{Si 13DNVS01^ ^/flHAINMV^ ^l-LIBRARY^c ^ so EUM1VER%. ^LOS-ANGEIfr^ ^OF-CAIIFO/^ MVSOV^ '%^AINa : 3WV > "> ^awhhib^' ^ :IIBRaRY^ ^UiBRARY^ ^\EUMIVER% Wt 3 FCAL!FO% \WEUNIVER% ^LOS-ANGftj> ^LIBRARY/,;, Pn *-tJ ^130NVS01^ "^GAlNfHWV* ^OrUTVJJO^ \\\EUNIVER%. ^10SANGELj> .^QF-CALI FOR^ y y< ^l-LIBRARY^ ^HIBRARYQ^ '^mito-jo* ^(hitoho^ - 1 r^^^T -n o u* ON THE ABUSE OF UNRESTRAINED POWER, [ Price is. 6d.~] O N T H E ABUSE O F UNRESTRAINED POWER. A N HISTORICAL ESSAY. What more favage, wild and cruel than man, if he fee himfelfable, either by fraud to over-reach, or by power to overbear, the laws whereunto he fhould be fubjett ? Hooker' 's Ecckjiajiical Polity, book V. fed. 1 1. LONDON: PRINTED FOR E. AND C. DILLY IN THE POULTRY. MDCCLXXVIII. Z '- ' ' \ ADVERTISEMENT TO THE READER. '"pHE Author of the following EfTay has by him feveral others upon different fubjedts, which may, perhaps, fee the light at fome future time, if this fpecimen mould be thought to merit the indulgence of the Public. A 3 8G9802 ON THE ABUSE O F UNRESTRAINED POWER, I. THE defire of power and confederation is natural to man. It is the motive to his belt and to his word actions. It is purfued by a Dion, by a Timoleon, with a view to diffufe liberty and happinefs ; by a Dionyfius, by an Agathocles, to fatiate an unprincipled and de- ftructive ambition. Yet, although this love of power be fo general, when it is pofiefTed beyond a certain degree and meafure, it is almoft con- ftantly fatal to interefl, virtue, and felicity. It inflames the moft criminal and deftructive paf- fions, it corrupts the mod humane and gentle natures. What, indeed, fo adverfe to modera- tion, to humanity, to equal jufticc, as the dan. A 4 gerous 8 ON UNRESTRAINED POWER. gerous and flimulating confcioufnefs of being above all account or controul -, that when we fpeak, equity and law mull mourn in impotence and filence, that all who approach us, inflead of expoftulating, much lefs of cenfuring or aven- ging, muft and will applaud our moil flagrant and wanton violations of juftice and humanity. How often is fuch fatal knowledge, luch perni- cious licence, the motive and the caufe of the mod horrid and incredible excefles. It confounds all ideas of right and wrong, it involves the in- nocent with the guilty, it wreaks its inconfiderate fury on omiflions and crimes with equal and undiftinguilhing feverity. All hiftory is crowded with examples of this melancholy truth. Till corrupted by power, and the licence of authori- ty, who fo humane and irreproachable in their lives and manners, as they who were afterwards fo juftly branded with the infamous title and ap- pellation of the Thirty Tyrants. Dionyfius Hali- carnafllmfis relates the fame of the Roman Decem- virs f. Before intoxicated and depraved by power, he reprefents Appius, the foul of that abominable confederacy, as a man of virtue, a lever of juf- tice and of his country, an enemy to odious diflinctions, and as defirous of perfuading all his fellow-citizens to confider the commonwealth as one body, yet into what a monfler of tyranny, lull, and cruelty, did he not afterwards degene- rate r Quintus Fabius *, furnamed Vibulanus, and t Lib. v. 54. * Dionyfius Ha!, lib. x. 5S. who ON UNRESTRAINED POWER. 9 who had been thrice Conful, was alfo eminently virtuous, till blinded by ambition, and perverted by the fuggeftions of Appius, he gave into, and adopted his wicked fyftem of conduct *. The young nobility too, notwithstanding their virtuous education, former moderation, and defire of pu- blic eileem, were feduced into the fame views by like perfuafions and arguments, and confirmed in them by the reward of their compliance and fup- port, the confiscation and fpoils of the effects, property and eftates of the unhappy fufferers, their deluded and opprefled fellow- citizens. The progrefs of Tiberius's abominable impurities and crimes -, the mild and even foft nature of Nero, in the dawn and beginning of his reign, and af- ter improvement in all kinds of vice and wicked- nefs, in proportion to the feeble and pufillani- mous oppofition, and even encouragement they met with, we dill read with indignation and hor-. ror. Though the humane and benevolent ipi- rit of reformed Chriftianity, in union with other caufes, has retrained in a great degree this mad career of vice and cruelty in the modern princes of Europe; yet it (till disfigures and pollutes the page of hiftory with too many inftances, and in the unenlightened regions of Afia and the Eafr, where fenfuality, tyranny, and cruelty, leem to have eftablifhed their throne from time immemo- * Livy's words are, " Hurx enim virum (Fabium) es.-e- " gium olim domi, militixque, decemviratiu col'cgsqae ita " mutaverint ut Appii quam fui fimilis efle rriaue:.'' Liv- , lib. iii. cap. 41. rial, io ON UNRESTRAINED POWER. rial, the fame exceffes and enormities ftill prevail, and alarm and terrify every day the effeminate and daftardly inhabitants, the culpable and un- happy objects of them. After thefe general obfervations, it may not, perhaps, be uninterefting, or without its ufe, to fee them fupported and enforced by a more parti- cular enumeration of facts and examples. Such an hiftorical feries, though it may not place the human character in a very amiable point of view, yet will at lead contribute to our more perfect knowledge of it (and what knowledge is of fuch importance to us?); and may alfo help to preferve prefent and future princes from imitating fuch unworthy proceedings, and caution people and na- tions from intruding princes and magiftrates with a degree of authority deftructive of all the ends of government, and incompatible with cither reafon or humanity. For obvious reafons, however, and left it mould be objected by ignorance and corruption, that fuch abominable fcencs are incredible, and can never be again repeated, thefe facts and inftances fhall not be taken from the lives of fuch madmen and mon- gers as wereieveral of the petty tyrants of Greece, or more extenfively formidable ones of Alia or of Rome -, but chiefly from princes of mixed charac- ters, and whofe good qualities and virtues feem in a great meafure to have equalled or overbalanced their vices and crimes. Such a method will con- vince us, that danger is always to be apprehended, 2nd that a eonftant habit of vigilance is necefia- ON UNRESTRAINED POWER, n ry in order to preferve a free and equal govern- ment, and to guard againft the encroachments and exorbitances (which will always be attempted, un- lefs checked and retrained by the fear of control and punifhment) of magistrates and minifters in power and authority. We (hall begin from a very early period. When our propenfities are not enured to re- flraint and command, they foon become reftlefs and ungovernable. Every thing combines in a peculiar manner to inflame the defires and paffions of princes, of perfons of unlimited power and au- thority. Cruelty is their darling refource. It is the general mean by which they gratify and fati- ate their odious and deteftable paffions of ambi- tion, malice, fear, revenge. When Paterbemis, one of the mod virtuous and confiderable perfons of Egypt, was fent by Apries his fovereign, with orders to bring alive into his prefence Amafis,who was at the head of a numerous army in rebellion againft him j and returning with- out him, as might well be expected, Apries faid not a word, but in a tranfport of abfurd difap- pointment and rage, commanded his ears and nofe to be cut off *. Unreftrained power infatuates and brutifies to fuch a degree, that when our projects or caprices are concerned, we expect even the feelings of na- ture to be relinquished, and, but the appearance of backwardnefs in fuch cafes, drives us to exer- * Herodotus, lib. ii. cife ri ON UNRESTRAINED POWER. cife even a wantonnefs of cruelty. Thus when Darius, far from a tyrant, and who had been raif- cd to royalty from a private condition, was on his march againft the Scythians, Oebazu?, a refpect- able Perfian, who had three fons in the army, with the tendernefs natural and excufable in a parent, eipecially confiderir.g the character of the enemy, and the imprudence of the expedition, came to him, requefting and intreatir.g that one of the three might be permitted to remain at home with him-, the king, in anfwer, with the malicious dif- fimulation characterise of majeMy, ipoke very kindly and gracioufiy to him, faying, the favour he afked was trifling, and that, fo great was his re- gard for him, he would leave all his fons with him. The fond parent received the anfwer with infinite gratitude and joy, flattering himfelf that all his fons would receive their difmiflion from the army : but Darius commanded the officers ap- pointed for fuch purpoies to put them all to death, and thus left them with their father *. We read with equal indignation and abhorrence, another inftar.ee of the fame nature in Xerxes (in which, however, princely paflion overcomes prince- ly difiimulation). It is, when Pytheus, the Lydi- an, prefuming on the magnificent entertainment he had juft given to that prince and his immenfe army, and his no lei's !j:!endid offer of his great treaiure*, towards u\ frav ing the expence of the war againft Greece, came to beg that the eldeft of his five Ions, ail of whom were in the Perfian army, might ON UNRESTRAINED POWER. 13 might be excufed following the king into Greece, and, out of pity to his old age, be left at home v#th his father, to take care of him and of his eftate ; the unfeeling prince, inftead of gratifying the good and generous old man in fo pardonable a requeft, flew into a violent rage, and immediately orders the innocent youth to be put to death, and then, his body being fevered into two parrs, the one lying on the right, the other on the left hand of the way, the whole army to pafs between them *. Difappointment in the mod impracticable and abfurd projects, excites to the fame wanton and atrocious deeds of blood and murder. After the ceftruction, by a dorm, of the fame prince's extravagant bridge over the Hellefpont, and his ridiculous chaftifement of that arm of the lea, adding inhumanity and cruelty to folly, impiety, and blafphemy, according to his religion, he or- dered the heads of thofe perfons who had the di- rection of the workmen to be (truck off". Such (adds Herodotus) was all the recompence of their pains and ingenuity in contriving the bridge t. It would require innumerable volumes to enu- merate the black crimes of which princes have been guilty in acquiring, maintaining, and enlarg- ing dominion. Every one remembers the emble- matical anfwer given by Pc-riandcr to the meffen- ger of Thrafybulus, who, going with him into a field of wheat, ftruck off all the largeil and tail- ed ears ; intimating, that thus his mafier mou'i * Herodotus, lib. vii. f Iblii, i 4 ON UNRESTRAINED POWER. treat the mod opulent and principal citizens of Corinth, in order to reign with the greater fecuri- ty *. Upon a fimilar occafion, Tarquinius gave the fame princely advice to his fon Sextus, with re- gard to the citizens of Gabii -j-. Though fuch inftances as thefe, how deferving foever of cenfure and abhorrence, do not fo much furprife us upon account of their frequency and multiplicity in hiftory ; yet we may be allowed to exprefs our wonder, that princes mould often fuffer themfelves to be tranfported, by the exorbitancy of their defires and pafllons, to make no diflinction between the greater!: crimes and the moft trifling omiffions , to confpire againft virtue and their own fafety; to confound every idea of innocence and guilt, by expreffing their difapprobation and re- fentment indifcriminately, by the heavieft of hu- man punifhments, death, deprivation of life, of exiftence. I am induced to make this obferva- tion, by a paflfage in the life of the younger Cyrus (a prince, in other refpe&s, generous and magna- nimous), and which, I think, might have almoft deterred fo humane a writer as Xenophon, from immortalizing his daring, though unfuccefsful at- tempt J. It is related in the fecond book of Xe- nophon's Greek hiftory, and regards perfens of no lefs dignity than of the royal family. The hifto- rian's words are : The fame year, Cyrus put to death Autob^faces and Mitrieus, the fons of the * Herodotu?, lib. v. f Dionyfius Hal. lib. iv. c. $6. J Indeed, Xenophon's chief view in writing that beautiful narrative, was to do honour to hitnfelf and the Greeks. 5 r ifter ON UNRESTRAINED POWER. 