nation of wandering shepherds, who went to new settlements, as it had been in their oriwar under the same chiefs whom they were ginal country. It was a militia of shepherds accustomed to follow in peace. Their militia and husbandmen, which, in time of war, took was exactly of the same kind with that of the the field under the command of the same Scythians or Tartars, from whom, too, they chieftains whom it was accustomed to obey in were probably descended. peace. It was, therefore, tolerably well exMany different causes contributed to relax ercised, and tolerably well disciplined. As the discipline of the Roman armies. Its ex-arts and industry advanced, however, the an treme severity was, perhaps, one of those thority of the chieftians gradually decayed, and causes. In the days of their grandeur, when the great body of the people had less time to no enemy appeared capable of opposing them, spare for military exercises. Both the distheir heavy armour was laid aside as unneces-cipline and the exercise of the feudal militia, sarily burdensome, their laborious exercises therefore, went gradually to ruin, and standwere neglected, as unnecessarily toilsome. ing armies were gradually introduced to Under the Roman emperors, besides, the supply the place of it. When the expedient standing armies of Rome, those particularly of a standing army, besides, had once been which guarded the German and Pannonian adopted by one civilized nation, it became frontiers, became dangerous to their masters, necessary that all its neighbours should follow against whom they used frequently to set up the example. They soon found that their their own generals. In order to render them safety depended upon their doing so, and that less formidable, according to some authors, their own militia was altogether incapable of Dioclesian, according to others, Constantine, resisting the attack of such an army. first withdrew them from the frontier, where The soldiers of a standing army, though they had always before been encamped in great they may never have seen an enemy, yet have bodies, generally of two or three legions each, frequently appeared to possess all the courage and dispersed them in small bodies through of veteran troops, and, the very moment that the different provincial towns, from whence they took the field, to have been fit to face they were scarce ever removed, but when it the hardiest and most experienced veterans. became necessary to repel an invasion. Small In 1756, when the Russian army marched bodies of soldiers, quartered in trading and into Poland, the valour of the Russian solmanufacturing towns, and seldom removed diers did not appear inferior to that of the from those quarters, became themselves Prussians, at that time supposed to be the tradesmen, artificers, and manufacturers. hardiest and most experienced veterans in The civil came to predominate over the mi- Europe. The Russian empire, however, litary character; and the standing armies of had enjoyed a profound peace for near twenty Rome gradually degenerated into a corrupt, years before, and could at that time have very neglected, and undisciplined militia, incapa- few soldiers who had ever seen an enemy. ble of resisting the attack of the German and When the Spanish war broke out in 1739, Scythian militias, which soon afterwards in- England had enjoyed a profound peace for vaded the western empire. It was only by about eight-and-twenty years. The valour hiring the militia of some of those nations to of her soldiers, however, far from being cor. oppose to that of others, that the emperors rupted by that long peace, was never more were for some time able to defend themselves. distinguished than in the attempt upon CarThe fall of the western empire is the third thagena, the first unfortunate exploit of that great revolution in the affairs of mankind, of unfortunate war. In a long peace, the ge which ancient history has preserved any dis-nerals, perhaps, may sometimes forget their tinct or circumstantial account. It was skill; but where a well regulated standing brought about by the irresistible superiority army has been kept up, the soldiers seem newhich the militia of a barbarous has over ver to forget their valour. that of a civilized nation; which the militia When a civilized nation depends for its of a nation of shepherds has over that of a na- defence upon a militia, it is at all times extion of husbandmen, artificers, and manufac-posed to be conquered by any barbarous naturers. The victories which have been gained tion which happens to be in its neighbourby militias have generally been, not over stand- hood. The frequent conquests of all the ing armies, but over other militias, in exercise civilized countries in Asia by the Tartars, and discipline inferior to themselves. Such sufficiently demonstrates the natural superiwere the victories which the Greek militia ority which the militia of a barbarous has gained over that of the Persian empire; and over that of a civilized nation. A well resuch, too, were those which, in later times, gulated standing army is superior to every the Swiss militia gained over that of the Au- militia. Such an army, as it can best be strians and Burgundians. maintained by an opulent and civilized nation, The military force of the German and Scy- so it can alone defend such a nation against thian nations, who established themselves up- the invasion of a poor and