULENCE AND RANK, WHO WERE CALLED TO A SEPARATE CONFERENCE WITH THE KING. As THE NOBLES WERE THUS ADVANCING IN WEALTH AND * Millar. SPLEN- SPLENDOR, SO THEY CONTINUED FOR SEVERAL CENTURIES TO EXTEND THEIR INFLUENCE, AND TO INCREASE THEIR POWER AND PRIVILEGES.- THE GRADUAL DECAY OF ARISTOCRACY HAS AC- CORDINGLY BEEN REMARKED BY EVERY HISTO- RIAN WHO HAS GIVEN ANY GENERAL VIEW OF THEIR POLITICAL CONSTITUTION, SECT. 4 o ^=r SECT. IV. THE THREE SPECIES OF MODERN GOVERNMENTS. As a ferles of appeals muft be finite, there neceflarily exilts in every government a power from which the con- Jiitution has provided no appeal; and which power, for that reafon, may be termed abfolute, omnipotent, uncon- trollable, arbitrary, defpotic ; and is alike fo in all coun- tries. The perfon, or aflembly, in whom tbis power re- fides, is called the fovereign, or the fupreme power of ftate. Since to the fame power univerfally appertains the office of eftablifliing public laws, it is called alfo the le- gijlature of the ftate. A government receives its denomination from the form of the legijlature ; which form is likewife what we com- monly mean by the conftitution of a country. Political writers enumerate three principal forms of government, which, however, are to be regarded ra- ther ther as the fimple forms, by fome combination and in- termixture of which all adlual governments are com- pofed, than as any wheje exifting in a pure and ele- mentary ftate. Thefe forms are, I. Defpotifm, or ABSOLUTE MONARCHY, where the legijlature is in z Jingle perfon. II. An ARISTOCRACY, where the legijlature is in a fclcft ajjembly, the members of which either fill up by election the vacancies in their own body, or fucceed to their places in it by inheritance, property, tenure of cer- tain lands, or in refpeft of fome perfonal right or quali- fication. III. A REPUBLIC, or democracy, where the people at large, either colleftively or by rcprefentation> confti- tute the legijlature. The feparate advantages of MONARCHY are unity of council, activity, decifion, fecrecy, difpatch ; the military ftrength and energy which refult from thefe qualities of government ; the excluflon of popular and ariftocratical contentions ; the preventing, by a known rule of fucceflion, of all competition for the fupreme power ; and thereby reprefling the hopes, intrigues, and dangerous ambition of afpiring citizens. The mifcbiefs) or rather the dangers, of MONARCHY, F are are tyranny, expence, exaction, military domination ; imnecefiary wars waged to gratify the paffions of an in- dividual; riik of the character, of the reigning prince ; ignorance in the governors of the interefts and accom- modation of the people, and a confequent deficiency of falutary regulations ; want of conllancy and uniformity in the rules of government, and, proceeding from thence, infecurity of perfon and property. The feparate advantage of an ARISTOCRACY confifls in the wifdom which may be expected from experience and education a permanent council naturally poflefles experience; and the members, who fucceed to their places in it by inheritance, will, probably, be trained and educated with a view to the ftations which they are deftined by their birth to occupy. The mifchiefs of an ARISTOCRACY are, diflenfions in the ruling orders of the ftate, which, from the want of a common fuperior, are liable to proceed to the moft defperate extremities ; oppreflion of the lower orders by the privileges of the higher, and by laws partial to the feparate interefts of the law makers. The advantages of a REPUBLIC are, liberty, or exemp- tion from needlefs reftrictions ; equal laws ; regulations adapted to the wants and circumftances of the people ; public 43 public fpirit, frugality, averlenefs to war; the oppor- tunities which democratic aflemblies afford to men of every defcription, of producing their abilities and coun- cils to public obfervation, and the exciting thereby, and calling forth to the fervice of the commonwealth, the faculties of its bed citizens. The evils of a REPUBLIC are, diffenfions, tumults, fac- tion ; the attempts of powerful citizens to pojjefe themfehes of the empire ; the confujion, rage, and clamour which are the inevitable conferences of ajjembling multitudes, and of propounding quejlions of Jlate to the difcujfion of the people ; the delay and difclofure of public councils and de/igns ; and the imbecility of meafures retarded by the neceffity of obtain- ing the confent of numbers : lajily, the opprejjion of the provinces which are not admitted to a participation in the legislative power, A MIXED GOVERNMENT is compofed by the combi- nation of two or more of the fimple forms of government above defcribed and, in whatever proportion each form enters into the conftitution of a government, in the fame proportion may both the advantages and evils, which we have attributed to that form, be expected; that is, thofe are the ufes to be maintained and cultivated in each part fcf the conftitution, and thefe are the dangers to be pro- F 2 vided 44 vided againft in each. Thus, if fecrecy and difpatch be truly enumerated amongft the feparate excellencies of regal government ; then a mixed government, which re- tains monarchy in one part of its conftitution, fliould be careful that the other eftates of the empire do not, by an officious and inquifitive interference with the execu- tive fund-lions, which are, or ought to be, referved to the administration of the prince, interpofe delays, or di- vulge what it is expedient to conceal. On the other hand, if profit/ion, exafiion, military domination, and need- lefs wars, be juftly accounted natural properties of mo- narchy, in its fimple unqualified form ; then are thefe the objects to which, in a mixed government, the arif- tocratic and popular parts of the conftitution ought to direct their vigilance ; the dangers againft which they fhould raife and fortify their barriers : thefe are depart- ments of fovereignty, over which a power of mfpection and control ought to be depofited with the people. The fame obfervation may be repeated of all the other advantages and inconveniencies which have been afcribed to the feveral fimple forms of government ; and affords a rule whereby to direct the conftruction, improve- ment, and adminiftration of mixed governments, fub- jected however to this remark, that a quality fometimes refults 45 refults from the conjunction of two fimple forms of go- vernment, which belongs not to the feparate exiftence of either : thus corruption, which has no place in an ab- folute monarchy, and little in a pure republic, is fure to gain admiffion into a conftitution, which divides the fupreme power between an executive magiflrate and a popular council. An hereditary MONARCHY is univerfally to be pre- ferred to an elettive monarchy. The confeflion of every writer upon the fubjec~t of civil government, the expe- rience of ages, the example of Poland, and of the papal dominions, feem to place this amongft the few indubit- able maxims which the fcience of politics admits of. A crown is too fplendid a prize to be conferred upon merit. The paffions or interefts of the electors exclude all con- fideration of the qualities of the competitors. The fame obfervation holds concerning the appointment to any of- fice which is attended with a great {hare of power or emolument. Nothing is gained by ct popular choice worth the dijfenjions, tumults, and interruption of regular induf- try, with which it is infeparably attended. Add to this, that a king, who owes his elevation to the event of a c on- tejl> or to any other caufe than a fixed rule of fucceflion, apt to regard one part of his fubjefts as the officiates of 4 6 of his fortune, and the other as conquered foes. Nor mould it be forgotten, amongft the advantages of an hereditary monarchy, that as plans of national improvement and reform are feldom brought to maturity by the exertions of a fmgle reign, a nation cannot attain to the degree of happinefs and profperity to which it is capable of be- ing carried, unlefs an uniformity of councils, a confift- ency of public meafures and defigns, be continued through a fucceflion of ages. This benefit may be ex- pedted with greater probability, where the fupremc power defcends in the fame race, and where each prince fucceeds, in fome fort, to the aim, purfuits, and difpo- fltion of his anceftor, than if the crown, at every change, devolve upon a ftranger ; whofe firft care will com- monly be to pull down what his predeceffor had built up ; and to fubftitute fyflems of adminiftration, which muft, in their turn, give way to the more favourite no- velties of the next fucceffor. ARISTOCRACIES are of two kinds, firjl, where the power of the nobility belongs to them in their collective capacity alone ; that is, where although the govern- ment refide in an affembly of the order, yet the mem- bers of that affembly feparately and individually poffefs BO authority or privilege beyond the reft of the commu- nity : 47 nity: this defcribes the constitution of VENICE. Se- tsndly, where the nobles are feverally invefted with great perfonal power and immunities, and where the power of the fenate is little more than the aggregated power of the individuals who compofe it : this is the conflitution of POLAND. Of thefe two forms of govern- ment, the fajl is more tolerable than the lajl ; for al- though the members of a fenate fhould many, or even all of them, be profligate enough to abufe the authority of their ftations in the profecution of private defigns, yet, not being all under a temptation to the fame injuftice, not having all the fame end to gain, it would (till be dif- ficult to obtain the confent of a majority, to any fpecific a6t of oppreffion, which the iniquity of an individual might prompt him to propofe : or if the will were the fame, the power is more confined ; one tyrant, whether the tyranny refide in a fmgle perfon, or a fenate, can- not exercife oppreffion at fo many places at the fame time, as it may be carried on by the dominion of a nu- merous nobility over their refpeclive vaflals and depend- ents. Of all fpecies of domination this is the moft odi- ous : the freedom and (atisfaciion of private life are more conftrained and haraffed by it, than by the moil vex- atious laws, or even by the law lets will of an arbitrary monarch ; monarch ; from whofe knowledge, and from whofe in- juftice, the greateft part of his fubjedh are removed by their diftance, or concealed by their obfcurity. Europe exhibits more than one modern example where the people, aggrieved by the exaflions, or provoked by the enormities y of their immediate fuperiors, have joined luith the reigning prince in the overthrow of the arijlocracy, de- liberately exchanging their condition for the miferies of defpotifm. About the middle of the laft century, the commons of DENMARK, weary of the oppreffions which they had long fuffered from the nobles, and exafpe- rated by fome recent infults, prefented themfelves at the foot of the throne, with a formal offer of their confent to eftablifhed unlimited dominion in the king. The revolution in SWEDEN, ftill more lately brought about with the acquiefcence, not to fay the afliftance, of the people, owed its fuccefs to the fame caufe, namely, to the profpeft of deliverance, that it afforded, from the tyranny which their nobles exercifed under the old con- ftitution. In ENGLAND the people beheld the depreffi on of the barons, under the houfe of Tudor, with fatif- faclion, although they faw the crown acquiring thereby a power, which no limitations, that the conftitution had then provided, were likely to confine. The leflon to 49 to be drawn from fuch events is this, that a mixed go- vernment, which admits a patrician order into its con- ftitution, ought to circumfcribe the perfonal privileges of the nobility, efpecially claims of hereditary jurifdic- tion and local authority, with a jealoufy equal to the fo- licitude with which it provides for its own prefervation. For nothing fo alienates the minds of the people from the government under which they live, as a perpetual fenfe of annoyance and inconveniency ; or fo prepares them for the practices of an enterprifing prince, or a fadlious demagogue, as the abufe which almoft always accom* panies the exiftence of feparate immunities. Amongft the inferior , but by no means inconjideralle, advantages of a DEMOCRATIC CONSTITUTION, or of a conftitution in which the people partake of the power of legiflation, the following jfhould not be negle&ed. I. The dire (lion which it gives to the education, Jlu- dies, and purfuits of the fuperior orders of the commu- nity. The {hare which this has in forming the public manners and national charafier is very important. In countries, in which the gentry are excluded from all concern in. the government, fcarce any thing is left which leads to advancement, but the profeflion of arms. They who do not addid themfelves to this profeflion G (and (and miferabie mull that, country be, which conftamly employs the military fervice of a great proportion of any order of its fubjets) are commonly loft by the mere \vant of object and deftination ; that is, they either fall, without referve, into the moft fottifh habits of animal gratification, or entirely devote themfelves to the attain- ment of thofe futile arts and decorations, which com* pofe the bufinefs and recommendation of a court : on the ether band, where the whole, or any effective portion of civil power is poffefled by a popular aflembly, more ferious purfuits will be encouraged, purer morals, and a more intellectual character, will engage the public efteem ; thofe faculties, which qualify men for deliber- ation and debate, and which are the fruit of fober ha- bits, of early and long continued application, will be roufed and animated by the reward, which, of all others, moft readily awakens the ambition of the human mind, political dignity and importance. II. Popular eleffions procure to the common people courte- fy from their fuperiors. That contemptuous and over- bearing in.folence, with which the lower orders of the community are wont to be treated by the higher, is greatly mitigated where the people hzvefometbing to give. The affiduity, with which their favour is fought upon 7 thefe thefc occafions, ferves to generate fettled habits of con* defcenfion and refpecl ; and as human life is more em" bittered by affronts than injuries, whatever contributes to procure mildnefs and civility of manners towards thofe who are moft liable to fuffer from a contrary behaviour, corrects, with the pride, in a great meafure the evil of inequality, and deferves to be accounted amongft th mofl generous inftitutions of focial life. III. The fatisfatlion which the people In free govern- ments derive from the knowledge and agitation of poli- tical fubjefts ; fuch as the proceedings and debates of the fenate ; the conduct and character of minifters ; the re- volutions, intrigues, and contentions of parties ; and, in general, from the difcuffion of public meafures, quef- tions, and occurrences. Subjects of this fort excite juft enough of intereft and emotion, to afford a moderate engagement tothe thoughts, without rifmg to any painful degree of anxiety, or ever leavingafixed oppreffion upon the fpirits : and what is this, but the end and aim of all thofe amufements, which compofe fo much of the bufl- nefs of life and the value of riches? For my part, and I believe it to be the cafe with mojl men, who are arrived at the middle age, and occupy the middle cfajjis of life \ had I all the money, which I pay i taxes to goi-eminent, a{. It- Q ^ ktrty forty to lay out upon amufcment and diver/ion, I know not whether I could make choice of any, in which IJhouldfind greater pleafure, than what I receive from expefting, hear- ing, and relating public news ; reading parliamentary de- bates, and proceedings ; canvajjing the political arguments, projects, predifiions, and intelligence, which are conveyed, by various channels, to every corner of the kingdom. -Thefe topics, exciting univerfal curiofity, and being fuch a almofl every man is ready to form, and prepared to de- liver their opinion about, greatly promote, and, I think, Improve conversation. They render it more rational and more innocent. They fupply a fubftitute for drinking , gaming, fcandal, and obfcenitv. Now the fecrecy, the jealoufy, the folitude, and precipitation of defpotic go- vernments, exclude all this. But the lofs, you fay, is * trifling.- I know that it is poflible to render even the mention of it ridiculous, by reprefenting it as the idle employment of the mojl infignijicant part of the nation, the folly of village-jlatcfmen, and cojfee-houfc politicians; but I allow nothing to be a trifle, which minifters to the harm- lefs gratification of 'multitudes ; nor any order of men to be injtgnificant, whofe number bears a rejpeftable proportion t fhefum of the whole community*. * Paley. THE 53 THE PRINCIPLE OF THE DIFFERENT FORMS OF GOVERNMENT, SECT. V, PUBLIC VIRTUE THE SUPPORT OF A DEMOCRACY, 'Therels no greatjhare of probity nee effary tofupport a MO- NARCHICAL or DESPOTIC GOVERNMENT. The force of laws in the one, and the prince's arm in the other, are Jufficient to direft and maintain the whole.- But in a PO- PULAR STATE, one fyring more is necejjary, namely, VIRTUE. What I have here advanced is confirmed by the una- nimous teflimony of hiftorians, and is extremely agree- able to the nature of things. For it is clear, that in a MONARCHY, where he who commands the execution of the laws, generally thinks himfelf above them, there is lefs need of virtue than in a POPULAR GOVERNMENT, where |the pcrfon entrujled with the execution of the laws, is fen- ble of his being fubjeft to their direfiion, Clear Clear it is, alfo, that a MONARCH, who through bad advice or indolence ceafesto enforce the execution of the laws, may eafily repair the evil; he has only to follow other ad- vice; or to {hake off this indolence. But when, in a PO- PULAR GOVERNMENT, there is afufpenjion of the laws, as this can proceed only from the corruption of the repub- lic, the Jlate is certainly undone. A very curious fight it was in the laft century to behold the impotent efforts of the Englijh towards the efta- blifhment of democracy. As they who had a fhare in the direction of public affairs were devoid of virtue ; as their ambition was inflamed by the fuccefs of the mod daring of their members a ; as the prevailing parties were fuccefiively animated by the fpirit of faction, the govern- ment was continually changing ; the people, amazed atjy many revolutions, in vain attempted to erefl a common- wealth. AT LENGTH, WHEN THE COUNTRY HAD UNDERGONE THE MOST VIOLENT SHOCKS, THEY WERE OBLIGED TO HAVE RECOURSE TO THE VERY GOVERNMENT WHICH THEY HAD SO WANTONLY PROSCRIBED. When Sylla thought of reftoring Rome to her liberty, this unhappy city was incapable of that blejjing. She had Cromwell. only only the feeble remains of virtue, which were continu- ally d'im'inijinng : inftead of being roufed out of her le- thargy by Csefar, Tiberius, Caius, Claudius, Nero, Domitian, Ihe riveted every day her chains; if fhe jlruck fame blows, her aim was at the tyrant, but not at the ufitrpation. WHEN VIRTUE is BANISHED, AMBITION INVADES THE MINDS OF THOSE WHO ARE DISPOSEDTO RECEIVE IT, AND AVARICE POSSESSES THE WHOLE COMMUNITY. THE OBJECTS OF THEIR DESIRES ARE CHANGED ; WHAT THEY WERE FOND OF BEFORE, IS BECOME IX- DIFFERENT; THEY WERE FREE, WHILE UNDER THT. RESTRAINT OF LAWS, BUT THEY WOULD FAIN NOW BE FREE TO ACT ACAINST LAW ; AND AS EACH CI- TIZEN IS LIKE A SLAVE WHO HAS RUN AWAY FROM HIS MASTER, WHAT WAS A MAXIM OF EQUITY, HE CALLS RIGOUR ; WHAT WAS A RULE OF ACTION, HE STILES CONSTRAINT; AND TO PRECAUTION HE GIVES THE NAME OF FEAR. FRUGALITY, AND NOT THE THIRST OF GAIN, NOW PASSES FOR AVARICE. FoR- MER.LY THE WEALTH OF INDIVIDUALS CONSTITUTED THE PUBLIC TREASURED BUT NOW THIS IS BECOME THE PATRIMONY OF PRIVATE PERSONS. Tl-IE MEM- BERS OF THE COMMONWEALTH RIOT ON THfi PUBLIC SPOILS, SPOILS, AND ITS STRENGTH IS ONLY THE POWER Of A FEW, AND THE LICENTIOUSNESS OF MANY. ATHENS was poflefled of the fame number of forces, when {he triumphed fo glorioujly, and when with fo much infamy {he was en/laved. She had twenty tboufand citi- zens 1 , when Jhe defended the Greeks againft the PER- SIANS, whenfle contended for empire with SPARTA, and invaded SICILY. She had twenty thoufand when DEME- TRIUS PHALEREUS numbered them* , as flaves are told by the head in a market place. IVhen PHILIP attempted ta lord It ever Greece, and appeared at the gates of Athens c , Jhe had even then loft nothing but time. We may fee in Demofthenes how difficult it was to awaken her : {he dreaded Philip, not as the enemy of her liberty, but of her pleafures*. This FAMOUS CITY, which had withftood fo many defeats, and after having been fo often deftroy- ed, had as often rifen out of her ames, was overthrown at CH.ERONEA, and at one blow deprived of all hopes of refource. What does it avail her, that Philip fends back her piifoners, if he does not return her men ? It was ever a Plutarch, Life of Pericles, Plato in Critia. b She had at that time twenty-one thoufand citizens, ten thoufand flran..- ers, and four hundred thoufand flaves. 'See Athenaeus, Book 6. c She had then twenty thoufand citileus. See Demofthenes in Ariftog. d They had faffed a law, which rendered it a capital crime for any one t propofc applying the money defigned for the theatres to military fervice. after 57 after as eafy to triumph over the Athenian forces, as it had been difficult to fubdue her virtue. How was it poj/ible for Carthage to maintain her ground? When HANNIBAL, upon his being made Pr&tor, en- deavoured to hinder the magiftrates from plundering the republic, did not they complain of him to /^ROMANS ? Wretches, who would fain be citizens without a city, and beholden for their riches to their very deftroyers! ROME foon infifted upon having three hundred of their principal citizens as hoftages ; fhe obliged them next to furrender their arms and fhips, and then fhe declared war.*.- From the defperate efforts of this defencelefs city, one may judge ofwhatjhe might have performed in her full vigour, and ajjijled by virtue*. Thi lafted three ytars. h Montefquieu. H SECT. SECT. VI. PUBLIC VIRTUE IS IN A LESS DEGREE ESSENTIAL TO AN ARISTOCRACY. As virtue is neccjjary in a POPULAR GOVERNMENT, it is requifite alfo under an ARISTOCRACY. True it is, that in the latter is not fo abfolutely requljite. The people, who in refpedt to the nobility are the fame as the fubjects with regard to a monarch, are rejlraincd by their laws. They have, therefore, lefs occafion for virtue than the people in a democracy. But how are the nobility to be rcjlraincd? They who are to execute the laws againft their cplleagues, will immediately perceive they are acYmg againft thcmfelvcs. VIRTUE is therefore necefiary in this body, from the very nature of the conftitution. An ARISTOCRATICAL GOVERNMENT has an inherent vigour, unknown to democracy. The nobles form a bo- dy, who by their prerogative, and for their own parti- cular intereft, rejlrain the people ; it is fufficient, that there are laws in being to have them executed. But 59 But eafy as it may be for the body of the nobles to re- ftrain the people, reftraints will with difficulty reach the legiflative body. Such is the nature of the conftitution, that itfeems tofubjecJ the very fame perfom to the power of the laws, and at the fame time to exempt them. 