15 lifter of Darius, whofe father was Xerxes as well as hers. The caufe of their death was, that hap- pening to meet him, they had not put their hands in the folds or cuffs of their fleeves , a mark of re- IpecT: paid only to the king *; and thefe folds or cuffs are a little longer than the fleeve, in which, when one puts one's hands, one can do no- thing [A]. It may perhaps be alleged, that thefe inftances regard princes not foftened and enlightened by let- ters and philofophy, and more equal and moderate modes of government. But I fear experience will too fully convince us, that the influence of thefe, when not fupported and ftrengthened by the ap- prehenfion of difagreeable confequences, is very feeble, ineffectual, and confined : for did not Alexander, accullomed to the humanity and mo- deration of Greece, and nurfed in the very bofom of Arittotle-, did not, on many other occafions the generous and fympathifing Alexander, ftab with his own hands, and at his own table, Clitus, one of his friends of neareft truft, and who had been all along educated with him in letters and arms ? And for what reafon ; of what crime, of what enormity, of what horrible fpecies of trea- fon, had he been guilty ? Juftly partial to the equal cuftoms of Greece, he had di 'covered (per- haps too openly) his didike and disapprobation of the unmanly and debafing expreflions of refpect peculiar to defpotic and Afiatic manners. For as * Xenophon, vol, i:i, p. 65. edit. Wells- ungenerous 16 ON UNRESTRAINED POWER. ungenerous and unworthy a reafon did he not, like a brutal tyrant, expofe Lyfimachus to the hunger and fury of lions [B]. It is equally or more alarming that Sylla, though educated and living under a republic and highly popular form of go- vernment, and alfo inftructed in all the learning of Greece, mould have dishonoured his character and country by fo many inftances of almoft incre- dible cruelty and barbarity. Unreftrained by cen- fure or fear, and fupported by a faction, he facri- ficed to his malice and revenge, not only the feel" ings of a gentleman, but of a man. Who can read the account of only his barbarities to M. Marius without horror and deteftation ? of Ma- rius, to whom the Roman people had erected fta- tues in every ftreet -, whom they had fupplicated with ir.cenfe and wine ? He ordered his legs to be broken, his eyes to be put out, his hands to be cut off*. Dread of the confequences being re- moved, perfons in power are tranfported to take a diabolical fatisfaclion in deeds of the mod extra- vagant and wanton cruelty. How many Roman knights and perfons of confular dignity did not C. Crsfar order, in one and the fame day, to be torn with ftripes, and put to death in torture, merely by >vay of amufement ? Nay, fuch was his impa- tience and delight in this horrid entertainment -f, that, fancy ftriking him, and impotent to wait the delay of the morning, he orders fome of thefe, with Lveral ladies, to be beheaded by torch or candle .Scr.eca c'e Ira, i:b. iii. c. xviii. f Hid. light. ON UNRESTRAINED POWER. 17 light. But let me not have recourfe to examples from which 1 have in a great manner excluded myfelf. The bed motives, if the action be diiagreeabi~e to our caprices or views, is no excufe or extenua- tion to unreftrained power. The involuntary of- fence is revenged, not only on the immediate in- ftrument, but on wives, children, connexions. When, on a well known occafion, the high priell Abimilech had, with the beft and mod humane intentions, relieved David, and thofe who accom* panied him, what was the treatment he met with ? what his reward from Saul, once a private perfon, but raifed to a throne by divine preference ? The father of his people, the faithful (hepherd of Ifrael, enjoins his maffacre, with that of all his race, to the number, God defend us! of three hundred and eighty- five perfons. Nay, not fatiated with this horrible (laughter, he extends it to the whole priefthood, even the walls they inhabited, their city, wives, children. The reflections of the Jew- ifh hiftorian on this monftrous enormity, are wor- thy of obfervation, and highly illuftrative of the fubject of this eflay. His words are, ' This de- teftable action of Saul, who, by the mod horrible of impieties, feared not to flied the blood of the whole race of the priefthood, without fparing old men or children, and reducing at the fame time to afhes a city, which God himfclf had choien to be the refidence of his minifters, and of his prophets, is a glaring inftance to what lengths the corrup- tion of the human heart may be tranfported. B While 18 ON UNRESTRAINED POWER. While prevented by the moderation of their condi- tion from doing all the evil to which they are in- clined, they appear mild and humane, pretend a love of juftice, nay, even to be companionate, and perfuaded that God, who is every where prefent, obferves all our actions and penetrates all our thoughts. But, as foon as rarfed to power and authority, they make it too evident, that thefe were never their real fentiments, and, like actors who have changed their drefTes, return on the ftage to play another part-, they become daring and in- folent, contemning God and man*." The re- flection is equally juft and pious , but I cannot help thinking with Plutarch, that this depravity of dif- pofnion is not original and artfully concealed, but rather the iiTue and confequence of unbounded power, which foments all our vices and paflions, which often gives us thofe we mould have never known, and which cannot be intruded to any of human kind without ruin and mifery to himfelf and others. This inftance reminds me of another of as extraordinary a nature, and related by the fame judicious hiftorian. It is of Herod, king of the Jews , a prince of great pares and addrefs, in- trepid, enterprifing, generous, magnificent; and who, during his continuance in a private llation, and before his elevation to a throne, betrayed no iymptoms of inhumanity and cruelty , yet, afcer the change of his condition and pofieffion of fove- reign power, the fervihty of his courtiers, and the * Jofephus, lib. vi. c. xiv. bafe ON UNRESTRAINED POWER. 19 bafe and criminal tamenefs of his fubjects, encou- raged him to the perpetration of the moil diaboli- cal exceffes of malice, revenge, and barbarity. It is alfo worthy of notice in another light, being pe- culiarly illuftrative of the infeniibility, vanity, difregard of real and fottifh defire of apparent re- fpect in princes and thofe we indulgently call the Great. I pafs over his cruel murder of his bene- factor Ariftobulus, of his brother Hircanus, of his wife Mariamne, of his own fons, and of how many more ? and confine myfelf to the inftance alluded to, the dying and concluding act of his ex- istence and abominable life. For, notwithstanding all the blood he had flied during the courfe of a pretty long reign, when on his death-bed, confci- ous what pleafure his deceafe muft afford the whole Jewifli nation, and yet defirous of tefiimonies of refpect, however infincere, and though fuffering under the mod excruciating torments both of mind and body, ftill fuch was his third for blood, and for being obeyed, though in an indirect man- ner, that, calling his filter Salome and her hufband Alexis to his bed-fide, after complaining of his fufferings, he faid, it yet increafed and aggravated them to think he fhould be deprived of the funeral honours paid to majefty by their fubjects : but, al- though he was fenfible the people abhorred him, yet, if a fifter and a brother would comply with his dying requeft, the whole Jewifli nation, in fpite of themielves, fhould render him the molt magni- ficent and moft pleafing and flattering funeral ho- nours that ever prince received , for there fhould B 2 not 20 ON UNRESTRAINED POWER. not be one of them who fhould not fhed the moft fincere tears. For this purpofe, as loon as he fhould be no more, they were to affemble the peo- ple, and to furround the hypodrome with his guards, and, without faying any thing of his death, command them, as if by his order, to moot to death with arrows every perfon in that immenle building. That executing this order and thefe in- tentions, he mould lie under a double obligation to them ; firil, for having complied with his requeft , and, fecondly, for having rendered the mourning upon account of his oblequies more famous than any that ever was before. The tortured and ex- piring prince added tears and intreaties, conjuring them by the ties of nature and gratitude, and by the affection they had for him, and by every thing that was facred and holy, not to fuffer his memory to be deprived of thefe lafl honours *. Can there be an example more appofite to our fubject ? When unbounded power can make us fuch mon- gers , can teach vengeance, or rather the third of blood, to triumph over pain and agony, and death itfelf , who would delire ir, who would fuffer it to be ufurped, or continue to live under and endure irs exceffes ? The heart is fometimes fo hardened, and grows fo callous by repeated acts of violence, inhumani- ty, and cruelty, than the fhrieks and exclamations of thoulands dying and expiring in agony and tor- ture make no impreffion, nay, feem rather to af- ford matter for an inlblent fort of exultation and Jofephus, lb. xvii. c. ix. lib. i. c. xxi. difdain. ON UNRESTRAINED POWER. 21 difdain. Witnefs the following deteftable paffage of the life of Sylla, recorded by Seneca. He is reafoning before of the difference and diftin&ion between a king and a tyrant. His words are : " Tyrannus autem a rege diftat fa&is non nomine. Nam et Dionyfius Major jure meritoque preferri multis regibus poteft : & L. Sullam appeliari ty- rannum quid prohibet, cui occidendi finem fecit inopia hoftium. Dcfcenderet licet di&aturafua & fe togae reddiderit : quis tamen unquam tyrannus tarn avide humanum fanguinem bibit, quam ille, qui feptem millia civium Romanorum contrucidari juilit ? Et cum in vicino, ad aedem Bellona^ fe- dens, exaudiflfdt conclamationem tot' millium fub gladio gementium, exterrito lenaru : Hoc agamus, inquit, P. C. feditiofi pauculi mei juflli occidun- tur. Hoc non eft mentitus: pauci, Sul!< vide- bantur *." Luff, cruelty, and ambition were the ruling features of M. Anthony's character. When the three legions from Macedonia rejected the offers of this triumvir, fufpecYing the centurions or of- ficers as the caufe of their refufal, he called them together into his lodgings, and then ordered them to be (tabbed and murdered, to the number of three hundred ; himfelf and his wife looking on and enjoying the horrid fpectacle, and the blood even fpirting in the face of the latter -j-. But this unreffrained, unapprehenfive power of injuring and oppreffing, of gratifying and fatiat- * Seneca de Clementia, lib. i. c. xii. f Philip. 3 2. & Philip. 58. B 3 ing 22 ON UNRESTRAINED POWER. ing avarice, ambition, and reven g is as little to be trufied, and full as dangerous, in the hands of nations, communities, and bodies of men, as in thofe of princes, of fimpie individuals, and even more fo , for union, and itrength, and wifdom, often raife the former much farther out of the reach of control and of punifhment. Let us en- deavour to fliew this at fome length. We may then obferve, that how mild and equi* table foever a popular or mixed constitution may be at home, it is more harm, fevere, and oppref- five, than even regal and abfolute government in its acquired provinces, whether near or re- mote [C], A prince can have no motive or inte- reft to treat one part of his dominions and fubjecls with more lenity or feverity than another. Ac- cording to his difpofition and manners, they are all of them equally either the objects of his regard and good will, or of his ignorance, avarice, and cruelty. But the members of the various forms of republic are each of them the monarch, not one, but a legion of tyrants : They imbibe his views, vices, and paflions , and, by opprefTing their fub- jecls, they at the fame time gratify the luft of do- minion, and, by fparing their own perfons and purfes, have more ample means of indulging themfelves in the conveniencies, fuperfluities, and pleafures of life *. Thus, when the allies of the Athenians, * Such unjaft proceedings frequently make the advifers of them even popular. Thus Sir W. Raleigh obferve?, from good authority, of Hanno, " More particularly he was gra- cious ON UNRESTRAINED POWER. 23 Athenians, who were properly their fubjects, com- plained of the heavy contributions that were im- posed on them, and thought it but reaibnable that fome account mould be given of the difburfement, Pericles advifed his fellow-citizens, or the demo- cracy, to refufe it, to opprefiion adding infult ; alleging that, as they paid only money, and were protected and defended, and yet furnifhed neither man, nor vefiel, nor horfe, they had no right to demand fuch an account. Yet, agreeably to the intention of this effay, which is to mew that unre- flrained power is equally fatal to thofe who exer- cife and thofe who fuffer under it , thefe levies and taxes, which cod the allies the want of the com- mon conveniences and neceflaries of life, were lavifhly fquandered away at Athens in diftributions among the citizens, by which they were corrupt- ed and rendered idle, licentious, and ungovern- able j in games and fefti/als, and the amufements of the theatre; in ruinous projects of empire and ambition , or, at beft, in adorning and beautifying their city, by the aid of the painter, the architect, and the ftatuary. It is equally matter of aftonifh- ment, companion, and indignation to find to what a degree of excefs and oppreffion, from what feeble beginnings, thefe exactions were carried in the end. We are told by Thucydides, that from four hun- dred and fixty talents, Pericles increaied them near cious among the people, for that he was one of the moft grievous oppreflbrs of their fubject provinces, whereby he pro- cured to the Carthaginians much weal:h, but therewithal fuch hatred, as turned ic all to their great lofs.'' B 4 a third ; 24 ON UNRESTRAINED POWER. a third ; for in the beginning of the Peloponnefian war they amounted to fix hundred, and after his death they were fwelled to fuch an exorbitancy by the Demagogues, that they amounted to the enormous fum of one thoufand three hundred. Though perverted to fuch unjuft and wanton pur- pofes, yet nothing could exceed their rigour and feverity in levying and exacting them. They pu- nifhed the fmalleft deficiency with heavy fines, and when thele democratical tyrants preferred per- fonal fervice to money, they conftrained to it even thofe who were unaccuftomed or averfe to it , forcing them from their eftates and families, the towns and fields. Indeed, their hiftorians and ora- tors unanimoufly impute the lofs of the fovereign- ty of Greece, and her colonies, firft by the Lace- demonians, and then by the Athenians, after the former had maintained it during a period of feven- ty- three years, and the latter of twenty-nine, en- tirely to their oppreffions, inhumanity, and cruel- ty. So great were the excefles of the Lacedemo- nians in thefe refpects, and in the infulting exer- cife of their power, that, among their confederates, the beft and nobleft houfes and families dared not re f ufe even their virgin-daughters to the embraces and. luft of the Spartan generals and governors. Thus was Cleonice of Bizantium abandoned by her forlorn parents to the brutal defires of Paufa- pias, the conqueror of Platea. There is fome- thing peculiarly affecting in the fate of this unhap- py young peifon. When, in fubmifiion to the ex- torted command of her afflicted prrents, fhe was led ON UNRESTRAINED POWER. 