barbarous neighon the ruins of the western empire, continued bour. It is only by means of a standing for some time to be of the same kid in their army, therefore, that the civilization of any country can be perpetuated, or even pre- to licentiousness, can be tolerated only in served, for any considerable time. countries where the sovereign is secured by a As it is only by means of a well regulated well regulated standing army. It is in such standing army, that a civilized country can countries only, that the public safety does be defended, so it is only by means of it that not require that the sovereign should be trusta barbarous country can be suddenly and to-ed with any discretionary power, for suppres· lerably civilized. A standing army esta- sing even the impertinent wantonness of this blishes, with an irresistible force, the law licentious liberty. of the sovereign through the remotest pro- The first duty of the sovereign, therefore, vinces of the empire, and maintains some de- that of defending the society from the viogree of regular government in countries lence and injustice of other independent sowhich could not otherwise admit of any. cieties, grows gradually more and more exWhoever examines with attention, the im- pensive, as the society advances in civilizaprovements which Peter the Great introduced tion. The military force of the society, into the Russian empire, will find that they which originally cost the sovereign no exalmost all resolve themselves into the esta-pense, either in time of peace, or in time of blishment of a well regulated standing army. war, must, in the progress of improvement, It is the instrument which executes and main- first be maintained by him in time of war, tains all his other regulations. That degree and afterwards even in time of peace. of order and internal peace, which that empire has ever since enjoyed, is altogether owing to the influence of that army. The great change introduced into the art of war by the invention of fire-arms, has enhanced still further both the expense of exer. Men of republican principles have been cising and disciplining any particular number jealous of a standing army, as dangerous to of soldiers in time of peace, and that of emliberty. It certainly is so, wherever the in- ploying them in time of war. Both their terest of the general, and that of the principal arms and their ammunition are become more officers, are not necessarily connected with expensive. A musket is a more expensive the support of the constitution of the state. machine than a javelin or a bow and arrows; The standing army of Cæsar destroyed the a cannon or a mortar, than a balista or a caRoman republic. The standing army of tapulta. The powder which is spent in a Cromwell turned the long parliament out of modern review is lost irrecoverably, and ocdoors. But where the sovereign is himself casions a very considerable expense. The the general, and the principal nobility and javelins and arrows which were thrown or gentry of the country the chief officers of the shot in an ancient one, could easily be pickarmy; where the military force is placed un-ed up again, and were, besides, of very little der the command of those who have the value. The cannon and the mortar are not greatest interest in the support of the civil only much dearer, but much heavier machines authority, because they have themselves the than the balista or catapulta; and require a greatest share of that authority, a standing greater expense, not only to prepare them for army can never be dangerous to liberty. On the field, but to carry them to it. As the the contrary, it may, in some cases, be fa- superiority of the modern artillery, too, over vourable to liberty. The security which it that of the ancients, is very great; it has begives to the sovereign renders unnecessary come much more difficult, and consequently that troublesome jealousy, which, in some much more expensive, to fortify a town, so modern republics, seems to watch over the as to resist, even for a few weeks, the attack minutest actions, and to be at all times ready of that superior artillery. In modern times, to disturb the peace of every citizen. Where many different causes contribute to render the the security of the magistrate, though sup- defence of the society more expensive. The ported by the principal people of the country, unavoidable effects of the natural progress of is endangered by every popular discontent; improvement have, in this respect, been a where a small tumult is capable of bringing good deal enhanced by a great revolution in about in a few hours a great revolution, the the art of war, to which a mere accident, the whole authority of government must be em- invention of gunpowder, seems to have given ployed to suppress and punish every murmur occasion. and complaint against it. To a sovereign, In modern war, the great expense of fireon the contrary, who feels himself supported, arms gives an evident advantage to the nation not only by the natural aristocracy of the which can best afford that expense; and, country, but by a well regulated standing consequently, to an opulent and civilized, army, the rudest, the most groundless, and over a poor and barbarous nation. In anthe most licentious remonstrances, can give cient times, the opulent and civilized found little disturbance. He can safely pardon or it difficult to defend themselves against the neglect