'Public crimes* may indeed be puni/hed, becaufe it is here a com" man concern ; but private crimes will go ur.punt/hed, be- caufe it is the common inttrcjl not to punlfh tfxm. Now fuch a body as this will rejlraln itfelf only two ways ; either by a very eminent virtue, which puts the nobility in fome meafure on a level with the people, or by an inferior virtue, which puts them at leafl upon a level with one another, and on this their prefervation depends. Moderation is therefore the very foul of this govern- ment; a moderation I mean founded on virtue, not that which proceeds from indolence and pufillanimity*. * Though all crimes be in their own nature public, yet there is a dijtinfflcn between crimet really public, and tbefe that are private, which are fo (ailed, icccttfe they mre mere injurious to indi-vlduah (ban ta tbt ctminutiity. H 2 SECT. 6o SECT. VII. .HONOUR THE STAY OF MONARCHY. A MONARCHICAL GOVERNMFNT fuppofeth, 3S WC have already obferved, pre-eminences and ranks, as like- wife a noble defcent. Now fmce it is the nature of ho- nour to afpire to preferments and titles, it is properly placed in this government. Ambition is pernicious in a republic. But in a mo- narchy it has fome good effects ; it gives life to the go- vernment, and is attended with this advantage, that it is no way dangerous, becaufe it will be continually checked. It is with this kind of government as with the fyftem of the univerfe, in which there is a power that con- ftantly repels all bodies, from the center, and a power of gravitation that attracts them to it. HONOUR^* all the parts of the body politic in motion f and by its very acl'ion conncfis them; thus each individual advances the public good, while he only thinks of promoting his own intcrejl. True 6i True it is, that, philofopkically fpeaking, it is a falfe honour which moves all the parts of this government; but even this falfe honour is as ufeful to the public as true honour could poflibly be to private people. Is it not a very great point to oblige men to perform the moji difficult aflions, fuch as require an extraordinary exertion of fortitude and refolution, without any other recommence, than that of GLORY and APPLAUSE ? VIRTUE IS NOT ESSENTIAL TO A MONARCHICAL GOVERNMENT. IN MONARCHIES policy cffefts great things with as lit" tie virtue as pojjible. Thus in the niceft machines art has reduced the number of movements, fprings, and wheels. The Jlate fub/ijls independent of the love of our country, of the thirji of true glory, of fe If -denial, of the facrifice of our dcarcjl interejls, and of all thofe heroic virtues which we admire in the ancients, and to us are known only by Jlory. The laws fupply here the place of thofe virtues ; they arc 62 are by no means wanted, and the fbte difpenfes with them. I beg that no one will be offended with what I am going to fay ; my obfervations are founded on the una- nimous tefiimony of hiftorians. 1 am not ignorant that a virtuous frince is no fucb very rare lnjlauce\ but I ven- ture to affirm, that in a monarchy it is extremely difficult for the -people to be virtuous a . LET US COMPARE WHAT THE HISTORIANS OF ALL AGES HAVE ASSERTED CONCERNING THE COURTS OF MONARCHS; LET US RECOLLECT THE CONVERSATIONS A*D SENTIMENTS OF PEOPLE OF ALL COUNTRIES IN' RESPECT TO THE WRETCHED CHARACTER OF COUR- TIERS; AND WE SHALL FIND THAT THESE ARE NOT AIRY SPECULATIONS, BUT TRUTHS CONFIRMED BY A SAD AND MELANCHOLY EXPERIENCE. AMBITION IN IDLENESS; MEANNESS MIXED WITH PRIDE; A DESIRE OF RICHES WITHOUT INDUSTRY; AVERSION TO TRUTH ; FLATTERY, PERFIDY, VIO- LATION OF ENGAGEMENTS, CONTEMPT OF ALL CI- I VIL DUTIES, FEAR OF THE PRINCE S VIRTUE, HOPE FROMHISWEAKNESS,BUT,ABOVEALL, A PERPETUAL * I fpeak htre of political vhtue, vhkh is alfo moral virtue as it i; vii- rcted to the public good. RIDICUI.h RIDICULE CAST UPON VIRTUE, ARE, I THINK, THE CHARACTERISTICS BY WHICH MOST COURTIERS IN- ALL AGES AND COUNTRIES HAVE BEEN CONSTANTLY DISTINGUISHED. Now IT IS EXCEEDING DIFFICULT FOR THE LEADING MEN OF THE NATION TO BE KNAVES, AND THE INFERIOR SORT TO BE HONEST; FOR THE FORMER TO BE CHEATS, AND THE LAT- TER TO REST SATISFIED WITH BEING ONLY DUPES. But if there fliould chance to be fome unlucky honcft man* among the people, CARDINAL RICHELIEU, in his political teftament, feems to hint, that a prince fhould take care not to employ him b . So true is it, that vir- tue is not the fpring of this government ! It is not in- deed excluded, but it is not the fpring of government. But it is high time for me to have done with this fub- je&, left I fhould be fufpe&ed of writing a fatire againft monarchical government. Far be it from me ; if mo- narchy wants one fpring, it is provided with another. HONOUR, that is, the prejudice of every perfon and rank, fupplieth the place of the political virtue, of which I have been fpeaking, and is every where her repre- * This is to be underftood in the fenfe of the preceding note. b We rauft not, lays he, employ fuch men ; they are too rigid and mo- rof. fentative : 6 4 fentative : here it is capable of infpirittg the moft glorious aftions, and, joined with the force of laws, may lead us to the end of government as well as virtue itfelf. Hence, in well regulated monarchies, we find often good fubje&s, and very few good men ; for to be a good man a , a good intention is neceflary, and we fhould love our country not fo much on our own account, as out of regard to the community b . This word good man is underftood here in a political fenfe ottfj. * Montcf^uieu. SECT. SECT. VIII. FEAR IS THE PRINCIPLE OF A DESPOTIC STATE. As virtue is neceflary in a REPUBLIC, and in a MO- NARCHY honour, fa fear is neceflary in a DESPOTIC GO- VERNMENT. With regard to virtue, there is no occajion for it, and honour would be extremely dangerous. Here the immenfe power of the prince is devolved entirely upon thofe whom he is pleafed to intruft with the adminiuration. Perfins capable of Jetting a value upon themfelves, ivould be likely to create di/lurbances. Fear muft therefore deprcfs their fpirits, and extingu'ijjj even the leajl fenfe of ambition. A MODERATE GOVERNMENT may, whenever it pleafes, and without the leaft danger, relax its fprings. It fupports itfelf by the laws, and by its own internal Jlrength. But when a dcfpotic prince ceafes one Jingle mo- ment to lift up his arm, when he cannot injlantly dcmoTi/h thofe whom he has entrujlcd with the firjl employments a , * As it often happens in A military ariftocracy. J all 66 all is over: for as fear, the fpring of this government, no longer f ubiifts, the people are left without a re- ft raint. IT IS NECESSARY THAT THE PEOPLE SHOULD BE JUDGED BY LAWS, AND THE GREAT MEN BY THE CAPRICE OF THE PRINCE; THAT THE LIVES OF THE LOWEST SUBJECT SHOULD BE SAFE, AND THE EA- SHAW'S HEAD EVER IN DANGER. We cannot mention thefe monjlrous governments without horror, The Sophi of Perfia, dethroned in our days by Mahomet, the fon of Miriveis, faw the conftitution fubverted before this revolution, becaufe he had been too fparing of blood a . Hiftory informs us, that the horrid cruelties of Domi- tian flruck fuch a terror into the governors, that the people were fafe under his reign. Thus a torrent overflows one fide of a country, and on the other leaves fields untouched, where the eye is refrefhed by the profpect of fine meadows. a See the hiftory of this revolution by Father Ducerceau. HONOUR HONOUR IS NOT THE PRINCIPLE OF A DESPOTIC GOVERNMENT. Honour is far from being the principle of a defpotic go- vernment: mankind being here all upon a level, no one perfon can prefer himfelf to another ; and as they are ail flaves, there can be no fort of preference. Befides, - as honour has its laws and rules ; as It knows not how tofubmit; as It depends in a great meafure on a mans own caprice, and not on that of another perfon ; it can be found only in countries in which the conjlitution is fixed, and where they are governed by fettled laws. How can defpotifm bear with honour? This glories in the contempt of life; and that is founded in the power of taking it away. How can honour, on the other hand, bear with defpotifm ? The former has \\!& fixed rules, and peculiar caprices ; but the latter is dire&ed by no rule, and its own caprices are fubverjive of all others. Hence, Honour, though it is the prevailing principle in monarchies, and gives life to the whole body poli- tic, to the laws, and even to the virtues themfelves, muft be a thing unknown in arbitrary governments, fome of which have not even a proper word to exprefs it a . a Sec Perry, p. 47. I 2 THE 68 THE CORRUPTION I O F T H E PRINCIPLES OF THE THREE GOVERNMENTS. SECT. IX. OF THE CORRUPTION OF THE PRINCIPLES OF DEMOCRACY. THE PRINCIPLE of DEMOCRACY is corrupted not only when the fplrlt of equality is extinft, but likeivifc when men fall into afpirit of extreme equality, and when each citizen would fain be upon a level with thofe whom he haschofen to command him. THEN THE PEOPLE, IN- CAPABLE OF BEARING THE VERY POWER THEY HAVE DELEGATED, WANT TO MANAGE EVERY THING THEMSELVES, TO DEBATE FOR THE SENATE, TO EXECUTE FOR THE MAGISTRATE, AND TO DECIDE FOR THE JUDGES. IVhen this is the cafe, VIRTUE can no longer fubjift in the republic. THE POPULACE ARE DESIROUS OF EXER- CISING THE FUNCTIONS OF THE MAGISTRATES; WHO- CEASE TO BE REVERED. THE DELIBERATIONS OF THE SENATE ARE SLIGHTED ; ALL RESPECT IS THEN LAID LAID ASIDE FOR THE SENATORS, AND CONSEQUENT- LY FOR OLD AGE. IF THERE IS NO MORE RESPECT FOR OLD AGE, THERE WILL BE NONE PRESENTLY FOR PARENTS ; DEFERENCE TO HUSBANDS WILL BE LIKE- WISE THROWN OFF, AND SUBMISSION TO MASTERS. THIS LICENTIOUSNESS WILL SOON BECOME GENE- RAL; AND THE TROUBLE OF COMMAND BE AS FA- TIGUING AS THAT OF OBEDIENCE. WlVES, CHILD- REN, SERVANTS, WILL SHAKE OF ALL SUBJECTION. No LONGER WILL THERE BE ANY SUCH THINGS AS MANNERS, ORDER, OR VIRTUE. We find in Xenophons Banquet a very lively defcrip- tion of a REPUBLIC in which the people abufed their equality. Each gueft gives in his turn the reafon why he is fatisfied. " Content I am" fays Chamides, " be- *' caufe of my poverty. WHEN I WAS RICH, / was " obliged to pay my court to informers, knowing I was " more liable to be hurt by them, than capable of doing " them harm. 'the republic conjlantly demanded feme " new tax of me ; and I could not decline paying. SINCE " I AM GROWN POOR, / have acquired authority; no- ** body threatens me; I rather threaten others. >I can go " orjlay where Ipleafe. The rich already rife from their ** feats and give me the way. I am a king, I was before a " Jlave: " Jlavei. I paid taxes to the republic, now It maintains " me: I am no longer afraid of lying; but I hope to ac~ " quire." THE PEOPLE FALL INTO THIS MISFORTUNE, WHEN THOSE IN WHOM THEY CONFIDE, DESIROUS OF CON- CEALING THEIR OWN CORRUPTION, ENDEAVOUR TO CORRUPT THEM. To DISGUISE THEIR OWN AMBI- TION, THEY SPEAK TO -THEM ONLY OF THE GRAN- DEUR OF THE STATE ; TO CONCEAL THEIR OWM AVARICE, THs-'Y INCESSANTLY FLATTER THEIRS. The corruption will increafe among the corrapters, and likewife among thofe who are already corrupted The people will divide the public money among them- felves, and having added the adipiniftration of affairs to their indolence, will be for blending their poverty with the amufements of luxury. But with their indolence and luxury, nothing but the public treafure will be able to fatisfy their demands. We muft not be furprifed to fee their fuffrages given for money. It is impoflible to make great largefles to the people without great extortion : and to compafs this, the ftate muft be fubverted. The greater the advan- tages they feem to derive from their liberty, the nearer they approach towards the critical moment of lofmg it. 7 Petty Petty tyrants arife, who have all the vices of a Jungle tyrant. 