25 led in the night to his bed-chamber, happening to overturn a lamp, it awakened the wretch, who, being in continual alarms upon account of his treaionable defigns againfl his country, and ima- gining them diicovered, leaped out of bed, flew to his fword, and feizing it, ftabbed the innocent victim to the heart f. Their inhuman treatment of their helots, or (laves, that dcfencelefs but labo- rious and ufeful body of men, is too infamoufly notorious. However, I cannot help giving one inftance out of many of their proceeding with re- gard to ihem. Tt is a complication of ingratitude, treachery, and inhumanity hardly to be equalled, and related by the unqucftionable authority of the moll fenfible of all hiftorians. After having con- ducted, in a fort of proceffion, through their tem- ples, three thoufand of thefe unhappy men, crown- ed with chaplets of flowers, expreffive of the li- berty they faid they intended them in reward and acknowledgment of their valour, fidelity, and fervices in a crifis of the greateft emergency,\vhen their country was on the very brink of ruin, they are fuppofed to have actually led them to flaugh- ter, as none of them were ever after ken or heard of J : Thus at once infulting and mocking huma- nity, gratitude, and the gods. Nothing reflects fo much honour on the Roman government, as its maxims of moderation and hu- manity in the early ages of the republic [DJ. In- deed, it is univerfally allowed, that thefe generous maxims and proceedings were the caufe and f Paufani3s, lib. Hi. c. xvii. J Thucydides, lib. iv. foundation 26 ON UNRESTRAINED POWER. foundation of all the future greatnefs and glory of that illustrious people. Communities and na- tions incorporated or fubmitted to their empire, as much from an admiration of their equity and humanity, as from dread of their difcipline and valour. But after the increafe of their power and of their wealth, after they looked all around them and faw nothing hut flaves and fu ejects, after none dared to queftion their authority, or mark the bounds and the limits, they foon began to de- viate from their former wife, noble, and generous line of conduct, and to refign themfelves to the in- fluence and dominion of all thofe odious and de- structive paffions, which are created, nourilhed, and inflamed by unreftrained power. The fym- pathy and indignation of their belt and moil vir- tuous citizens are continually breaking out againft the enormity of thefe abufes and exceffes. The writings of Cicero are crowded with them. How often do we meet with fuch paflages as the follow- ing ? " Lugent omnes provincire : queruntur om- nes liberi populi : regna denique jam omnia de noftris cjpiditatibus & injuriis expoftulant: lo- cus intra oceanum jam nulius eft, neque tarn lon- ginquus neque tarn reconditus, quo non, per hsec tempora, noftrorum hominum libido, iniquitafque pervalerit, Suftinere jam populus Romanus om- nium n tionum non vim, non arma, non bellum, fed luctum, lacrymas, querimonias non poteft *." And in his oration pro lege Manilia, " Difficile eft dictu, Quirites, quanto in odio fumus apud exte- * h\ Vcrrem, lib. iii. c. lxxxix. 4 ras ON UNRESTRAINED POWER. 27 ras nationes, propter eorum, quos ad eas per hos annos cum imperio mifimus, injurias ac libidines. Quod enim fanum putatis in illis terris noftris ma- giftratibus religiofum, quam civitatem fan&am, quam domum fatis claufam ac munitam ruiffe ? Urbes jam locuples ac copiofas requiruntur, qui- bus caufa belli propter deripiendi cupiditatem in- feratur. Quas civitas eft in Afia, quse non modo jmperatoris, aut legati, led unius tribuni miiitum animos ac fpiritus capere pofiit ?" But not only rhe remote and diftant provinces were abandoned to the avarice, lull, and cruelty of proconfuls, legates, &x. the very allies, and Italy herfelf, were fubjedted to the fame exceiTes and abufeof unreftrained power. " Itaque prop- ter hanc avaritiam imperatorum, quantas calami- tates, quccunque ventum fit, noftri exercitus fe- rant, quis ignorat ? Itinera quae, per hofce annos in Italia per agros atque eppida civium Romano- rum noftri imperatores fecerunt, recordamini. Turn facilius ftatuetis, quid apud exteras nationes fieri exiftimetis. Utrum plures arbitramini per hofce annos miiitum veftrorum armis, hoftium ur- bes, an hibernis fociorum civitates efie deletas ?" We meet with many and almoft incredible in- ftances of thefe excefTes and enormities in other paffages of the fame great perfon's orations againft Verres, as well as in that mentioned above. But they are alfo to be found in a much earlier period of the Roman hiftory, and before luxury and corruption could have arrived at fo great a pitch as in Cicero's time. Livy relates feveral with his ufual 28 ON UNRESTRAINED POWER. ufual pathetic and nervous eloquence. In his 29th book, he defcribes ten commiffioners coming from Locrio in the habit of fuppliants, with olive branches in their hands, with plaintive voice, and on their bended knees, intreating and imploring the protection of the confuls and fenate againft the exceiVcs and violences of their governor Ple- minius and the Roman foldiery. They allege and proteft, fuch have been their fufferings under them, as the Romans would not wifh even to the Carthaginians ; that to Pleminius there is nothing human pertaining but his figure and outward form, nor any thing of a Roman citizen, but his habit and drels, and the found of the Latin tongue. That were he fatisficd with making them feci the weight of only his own luft, avarice, and other pafTions, their patience might be equal to it ; but that his example and encouragement had rendered all the centurions, and even the common foldiers, fo many Pleminiufes. That they all of them plun- der, ravage, Icourge, wound, murder, violate matrons, virgins, youths, dragging them from the arms of their parents. That every day their city is taken, every day it is plundered ; that day and night the fhrieks and fcreams of forced women and boys refound and echo through the ftreets ; that it were endlefs to enter into particulars ; that no family, no individual, has efcaped their out- rages , that there is no pofiible ki- J of wicked- nefs, of luft, of avarice, that could be endured, that 'has been omitted : nay, that the fufferings and calamities of cities taken by ftorm by incenied enemies, ON UNRESTRAINED POWER. 29 enemies, of cities opprefTed by the mod cruel and implacable tyrants, have been poured by Plemi- nius on them, their wives, and their children ; the very fhrines and temples of their gods have been profaned and expofed to facrilege. To fuch a wantonnefs of luft and cruelty were the Roman governors tranfported by their great authority and confidence of impunity, that in or- der, in fome degree, to check and reftrain this torrent of licentioufnefs and tyranny, the elder Cato found it neceffary, during his cenforfhip, to accufe Lucius Quintius of the following almoft incredible enormity. He faid that, by the hopes of great advantages, he had perfuaded to accom- pany him to his province of Gaul, one Philip, a Carthaginian, a dear and beloved pathic: that during his wanton teafing of the boy, the latter ufed often to upbraid the conful, with having been prevailed upon to leave Rome juft before a gladiatorial (how, and folely to gratify his wifhes. It happened that one day, as they were fitting at table, and beginning to be heated with their wine, an account was brought, that a principal Boian with his family were come over to the Romans : The conful defired to fee him, in order to enfure him of his protection. When he was introduced, the conful fpoke to him by an interpreter. During the conference, Quintius whifpered his minion, as you left a gladiatorian fhow, would you like to fee this Gaul expire ? And when he fignified his af- fent, fcarcely ferioufly, the conful, at the nod of a pathic, drawing a fword that hung over him as he 3 o ON UNRESTRAINED POWER. he fat, firft (truck the Gaul with it on the head as he was fpeaking, and then as he fled out of the room, imploring the faith of the Roman people and of all who were prefent, (tabbed him to the heart *. Another inftance of a like nature is related by the fame hiftorian, and of the fame unworthy per- fon. The execution of criminals is a neceflary but melancholy act of jultice, and generally owing to bad and negligent government, intended to re- claim the guilty, to deter and terrify the waver- ing, to confirm and encourage the virtuous and well-difpofed : but in the inftance alluded to, it is perverted to the gratification of a fhamelefs and cruel lubricity. This unworthy conful was (h[- perately enamoured of a celebrated courtezan of Placentia. Having invited her to a banquet, and among other things boafcing (for what is there that man will not make a fubject of vanity) of the in- tenfenefs of the kind of torture he ufed, and how many convicts he had in chains, that were doomed to execution by the ax^ as (he fat by him, Hie faid (he had never fcen a man beheaded, and had a great defire to fee fuch a fight. Upon which the complaifant lover orders one of thefe poor wretches to be dragged out, and his head to be immediately llruck off. A horrible action, adds Livy, amidft the feftivity of the table 'and the li- bations to the god?, and health of our friends, to gratify a wanton harlot, reclining on the brealt of * Livy, lib xxx : x. c. x'ii. a con- ON UNRESTRAINED POWER. 31 a conful ; and thus to offer an human victim, and to ftain and deform the banquet with his blood *. I mail give but two other inftances of this fcan- dalous and inhuman abufe cf power. They are curious and interefting, being related and com- plained of by that virtucns and illuftrious citizen Caius Gracchus, and preferved to us by Aulus Gellius. When the conful came lately to Teanus Sidici- nus, his wife exprcffed a defire to ufe the men's bath. The quasftor, or mayor of the town, had it therefore given him in charge, that all who were bathing there fhould be immediately driven out. The lady complains to her lord, that the bath was not given up to her foon enough, and like- wife very far from clean. Upon this, a pole is erected in the forum, and inftanrly hurried to it M. Marcus, the principal perfon of the province ; his cloaths are ftripped from his back, and he is beaten with rods: When the Caleni heard of this, they made an order prohibiting any one to ufe the baths while a Roman magiftrate was in the town. When, for the fame reafon, our prsezor ordered the quaeftors of Terentinum to be apprehended, one of them threw himfelf from the walls, the other was taken and beaten with rods. This is fufficiently (hocking; the other is itill more fo. That friend to juftice and humanity proceeds : To give you feme idea of the arrogance and cruel * Livy, lib. xxxiv. c. xliii. See alio the complaints of the commiOioners from Spain, of the pride and avarice of the Reman governor*. Livy, lib. xliii. c. ii. tyranny 32 ON UNRESTRAINED POWER. tyranny of our young men, I v. ill allege but one inftance. A few years ago, a young man was fent as a legate from Ada. He travelled in a fedan, or litter. An hcrdfman belonging to Ve- mifinum happening ro meet him, and being igno- rant who was carried in the litter, afked, with a laughing fneer, whether they were carrying a corpfe. As foon as the young gentleman heard him, he orders the fedan ro be let down, and the poor man to be beaten to fuch a degree with the ftraps or belts of the chairmen, that he expired under the blows *. With regard to communities, afTociates, or a certain number of perfons intruded with power, it is obfcrvable, as was noticed briefly before, that their abufe of it is equally atrocious and enormous. The fpirit of violence, inhumanity, and cruelty, feems to fpread and ferment among them like a contagion, a plague, or a burning fever, and in the end to tranfport them to the mofl horrid and brutal execfles. Good God ! what is it that infa- tuates mankind to fuch a degree, as to make them forget their humanity, tl.eir being of the fame fpe- cies, and degrade themfelves, by their diabolical treatment of one another, below the level of bealis of prey and of carnage : Is it with fuch views they delire power and authority ? or are they below the wifh of any good man, unlefs upon account of the exercife they afford our bed talents and affections, * Aulus Gellius, lib. x. c. iii. and ON UNRESTRAINED POWER. 