them, and his consciousness of his poor and barbarous nations. In modern own superiority naturally disposes him to do times, the poor and barbarous find it difficult So. That degree of liberty which approaches to defend themselves against the opulent and eivilized. The invention of tire-arms, an in- times surrounded by unknown enemies, vention which at first sight appears to be so pernicious, is certainly favourable, both to the permanency and to the extension of civilization. PART II. Of the Expense of Justice. THE second duty of the sovereign, that of protecting, as far as possible, every member of the society from the injustice or oppression of every other member of it, or the duty of establishing an exact administration of justice, requires two very different degrees of expense in the different periods of society. whom, though he never provoked, he can never appease, and from whose injustice he can be protected only by the powerful arm of the civil magistrate, continually held up to chastise it. The acquisition of valuable and extensive property, therefore, necessarily requires the establishment of civil government. Where there is no property, or at least none that exceeds the value of two or three days labour, civil government is not so necessary. Civil government supposes a certain subordination. But as the necessity of civil government gradually grows up with the acquisition of valuable property; so the principal causes, which naturally introduce subordination, gradually grow up with the growth of that valuable property. The Among nations of hunters, as there is The causes or circumstances which naturalscarce any property, or at least none that ex-ly introduce subordination, or which naturalceeds the value of two or three days labour;ly and antecedent to any civil institution, give so there is seldom any established magistrate, some men some superiority over the greater or any regular administration of justice. part of their brethren, seem to be four in Men who have no property, can injure one number. another only in their persons or reputations. The first of those causes or circumstances, But when one man kills, wounds, beats, or is the superiority of personal qualifications, defames another, though he to whom the in- of strength, beauty, and agility of body; of jury is done suffers, he who does it receives wisdom and virtue; of prudence, justice, no benefit. It is otherwise with the injuries fortitude, and moderation of mind. to property. The benefit of the person who qualifications of the body, unless supported does the injury is often equal to the loss of by those of the mind, can give little authority him who suffers it. Envy, malice, or resent-in any period of society. He is a very strong ment, are the only passions which can prompt man, who, by mere strength of body, can one man to injure another in his person or force two weak ones to obey him. The quareputation. But the greater part of men are lifications of the mind can alone give very not very frequently under the influence of great authority. They are however, invisible those passions; and the very worst men are qualities; always disputable, and generally so only occasionally. As their gratification, disputed. No society, whether barbarous or too, bow agreeable soever it may be to cer- civilized, has ever found it convenient to settain characters, is not attended with any real tle the rules of precedency of rank and suboror permanent advantage, it is, in the greater dination, according to those invisible qualipart of men, commonly restrained by pruden- ties; but according to something that is more tial considerations. Men may live together plain and palpable. in society with some tolerable degree of security, though there is no civil magistrate to protect them from the injustice of those pas-vided his age is not so far advanced as to give sions. But avarice and ambition in the rich, suspicion of dotage, is everywhere more rein the poor the hatred of labour and the love spected than a young man of equal rank, forof present ease and enjoyment, are the pas- tune, and abilities. Among nations of huntsions which prompt to invade property; pas-ers, such as the native tribes of North Ame sions much more steady in their operation, and much more universal in their influence. Wherever there is a great property, there is great inequality. For one very rich man, there must be at least five hundred poor, and the affluence of the few supposes the indigence of the many. The affluence of the rich excites the indignation of the poor, who are often both driven by want, and prompted by envy to invade his possessions. It is only under the shelter of the civil magistrate, that the owner of that valuable property, which is acquired by the labour of many years, or perhaps of many successive generations, can sleep a single night in security. He is at all The second of those causes or circumstances, is the superiority of age. An old man, pro rica, age is the sole foundation of rank and The distinction of birth, being subsequent to the inequality of fortune, can have no place in nations of hunters, among whom all men, being equal in fortune, must likewise be very nearly equal in birth. The son of a wise and brave man may, indeed, even among them, be somewhat more respected than a man of equal merit, who has the misfortune to be the son of a fool or a coward. The difference, however, will not be