'The fmall remains of liberty foon become itnfup- portable ; a Jingle tyrant Jlarts up, and the people are Jlripped of every thing, even of the profits of their cor- ruption. DEMOCRACY hath therefore two exccffis to avoid, the fpirit of inequality, which leads to ariftocracy or mo- narchy ; and the fpirit of extreme equality, which leads to defpotic power. True it is, that thofc who corrupted the GREEK RE- PUBLICS did not always become tyrants. This was be- caufe they had a greater paj/ion for eloquence than for the military art. Befides there reigned an implacable hatred in the breafts of the Greeks againit thofe who fubverted a republican government ; and for this reafon anarchy degenerated into annihilation, nijlead of being changed intt tyranny. But SYRACUSE, being fituated in the midft of a great number of petty ftates, whofe government had been changed from oligarchy to tyranny ; and being governed by a fenate * fcarce ever mentioned in hiftory, under- went fuch miferies as are the confequence of a more than ordinary corruption. Ttyis city, ever a prey to li- It was that of the fix hundred, of whom mention is m.ide by Diodorus. centioufnefs centioufnefs or oppreffion, equally labouring under the fudden and alternate fucceffion of liberty and fervitudc, and notwithstanding her external Strength, conftantly determined to a revolution by the leaft foreign power : THIS CITY, I SAY, HAD IN HER BOSOM AN IMMENSE MULTITUDE OF PEOPLE, WHOSE FATE IT WAS TO HAVE ALWAYS THIS CRUEL ALTERNATIVE, EITHER OF CHOOSING A TYRANT TO GOVERN THEM, OR OF ACTING THE TYRANT THEMSELVES. GREAT fuccefs, efpecially when chiefly owing to the people, intoxicates them to fuch a degree that it is impoflible to contain them within bounds. JEALOUS OF THEIR MAGISTRATES, THEY SOON BECAME JEA- LOUS LIKEWISE OF THE MAGISTRACY; ENEMIES TO THOSE WHO GOVERN, THEY SOON PROVE ENEMIES ALSO TO THE CONSTITUTION. Thus it was that the victory over the Perfians in the Straits of Salamis cor- rupted the republic of Athens ; and thus the defeat of the Athenians ruined the republic of Syracufe. SECT. 73 SECT. X. OF THE CORRUPTION OF THE PRINCIPLE OF AN ARISTOCRACY. An ARISTOCRACY is corrupted If the power of the no- bles become arbitrary : when this is the cafe, there can no longer be any public virtue either in the governors or the governed. If the reigning families obferue the laws, it is a mo- narchy with feveral monarchs, and in its own nature one of the moft excellent \ for almoft all thefe monarchs are tied down by the laws. But when they do not ob- ferve them, it is a defpotic Jlate fwayed by a great many defpotic princes. The extremity of corruption is when the power of the nobles becomes hereditary ; for then they can hardly have any moderation. If they are only afew, their power is greater , but their fecurity lefs ; if they are a larger num- ber, their power is tefs, and their fecurity greater: info- much that power goes on increajing, and fecurity diml- K 74 nfhlng, up to the very dtfpotlc prince who is encircled with excefs of power arid danger. The great number therefore of nobles in an heredi- tary artflocracy renders the government lefs violent : but as there is lefs virtue, they fall into a fpirit of fupine- nefs and negligence, by which the flate lofes all its ftrength and activity. An ARISTOCRACY may maintain the full vigour of its confVitution, if the laws be fuch as are apt to render the nobles more fenfible of the fcrifs and fatigues, than of tiitflcafure of command : and if the government be in fuch a fituation as to have fometh'mg to dread, while fecunty flickers under its protection, and uncertainty threatens from abroad. As a certain kind of confidence forms the glory and (lability of monarchies, republics on the contrary mud have fomething to apprehend 2 . A fear of the PERSIANS fupported the laws of GREECE. GARTH AGE and ROME were alarmed and ftrengthened by each other. Strange, that the greater fecunty thofe itates enjoyed, the more, like ftagnated waters, they were fubjedt to corruption ! h a Jultin attributes the extinction of Athenian virtue to the death of Epa- minandos. Having no farther emulation, they fpent their revenues in feafts, frequentius ccenam, quam cafira vifintet. Then it was that the Macedonians rmerged from obfcurity, 1. 6. b Mont, 3 SECT. 75 SECT. XL OF THE CORRUPTION OF THE PRINCIPLE OF A MONARCHY. As DEMOCRACIES are fubverted when the people defpoil the fenate, the magijirates, and judges, of their funff ions ; fo MONARCHIES are corrupted when the prince tnfenjibly deprives focieties or cities of their privileges. In the former cafe the multitude ufurp the power, in the latter it is ufurpecl by * Jingle perfon. " The deJlrucTion of the Dynajlics ofTjin and So ///'," fays a Chinefe author, " was owing to this ; the princes, ** infiead of confining themfelves like their ancejlors, to a '* general infpeffion, the only one worthy of a fovereign, " wanted to govern every thing IMMEDIATELY BY " THEMSELVES." The Chinefe author gives us in this inftance, the caufe of t'le corruption of almoll all monarchies. MONARCHY is dcjlroyed, when a prince thinks he ihews a greater exertion of power in changing than in conforming to the order of things; when lie deprives fome K 2 of 7 6 of his fubjects of their hereditary employments to beftow them arbitrarily upon others ; and when he is fonder of being guided by fancy than judgment. Again, ;/ is deflroyed when the prince, directing every thing entirely to HIMSELF, calls thejlate to his capital, the capital to his court, and the court to his own perfen. It is dejlroyed, in fine, when the prince miftakes his authority, his Jituation, and the love of his feople ; and when he is not fully perfuaded that a monarch ought to think himfelf fecure, as a defpotic prince ought to think himfelf in danger. 'The principle of monarchy is corrupted, when the fir/I dignities are marks of the firjl fervitude, when the great men are deprived of public refpeft, and rendered the low tools of arbitrary power. // is Jiill more corrupted, when honor is fet up in con- tradiction to honors, and when men are capable of being loaded at the very fame time with infamy 1 and with dignities. a Under the reign of Tiberius ftatues were erected to, and triumphal or- naments conferred on, informers; which debafed thefe honours to fuch a de- gree, that thofe who had really merited them difdained to accept of them. See in Tacitus in what manner Nero, on the difcovery and punifhment of a pretendd confpiracy, beftowed trumphal ornaments on Petronius Terpilianus, Nerva, and Tigellinus. Annal. book 14. See likewife how the generals re- fufed to ferve, becaufe they contemned the military honors, fervulgat'n trl- trtfbi ttipgnibits, Tacit. Annal. book. 13, It 77 It is corrupted when the prince changes his jujlice into feventy\ when he puts, like the Roman emperors, a Medufas head on his breaji; and when he affumes that menacing and terrible air which Commodus ordered to be given to his ftatues. Again, IT is CORRUPTED WHEN MEAN AND AB- JECT SOULS GROW VAIN OF THE POMP ATTENDING THEIR SERVITUDE ; AND IMAGINE THAT THE MO- TIVE WHICH INDUCES THEM TO BE ENTIRELY DE- VOTED TO THEIR PRINCE EXEMPTS THEM FROM ALL PUTY TO THEIR COUNTRY 3 . a MontcAjuievi. SECT. SECT. XII. OF THE CORRUPTION OF TH PRINCIPLE OK A DESPOTIC GOVERNMENT. The principle of A DESPOTIC GOVERNMENT is fubje6l to a continual corruption, becaufe it is even in its nature corrupt. Other governments are dejlroycd by particular accidents, which do violence to the principles of each con- Jlitution ; this is ruined by its own Intrlnflc imperfections. It maintains itfelf therefore only when clrcumjlances drawn from the climate, religion, Jiuation, or genius of the people, oblige it to conform to order, and to admit of fame rule. By thefe things its nature is forced without being changed; its ferocity remains ; and it is made tame and tracJable only for an interval*. * Montefquieu. THE 79 THE DISTINCTIVE PROPERTIES OF THE THREE GOVERNMENTS. SECT. XIII. THE DISTINCTIVE PROPERTIES OF A REPUBLIC. IT is natural for a REPUBLIC to have only a SMALL TERRITORY; otherwife it cannot long fulrfijl. In an fxtenjive republic there are men cf large fortunes, and confequently of lefe moderation ; there are trujis too con- Jiderable to be placed in any Jingle fubjefl ; he has intercjls of his own ; he foon begins to think that he may be happy and glorious , by oppreffing his fellow citizens ; and that he may raife himfclf to grandeur on the ruins of his country. In an EXTENSIVE REPUBLIC the public good is facri- ficed to a thoufand private "views ; it \sfubordinate to ex- ceptions, and depends on accidents. In a SMALL ONE, the inter ejl of the public is more obvious, better under/food, and more within the reach of every citizen ; abufes have lefs extent, and of courfe are lefs protefled. The long duration of the republic of SPARTA was owing So owing to her having continued in the fame extent of territory after all her wars. The fole aim, of Sparta was liberty ; and the fole advantage of her liberty, glory. It was the fpirit of the Greek republics to be as con- tented with their territories, as with their laws. ATHENS was firjl fired -with ambition and gave it to L ACED .- MON ; but it was an ambition rather of commanding zfree people, than of governing faves ; rather of dire fling than of breaking the union. All was loft upon the flatting up of a monarchy, a government whofe fpirit is more turned t9 increafe of dominion *. Montcfcjuieu. SECT. 8i SECT. XIV. THE NATURAL LIMITS OF A MONARCHY. A MONARCHICAL STATE OUght to be of a MODE- RATE EXTENT. Were it fmall, it would form itfelf into a republic : were it very large, the nobility, poffeffed of great ejlates, far from the eye of the prince, with a pri- vate court of their own, and fecure moreover from fudden executions by the laws and manners of the country, fucjg a nobility, I fay, might throw off their allegiaricj, having nothing to fear from toojlow and too dijlant a puni/hmcnt. After the deceafe of Alexander his empire was divided. How was it poflible for thofe Greek and Macedonian chiefs, who were each of them free and independent, or commanders at leaft of the victorious bands difperfed throughout that vaft extent of conquered land, how was it pojjible, I fay, for them to be long united a ? Montefquieu. SECT. SECT. XV. THE DISTINCTIVE PROPERTY OF A DESPOTIC GOVERNMENT, A LARGE EMPIRE fuppofes 3 DESPOTIC AUTHO- RITY in^the perfon who governs. It is neceflary that the qtucknefs of the prince's refolutions fhould fupply the diflance of the places they are fent to ; that fear fliould prevent the remijjnefs of the dijlant governor or magi/Irate? that the law fliould be derived from a Jingle perfon, and fliouldyftz/? continually, according to the accidents which incejffantly multiply in a ftate in proportion to its ex- tent a . * Montefquicu. SECT. SECT. XVI. THE MANNER IN' WHICH DIFFERENT GOVERN- MENTS PROVIDE FOR THEIR SECURITY. A kingdom of a moderate extent is liable to fuddtn in- vq/ions : it muft therefore have fortrejjcs to defend its frontiers; and troops to garrifon thofe fortreffcs. The Icaft /pot of ground is difputed with military fklll and rc- folution. Fortreffcs are proper for monarchies ; DESPO- TIC GOVERNMENTS are afraid of them. They dart not intruft their officers -with fuch a command, as none of them have any affecYion for the prince or his govern- ment. DESPOTIC GOVERNMENTS, when invaded, facrifice a part of the country ; and by ravaging and defolating the frontiers, they render the heart of the empire inaccejfiblc. They preferve themfelves likewife by another kind of feparation, which is by.putting the moft diftant provinces into the hands of a great vaflal. The MOGUL, the king of PERSIA, and the emperors of CHINA, have their fudatories ; and die TURKS have found their ac- L a count 8 4 count in putting the Tartars, the Moldavians, the Wal- lachians, and formerly the Tranfilvanians, between them- felves and their enemies. The real power of a prince does not confift fo much in the facility, he meets with in making conquejis, as in the difficulty an enemy finds in attacking him, and, if I may fo fpeak, in the immutability of his condition. But the increafe of territory obliges a government to lay itfelf more open to an enemy. As Monarchs therefore ought to be endued with wif- dom in order to increafe their power, they ought Jikewife to have an e qual Jhare of prudence to confine it within bounds. Upon removing the inconveniencies of too fmall a territory, they mould have their eye conftantly on the inconuenitncies which attend its extent *. Monteftjuieu. THE THE B IAS WHICH THE DIFFERENT FORMS OF GOVERNMENT GIVE TO THE NATIONAL CHARACTER. SECT. XVII. THE EFFECTS OF MONARCHY ON THE NATIONAL CHARACTER. IN MONARCHIES our charafter is not formed in col- leges or academies. It commences, in fome meafure, at our fettlng out in the world ; for this is the fchool of what we call honour, that unlverfal preceptor which ought every where to be our guide. In our days we receive three different or contrary edu- cations, namely, of our parents, of our mafters, and of the world. What we learn in the latter, effaces all the ideas of the