33 and the opportunity they give us of promoting the enjoyment and happinefs of numbers ? Yet, who can read the narrative of the ufurpation, the ex- cefles and enormities of the thirty at Athens, or of the decemvirs at Rome, without amazement, pity, indignation, and even contempt and ab- horrence of our fpecies ? The fubverfion of the popular government of Athens, and the ruin of that ftate, were owing to the corruption of thofe who afpired to the conduct of affairs, and to the arbitrary policy of Sparta. For Thucydides obferves very juftly *, that the misfortunes of that commonwealth did not fo much proceed from their defeats at Amphipolis and Mantinea, the defection of their allies, or their great overthrow in Sicily, as to their own internal diffentions, and the ambition of their de- magogues, who feduced the people into the mod fatal meafures, in order to raife themfelves to the management of the public bufinefs ; and as a proof of their refources and internal vigour, he fays they were ftill able to fubfift, and afterward recover in a great meafure their ancient reputa- tion ; notwithftanding the change of their go- vernment by Lyfander, the union of Sicily with their enemies, and the King of Perfia's defraying the fleet of their conquerors. As to the eftablifh- ment of the thirty, it was agreeable to the nar- row policy of Lacedemon fand as Machiavel ob- ferves, the caufe of their confined empire), always Lib. ii. C to 34. ON UNRESTRAINED POWER. co deftroy the ancient conftitution, and eftablifn their own form of government in the counties and cities they fubdaed ; that is, an ariftocratical or oligarchical form, if they did not find it there. The adminiftration of thefe men had at firft the appearance of even juftice and humanity, for the beginning of their acts, was to put to death all fuch as during the popular (late had procured a livelihood by calumnies and falfe accufations. However, it was a bad and pernicious precedent, for as it was without trial, they afterwards proceeded in the fame illegal manner, againft all thofe they fufpected of difapproving their views and conduct, though the belt and mod virtuous citizens. Thus, under the fan&ion of this example, they put to death Leon of Salamis, a perfon of emi- nent virtue and merit, and againft whom they had nothing to allege-, and Niceratus the fon of Nicias, no favourer of the people, no more than his father, and Antiphon, who during the war had furniihed two veffels at his own expence. All thefe illuftrious perfons were murdered by thefe unworthy magiftrates, upon account of their virtue and of their riches. They facrifice many others to the gratification of private malice, and the convenient fituation of their eftates and pro- perty. Though men be ever lb abandoned, they generally pay fome regard to appearances, and even during the perpetration of the word crimes, pretend reafons of ftate and neceffity , yet the language of thefe villains was as barefaced as then nmes and actions; forfo utterly were they loft to ON UNRESTRAINED POWER. 35 to all feeling and goodnefs, that in order to pay their guard, the inilrument of their crimes, each of them propofes to murder a ftranger citizen, and feize his effects without regard to his heirs, his wife and children. One of the mod interest- ing and affecting fcenes of the Grecian hiftory, i> the account given us by Xenophon of their conduct refpecling Theramenes *, a perfon of the greateft integrity, honour, humanity, valour, and patriotifm that we read of in ftory. Though him- felf one of their number, neither the opportunity of partaking in the advantages and emoluments of the abufe of their power, nor the fevered threats of vengeance, could feduce and corrupt this illuf- trious character, to concur in the views of his colleagues, nay, not to oppofe them. To be thus betrayed by themfelves as it were, exafperat* ed them all to the higheft degree, but more efpe- cially Critias, the chief advifer and promoter of their violent and odious meafures. In order, therefore, to remove this formidable obftacle to their exceffes and cruelties, after a violent invec- tive againft Theramenes, he faid, the Thirty could indeed proceed againft none of the three thoufand (fuppofcd to partake in the adminiftration) with- out the concurrence of the fenate -, but as to all the reft of the citizens, the law had left them at the abfolute difpofal of himfelf, and of his col- * Lyfiasg'ves a different account of this excellent perfon*, but it is a pleading, to ferve a particular purpofe, and his authority is by no means equal to Xenophon's. Contra Erattjihtnem, and in that contra Agoratum, C 2 leagues 36 ON UNRESTRAINED POWER. leagues in power : he added, he therefore {truck Theramenes's name out of the lift of the three thoufand, and ordered him to be led to death and execution ; and in order effectually to prevent the interpofition of the fenate, he commanded his guard to appear on the flight of fteps that led to the houfe. All prefent were filled with grief and indignation, and though the injured Theramenes very juftly obferved, that if fuch a violation of the constitution were allowed, no body could be fafe, for any one of the three thoufand, however in;:ocent or illuftrious, might, by fuch an invafion be unjuftly and tyrannically treated; yet neither the grief and indignation of all but the tyrants, nor his own innocence and merit, nor the fanctu- ary of the altar, could protect him againft the malice and cruelty of the implacable enemies of all honour and virtue. With regard to thofe who were not of "he three thoufand, they were forbid to enter the city, and the moft opulent of them were dragged from their houles and eitates, in order that their adherents might divide among them '.heir fpoils. In fine, to conclude this {hock- ing aid alarming recital (for as was obferved above, many of them before raifed to power were eminent for moderation and virtue), thefe villains and traitors to their country, in the fhort fpace of eight months, deltroyed and butchered a greater number of their fellow- citizens *, of Athenians, than * yEfchinc; againft Ctefir lion fays, the thirty tvrants put cath fifteen hundred citizens even without a tri. 1 : ar.d in ano:her ON UNRESTRAINED POWER. 37 than had fallen in battle under the united arms of all the nations of Peloponnefus, during eight years of a violent and bloody war *. As to the counter-parts, the decemvirs of Rome, they were intruded with power in a con- stitutional way by their fellow-citizens, in order to collect for their approbation a body of laws, to be a fixed and known rule of proceeding and government to their future magiftrates, inftead of the uncertain, confined, and imperfect fuggeftions and opinions of difcretionary judges. The con- duct of thefe men affords as appofice and ample proof as has yet been given of the nature and in- fluence of power on the human mind. Nothing could be more modefi, mild, and equitable, than the beginning of their adminiftration. They in- duftrioufly avoided every oftentatious mark of their power. The officiating conful, for they took it alternately, was preceded in public by the rods, and the other enfigns of the confular dignity. His aflbciates differed little in their ap- pearance from the other citizens. They attended diligently to the cognizance and determination of all kinds of caufes and iuits. They even cheer- fully admitted of appeals from one another, and had the moderation both to give and to fubmit to a reverfe of judgment. Such was their care and kind folicitude for the eafe and interefts of the another paffcge, without informing them of their crimes, without permitting ther parents and relations to attend their obfequies, or pay them the decent rites of fepulture. * Xenophon, lib. ii. and Lyfias contra Eratoflhenem. C 3 plebeians, 38 ON UNRESTRAINED POWER. plebeians, or common or inferior people, parti- cularly Appius's, oppofing and difcouraging every kind of violence, or unequal treatment, that was offered them, that it was faid publicly in conver- fation, in the forum, and in other places of pub- lic refort, that the commonwealth no longer ftood in need of tribunes or any of the other ma- gistrates (for all thefe had been fupprefifed upon the creation of the Decemvirs). But, alas ! this noble and generous difcharge of their duty was of fbort duration. For when the people (who never defire any thing but fecurity and equity) grateful for their virtuous adminiftration, agreed %o continue them in office another year, they be- gan to entertain hopes to render their power per- petual, and foon gave too evident marks of their iniquitous intentions. Their prefent was directly the reverfe of their former conduit. What they had obtained by moderation and equity, they en- deavoured to perpetuate by violence and terror. Inftead of one conful with the enfigns of his office, all the ten appeared in the forum, crowd- ed with their one hundred and twenty lio* ON UNRESTRAINED POWER. 39 aggravated mortification of repenting of not having been fatisfied with the firft determination. Nay, when Appius, by his artifices, was chofen a fecond time, and by his infinuations and calum- nies, fuch as he thought he could depend on (for many of the principal fenators, in order to exclude the unworthy, had condefcended to foli- cit), the firft thing they did was to enter into an agreement, confirmed by their oaths (fo great is the inconfiftencies oi mankind, to call the gods to witnefs an ad of impiety and injuftice), not to oppofe one another in any thing, and that what- ever fhould be propofed by any one of them, the others (hould fupport it; that they lliould hold their magiftracy during their lives, and admit no other perfon into the adminiftration ; that both fenate and people fhould be reforted to as little as poflible, and all affairs of any moment or con- fequence tranfacted by their own fole authority. In order to effectuate thefe views, they endeavour to gain partizans and adherents by the hopes of licence and of rapine. And it is a matter of aftonifhment, as Dionyfius * very well obferves, and as was noticed above, that they found them not only among the luxurious and difiipated youth, and thofe of defperate fortunes; but alfo among the principal fenators themfelves, whofe birth and education ought to have taught them to entertain fentiments of fome elevation , but of this, Livy gives the true reafon, when he fays -f, " Licentiam fuam malle quam omnium libertatem." They * Lib. xi. t Lib, iii, C 4 pre- 4 o ON UNRESTRAINED POWER. preferred a licence to gratify all their word de~ (ires, to the enjoyment and liberty of the whole people. Encouraged and inftigated by this fup- port, and the hopes of impunity, the decemvirs pretend to be not only legiflators, but judges and interpreters of all laws. The tribunals are filled with their creatures. They put many of the citi- zens to death, and deprive many others of their fortunes, contrary to all the principles of law and of jultice. They even dare to connect their fe- cond magiflracy with their former one, in con- tempt and defiance both of the fenate and of the people. To give (lability and terror to their power, and force oppofition into compliance by falle accufation, they banifn or put to death all the worth ieft and mod virtuous perfons, who ap- peared to be difiatisfied with their proceedings. Their effects and eftates were the reward and in- centive of their adherents. Indeed, they counte- nanced and authorifed thefe abandoned wretches to plunder and pillage the fortunes of all whoop- pofed their administration. Nay, they permitted them, as if the city of Rome had been taken by force of arms, net only to ft rip the legal poffeifors of their effects and properties, but even to ravifh their wives when inflamed by their beauty, to abule fuch of their daughters as were marriageable, and when their affected and indignant parents brothers, or other near relations, relented their brutality, they beat and infuked them as the bafeft and vilcft of (laves Thus, as we have all along endeavoured to prove, their crimes and enormi- ties ON UNRESTRAINED POWER. 41 ties increafed with the continuance of their power, and the hopes of impunity, till at laft they reach- ed their full meafure, in the fcandalous aflaflina- tion of the brave Siccius, the intended rape and violation of Virginia, the blood of the innocent daughter, through cruel neceffity, fhed by the hand of the parent, and which in the ifTue was the immediate caufe of the fubverfion of the tyranny. For, it is alfo equally true, that ruin and mifery is the general conclufion of the abufe of power ; and that nations always at laft avenge their own caufe, and that of human nature, and difcover, but often when it is too late, that they have intruded to one or feveral, a degree of power incompatible with feeling, fentiment or princi- ple, and that after all their fufferings and op- preffions, under the utmoft abufe and perverfion of it, their only confolation is the death of the tyrant, be he one or many, funk below the level of the moft infamous of criminals and wretches, by his impurities, enormities, and crimes. So that in all thefe cafes, nations have only them- selves to blame, being in reality the caufe of their own calamities, by intruding unlimited power, or by allowing it to be ufurped by one or a few, rather than by dividing among themfelves in juft: and moderate proportion. Confidering the igno- rance, want of difcernment, vices, and other neceffary defects of princes, fuch conduct in the one cafe is folly and weaknefs ; in the other, confrv dering the wildom, the integrity, the humanity of mixed and restrained forms of government, where 4 i ON UNRESTRAINED POWER. where men are advanced, and fucceed according to the degree of their talents and merit, to limited power, both as to duration and extent, it is cer- tainly the higheft degree of weaknefs, pufillani- mity, and want of becoming dignity of mind, and of fentiment. II. AS human nature is the fame in all ages, and as in fimilar circumftances mankind are un- der the influence of like pafiions and defires, it may be expected that after this deduction of facts, illuftrative of the fubject of this Eflay from antient ftory, I mould alfo inforce it by a like feries collected from more modern annals. The expectation is natural, and though modern hiftorians are more folicitous to direct the atten- tion of the reader to genealogies, and treaties and battles, and the other glaring facts of hifto- ry, than to circumftances and events, illuftrative of the mind, manners and characters of princes and magiftrates entrufted with power and autho- rity ; and though my mind has often experienced both humility and indignation, during a recital fo difhonourable to our fpecies, yet the fmcerity and uprightnefs of my intention muft be my apology, for taking a mort and rapid view of modern ftory in reference to my fubject. For my fincere, and only view, in drawing up this treatife, is to prove by facts and experience, not by fophiftry and de- lufion, that virtue and unrcftrained power are inconv ON UNRESTRAINED POWER. 