very great; and there never was, I believe, a great family in the world, whose illustration was entirely derived from the inheritance of wisdom and virtue. The third of those causes or circumstances, |mily means everywhere the antiquity either is the superiority of fortune. The authority of wealth, or of that greatness which is comof riches, I owever, though great in every agemonly either founded upon wealth, or accomof society, is, perhaps, greatest in the rudest panied with it. Upstart greatness is everyages of society, which admits of any consider- where less respected than ancient greatness. able inequality of fortune. A Tartar chief, The hatred of usurpers, the love of the family the increase of whose flocks and herds is of an ancient monarch, are in a great measufficient to maintain a thousand men, cannot sure founded upon the contempt which men well employ that increase in any other way naturally have for the former, and upon their than in maintaining a thousand men. The veneration for the latter. As a military offirude state of his society does not afford him cer submits, without reluctance, to the authoany manufactured produce; any trinkets or rity of a superior by whom he has always been baubles of any kind, for which he can ex- commanded, but cannot bear that his inferior change that part of his rude produce which should be set over his head; so men easily is over and above his own consumption. The submit to a family to whom they and their thousand men whom he thus maintains, de- ancestors have always submitted; but are pending entirely upon him for their subsist-fired with indignation when another family, ence, must both obey his orders in war, and in whom they had never acknowledged any submit to his jurisdiction in peace. He is ne- such superiority, assumes a dominion over cessarily both their general and their judge, them. and his chieftainship is the necessary effect of the superiority of his fortune. In an opulent and civilized society, a man may possess a much greater fortune, and yet not be able to command a dozen of people. Though the produce of his estate may be sufficient to maintain, and may, perhaps, actually maintain, more than a thousand people, yet, as those people pay for every thing which they get from him, as he gives scarce any thing to any body but in exchange for an equivalent, there is scarce any body who considers himself as entirely dependent upon him, and his authority extends only over a few menial servants. The authority of fortune, however, is very great, even in an opulent and civilized society. That it is much greater than that either of age or of personal qualities, has been the constant complaint of every period of society which admitted of any considerable inequality of fortune. The first period of society, that of hunters, admits of no such inequality. versal poverty establishes their universal equality; and the superiority, either of age or of personal qualities, are the feeble, but the sole foundations of authority and subordination. There is, therefore, little or no authority or Birth and fortune are evidently the two cirsubordination in this period of society. The cumstances which principally set one man above second period of society, that of shepherds, another. They are the two great sources of per. admits of very great inequalities of fortune, sonal distinction, and are, therefore, the prinand there is no period in which the superior- cipal causes which naturally establish authoity of fortune gives so great authority to those rity and subordination among men. Among who possess it. There is no period, accord-nations of shepherds, both those causes opeingly, in which authority and subordination are more perfectly established. The authority of an Arabian scherif is very great; that of a Tartar khan altogether despotical. The distinction of birth not only may, but always does, take place among nations of shepherds. Such nations are always strangers to every sort of luxury, and great wealth can scarce ever be dissipated among them by improvident profusion. There are no nations, accordingly, who abound more in families reUni-vered and honoured on account of their descent from a long race of great and illustri. ous ancestors; because there are no nations among whom wealth is likely to continue longer in the same families. The fourth of those causes or circumstances, is the superiority of birth. Superiority of birth supposes an ancient superiority of fortune in the family of the person who claims it. All families are equally ancient; and the ancestors of the prince, though they may be better known, cannot well be more numerous than those of the beggar. Antiquity ♫ fa rate with their full force. The great shepherd or herdsman, respected on account of his great wealth, and of the great number of those who depend upon him for subsistence, and revered on account of the nobleness of his birth, and of the iminemorial antiquity of his illustrious family, has a natural authority over all the inferior shepherds or herdsmen of his horde or clan. He can command the united force of a greater number of people than any of them. His military power is greater than that of any of them. In time of war, they are all of them naturally disposed | a present never failed to accompany a petito muster themselves under his banner, rather tion. After the authority of the sovereign, than under that of any other person; and