former. Here it is that we conftantly hear thefe rules or max- ims, viz. that we foould have a certain noblenefs In our virtues, a kind of franknefs In our morals , and a particu- lar polltenefs In our behaviour. The 86 The virtues we are here taught are not fo much what draws us toward foci ety, as what diftingui/hes us from our fellow citizens. Here the aclions of men are judged, not as virtuous, but -a&Jhining ; not as juft, but as great. Here gallantry is allowed, when united with the idea of fenjible ajfeftion ; this is the reafon why we never meet with fo ftrict a purity of morals in monarchies, as in republican governments. It allows of cunning and craft, when joined with the notion of greatnefs of foul or importance of affairs ; as, for inftance, in politics, with whofe finelTes it is far from being offended. It does not forbid adulation, but when feparate from the idea of a large fortune, and connecled only with the fenfe of our mean condition. With regard to morals, the education of monarchies admits of a certain franknefs and open carriage. Truth therefore in converfation is here a necejjary point. But is it for the fake of truth ? by no means. Truth is requi/ite only, becaufe a perfon habituated to veracity has an air gf freedom, and acquires our confidence. And indeed, a man of this Jlamp feems to lay lefs ftrefs on the thing itfdf, than on the manner in which he will be received. Hence Hence it is, that In proportion as this kind of frank- nefs is commended, that of the common people is defpifed t which has nothing but truth and Jimplicity for its ob- Jed. In fine, the education of monarchies requires a r*r- tain politenefs of behaviour. Man, a fociable animal, is. formed to pleafe in fociety ; and a perfon that would break through the rules of decency, fo as to fhock thofe he converfed with, would lofe the public eflccm, and become incapable of doing any good. BUT POLITENESS, GENERALLY SPEAKING, DOES NOT DERIVE ITS ORIGINAL FROM SO PURE A SOURCE. IT RISES FROM A DESIRE OF DISTINGUISHING OUR- SELVES. IT IS PRIDE THAT RENDERS US POLITE: WE ARE FLATTERED WITH BEING TAKEN NOTICE OF FOR A BEHAVIOUR THAT SHEWS WE ARE NOT OF A MEAN CONDITION, AND THAT WE HAVE NOT BEEtf BRED UP WITH THOSE WHO IN ALL AGES ARE CON- SIDERED AS THE SCUM OF THE PEOPLE. Politenefs, in monarchies, is naturalifed at court.* Hence that ptlitentfs, equally pleafing to thofe by whom, as to thofe towards whom, it is practifed ; becaufc it gives people to underttand, that a perfon a finally belongs, or at leaft deferves to belong, to the tourt. 8 A court 88 A court air confifts in quitting. a real for a borrowed greatnefe. The latter pleafes the courtier more than the former. It infpires him with a certain disdainful mo- dejly, which Jhews itfelf externally, but whofe pride- in- fenjibly dimini/hcs in proportion to its diftance from the fource oftbisgreatnefs. At court we find a delicacy of tajle in every thing, a de- licacy arifing from the conftant ufe of the fuperfluities of life, from the variety, and efpecially the fatiety of pleafures, from the multiplicity and even confufion of fancies, which, if they are but agreeable, are fure of being well received. Here it is that HONOUR interferes with every thing, mixing even with people's manner of thinking, and di- re&ing their very principles. Xo this whimjical honour it is owing that the virtues are only jujl what it pleafes ; it adds rules of its own in- vention to every thing prefcribed to us ; it extends or li- mits our duties according to its own fancy, whether they proceed from religion, politics, or morality. There is nothing fo ftrongly inculcated in monarchies, by the laws, by religion, and honour, as fubmijjion to the prince's will; but this very honour tells us, that the prince never ought to command a dijhmourable ac- tion, 8 9 tion, becaufe this would render us incapable of ferving him. CRILLON refufed to ajjaffinate the Duke of Guife, but offered to fight him. After the maflacre of St. Bartholomew, CHARLES IX. having fent orders to the governors in the feveral provinces for the Hugonots to be murdered, VISCOUNT DORTE, who commanded at Bayonne, wrote thus to the king, SIRE, AMONG THE INHABITANTS OF THIS TOWN, AND YOUR MAJES- TY's TROOPS, I COULD NOT FIND SO MUCH AS ONE EXECUTIONER; THEY ARE HONEST CITIZENS AND BRAVE SOLDIERS. WE JOINTLY THEREFORE BE- SEECH YOUR MAJESTY TO COMMAND OUR. ARMS AND LIVES IN THINGS THAT ARE PRACTICABLE. This great and generous foul looked upon a bafe aftion as a thing impojjible. There is nothing that honour more ftrongly recom- mends to the nobility, than toferue their prince in a mi- litary capacity. Yet this very law of its own making, honour choofes to explain ; and in cafe of any affront ^ it requires or permits us to retire. Honour therefore has its fupreme laws, to which education is obliged to conform. The chief of thefe are, that we are permitted to fet a value upon our for- M tune. tune, but are abfolutely forbidden to Jet any upon our lives. The fecond is, that when we are ralfed to a poft or preferment, we Jhould never do or permit any thing which may feem to imply that we look upon ourf elves as inferior to the rank we hold. The third is, that thofe things which honour forbids are more rigoroujly forbidden, when the laws do not concur in the prohibition ; and thofe it commands are morejlrongly injijled upon, when they happen not to be commanded by law. SECT. SECT. XVIII. THE EFFECTS OF DESPOTISM ON THE NATIONAL CHARACTER. IN DESPOTIC STATES learning proves dangerous, emulation fatal ; and as to virtue, Ariftotle cannot think there is any one virtue belonging tojlaves ; if fo, educa- tion in defyotlc countries is confined within a narrow com- pafs. ExccJJive obedience fuppofes ignorance in the perfon that obeys: for he has no occa/ion to deliberate, to doubt, to reafon ; he has only to will. Here therefore education is in fome meafure needlefs : to g\\z fomething, one muft take away every thing ; and be- gin with making a bad fubjeff, in order to make a good Jlave. FOR WHY SHOULD EDUCATION TAKE PAIN'S III FORMING A GOOD CITIZEN, ONLY TO MAKF. HIM SHARE IN THE PUBLIC MISERY ? If HE LOVES HIS COUNTRY, HE WILL STRIVE TO RELAX THE SPP.r.T' OF GOVERNMENT ; IF HR MISCARRIES HE WILL BE UNDONE; IF HE SUCCEEDS, HE MUST EXPOSE HIM- SELF, THE PRINCE, AND HIS COUNTRY, TO RUIN. M 2 SECT, SECT. XIX. THE EFFECTS OF A REPUBLIC ON THE NATIONAL CHARACTER. MOST of the ancients lived under governments that had virtue for their principle ; and when this was in full vigour, they performed actions unufual in our times, and at which our narrow minds are altonifhed. It is in a republican government that the whole power of education is required. It muft infpire us with the ove of the laws and of our country. And 2&fuch love re- quires a conflant preference of public to private intereft, it demands a fpecies of felf-renunciation, which is ever arduous and painful. Every thing depends on eftabliihing this love in a re- public ; and to infpire it ought to be the principal bufi- nefs of education : but the furefl way of inftilling it into children, is for parents to fet them an example. People have it generally in their power to communi- cate their ideas to their children ; but they are ftill bet- ter able to transfufe their pajjions. Virtue 93 Virtue in a republic is a moft Jimple thing ; it is a love of the republic; it is zfenfation, and not a confequence of acquired knowledge: afenfation, that may be felt by the meaneji as well as by the highejl perfon in the ftate. When the common people adopt good maxims, they gene- rally adhere to them with great Jleadinefs. The love of our country is conducive to purity of morals, and the latter is again conducive to the farmer. The lefs we are able to fatisfy our private paj/ions, the more we abandon ourfelves to thofe of a general nature. BCT. 94 SECT. XX. THE EFFECTS OF CLIMATE ON THE NATIONAL CHARACTER. A cold air* conftringes the extremities of the external fibres of the body ; this increafes their elafticity, and fa- vours the return of the blood from the extreme parts to the heart. It contracts" thofe very fibres; confequent- ly it increafes alfo their force. On the contrary a warm air relaxes and lengthens the extremes of the fibres ; of courfe it diminifties their force and elafticity. People are therefore more vigorous, in cold climates.* Here the adion of the heart and the reaction of the ex- tremities of the fibres are better performed, the tem- perature of the humours is- greater, the blood moves freer towards the heart, and reciprocally the heart has more power. This fuperiority of Jirength mujl produce various ejfefts ; for inftance, a greater boldnefs, that is, a This appears even in the countenance: in cold weather people look thinner. k We know it feortens iron. more 95 more courage ; a greater fcnfe offuperlority, that is, lefs defire of revenge ; a greater opinion of fecurity, that is, more franknefs, lefs fufpicion, policy, and cunning. Injhort, this muft be productive of very different tem- pers. PUT A MAN INTO A CLOSE WARM PLACE, AND FOR THE REASONS ABOVE GIVEN HE WILL FEEL A GREAT FAINTNESS. IF UNDER THIS CIRCUMSTANCE YOU PROPOSE A BOLD ENTERPRIZE TO HIM, I BE- LIEVE YOU WILL FIND HIM VERY LITTLE DISPOSED TOWARDS IT: HIS PRESENT WEAKNESS WILL THROW HIM INTO A DESPONDENCY; HE WILL BE AFRAID OF EVERY THING, BEING IN A STATE OF TOTAL IN- CAPACITY. The inhabitants of warm countries are, like old men, timorous ; the people in cold countries are,, like young men, brave. If we reflect on the late wars 3 , which are more recent in our memory, and in which we can better diftinguifli fome particular effects that efcape us at a greater diftance of time; we lhall find that the northern people tranfplanted into fouthern re- gions 1 *, did not perform fuch exploits as their country- men, who, fighting in their own climate, poflefled their full vigour and courage. Thofe for the Tucceflion to tLe Spanifh mor-archy. L For initancc in Si >;.T. 5 This This Jlrength of the fibres in northern nations is the caufe that the coarfer juices are extracted from their all" mtnts. From hence two things refult: one, that the parts of the chyle or lymph are more proper by reafon of their large furface, to be applied to, and to nourifh, the fibres: the other, that they are lefs proper, from their coarfenefs, to give a certain fubtilty to the nervous juice. Thofe people have therefore large bodies and but little vivacity. The nerves that terminate from all parts in the cutis form each a nervous bundle; generally fpeaking, the whole nerve is not moved, but a very minute part. In warm climates, where the cutis is relaxed, the ends of the nerves are expanded and laid open to the weakeft ac- tion of the fmalleft obje&s. In cold countries the cutis is conftringed and the papillae comprefled ; the miliary glands are in fome meafure paralytic ; and the fenfation does not reach the brain, but when it is very flrong and proceeds from the whole nerve at once. Now imagina- tion, tnjle, fenjibility, and vivacity, depend on an infinite tntmber offmallfenfations. In cold countries, they have very little fenfibility for pleafure ; in temperate countries, they have more ; in warm countries, their fenfibility is exquifite. As cli- mates 97 States are diftinguimed by degrees of latitude, We might tlillinguifli them alfo in fome meafure, by thofe of fen- Jibility. I have been at the opera in ENGLAND and in ITALY ; where I have feen the fame pieces and the fame performers: and yet the fame mujic produces fucb different fffecls on the two nations ; one is fo cold and phlegmatic, and the otheryo lively and enraptured, that it feems almoft inconceivable. It is the fame with regard to pain ; which is excited by the laceration of fome fibre of the body. The author of nature has made it an eftablifhed rule that this pain fhould be more acute in proportiorj as the laceration is greater : now it is evident, that the large bodies and coarfe fibres of the people of the north, are lefs capable of laceration than the delicate fibres of the inhabitants of warm countries ; confequently the foul is there lefs