43 incompatible ; that though constantly defired, yet it is as conftantly abufed j that its progrefs, and that of the vices, the excefTes, the madnefs and rage of its poflefibr, and the debafement, the fuffer- ings, the miferies, of thofe who feel the effects of it, are always in the fame meafure and propoi> tion. And would to God, that wherever thefe papers are read, they may contribute to excite principles of moderation and humanity ; make princes and magistrates, inftead of dreading the mod wholefome reftraints on their authority, ra- ther wifli to fee it circumfcribed, by the neceflary checks and limitations of law and juftice ; and roufethe attention of ftates and communities, dili- gently to watch and guard againft the encroach- ments of their deluded fovereigns, or to recover (thofe unalienable rights and claims, which neither precedent nor time can ever annihilate or impair. For fo great is their importance, fo much does fecurity, enjoyment, and even virtue, depend on their prefervation, that to afTert them, even through all the horrors nd calamities of a civil war, would not be maintaining or acquiring them at too high a price. Such fcenes are, indeed, alarm- ing, and fo are ftorms and tempefts, which yet Contribute to correct and purify the elements, and are fqcceeded by health, ferenity, and the fun's benign and unclouded luftre. Jn the fame manner, revolutions in government, though they appear formidable at a diftance, and during their ferment and operation, yet when they have fpent themfelves and begin to fubfide, are fucceeded hy union. 44 ON UNRESTRAINED POWER. onion, concord, harmony, and peace. Befides, to make ufe of another allufion, though perpetual health be preferable to either a fever or a con- sumption, yet as few efcape thofe difeafes or others that refemble them, there is no one that would not prefer the temporary fury of the one, to the perpetual languor and debility of the other : for the one is an emblem of the ftruggles and con- vulfions that mud be undergone in the recovery of liberty and a conftitution ; the other of the eternal cppreflion, ficknefs, weaknefs, and mifery, to which nations and communities are doomed under unreftrained regal and tyrannical power. But to return from this digreffion. After the fubverfion of the Roman empire, the fall of that of the Goths, and of the Lom- bards, the decline of that of Charlemagne, and of the Cthos, the defolating factions of the Guelphs and Ghibilines-, andaftermany paroxyfms of delegation and anarchy, during a revolution of {o many ages, the beautiful, but faded and ex- haufted country of Italy began in fome degree to fubfide into order and tranquillity, and to form itfelf into various independent communities and dates. The rival pretentions and internal convulfions of thefe ftates and communities owing to various caufts, the factions of citizens, their intereft in affairs > the contagion of pafiions, always ardent and impetuous in fmsll and popular com- munities, produced infinite changes and viciffi- tudes. 1 he animofities of party, the arts of po- pularity, often exalted a fimple citizen into an abfolute ON UNRESTRAINED POWER. 45 abfolute prince. Frequent and mutual injuries inflamed all the pafiions into a degree of fever and rage. Power, whether popular or regal, could be maintained only by violence and blood. Hence all the feelings of nature, pity, remorfe, good-will, were blunted and in a manner eradi- cated out of the human bread. Princes purfued not only power, but amufement, through violence, blood and the wanton nefs of cruelty. Among feveral other dates, Milan fupplies us with too many examples of this obfervation. That fine country, like her neighbours, had experienced a variety of revolutions : fometimes a popular, fometimes a tyrannic influence prevailed. Seve- ral tyrants pafTed in fuccefiion to expulfion or to death. At laft the houfe of Vifconti had render- ed their power there hereditary. There were four brothers of them, who reigned over different diftrifts. As ufually happens, the eftablifliment of their power and influence feduced them to the perverfion and abufe of them. Bernardo Vifconti, aflbciated prince of that dutchy with his other bro- thers about the year 1374, and fole fovereign of feveral other ftates and principalities of Italy, was fo far loft to all fenfe of juftice, or common humanity, that he punifhed by death, and confif- cation of effects, whoever of his fubjects mould kill a boar, or other wild and favage animal ; nay, thofe who had trefpaffed in this way, or even tafted the flelh of fuch animals, within four years before the publication of this barbarous law, were fubjected to the fame penalty. In order to in- 3 dulge 46 ON UNRESTRAINED POWER.- dulge himfelf in the pleafures of the chace, he had collected upwards of five thoufand dogs, which he obliged the farmers and hufbandmen to maintain at their own charge and expence. Eve- ry month they were to bring them to undergo a fort of review or examination. If found lean and poor, or unluckily dead, their keepers were pu- nifhed with confifcation of effects, or other grie- vous penalty. The huntfmen of this unworthy prince were more dreaded than the magistrates of juftice. With regard to his administration in the more important affairs of his government, though his fubjects were abfolutely exhaufted and ruined by war, peftilence, and famine, all occafioned by his tyranny and ambition, yet without the lead regard to their fufferings and neceflities, he ftill continued to opprefs and drain them by heavy taxes and impofitions, in order to raifc money to carry on new and endlefs wars *. When two friars, out of a fenfe of duty, and humanity, and charity, ventured to mention to him the fatal confequences of fuch meafures, exafperated in- ftead of foftened by their intreaties and prayers, he ordered them to be immediately burnt alive. The fame hiftorian (on the authority of Corio) re- prefents Giovanni Maria Vifconti f, another prince of the fame houfe, and who lived in the begin- ning of the fifteenth century, as tranfplanted into fuch a demon of cruelty, by his unreftrained * Muratori Annali d' Italia, vol. xii. p. 257. Edit. Milan. f Muratori, anno 1412. vol. xiii. p. 12. power, ON UNRESTRAINED POWER. 47 power, and the bafe fubmiffion of his (objects, that he had dogs of chace trained to tear in pieces all whom he difliked, or who had incurred his difpleafure ; nay, that often for his amufement, he let them loofe, and hounded them on fuch as had nowife offended him. The accurate * Corio gives feveral inftances that make our blood run cold with horror. Thefe unworthy princes profeffed the Chriftian religion, but they profeffed it as taught and cor- rupted by the court of Rome. Notwithftanding their abominable lives, they founded monafteries, and attended the moft folemn offices of devotion j but Chriftianity had little influence on the man- ners of men, to excite them to the practice of juftice, humanity, and temperance, till the revival of its true fpirit and principles by the authors of the Reformation. But not to tire and mock the reader with innu- merable inftances that might be alleged, and (till confining myfelf principally to princes of mixed and, in fome refpects, even amiable characters; even the fo much boafted Leo X, the polite, the magnificent, the friend and patron of letters, and of learned men, and whom fo great a part of Eu- rope think proper to call the fucceffor and vifi- ble reprefentative of our Saviour and his apoftles, infallible, above all oaths and engagements, even a prince of fuch a defcription, could facrifice to his refentment and paflions the lives of reverend Corio, p. 303, Part, quart. cardinals, 48 ON UNRESTRAINED POWER. cardinals, from whom he had received long and efientiaj fer vices. This pontiff owed in a great meafure to the Cardinal de Siena, and his father Pandolfo Pe- trucci, both his own reftoration, and that of his brothers, to their influence and authority in Flo- rence. He was alfo greatly indebted to the inte- reft of the fame cardinal in the conclave, for his elevation to the pontificate , yet, inftead of a fuitable return, and fuch as a virtuous and grate- ful mind would have been impatient to make, for fo fignal proofs of attachment, affection, and efteem, he perfecuted both himfelf and his houfe, as if they had b?en always his greateft and mod inveterate enemies, driving both him and his brother from their city of Sienna. The cardinal being thus deprived of his patrimonial fortunes, was unable to fupport the dignity of his rank and quality, and naturally exafperated at fuch complicated ingratitude, in a perfon from whom he had a right to expect a very oppofite beha- viour , diftrefs and defpair inflame him with hopes of fatisf action, and of vengeance. He enters into defigns againft the life of the Pope. They are difcovered. His Holinefs is alarmed, and at laft prevails upon him to come to Rome, trufting in the Pope's promifes, proteftations, and a fate conduct given, and confirmed by word of mouth to the ambafladors of the king of Spain ; but no fooner was the deluded cardinal in his power, than promifes, proteftations, and fafe conduct were forgotten ; the expostulations and remon- ftrances ON UNRESTRAINED POWER. 49 ftrances of the ambafladors, alleging the reipedt due to their mailer, to whom the affurances were properly given, are difregarded ; he is thrown into prifon, and then ftrangled *, his holinefs af- fuming that, where the life of a pope is concerned, and poifon intended, no fafc- conduct, how par- ticular and explicit foever, is of any moment or avail. With the fame bafe deceit, perfidioufnefs, and ingratitude, he inveigles fome time after in- to his cattle of St. Angelo, Giampaolo Baglione, whom, after fubjecting during two whole months to all the inconveniencies and horrors of a prifon, he at length relieves by ordering him to be be- headed -f . Such are the crimes, to which are encouraged, even in many refpects, deferving characters, when fuffered to violate juftice and equity without fear of the confequences. We meet with fimilar exceifes in all countries where caprice and paflion, not law and juftice, are the meafures of co' imand and obedience. Our neighbours of France are fo infenfible to the natu- ral and unalienable rights of every people and nation, and to the memory of their former legal and limited government, that even their principal nobility, and princes of the blood, have the bafenefs and meanfpiritednefs to fuffer themfelves to be carried and thrown into prifon, in confe- quence of an order from a minifter, often a fo- reigner or unworthy upftart, and their inferior in every right and pretenfion to confidence, 9 Guicciardini, lib. xiii. p. 144. f Ibid. lib. xiii. p. 170* D power 9 5 o ON UNRESTRAINED POWER. power, and the adminiftration of affairs. Yet thefe great perfons, fo vain of their titles, the names of their houfes, the emblems of their ho- nours, and accuftomed from their infancy to eve- ry refinement and delicacy of accommodation, can tamely fubmit to be buried months and years in loathfome or uncomfortable prifons, to the in- finite detiiment of their healths and fortunes, and to be excluded from all intercourse with their families, friends, and from every opportunity and means of exculpation and defence. Perhaps, in- deed, when the malice of the minifter, minion, or cou r t, is in fome degree latiated with their lonely fuffering and miferies, they at laft obtain the favour of being fcntenced by commiflioners, to be broken en the wheel. This free career to malice and vengeance, in which one knows not whether the femlity and tamenefs of the fuffering nation, or the infjlence and brutaliry d their tyrants, is molt culpable, ha^ encouraged and in- ftigated the foverdgns and mir.iilers or tint in- genious and warlike nation, to the perpetration of zhe moil horrid and fhocki-g initances of cruelty and barbarity. It may be worth our pains to de- fcend to a few inflance-,. Lewis X. (who reigned in the beginning of the fourteenth ceniury), agree- ably to the uiual noble and generous policy of abfolute princes, oppreffed the trench nation un- der the pretence of neccfiary wars, expofed to fale all offices of judicature, exhaufted and pillaged his defencclefs clergy, forced the Haves or villains, how contrary foever to their inclination, to pur- chafe ON UNRESTRAINED POWER. 