his too, was thoroughly established, the person birth and fortune thus naturally procure to found guilty, over and above the satisfaction him some sort of executive power. By com- which he was obliged to make to the party, manding, too, the united force of a greater was likewise forced to pay an amercement to number of people than any of them, he is best the sovereign. He had given trouble, he had able to compel any one of them, who may disturbed, he had broke the peace of his lord have injured another, to compensate the the king, and for those offences an amercewrong. He is the person, therefore, to whom ment was thought due. In the Tartar goall those who are too weak to defend them-vernments of Asia, in the governments of selves naturally look up for protection. It is Europe which were founded by the German to him that they naturally complain of the and Scythian nations who overturned the injuries which they imagine have been done to Roman empire, the administration of justice them; and his interposition, in such cases, is was a considerable source of revenue, both to more easily submitted to, even by the person the sovereign, and to all the lesser chiefs or complained of, than that of any other person lords who exercised under him any particular would be. His birth and fortune thus natu- jurisdiction, either over some particular tribe rally procure him some sort of judicial authority. or clan, or over some particular territory or district. Originally, both the sovereign and It is in the age of shepherds, in the second the inferior chiefs used to exercise this jurisperiod of society, that the inequality of for- diction in their own persons. Afterwards, tune first begins to take place, and introduces they universally found it convenient to deleamong men a degree of authority and subor- gate it to some substitute, bailiff, or judge. dination, which could not possibly exist be. This substitute, however, was still obliged to fore. It thereby introduces some degree of account to his principal or constituent for the that civil government which is indispensably profits of the jurisdiction. Whoever reads the necessary for its own preservation; and it instructions which were given to the judges seems to do this naturally, and even inde- of the circuit in the time of Henry II. will pendent of the consideration of that necessity. see clearly that those judges were a sort of The consideration of that necessity comes, no itinerant factors, sent round the country for doubt, afterwards, to contribute very much to the purpose of levying certain branches of the maintain and secure that authority and subor- king's revenue. In those days, the admidination. The rich, in particular, are neces-nistration of justice not only afforded a cersarily interested to support that order of tain revenue to the sovereign, but, to procure things, which can alone secure them in the this revenue, seems to have been one of the possession of their own advantages. Men of principal advantages which he proposed to obinferior wealth combine to defend those of tain by the administration of justice. superior wealth in the possession of their pro- This scheme of making the administration perty, in order that men of superior wealth of justice subservient to the purposes of revemay combine to defend them in the possession nue, could scarce fail to be productive of seof theirs. All the inferior shepherds and veral very gross abuses. The person who apherdsmen feel, that the security of their own plied for justice with a large present in his herds and flocks depends upon the security of hand, was likely to get something more than those of the great shepherd or herdsman; justice; while he who applied for it with a that the maintenance of their lesser authority small one was likely to get something less. depends upon that of his greater authority; Justice, too, might frequently be delayed, in and that upon their subordination to him de- order that this present might be repeated. pends his power of keeping their inferiors in The amercement, besides, of the person comsubordination to them. They constitute a plained of, might frequently suggest a very sort of little nobility, who feel themselves in-strong reason for finding him in the wrong, terested to defend the property, and to sup- even when he had not really been so. port the authority, of their own little sove such abuses were tar from being uncommon, reign, in order that he may be able to defend the ancient history of every country in Eu. their property, and to support their authority. rope bears witness. Civil government, so far as it is insututed for the security of property, is, in reality, instituted for the defence of the rien against the poor, or of those who have some property against those who have one at all. The judiciat authority of such a sovereign, however, far from being a cause of expense, was, for a long time, a source of revenue to him. That When the sovereign or chief exercises nis judicial authority in his own person, how much soever he might abuse it, it must have been scarce possible to get any redress; because there could seldom be any body powerful enough to call him to account. When he exercised it by a bailiff, indeed, redress might sometimes be had. If it was for his own be The persons who applied to him for justice were always willing to pay for it, and They are to be found in Tyrol's History of England. |