fenfl- ble of pain. You muftflay a Mufcovite alive to make him feel. From this delicacy of organs peculiar to warm cli- mates, it follows that the foul is mod fenfibly moved by whatever relates to the union of the two fexes : here every thing leads to this objed. In northern climates fcarce has the animal part of love a power of making itfelf felt. In temperate climates, N love. love, attended by a thoufand appendages, endeavours to pleafe by things that have at firft the appearance, though not the reality of this paffion. In warmer climates it is liked for its own fake, it is the only caufe of happinefs, it is life itfelf In fouthern countries a machine of a delicate frame, but ftrong fenfibility, refigns itfelf wholly to a paffion that is inceflantly flattered in a feraglio ; or gives way to the love of women who are in perfect independence, and is confequently expofed to a thoufand inquietudes. In northern regions the men, robuft and heavy, find a pleafure in whatever is apt to throw the fpirits into mo- tion, fuch as hunting, travelling, war, and wine. If we travel towards the north, we meet with people who have few vices, many virtues, and a great {hare of franknefc and fincerity. If we draw near the foutb, we fancy ourfelves intirely removed from the verge of morality : here the flrongeft paffions are productive of all manner of crimes, each man endeavouring, let the means be what they will, to indulge his inordinate defires. In temperate climates we find the inhabitants inconftant in their manners, as well as in their vices and virtues : the climate has not a quality determinate enough to fix them. . THE 99 THE HEAT OF THE CLIMATE MAY BE SO EXCES- SIVE AS TO DEPRIVE THE BODY OF ALL VIGOR AND STRENGTH. THEN THE FAINTNESS IS COMMUNI- CATED TO THE MIND ; THERE IS NO CURIOSITY, VO ENTERPRIZE, NO GENEROSITY OF SENTIMENT ; THE INCLINATIONS ARE ALL PASSIVE ; INDOLENCE CONSTITUTES THE UTMOST HAPPINESS ; SCARCELY ANY PUNISHMENT IS SO SEVERE AS MENTAL EM- PLOYMENT ; AND SLAVERY IS MORE SUPPORTABLE THAN THE FORCE AND VIGOR OF MIND NECESSARY FOR HUMAN CONDUCT. The INDIANS are naturally a pufillanimous people ; even the children of Europeans born in India lofe the cou- rage peculiar to their own climate. But how fhall we reconcile this with their cuftoms, and penances fo full of barbarity ? the men voluntarily undergo the greatejl bardjhips ; and the women burn themfelves : here we find a very odd compound of fortitude and weaknefs. Nature having framed thofe people of a texture fo tf eak as to fill them with timidity, has formed them at the fame time of an imagination fo lively, that every ob- jeft makes the Jlrongejl imprcjjion upon them. THAT DELICACY OF ORGANS WHICH RENDERS THEM AP- PREHEXSIVE OF DEATH, CONTRIBUTES LIKEWISE TO N 2 MAKE IOO MAKE THEM DREAD A THOUSAND THINGS MOR1> THAN DEATH : THE VERY SAME SENSIBILITY IN- DUCES THEM TO FLY, AND DARE, ALL DANGERS. In ASIA the Jlrong nations are oppofed to the weak ; the warlike* brave, and afJive people touch immediately on thofe who are indolent, effeminate, and timorous ; the one mujl therefore conquer, and the other be conquered. In EUROPE, on the contrary, ftrong nations are oppofed to theftrong ; and thofe who join to each other have nearly the fame courage. This is the grand reafon of the weak- tiefs of ASIA., and of the Jlrength of EUROPE : of the li- berty of EUROPE and of the Jlavery of ASIA. From hence it proceeds, that liberty in ASIA never increafes ; whilft in EUROPE it is enlarged, or ditnini/hed t according to particular circumftances. 8CCT. 101 THE ENGLISH GOVERNMENT. SECT. XVI. ORIGIN OF THE BRITISH CONSTITUTION. O LIBERTY, thou goddefs heav'nly bright, Profufe of blifs, and pregnant with delight ! Eternal pleafure in thy prefence reign, And fmiling plenty leads thy wanton train ; Eas'd of her load fubje&ioa grows more light, And poverty looks cheerful in thy fight ; Thou mak'ft the gloomy face of nature gay, Giv'rt beauty to the fun, and pleafure to the day. Thee, goddefs, thee BRiTANN T iA J s*ifle adores ; How has fli oft exhaufted all her ftores, How oft, in fields of death, thy prefence fought, Nor thinks the mighty pri/c too dearly bought ! VOL. I. On 102 On foreign mountains, let the fun refine The grape's foft juice, and mellow it to wine, With citron groves adorn a diftant foil ; And the fat olive fwell with floods of oil : We 5nvy not the warmer clime, that lies In ten degrees of more indulgent Ikies, Nor at the coai fenefs of our heav'n repine, Though o'er our heads the frozen pleiads fhine; 'Tis Liberty that crown's BRITANNIA'S Hie, That makes her barren rocks and bleakefl mountains fmile. ADDISON. OUR EXCELLENT CONSTITUTION, LIKE THAT OF MOST COUNTRIES IN EUROPE, HATH GROWN OUT OF OCCASION^AND EMERGENCY; FROM THE FLUCTU- ATING POLICY OF DIFFERENT AGES; FROM THE CON- TENTIONS, SUCCESSES, INTERESTS, AND OPPORTUNI- TIES OF DIFFERENT ORD*ERS AND PARTIES OF MEN IN THE COMMUNITY. IT RESEMBLES ONE OF THOSE OLD MANSIONS, WHICH, INSTEAD OF BEING BUILT ALL AT ONCE, AFTER A REGULAR PLAN, AND ACCORD- ING TO THE RULES OF ARCHITECTURE AT PRESENT ESTABLISHED, HAS BEEN REARED IN DIFFERENT AGES OF THE ART, HAS BEEN ALTERED FROM TIME TO TIME, AND HAS BEEN CONTINUALLY RECEIVING 6 . ADDITIONS 103 ADDITIONS AND REPAIRS SUITED TO THE TASTE, FORTUNE, OR CONVENIENCY, OF ITS SUCCESSIVE PROPRIETORS. IN SUCH A BUILDING WE LOOK IN VAIN FOR THE ELEGANCE AND PROPORTION, FOR THE JUST ORDER AND CORRESPONDENCE OF PARTS, WHICH WE EXPECT IN A MODERN EDIFICE; AND WHICH EXTERNAL SYMMETRY, AFTER ALL, CON- TRIBUTES MUCH MORE PERHAPS TO THE AMUSE- MENT OF THE BEHOLDER, THAN THE ACCOMMODA- TION OF THE INHABITANT . Palcjr. JECT. SECT. xvn. OF A REFORM IN PARLIAMENT. WHEN we contemplate the THEORY OF THE BRI- TISH GOVERNMENT we fee THE KING inverted with the mofl abfolute perfonal impunity ; with a power of re- jetting laws, which have been refolved upon by both houfes of parliament ; of conferring by his charter, upon anyfet orfuccejjion of men he pleafes, the privilege offend- ing reprefentathes into one houfe of parliament, as by his immediate appointment he can place whom he will in the 9ther. What is this, a foreigner might afk, but a more eircuitous defpotifm ?* Yet, when we turn our attention from the legal extent to the ACTUAL EXERCISE of royal authority in England, we fee thefe formidable preroga- tives dwindled into mere ceremonies', and IN THEIR, STEAD, a fure and commanding influence eitablifhed, arifmg from that enormous patrtnage, which the increafeA territory and opulence of the empire has placed in the dif- pofal of the executive magiftrate^ Upon Upon queftions of REFORM the habit of reflection to be encouraged, is a fober comparifon of the conftitution under which we live, not with models ofjpeculativc per- feftion, but with the aftual chance of obtaining a better.- Tfjis turn of thought will generate a political difpo/ition, equally removed from that PUERILE ADMIRATION of prefent ejlablifhments which fees no faulty and can en- dure no change, and that DISTEMPERED SENSIBILITY, which is a I he only to perceptions of inconveniency, and is tto impatient to be delivered from the uneajinefs which it feels, to compute either the peril, or expence of the re- medy. Political innovations commonly produce many effefts befide thofe that are intended. The dire ft conference is often the leajl important. Incidental, remote, and un- thought of evils or advantages frequently exceed the good that is defigcd, or the mifchief that \sfcrefecn It is from the filent and unobferved operation, from the obfcure progrefs of caufes, fct at work for different purpofes, that the greateft revolutions take their rife. When ELIZABETH, and her IMMEDIATE SUC- CESSOR, applied themfelves to the encouragement and regulation of TRADE by many wife laws, they knew not, that, together with wealth and induftry, they were O diffusing io6 diftufing a confcioufnefs ofJJrength and independency, which would not long endure, under the forms of a mixed govern- ment, the dominion of arbitrary princes. When it was debated whether the MUTINY ACT (the law by which the army is governed and maintain- ed) fhould be temporary or perpetual, little elfe pro- bably occurred to the advocates of an annual bill, than the expediency of retaining a control over the mojl dangerous prerogative of the crown THE DIRECTION AND COMMAND OF A STANDING ARMY: whereas, ill its effect, this Jingle refervation has altered the whole frame and quality of the Briti/h conjiitution. For fince, in confequence of the military fyftem which prevails in neighbouring and rival nations, as well as on ac- count of the internal exigencies of government, a Jlanding army has become ejjential to the fafety and adminiftration of the empire, it enables parliament, by difcontinuing this necejjary prcvi/ion, fo to enforce its re- folutions upon any other fubjett, as to render the king's diffent to n law, which has received the approbation of both hovifes, too dangerous an experiment any longer to be advif d. A contcJJ between the king and parlia- ment cannot now be perfevered in, without a diflblu- tion of tlae government. Laftly, when the conftitu- tion 107 tion conferred upon the crown the nomination to all em- ployments in the public fervice, the authors of this ar- rangement were led to it, by the obvious propriety of leaving to a mafter the choice of his fervants ; and by the manifejl inconvenicncy of engaging the national council, upon every variety, in thofe perfonal contejls which attend elefiions to places of honour and emoluments. Our anceftors did not obferve that this difpofition added an influence to the regal office, which, as the number and value of public employments increafed, would fuperfede in a great mea- fure the forms, and change the character of the ancient conftitution. They knew not what the experience and reflection of modern ages has difcovered, that patronage univerfally is power ; that he who pofTefles in a fufficient degree the means of gratifying the defires of mankind af- ter wealth and diftinction, by whatever checks and forms his authority may be limited or difguifed, will direct the management of public affairs. Whatever be the mecha- nifm of the political engine, he will guide the motion. Thefe inftances are adduced to illuftrate the propo- fition we laid down, that, in politics, the moft impor- tant and permanent effects have, for the moft part, been incidental and unforefeen : and this proportion we inculcate, for the fake of the caution which it teaches, O 2 that io8 that changes ought not to be adventured upon without a comprehcnjtve difcernment of the conferences, without a knowledge ', as well of the remote tendency, as of the im- mediate defign. The courage of afiatefmanjhould refcm- bic that of a commander, who, however regardlefs of per- fonal danger, never forgets that with his own be commits the lives and fortunes of a multitude ; and who does not con- Jidcr it as any proof of zeal or valour, to Jlakc the fafety of other men, upon the fuccefs of a perilous or defperate enter- prize. There is one end of civil government peculiar to a good ccnftitution, namely, the happinefs of its fubjefts ; there is another end ejjential to a good government, but common to it with many bad ones its own prefervation. Ob- ferving that the bejl form of government would be de- feflive, which did not provide for its own permanency, in our political reafonings we confider all fuch provifions as expedient ; and are content to accept as a fufficient ground for a meafure, or law, that it is necejjary or con- ducive to the prefervation of the conftitution. as the extent of their operation is unlimited and un- knoivn. Our apology relates folely to that influence^ which refults from the acceptance or expectation of public preferments. In political, above all other fubjecls, the arguments, or rather the conje&ures on each fide of a queftion, arc often fo equally poized, that the vjif eft judgments may be held in fufpenfe. Thefe I call fubjecls of INDIF- FERENCE. But again, when the fubjedl is not in- different in itfelf, it will appear fuch to a great part of thofe to whom it is