51 chafe what was called their liberty, by the fale of their moveables, their very beds, table and chairs (for this was a fpecies of property they were capable of acquiring). Among various other proofs of his arbitrary and cruel difpofition, his proceedings with regard to Raoul de Prefle, the moft eminent advocate of his times, particu- larly excite both our companion and indignation. The motive for lb fcandalous a violation of juf- t'ce and humanity, was to prevent this diftinguilh- ed lawyer from aftifting with his talents and elo- . quence, his friend, the well known Enguerrand de Marigny, whom the king's uncle, Charles of Valois, and the court were refolved to deftroy. Before we give an account of the iffue of this bloody affair, it may be neceffary to fay a few words of this remarkable perfon and unfortunate minifter. He was defcended of an ancient family in Normandy. His fine perfon, his wit and ad- drefs, recommended him to the favour of Philip the Fair. The more he was employed, the greater proofs he gave of his penetration and capacity for affairs. Hence he was diftinguifhed with offices and honours, confidered as the king's prin- cipal minifter, and the fource of all the public meafures. His perfecution alluded to in the fuc- ceeding reign, was owing to malice and avarice. He had offended Charles de V r alois the king's uncle, by efpoufing the interefts of a perfon he diQiked, in a fuit at law (about fo trifling a matter as a mill), in preference to one he affecled. Money was alfo wanting to defray the expence of the D z core- 52 ON UNRESTRAINED POWER. coronation. Marigny was not popular, and was reckoned immenfely rich. Affection, and a per- fuafion of his innocence, induced the celebrated Raoul de Preles to undertake his defence. Fear- ful of his efcape, and in order to deprive him of the fupport of fo able an advocate, the court adds a greater crime to their intended one. They have the audacity to accufe the great orator himfelf of being concerned in the death of the late king ; he is apprehended and hurried to prifon, and fuch was the diabolical impetuofity of the unworthy prince and his minifter, that by the molt mon- ftrous of all proceedings, without waiting till fen- tence was formally pronounced againft him, they begin by confifcating all his fortunes, which were not even reftored to him after his innocence was acknowledged, and he was fet at his liberty. Louis had beftowed them on one of his favourites Pierre Machaut, who, even after the acquittal of Raoul, had fuch an influence over his mailer, as to oblige and force the much injured perfon him- felf*, and even his wife and children, to make an abfolute conveyance of them, confirmed by an oath, never hereafter to reclaim them. As fome- times is the cafe with princes, on his death-bed, Louis alarmed by the itings and upbraidings of confcience, lamented the injuftice of his proceed- ings, and ordered reftitution to be made. As to Marigny, he was condemned to the ignominy of the gallows. t Boulainvillicrs, vol. iii. p. 369. and Villaret, torn. viii. p. 16. The ON UNRESTRAINED POWER. 53 The arbitrary nature of King John of France, the tumults and calamities of his reign, the battle of Poictiers, his long captivity, and the gallant generality of the Prince of Wales, are known to all the world. This prince fufpected feveral of the nobleffe of being concerned with the King of Navarre, in the aflaffination of his favourite Charles of Spain. At his fuggeftion, his fon, the Dauphin, invites them to a banquet in his do- mains. They had juft fat down to table, when the king, who had fet out the night before, and been received into the caftle by a private poftern, enters the hall with a hundred men in complete armour. All prefent immediately rife from their feats and offer him the cup of feftivity, but the king, darting a terrible look at them, cries with a ftern voice, Let no one flir under pain of death. There is nothing but confufion and uproar. Some effect their efcape over the walls, but the King of Navarre, and moft of the nobility accompanying him (for that prince alfo was of the party), are inftantly loaded with chains, and hurried to dif- ferent chambers of the caftle. After a proceeding fo indecent and unbecoming of majefty, the king could fit down to table. As Toon as he had dined, he orders into two carts or waggons, the Comte de Plarcourt, the Seigneurs de Graville and Oli- vier Doublet. Then accompanied by the Dau- phin his fon, and his band of armed men, he mounts on horfeback, himfelf conducting the prifoners. Villani relates, that as thefe unfortu- nate perfons were paffing through the market- D 3 place . 5* ON UNRESTRAINED POWER. phce of Rouen, the inhabitants aftonifned at (o unexpe&ed a fpectacle, would certainly have re- fcued them ; but the king taking off his helmet, le himfelf known, and no one had the cour.-ge t ' '. e At the fame time, he had rhe meannefs tc La oi his porker ' paper or parc'.mcnt, to which feveral iVals were affixed, protesting it was a treaty entered into by the prifoners with the King of England. 1 he fame author adds, that the Lomte cie Harcourt, and the three other gen- tlemen, denied to their death having any know- ledge of that treaty. Notwithstanding, they were led out of the city to a field, called the field of Pardon, where they were beheaded, even in the prefence of the king and of the dauphin. Thus v/as law and the very forms of it infulted, thus was majefty degraded into the office of a con- liable, of an executioner, of a tyrant, apprehend- ing and dragging to punifhment wi:h his own hands the innocent, and fatiating his eyes with their blood. As is remarked by the late hiilorian of France, Nothing was wanting to fmiih the piece, but his polluting his facred hands by the mod horrible of functions. Their bodies were hung in chains to the gallows of Rouen *, their heads were placed be fide them on pikes or lances fixed for the purpofe. This -k.Tnt and bloody action, in contempt of all forms and notions of jufldce, was one of the principal caufes of rhe confufions and calamities of this reign. The king * Viilarer, vol. ix. p. 151, &:. hud ON UNRESTRAINED POWER. 55 had his reafons for proceeding in a different man- ner with regard to the King of Navarre. It is furprifing, that the difpofition to harafs, opprefs, and diffufe ruin and mifery fhould be fo general in human nature. It is aftonifhing that a rational being, an individual, mould wifh to purchafe enjoyment at the price of the Offer- ings of numbers. Yet we can difcover this pro- penfity, in a greater or lefs degree, in every rank of life. The effects of it are more frequent in the higher ranks, becaufe the opportunities are fo. To thofe who are acquainted with the nature of the feudal government, it will excite little won- der, to meet with them in the conduct and pro- ceedings of the baronial jurifdiclions \ yet the exactions and extortions of thofe times can hard- ly be believed in our days. Their effects were feverely felt during the minority of Charles the VI. and even after he took the administration into his own hands. His uncles the Dukes of Anjou, Bourgone and Berry, had obtained dif- ferent governments, with almofl unlimited powers. As they were all of them fenfual, prodigal, arro- gant men, felf-interefted, without regard to the welfare of their country , inltead of guardians and promoteis of the public iecurity and happi- nefs, they were enemies and oppreffors. 'I he tyranny of the Duke of Berry was earned ro fuch an excels in his government or Languedoc, that the inhabitants driven to defpair, and no lunger able to endure it, were forced to fend a depura- tion with their complaints to the throne. The D 4 peri cm 5 6 ON UNRESTRAINED POWER. perfon intruded with this dangerous com million, was Jean de Grandfeve of the order of Bernardins. There was no fpecies of extortion to which the inhabitants had not been expofed. The towns and country laid under contribution by mercilefs exactors, prefented a frightful picture of ruin and defolation; taxes and impofitions of every kind, were renewed to five and even fix times in a year; the people were hardly allowed time to breathe. Their goods were diftrained, their perfons drag- ged to prifon , punifhment followed the very thought of refiftance. More than forty thoufand families obliged to abandon their country, had fled for refuge to Arragon and the neighbouring provinces. So odious an abufe of unlimited au- thority, had gone near to have made a defert of one of the fined; countries of France. As the un- happy fufferers were afraid to accufe the duke himfelf, Betizac his fecretary and chief inftrument was attacked. He was a fellow without honour, principle, or feeling ; abject to his fuperiors, info- lent to thofe belov/ him, but fertile in ruinous ex- pedients, and a good calculator. As his avarice was infatiable, he had amafied an immenfe fortune by the mod iniquitous methods. In other refpects he was timid, heavy, ignorant, without parts or talents. Yer, fuch was his confidence in his matter's fupport, and in his ill-at quired wealth, that iv hen aiktd by his ju- ges, how he had amaiT- ;: u real ores, he had the infolence to after, the Duke of Berry, rvants mould grow rich. Not- ON UNRESTRAINED POWER. 57 Notwithftanding the plaincft proof in the courfe of the trial, of the charges brought againft him, the duke was not afhamed to fend a meffage to the judges, giving a fanction to his conduct, and avowing that whatever he had done, was by his order and authority. This meffage a good deal embarralTed the council ; however, not to fuffer fuch a villain to efcape, they fend a pretended friend to tell him, next morning is deftined for his execution , and toperfuade him, that if he con- feffed himfelf an heretic, he would be claimed by the ecclefiaftical jurifdi&ion, fent to Avignon, and acquitted by means of the credit of his matter the Duke of Berry. This ftratagem had the defired effect, for when the young king was informed that he profeffed to believe neither in the trinity, nor the incarnation, nor the immortality of the foul, he exclaimed he is a bad man, he is an heretic and thief, our pleafure is that he be burned and hanged, nor mail all the credit of our dear uncle, the Duke of Berry, ever Serve to fcreen and fave him*. Owing to this mean and difmgenuous artifice, inftead of perhaps a milder punifhment, he was burned alive. According to the barbarous rafhion of the age, in which princes and magistrates not only puffed fentence, but law it executed, the king himfelf was a Spectator of the horrid fight from the windows of his palace. To give a fanction to the punifhment of the guiity, is Sufficient pain to a feeling and fenfible mind, to behold it in its * Vilia.ct, vol. xii. p. 49, 50. molt j8 ON UNRESTRAINED POWER. moft horrid forms from curiofity or complacency, is the par: of a favage, barbarian, or tyrant, not of a man, a judge, or a king. Notwkhftanding the bigotted devotion of Lewis Xi. though he built churches, endowed monas- teries, travelled in pilgrimage, confided in relics, worfhipped a leaden deity, yet (fo different a thing is true piety and virtue) he had miftrefle?, and three bafiards, was the immediate or remote caufe of his father's miicrable death, yet. he mur- dered by poilcn his wife and his brother, and made the balelt rerurns of ingratitude to the good Duke of Burgundy, who hud afforded him a princely fupport during wjany years, while on ill terms with his father; yet we are toid by the faithful and moral Philip de Ccmines, that con- fiding, and encouraged by his mercenary troops and abject courtiers, he put to death no fewer than four thoufind perfons, without any madovv of conviction or trial. They were drowned, or ftabbed, or ftrangled in prifon. Nay, fo cool and deliberate was his cruelty, that he even car- ried into it a degree of ingenuity and refinement, havi.no- invented a kind of iron cage, in which he immured the principal perfons of his kingdom nobles, magiilrates, generals, depriving them net only of liberty, but even of motion, treating ra- tional beings (it Ls needlefs to add ChriiHans) like favage animals, like beads of prey, and of car- nage. To defcend to particulars would be end- lefs , however, to (hew what monfters uncon- trolled power can make of us, let us confider this prince's N UNRESTRAINED POWER. 59 prince's treatment of Jacques d'Armagnac, due de Nemours, and a defcendent of the houfe of Clovis. He ordered him to be beheaded *, and by a new refinement in cruelty, his fons, the el- deft of which was but twelve years old, to ap- pear on the fcafFold, bareheaded, their hands tied, and dreiTed in white, that they may be fprinkled with the blood of their expiring, murdered pa- rent. This unfortunate nobleman was tried by commiffioners, and therefore probably innocent. His crime is unknown. He was put into an iron cage, underwent the torture there, received fentence there. After the horrible fcer^ alluded to above, his children were concluded, covered with the blood of their father, to the Baftile, and put in dungeons in the form of huts, where the unealy pofture they were fubjected to, was a con- tinual punifhment and fufTcring. Not even yet fatiated, their teeth were pulled out at different intervals. '1 he fortunes of this inhumanely treat- ed family, were (hired without a blufh among the very commiffioners, the prince's judges. Though the progreis of' letters and of com- merce, and the revival of genuine Chrifti .nit y , with other caufes, have contributed in a great degree to fupply the clefecls of law, and to check and rcilrain this criminal and atrocious abufe of power in princes and minifters , yet lb violent and unfeeling are fuch characters, and the ::r:-ad of diftant and future punifhment of fuch feeble * EfTds Hit' or. fur Paris, vol. i p. 8;. influence 6o ON UNRESTRAINED POWER. influence over them, that the annals of more modern times are ftill polluted and difgraced with too many inftances of the perverfion of their power, to the gratification of their malice and vengeance. To allege any example taken from the tranf- ports of religious zeal and bigotry, is certainly not applicable to the fubjec"t of this effay. Though the following one may at firft fight ap- pear of this nature, yet it will be found, upon a more attentive consideration, to be more pro- perly of unnecelTary and wanton cruelty, proceed- ing from pique and difguft an.! unawed autho- rity j for furely any apprehenfion of the young man's difcovering fo important a fecret, might have been guarded againft in other ways than by his murder, and that too by a rival and enemy. Though the fatal day and cataflrophe of St. Bar- tholemew, will render abhorred to latefl: pofteri- ty the name and character of Charles the IXth; yet, in other refpe&s, when not under the bane- ful influence of fuperftition, and falfe and diabo- lical notions of religion, he was not a prince of a cruel and fanguinary nature. Nothing, how- ever, can excufe or palliate the following in> ftance of wanton and unneceflary barbarity. Lig- nerolies was a young man of fafhion, much efteemed in the court of that prince. His fine parts, and high fpirit, had recommended him in a particular manner to the Duke of Anjou. As they were one day converfing together in an unreierved manner (as they frequently did on the prefent ON UNRESTRAINED POWER. 6 r prefent ftate of affairs) the Duke, in order to learn Lignerolles' fentiments in a matter of fo great importance, difcovered (for he had the mod en- tire confidence in him) the king's refolution with regard to the horrid maffacre that followed. Some days afterwards, Lignerolles happening to be in the prefence, when the king (agreeably to his wonted diflimulation) having difmhTed fome of the Huguenot Lords with great marks of confidence and efteem, and then feemed highly difpleafed at their unreafonable demands ; the in- difcreet young ftatefman, either from want of re- tention, or agreeable to the natural vanity of youth (proud of being made privy to a fecret of fuch moment) came forward and whifpered in the king's ear, that his Majefty might bear pa- tiently, and even laugh at their infolence and pre- emption, fince in a few days they would be dri- ven into the net, and then he would have them at difcretion. The king was highly provoked, but pretending not to underftand him, retired. When immediately fending for the Count de Retz, Lig- nerolles' intimate friend, and to whom he fuf- pedted he had betrayed his fecret, he feverely re- proached him with the favours he had fo ill de- fended; and threatened to make him f^cl all the weight of his refentment for his treachery and perridioufnefs. The Count protefting his inno- cence, the Queen was then called, and at lad the Duke of Anjou, who acknowledged his in- diicretion , but faid he was confident the affair would never be mentioned by his friend Lig- i nerolles. 6i ON UNRESTRAINED POWER. nerolles. That it (hall not, replied the king, for he (hall no longer live to have the opportunity*. Upon which his Majefty, pretending to take the diverfion of hunting (which he often did at all hours), and Lignerolles following agreeably to the cufrom of the Court, the imprudent young man was inveigled afide from the company un- der fome pretence or other, and then barbaroufly murdered by a rival and enemy, purpofely chofen to imbitter his fate. Confiderina; the delug-e of blood that followed, perhaps this prelude to it may not appear fo furprifing , but a limited prince, under trie restraint of law and account, however bigotted or imbruted by fuperftition, would never have dared fo malicious, wanton, and unneceflary an aflailination. There is no expedient (even that of taking ad- vantage of the weaknefs and credulity of man- kind), which princes and minifters will not make life of in order to gratify their odious and inhu- man pafnons and refentments. In the reign of Lewis XIII., weak and indolent, and a king only m name ; his minifter Richlieu, whom yet he both feared and hated, and whofe memory and adminiftration (notwithstanding the invincible prejudices of certain writers) will ever be detefted by all good Frenchmen, ordered one Grandier to be brought to a trial upon a moft ridiculous ac- cufation, and in our days almoft incredible. This perfon was cure and canon of Loudon, of a fine figure, and an eloquent preacher. The monks, * Davila, lib, v. p. 280. who ON UNRESTRAINED POWER. 63 who envied and hated him, accufed him of car- rying on an amorous intercourfe with feveral of the nuns of the place. They even perfuaded or corrupted not a few of thefe unhappy and ig- norant victims, to charge him with having gained a criminal afcendancy over them by magic 2nd enchantment. In order to enfure the fuccefs of their malevolent dcfigns againft the unfortunate Grandier, they endeavour to intereft the cardi- nal in his condemnation, by reprefenting him as the author of a fevere fatire or libel on his perfon and family. Richlieu, who had not generofity or greatnefs of mind to flight or pardon the lead reflection to his own difparagement, readily gave credit to the calumny , and though he certainly believed neither in forcery nor witchcraft, with a view to prevent even a pofhbility of acquittal, ordered Grandier to be tried by commitTioners, carefully Selected upon account of iheir ignorance and credulity. The confequences were natural, and what might have been expected : unanimous- ly, without remorfe or pity, they condemn the forlorn victim, fir ft to the ignominy of the amende honorable, and then to the cruel death of being burned alive. To throw further light on the ahufe of uncon- trolled power in this fine country, and on the defpicable Situation to which the inhabitants, and efpecial!y the better fort, have reduced them- felves by their unmanly and criminal infenfibility and abject Submiffion, I fhail only quote a paf- fage from Renneville's hiilory of the Baftile, that Sojourn 64 ON UNRESTRAINED POWER. fojourn of folitude, of unpitied tears, of hope- lefs mifery. He enumerates various grievous indignities and feverities to which even people of quality and condition are expofed, who are im- mured either in that, or in other places of ftate- confinement in France. Among the reft he mentions locking the feet in a diabolical ring, by a thick heavy chain, and a great globe of iron of an enormous weight. To (hew the want of feeling, and of a fenfe of perfonal dignity in that thoughrlefs people, they can ludicroufly call thefe rings, &c. the King's nets. Renneville adds, I have feen many eminent perfons in thefe prifons and dungeons, dreary, melancholy and unwhole- ibme, with thefe chains about their legs ; degraded and infulted in this manner, not upon account of the violation of the laws, but for the moft trivial offences againft the Court. When one confiders the character of Philip II. of Spain ; his diabolical bigotry or diflimulation ; his previous fecret marriage with Donna Ifabella Ofibrio, when he publicly married his firft wife Mary of Portugal , his murder of his own fon, and of his own wife , the former by aflamnation, the latter by poifon j his forcing the prince of Af- coli to marry a lady great with child by the king himfelf ; his opprefiion of his own fubjects, of Spain and Italy , his cruelties in the Low Countries ; his attempts againft all his neigh- bours , the ruin and defolation he fpread over the continent and iflands of unhappy America; the cruel ON UNRESTRAINED POWER. 6j cruel and bloody disturbances he fomented and aggravated in Europe (all which prove him to have been a very wicked but a very injudicious prince* and the mod diftant from being the ftatefman his admirers pretend) ; to infift on the following inftance of his difregard of even the appearances of juftice, is falling into a kind of bathos in the hiftory of the abufes of power ; it is almoft like cenfuring breach of promife in a villain who had been guilty of robbery, and ra- pine, and murder ; however, as it is characterif- tic of the licence of authority, I fhall juft men- tion it. A Spanifh nobleman had incurred this prince's difpleafure by fome piece of negligence, or feeming want of refpect. Attentive folely to the fuggeftions of paffion and refentment, with- out deigning reproof, contemning all forms of law, accufation, trial, witnefs, fentence, he im- mediately orders him to be publicly afiailinated in the ftreets of Madrid. What is almoft as fhocking and extraordinary, his own confeflbr had the audacity to defend and palliate the action [E]. Notwithftanding the excellence of our own government, yet during periods of a fort of anarchy and the fluctuation of the conftitution, we are fliocked with feveral inftances of oppref- lion, malice, cruelty, and barbarity in our princes and magiftrates. As many of thefe are taken notice of by our numerous writers of hiftory, but particularly by Mr. Hume, whofe work is in every one's hands, it may be the lefs neceffary to E infill 66 ON UNRESTRAINED POWER. fnfift on them } however, for the fake of uni- formity, and as a fpecimen of the others, I (Hall give two or three inftances. The beginning of a new reign is fometimes fa- vourable to juftice and humanity. The motive is often caprice, or diflike of whatever was done during the former adminiftration ; it may alfo be owing to the mind not being yet corrupted and hardened by the long pofleflion of power ; the latter reafon is by no means an improbable one, as the progrefs and conclufion of fuch reigns do not often correfpond with their commencement. The fact and reign we are going to allude to, is no inconfiderable proof of the truth of the obiervation. We learn from Roger Hoveden, that among the perfons fet at liberty upon Richard I.'s ac- cefllon to the throne, thofe were no inconfider- able number who had been apprehended, and detained in prifon at the fuit of the king or that of his juftice, and who were not confined agree- ably to a legal proceeding in the county or hun- dred, or by appeal. The fame kind of oppref- fion and tyranny was practifed by the minifters of kin^ John; and fo contagious is this fpirit, that in the reign of the firft Edward, the barons were very defirous of having the fame power of imprifoning perfons at their pleafures, for tref- pafles committed in their parks and ponds j but Edward did not chufe affociates with him in this royal licence, and rejected their petition. The ri- diculous ON UNRESTRAINED POWER. 6f diculous feverity of our modern game-laws [F], is a fpecies of the fame kind of tyranny and opprek iion ; and another proof of the propenfity of mankind, to encroach on the plained and com- moneft rights, and to pervert the advantages of their fituation, to the irritating inconvenience and even fufferings of their neighbours, and fellow-ei- tizens, notwithstanding all the checks and re- ftraints of civility and letters, morality and go- fpel. In the ioth year of the fame prince, the archbifhop of Canterbury thus complains and expoftulates in parliament : " Among other hea- " vy grievances, how many freemen of the realm " have been thrown into diver fe prifons by the *' king*s minifters there, to be immured and ex- " eluded from all the rights of men and citi* " zens, as if they had been fo many flaves. Of " thefe, how many in thofe fojourns of difeafe, of ' mifery, and of oblivion, have died of hunger, " of grief-, and feveral even of the very weight " of their chains ? From others of better condi- " tion, exorbitant fums of money have been ex- ** tor ted for their ranfom as it were, and reco- " very of their liberty, to the infinite detriment, 41 and often the ruin of themfelves, their wives " and children." That odious and contemptible prince, King John; that perjured fovereign; that betrayer of the honour and independence of his country; that voluntary vaflal of an arrogant pontiff, the progrefs of whofe ufurpation is a reproach and E 2 difgrace 68 ON UNRESTRAINED POWER. difgrace to the common fenie of mankind; that wretch, who to recover what the Englifh nation thought him unworthy of, would have apofta- tifed to the fuperftition of Mahomet, and become the tributary of an infidel and a barbarian -, among other inftances of his violence and cruel- ty, caufed GeorTry, Archdeacon of Norwich, to be dragged to prifon and thrown into chains s and not yet fatiated, a few days afterwards a leaden ape to be laid upon him, with whofe preiTure, and for want of fuftenance, he foon ex- pired in the agonies of hunger and torment. Even perfons entrufted with a delegated authori- ty, and unhallowed by a crown, can imbibe the fame principles and maxims, and act according- ly, when not deterred by the fear of future con- fequences. Thus, during the minority of Ri- chard II., an Irifn monk having accufed the Duke of Lancafter of dangerous and treafonable defigns, was firft committed to prifon, and then with a view to itifle his evidence, barbaroufly murdered by the Duke's order. In this reign alfo the Duke cf Glouctller was dabbed in pri- fon at Calais. Mis nephew, King Richard, not daring to bring him to a public trial, had thrown him into that place of coniinemenr, where he was privately murdered by his Majeuy's order, norwithflanding a parlian-entary fanction and par- don of the proceedings of his adminiuration. The king's cruel violence againft his uncle, was owing to that virtuous nobleman's difapproba- tion of the prodigality and tyranny of his ne- phew's ON UNRESTRAINED POWER. 69 phew's conduct, and the pernicious licence and influence of his favourites and minions; yet the Duke of Gloucefter was a friend to his country* generous, eloquent, and brave. Various caufes concurred, the oceans of blood of the nobility, gentry, commonality, poured out not generouQy in defence of a conftitution, but abfurdly in the caufe of rival pretenders to a throne, none of whom were worthy of wearing it (one of the admirable advantages of regal go- vernment -, the united titles of the rofes in Hen- ry VI!. by marriage ; the fuccefs of that prince againft his foreign and domeftic enemies, and that temporary relaxation of fpirit, in mainte- nance both of national rights and privileges, and the profecution of enterprife whether com- mercial or military , to which, during certain pe- riods of their hiftory, all countries are fubject; all thele realbns and circumftances, with many others in this and the following reigns, confpired to encourage the princes of the houfe of Tudor, to exercife a kind of defpotic authority in Eng- land, unknown to our conftitution, and to the maxims of our ancestors and of former fove- reigns, during times of order and regular govern- ment. The firft prince of that houfe is as well entitled to our abhorrence on thefe accounts, as mod of his fuccelTors. We all read with fatif- faction the deferved, though illegal fate of Emp- fom and Dudley, thofe proftitute tools of his ex- actions and oppreflions. Notwithstanding the fu- E 3 perior 7 o ON UNRESTRAINED POWER. perior birth and education of the latter, they were equally the, vile inftruments of his avarice and tyranny. At firft they paid fome regard to appearances, but the abject fubmifllon of the na- tion foon gave them confidence to difdain even the palliations of decency. They no longer pro- ceed by what is called indictment. Perfons of rank and confideration are thrown into prifon, and for ever precluded the right of felf-defence and of trial. The only means of recovering their liberty, is by the payment of heavy fines or ran- foms, which are foftened with the names of miti- gations and compofitions. By degrees the very forms of law are flighted. They fummon and examine in their own houfes, and pafs fentence, without regard to either witnefs or juries. When they deign to require the afiiftance of that bul- wark of Englifh independence; if thofe who formed it, prefumed to determine contrary to the inclination and views of thefe inquifitors, they were infultcd, abufed, nay fined, imprifoned, pu- nifhed. The exceflive powers of the feudal law which then prevailed, were ftrained to the higheft pitch. Heirs of family, the king's wards, could not enter into pofiefilon of their eftates, but at the penalty of exorbitant fines. The penal fta- tutes were extended and abufed to all the purpo- fes of avarice and inhumanity. To treat this fubject properly, in reference to our own hiftory, would require a diftinct treatife. But it is time to turn our eyes from a picture fo (hocking, fo difhonourable to our fpecies. I truft, ON UNRESTRAINED POWER. 