propofed, for want of information, or reflection, or experience, or of capacity to colledl: and weigh the reafons by which either fide is fupported. Thefe arefubjefh of APPARENT INDIFFERENCE. This indifference occurs flill more frequently in perfonal con- teJJs ; in which we do not often difcover any reafon of public utility, for the preference of one competitor to another. Thefe cafes compofe the province of influence \ that is, the decijion in thefe cafes will inevitably be deter- mined by influence of fame fort or other. The only doubt is, what influence {hall be admitted. If you remove the influence of the crown, it is only to make way for in- fluence 135 Jlucnce from a different quarter. If motives of expectation and gratitude be withdrawn, other motives will fuc- ceed in their place, adling probably in an oppo/ite direfjion, but equally irrelative and external to the proper merits of the quelVion. There exift, as we have feen, pajjions in the human heart, which will always make a Jlrong party againft the executive power of a mixed government. According as the difpofition of parliament is friendly or adverfe to the recommendation of the crown in matters which are really or apparently indifferent, as indifference hath been now explained, the bufmefs of empire will be tranfacted with eafc and convenience, or embarrajjed with endlcfs contention and difficulty. Nor is it a conclufion founded in jujllce or warranted by experience, that, becaufe men are induced by views of intereft to yield their confent to mcafurcs, con- cerning which their judgment decides nothing, they may be brought by the fame influence, to acl in deliberate eppo/ition to knowledge and duty. Whoever reviews the operations of government in this country fmce the revolution, will find few even of the moft queftionable meafures of adminiftration, about which the bejl injlrufted judgment might not have doubted at the time ; but of which he may affirm with certainty, 136 certainty, that they were indifferent to the greatejl fart of thofe who concurred in them. From the fuccefs or the facility, with which they who dealt out the patronage of the crown carried meafures like thefe, ive ought not to conclude, that ^Jimilar application of honours and emoluments would procure the confent of parliament to councils evidently detrimental to the common welfare. Is there not, on the contrary, more reafon to fear, that the prerogative, if deprived of influence, would not be long able to fupport itfelf ? For when we reflect upon the power of the houfe of commons to extort a com- pliance with its refolutions from the other parts of the legislature ; or to put to death the conftitution by a refufal of the annual grants of money, to the fupport of the neceflary functions of government when we reflect alfo, what motives there are, which in the viciflitudes of political interefts and paffions, may one day arm and point this power againft the executive ma- giftrate when we attend to thefe confiderations, we fhall be led perhaps to acknowledge, that there is not more of paradox than of truth, in that important but much decried apophthegm, " that an independent parliament is incompatible with the exljlence of the monarchy" SECT. 137 SECT. XVIII. THE DECLARATION OF OUR RIGHTS, LIBERTY denotes a ftate of freedom, in contradif- tin&ion to Jlavery or reftraint ; and may be confidered as either natural or civil. The abfolute rights of man, confidered as a free agent, endowed with difcernment to know good from evil, and with power of choofmg thofe meafures which appear to him to be mod defirable, are ufually fummed up in one general appellation, and denominated the natural K- lerty of mankind, This natural liberty confifts properly in a power of a6ling as one thinks fit, without any re- ftraint or controul, unlefs by the Jaw of nature ; being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endued him with the faculty of free-will. But every man, when he en ters intofocicty, gives up a part of his natural liberty ', as the price of fo valuable a purcbafe ; and, in confideration of receiving the advantages of mutual commerce, ob- S liges 138 liges himfelf to conform to thofe laws which the com- munity has thought proper to eftablifti. And this fpecles of legal obedience and conformity is infinitely more dejirable than' that wild za^favage liberty which is facrificed to obtain it. For no man, that conjidcrs a mo- ment, would wifh to retain the abfolute and uncontrouled power of doing whatever he pleafcs ; the conference of which is that every other man would alfo have the fame power; and then there would be no fecurity to individuals in any of the enjoyments of life a . Political, a The poets in defcribing the ftate of nature have painted the golden age or the reign of SATURN. The feafons, in that firft period were fo temperate, if we credit thefe agreeable fictions, that there was no neceflity for men to pro- vide themfelves with cloaths and houfes, as a fecurity againft the violence of heat and cold : the rivers flowed with wine and milk : the oaks yielded honey ; and nature fpontaneoufly produced her greateft delicacies. Nor were thefe the chief advantages of that happy age. Tempefts were not alone re- moved from nature ; but th9fe more furious tempefts were unknown to hu- man breafts, which now caufe fuch uproar, and engender fuch confulion. Avarice, ambition, cruelty, felhmnefs, were never heard of: cordial affection, compafiion, fympathy, were the only movements with which the mind was yet acquainted. Even the punctilious diftinction of mine and thine was ba- nimed from among that happy race of mortals, and carried with it the very notion of property and obligation, juftice and injuftice. It feems evident, that, in fuch a happy ftate, every other focial virtue would flourifh, and receive tenfold increafe ; but the cautious, jealous virtue of juftice would never once have been dreamed of. For -what purpofe make a partition of goods, where evety one has already more than enough f JPTy give rife to property, where there cannot foffibly be any injury f Why call this ob- ject 139 Political, therefore, or civil, liberty, which is that of a member of fociety, is no other than natural liberty, fo far restrained by human laws (and no farther) as is ne- ceflary and expedient for the general advantage of the public. Hence we may colled, that the law, which reftrains a man from doing mifchieftohis fellow citizens, though it diminifhes the natural, increafes the civil liberty of mankind : but every wanton and caufelefs reftraint of the will of the fubject, whether pra&ifed by a monarch, a nobility, or a popular aflembly, is a degree of tyranny. Nay, that even laws themfelves, whether made with or without our confent, if they regulate and conftrain our conduct in matters of mere indifference, without any good end in view, are laws deflructive of liberty : whereas, if any public advantage can arife from obferv- ing fuch precepts, the controul of our private inclina- tions, in one or two particular points, will conduce to preferve our general freedom in others of more impor- tance, by fupporting that ftate of fociety which alone can fecure our independence. Thus the ftatute of je& mint, when, upon the feizing of it by another, I need but ftrctch out my hand to poflefs myfelf of what is equally valuable ? Juftice, in that cafe, being totally USELESS, would be an idle ceremonial, and could nevr pofli- bly have place. S 2 king 140 king EDWARD IV. which forbad the fine gentlemen of thofe times (under the degree of a lord) to wear pikes upon their fhoes or boots of more than two inches in length, was a law that favoured of oppreflion ; becaufe, however ridiculous the fafhion then in ufe might ap- pear, the reftraining it by pecuniary penalties could ferve no purpofe of common utility. But the ftatute of king CHARLES II. which prefcribes a thing feemingly as indifferent, viz. a drefs for the dead, who were all ordered to be buried in woollen, is a law confiftent with public liberty ; for it encourages the ftaple trade, on which in great meafure depends the univerfal good of the nation. So that laws, when prudently framed, are by no means fubverjive, but rather introduftive, of liberty ; for (as Mr. LOCKE has well obferved) where there is no law there is no freedom. But then, on the other hand, that conftitution or frame of government, that fvftem of laws, is alone calculated to maintain civil liberty, which leaves the fubjedl entire mailer of his own conduct, exce. t in thofe points, wherein the public good requires fome direc- tion or reftraint. THE IDEA AND PRACTICE OF THIS POLITICAL OR CIVIL LIBERTY FLOURISH IN THEIR HIGHEST VI- GOUR COUR IN THESE KINGDOMS, WHERE it FALLS LIT- TLE SHORT OF PERFECTION, AND CAN ONLY BE LOST OR DESTROYED BY THE FOLLY OR DEMERITS OF ITS OWNER ; the legi/laturc, and of courfe the laws of Britain, being peculiarly adapted to the prefcrvation of this inefllmable blcffing even in the mcanejl fubjeff. 'This /pint of liberty is fo deeply implanted in our confti- tution, and rooted even in our very foil, that a Jlave or a negro, the moment he lands in BRITAIN, falls under the protection of the laws, and becomes fo far a freeman. Very different from the modern conftitutions of other dates on the continent of Europe, and from the genius of the imperial law ; which in general are calculated to veft an arbitrary and defpotic power, of controuling the adYions of the fubjecT:, in the prince, or in a few grandees. The ABSOLUTE RIGHTS of every Briton (which, taken in a political and extenfive fenfe, are ufually called their liberties), as they are founded on nature and reafon, fo they are coeval with our form of government ; though fubjecT: at times to JJufiuate and change, their efiablifh- ment (excellent as it is) being ftill human. At fome times we have feen them deprefled by overbearing and tyrannical princes ; at others, fo luxuriant as even to tend 142 tend to anarchy, a wcrfejiate than tyranny itfelf, as any government is better than none at all. But the vigour of our free conftitution has always delivered the nation from thefe embarraflments : and, as foon as the convul- (ions confequent on the ftruggle have been over, the balance of our rights and liberties has fettled to its proper level \ and their fundamental articles have been from time to time ajjerted In parliament, as often as they were thought to be in danger : Fir/1, by the GREAT CHARTER OF LIBERTIES, which was obtained, fword in hand, from King JOHN, and afterwards, with fome alterations, confirmed in par- liament by King HENRY III. his fon. Which char- ter contained very few new grants ; but, as Sir Edward Coke obferves, was for the mofl part declaratory of the principal grounds of the fundamental laws of England. Afterwards, by the flatute called CONFIRMATIO CARTARUM, whereby the great charter is directed to be allowed as the common law ; all judgments contrary to it are declared void ; copies of it are ordered to be font to all cathedral churches, and read twice a year to the people ; and fentence of excommunication is di- jefted to be as conflantly denounced againft all thofe tha; 143 that by word, deed, or counfel, at contrary thereto, or in any degree infringe it. Next by a multitude of fubfequent corroborating fta- tutes (Sir Edward Coke reckons thirty-two), from the FIRST EDWARD to HENRY IV. Then, after a long interval, by THE PETITION OF RIGHT; which was a parliamentary declaration of the li- berties of the people, affented to by King CHARLES I. in the beginning of his reign. Which was clofcly/o/- loived by the ftill more ample conceflions made by that unhappy prince to his parliament, before the fatal rupture between them ; and by the many falutary laws, particularly tlie habeas corpus a&, pafled under CHARLES II. To $&&{$ Juccecdcd THE BILL OF RIGHTS, or declara- tion delivered by the lords and commons to the PRINCE and PRINCESS of ORANGE, I3th of February, 1688 ; and afterwards cnacJed in parliament^ when they became king and queen : which declaration concludes in thefe remarkable words : *' and they do claim, demand, and injijl upon, all and Jingular the premifes, as their un- doubted rights and liberties" And the a<5l of parliament itfclf recognifes " all and Jingular the rights and liberties ajjerted and claimed in the f aid declaration to be the true,. 