71 truft, however, that though drawn by fo unikil- ful an hand, the colours will laft, and the draught be of fervice, at leaft to my country- men and fellow-citizens. For confidering the pro- grefs of arbitrary power in the nations around usj the increafe of taxes, of armies, both civil and military ; the defencelefs ftate of the un- armed ; our frequent intercourfe with foreign and defpotic courts, both by negociation and travel, particularly that of France , our equally injudicious and corrupt admiration of their poli- tics and manners 3 our own effeminacy, felfifh- nefs, and difregard of public good ; and let me add, a mod alarming fymptom (notwithftanding the fneers of certain perfons), the ridicule and contempt into which the molt noble of characters, that of a patriot or lover of his country, has lately fallen, through the artifices of fome and hypocrify of others , I fay, confidering all thefe multiplied reafons and circumftances, it is cer- tainly, and in a very high degree, the duty of all perfons of liberal fentiment and of political reflection, and whofe experience is not confined to the narrow obfervation of their own times, to call forth all their attention j to look for- ward, and to anticipate what may be the pro- bable condition of their children and defendants in no very diftant period. The very fcenes, the very exceffes and enormities we have been de- fcribing, may be again repeated, and even with, aggravation. E 4 The 72 ON UNRESTRAINED POWER. The legiflature, the fountain of juflice and equity (the calamity is not without precedent), may be corrupted in its very fource , may be perverted into a tool of oppreffion and tenfold tyranny, and the reftraints of law and controul, being fapped or thrown down, the princes of Europe [G] may be inflamed into fiends and de- mons, their fubjects degraded into the vileft (laves and beads of burthen. In vain is it pro- teftcd by every prince, by every minifter, that nothing is fo diftant from their views as oppref- fion and tyranny ; that they abhor and deteft fuch maxims and proceedings, and what appear- ance foever a meafure may have of innovation, or oppofition to the fpirit and genius of our constitution ; be it the fufpenfion of our palla- dium, Or foreign troops and mercenaries, or op- preffive taxes, yet their only purpofe in the mea- fure is the fecurity, fupport, and reputation of the empire. Notwithstanding all hiftory, and I truft this effay too, plainly proves the contrary, calls aloud not to believe or truft them, and de- clares in every page, that whenever princes or rniniiters meet not with obstacles to their views and dcfigns, however felfifh or ruinous, and though aimed at the very corner-ftones and pil- lars of the conftitution, they will endeavour to attempt, if not rcfolutely oppofed, to undermine, or openly to overturn them [H]; and that un- rcftrained power is not to be trufted in mortal hands, but will ever be abufed to the ruin and miferv ON UNRESTRAINED POWER. 73 mifery of thofe who are fubject to it ; and in the end, fpite of their injudicious pride and igno- rance, to that of the pofTeiTors. In a few words, to all thefe ignorant or infidious proteftations of princes and minifters, the experience of all ages authorifes and commands us to reply in the ftrong and emphatical language of Cicero, " Non faciemus, inquit, primum nefcio : deinde timeo : poftremo non committam ut veftro beneficio potius quam noftro confilio falvi efie pofli- mus [I]. NOTES. Note [A], p. 15. MADAM de Sevigne writes to her daughter, 4th of September 1675, That when upon the death of M. de Turenne, the Chevalier de Coiflin faid or intimated he could ferve no longer after having: loft that great man; that he was in an ill ftate of health; that folely to fee him, and to be with him, he had at- ed in the laft campaign ; but that having him now no longer, he would go to Bourbon, Lewis XIV. was fo much offended, that he immediately gave away his regiment, and threatened, that ere it not upon ac- count of his brothers, he would have fent him to the Baftile. Were not his admiration, and grief, and de- jection excufable ! Had he confpireu againft the king, could he have refented it in a much higher tone of fe* verity? What folly! what mean-fpiritedaefs in a na- tion, in gentlemen, to fuffer any individual, any prince to arrogate fuch pernicious licence ! Note [BJ, p. 16. r T" HOUGH Lyfimachus had the good fortune to efcape out of the jaws of the lion ; yet afterwards, when he was raifed to a throne, the hazard he had run, and the infult he had fuffered, did not teach him more humanity and felf-command. The account given us by Seneca NOTES. # Seneca and Plutarch of his treatment of his friend Te- lefphorus the Rhodian fhew, that he far exceeded his mafter in the favage violence of his nature. He endea- voured by the moft barbarous mutilations, to deprive him even of our human figure. He cut off his nofe and ears, fed him in a pit like a wild bead, conftrained him to fuffocate and putrify in his natural difcharges, and by the narrownefs of the place, to go on all fours, on his hands and knees ; hence he was fuch a fpeihcle as was equally beaftly and horrible ; yet as the philo- fopher with great juftice remarks, when he who fuffered fuch things was leaft like a man, he was more like one than he who inflicted them. Seneca de Ira, & Plutarch de Exilio. The reafon of this brutal a&ion of Alexander's, was jLyfimachus's compaflion for the cruel fate of Callifthenes, the philofopher, a perfon of great virtue and merit, and whom Alexander had moft unjuftly condemned to die, by torture. Lyfimachus liftened with a melancholy pleafure to his laft instructions, which were ali of a moral nature (the ferenity of his foul allowed him to give them even in that extremity), and then, in order to put a period to his agonies, humanely and generoufly gave him poifon. It feems the intoxication of power very fpeedily effaced their impreflion. Note [C], p. 22. 'pHE faithful experience of hiftory fuggefted the fame obfervation to Machiavel, " E di tutte le fervitu dure, quella e duriflima che ti fottimette ad una Repu- blica. Perche il fine della Republica e enervare e inde- bolire (per accrefcere il corpo fuo), tutti gli aitri cor- pi, &c. Difcorfi, lib. ii. cap. ii. Note p NOTES. Note [Dj, p. 25. /^OME era il Populo Romano, il quale mentre duro la Republica incorrotta, non fervi mai umil- mente, ne mai domino fuperbamente, anzi con ii fuoi ordini e magiftrati tenne il grado fuo onorevomente. Machiavelli difcorfi, lib. i. c. lviii. The true method of acquiring and maintaining do- minion and territory in general, is admirably fhewn by the fame great man, and illuftrated in the example of the Romans. Vid. Difcorfi, lib. i. cap. xxxiii. and lib. ii. cap. xxi. Indeed it is fo obvious to good fenfc, true policy and humanity, that it alfo occurs where one would lead: h;:ve expected it, even in Pantagruel, liv. ii. C3p. i. Notercz done ici bouveurs, que la maniere d'entretenir & retenir pays, nouvcllement conqueftez, n'eft (comme a efte l'opinion erronee de certains efprits tyranniques a leur dam .5c defhonneur), les peuples pillant, forcant, angariant, ruinant, mai vexant Sc re- gifTant avee verges de kr," Sic. p. 35, 36, 37, 38. vol. iv. Rablais ec:t. 1752. It is pity that certain characters who at prefent talk fo much of reputation, dignity, Sec. would not read and profit by the following obfervations : " Le droit de " la guerre derive done de la neceflite Si du jufle ri- " cride. Si ceux oui diriment la confeience, ou les on- " foils do princes, ne fe tiennent pas la, tout eft pcr- " du ; '., lorfqu'on fe fondera fur de- ; .icipes ar- " bitraires de gloirc, de bienfeance, u'utilite, de fiots " de fang inonderont la terre. " Que Ton ne parle pas fur tout de la gloire du " prince. Sa gloirc fcroit fon orgueil 5 e'eft une paf- " fion, Si. non pas un droit legitime. II NOTES. fj * { II eft vrai que la reputation de fa puiffance pour- *' roit augmenter les forces de fon etat ; mais la repu- '* tation de fa juftice les augmenteroit tout de merne.** L'Efprit des Loix, liv. x, cap. ii. Note [E], p. 65. |T may be worth while to obferve that when An- tonio Perez, fecretary of ftate and favourite to this prince, was put to the moft cruel torture, Father Lati- nos, a Francifcan preacher, in a fermon in the king's chapel, thus addrefles himfelf to the courtiers : " Mor- " tals, what is it you are all mad and gaping about with " open mouths ? What, do you not fee the danger you " live in ? Do you not fee it ? Do you not fee thofe " who were the other day on the pinacle of favour, to- " day on the rack, and perfecuted cruelly for many " years, and nobody knows for what ?" Note [FJ, p. 67. ^"TALKING of the injuflice and inhumanity of the Game Laws, puts me in mind of a remarkable pafTage in the French hiftory. It is related of Engue- rand de Coucy, fon to that famous Enguerand, who had afpired to the crown of France in the early part of the reign of St. Lewis. This young nobleman, fucceed- ing to all the fortunes of his father, by the death of his elder brother at the famous battle of Maflbufe, was of a very violent and overbearing difpofition. It hap- pened three young Flemifii gentlemen, fent by their parents to the abbey of St. Nicholas des Bois, to learn the French language, one day took a walk from the monaftery, and amufed themfelves with (hooting at rab- bits with their arrows. The purfuit of their fport car- ried them even to the woods of Coucy, v/here they were fcopt and feized by the Count's game-keepers, and brought ?S NOTES. brought before him. He orders them to be hanged im- mediately, without a hearing, and without giving therri time to prepare themfelves for a death which they did not imagine the)' had deferved. See the noble conduct of St. Lewis on this oecafion. Velly, vol. v. p. 162. Note [G], p. 72. tiS not the poffihility of fuch a revolution fuppofed in the following pafTage? " La plupart des peuples " d'Europe font encore gouvernefc par les mceurs. Mais, " fi, par un long abus du pouvoir, fi, par une grande * c conquete, le defpotifme s'etablifibit a un certain point, " .il n'y auroit pas des mceurs ni de climat qui tinflent, " & dans cette belle partie du monde, la nature hu- *' maine foufFriroit, au moins par un temps, les infultes " qu'on lui fait dans les trois autres." L'Efprit des Loix, lib. vii. cap. 8. Note [H], p. 72. pVEN Hobbes could fay, " Of all paflions, that which inclineth men leaft to break the laws, is * c fear. Nay, excepting fome generous natures, it is * c the only thing (when there is appearance of profit or " pleafure by breaking the laws), that makes men keep " them." Works, p. 229. edit, folio, 1750. Note [I], p. 73. INURING the crifis of the memorable feceffion at **^ Rome, Brutus very juftly reprefented to the people, " That the only fecurity to thofe who were " afraid of their fuperiors, was for the former to be " convinced, that, if the authors had the will to injure " them, they fhould not have the power ; for as long " as ill men had the power, they would never want the " will." Dionyfius Hal. lib. vi. cap. Ixxxvii. The NOTES. " 7 $ The principle of this treatife might be further illus- trated by the hiftory of all nations, or bodies of men poflefled of unreftrained power j particularly by that of the nations of Europe during the feudal times, and in the excefTes, enormities, and crimes of the Spaniards, the Portuguefe, the Dutch in South America; and lately, and even in our own times, of the Englifli in India, &c. It is needlefs to mention the cruelties of the dif- ferent feels of religion againft one another, the exorbi- tances of the Star-Chamber and High Commiffion, of the ufurpation under the Parliament and under Crom- well ; the fame violence and cruelty pollute and vilify our fpecies, and prove that law and terror are as necef- fary reftraints on princes, nations and bodies of men, as locks, bars and irons on the felons of Newgate; Let us alfo add the fan&ion of M. de Montefquieu, " Mais e'eft une experience eternelle, que tout homme qui a du pouvoir eft porte a en abufer; il va jufqu* " a ce qu'il trouve des limites. Qui le diroit ! la vertu " meme a befoin des limites." L'Efprit des Loix, liv. ii. cap. iv. FINIS. INV-SQ[$> Y ^l\INil]\Vv UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. 'Op Of\fitNj V w y '- 'l.^rr , , , 5" Form L9-50m-7, '54 (5990)444 00295 0896 P* \mfi MfffiWa UC SOUTHERN REGIONAL LIBRARY FACILITY A A 000124 663 6 ^^^ 3