8 ancient, 144 ancient, and indubitable rights of the people of this kingdom" Lajlly, thefe liberties were again aflerted at the com- mencement of the prefent century, in the ACT OF SET- TLEMENT, whereby the crown was limited to his pre- fent Maje fly's illuftrious houfe : and fome new provi- fions were added, at the fame fortunate era, for better fecuring our religion, laws, and liberties ; which the ftatute declares to be " the birthright of the people of England" according to trie ancient dotrine of the com- mon law. Thus much for the declaration of our rights and liber- ties. The rights thcmfelves, thus defined by thefe feve- ral ftatutes, conjift in the number of private immunities ; which will appear, from what has been premifed, to be indeed no other, than either that, ref.duum of natural li- berty, which is not required by the laws of focicty to be fa- crificed to public convenience ; or elfe thofe civil privileges, which fociety hath engaged to provide, in lieu of the natural liberties fo given up by individuals. Thefe therefore were formerly, either by inheritance or purchafe, the rights of all mankind ; but, in moft other countries of the world, being now more or lefs debafed and deftroyed, they at prefent may be faid to remain, in a peculiar and emphatical manner, THE RIGHTS OF THE PEOPLE OF BRITAIN. And thefe may be reduced to three principal or primary articles ; THE RIGHT OF PERSONAL SECURITY, THE RIGHT OF PERSONAL LIBERTY, AND THE RIGHT OF PRIVATE PROPERTY : becaufe, as there is no other known me- thod of compulfion, or of abridging man's natural free- will, but by an infringement or diminution of one or other of thefe important rights, the prefervation of thefe inviolate may juftly be faid to include the prefervation of our civil immunities in their largefl and moft exten- five fenfe. In vain, however, would thefe rights be declared, af- certained, and protected by the dead letter of the law, if the conftitution had provided no other method to fecure their actual enjoyment. It has therefore eftablifhed certain other auxiliary fubordlnate rights of the fubjec~l, which ferve principally as barriers to protefl and mam- tain inviolate the three great and primary rights, of per- fonal fecurity, perfonal liberty, and private property. Thefe are, I. THE CONSTITUTION, POWERS, AND PRIVI- LEGES OF PARLIAMENT. T 2. THE 146 2. THE LIMITATION OF THE KING'S PREROGA- TIVE, by bounds fo certain and notorious, that it is im- poflible he fhould exceed them without the confent of the people. The former of thefe keeps the legijlative power in due health and vigour, fo as to make it Improbable that laws Jhould be enafled dejlrufiive of general liberty : the latter is a guard upon the executive power, by reftraining it from acting either beyond or in contradiction to the laws that are framed and eftablifhed by the other. 3. A third fubordinate right of every Briton is that of applying to the courts of juftice for REDRESS OF IN- JURIES. Since the law is, in this realm, the fupreme arbiter of every man's life, liberty, and property, courts of juftice muft at all times be open to the fubject, and the law be duly adminiftered therein. The emphatical words of magna charta, fpoken in the perfon of the king, who in judgment of law (fays SIR EDWARD COKE) is ever prefent and repeating them in all his courts, are thefe : Nulli vendemus, nulli ncgabimus, out dijferemus reflum vel jujlitiam * ; " and therefore every fubject (continues the fame learned author), for injury done to him in a See the end of this paragraph. 147 lonis, in ten-is, vel perfona a , by any other fubjei be he ecclefiailical or temporal, without any exception, may take his remedy by the courfe of the law, and have juf- tice and right for the injury done to him, freely without fate, fully without any denial, anAJpeedify without delay" It were endlefs to enumerate all the affirmative a6ts of parliament, wherein jujlice is directed to be done ac- cording to the law of the land: and what that law is, every fubjeft knows, or may know if he pleafes ; for it depends not upon the arbitrary will of any judge ; but is permanent, fixed, and unchangeable, unkfs by authority of parliament b . We fhall however juft mention a few negative fta- tutes, whereby abufes, perverfions, or delays of juftice, cfpecially by the prerogative, are reftrained. It is or- dained by magna charta, that no freeman fhall be out- lawed, that is, put out of the protection and benefit of the laws, but according to the law of the land. By 2 EDW. III. c. 8. and n Ric. II. c. 10. it is enacted, that no commands or letters Jhall be fent under the great a In goods, in lands, or in perfon. b Parliament knows not the individuals upon -whom its afls -will operate ; il has no cafes or parties before it ; no private de/igm to ferve : confeyuently its rt- folutions will be fuggefted by the confideration of uttherfai ejfefls and tenden- cies, which always produce impartial, and comimnly advantageous regulation. T 2 >/, 148 Jeal, or the little feat, the Jlgnet or privy feal, in dijlurbance of the law, or to dlflurb or delay common right : and y though fuch commandments Jhould come, the judges /hall not ceafe to do right : which is alfo made a part of their oath by Jlatute 18 EDW. III. ft. 4. And by i W. & M. ft. 2. c. 2, it is declared, that the pretended power of fufpending or difpenfing with laws, or the execution of laws, by regal authority without confent of parlia- ment, is illegal a . Not To render thcfecurity of our rights Jlill more perfecJ the judges, who, be- fore the revolution, held their offices during the pleafure of t/ie king, can now only be deprived of them by an addrefsfrom both hoitfes of parliament ; as the mod regular, folemn, and authentic -way, by which the diffati'faflion of the people can be expreflfed. To make this independency of the judges complete, the fublic falaries of their office are not only certain both in amount and conti- nuance, but fo liberal as to fecure their integrity from the temptation of fecret tribes : which liberality anfwers alfo the farther purpofe of preferving their jurifdiflion from contempt, and their characlers from fufpicion; as well as that of rendering the office tuortly of the ambition of men of eminence in their pro- Tie number of the judges is alfo in this country fma.'l.^-For, befide that the violence and tumult inieparable from large nflemblics are inconfiftent with the patience, -method, and attention, recjuifite in judicial investigations ; befide that all paffions and prejudices z& with augmented force upon a colleffed multitude j befide thefe objections, judges -j>hen they are numerous dh'ide the Jliame of an vnjuji determination ; they (helter themfelves under one another's example 5 each man thinks his own charatJer hid in the crowd : for which reafon the judges ought always to tefofew, as that the conduft of each may be confpi- cuous to public obfervation ; that each may be refponfible in his feparate and particular reputation for the decifions in which he concurs. The 149 Not only the fubftantial part, or judicial decifions, of the law, but alfo the formal part, or method of proceed- ing, cannot be altered but by parliament : for, if once thofe outworks were demolished, there would be an in- let to all manner of innovation in the body of the law itfelf. The king, it is true, may erecl: new courts of juftice ; but then they muft proceed according to the old eftablifhed forms of the common law. For which reafon it is declared in the flatute of 16 CAR. I. c. 10, The proceedings are alfo carried on in public; aperl is foribus ; not only before a promifcvous concourfe of byftanders, but in the audience of the tohole profeffion of the law. The opinion of the bar concerning what panes will be impartial ; and will commonly guide that of the public. The moft corrupt judge will fear to indulge his dijhonejt ivi/hes in the prefence of fucli an ajjem- bly : he muft encounter what few can fupporl, the cenfiire of his equals and companions, together with tl-.e indignation and reprcachet 'fhis country. The law of England, by its circuit or iiinera-y courts, contains an excellent provifion for the diftrtbution of private juftice. A M* p^efiding magiftrate comes into the country ajlranger to its prejudices, rhftnflipt, and conneflion^ he brings with him none of thofe attachments and regards, "which are fo apt to per- vert the courfe of juftice, "when the parties and the judges inhabit the fame neigh- bourhood. Again, as this magijlrate is ufually one of the judges of the fupreme tribunals of the kingdom, and has paffed his life in the Jiudy and adminiftratioH of the lams, he poffefles, it may be prefumed, thofe profeflional qualifications, which befit the dignity and importance of his ftation. Laftly, as both he, and the advocates who accompany him in his circuit, are employed in the bufinefs of thofe fuperior courts (to which alfo their proceedings arc amenable), they will naturally conduct themfelves by the rules of adjudication, which they have applied, or learnt there : and by this means maintain, what confti- tutes a principal perfection of civil gavernnitnt, ant Lrv of ike land in evry fart and diftrifl of the empire. upon upon the diflolution of the court of ftar-chamber, that neither his majejly, nor his privy council, have any jurif dic- tion, power, or authority, by Engli/h bill, -petition, articles, libel (which were the courie of proceeding in the flar- chamber, borrowed from the civil law), or by any other arbitrary way vuhatfoever, to examine, or draw into quef- tion, determine, or difpofe of the lands or goods of any fitb- jefjs of this kingdom ; but that the fame ought to be tried and determined in the ordinary courts of jujlice, and by COURSE OF LAW a . 4. If there Ihould happen any uncommon injury, or infringement of the rights before mentioned, which the ordinary courfe of law is too deficient to reach, there ftill remains a fourth fubordinate right, appertaining to every individual, namely, THE RIGHT OF PETITION- a The ctmftruRion of Engl't/h courts of law, in which caufe s are tried by a jttry tuith the ajijlancc ofajuJge, combines the t-wo fpecies together tnith peculiar fiKcefs. This admirable contrivance unites the -wifdom of ajixed with the in- Itgrity of a cafual judicature, and avoids, in a great nteafure, the inconveniencict of both. The jtuige imparts to the jury the benefit of his erudition and expe- rience ; the jury, by their difnterejiednefs, check any corrupt partialities which previous application may have produced in the judge. If the determination -was left to the judge, the party might fu/er under the fuperior iniereft of his adver- fary: if it -mas left to an uninjlrufted jury, his rights y.-outd be in Jiitt greater danger from the ignorance of thofe tcho were to decide upon them. The prefent wife admixture of chance and cJioice in the conjiitution of the court, in -which his caufe is tried, guards him ejually againfi the fear of injury from either of theft 1x9 ING the king, or either houfe of parliament, for the re- drefs of grievances a . IN RUSSIA we are told, that the Czar Peter eftablifh- ed a law, that no fubjedt might petition the throne till he had firft petitioned two different minifters of ftate. In cafe he obtained juftice from neither, he might then prefent a third petition to the prince ; but upon pain- of a But, laftly, if feveral courts co-ordinate to, and independent of each other, fubfift together in the country, it feeras neceflfary that the appeals from all of them (hould meet and terminate in the fame judicature; in order that one fnpremt tribunal, by whofc final fentence all others are bound'and con- cluded, may fuperintend and prefide over the reft. This conftitution is ne- ceflary for two purpofes to preferve an uniformity in the decisions of infe- rior courts, and to maintain to each the proper limits of its jurifdi