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other illustrations of the same thing might easily be offered; but the instances we have already produced are sufficient to shew the extreme difficulty of studying the political history of mankind, and of drawing inferences, with justness, from the supposed experience of one country for regulating the conduct of another. At the same time, it is proper to observe, before I conclude this head, that the remarks which have been made do not apply to the constitutions of the ancient states, with nearly the same force with which they apply to the great monarchies of modern Europe, which are incomparably more complicated in their actual structure, in consequence of that infinite diversity of ranks which has taken rise from the feudal ideas and institutions.

From what has been now said, it sufficiently appears, that where the speculative plan of a government, as expressed in its laws, approaches to the definition of one of the simple forms, there may, in fact, be a mixture in the exercise of the government, in consequence of the ideas, manners, and character of the people. What political writers, indeed, commonly call Mixed Governments, are constitutions which professedly share, by their fundamental principles, the supreme or legislative power among different orders of the community; such, for example, as the constitutions of those petty states in different parts of Europe, which divide this power between the collective body of the people and a privileged order; and the constitution of our own country, so strikingly distinguished from all others, by the systematic rigour with which it requires, in every legal enactment, the co-operation of all its three branches. Without, however, attending to the various incidental circumstances which may contribute to modify or restrain the administration of the government, we shall have a very imperfect and erroneous notion of the history of mankind.

Of the truth of this remark, no better illustration can be mentioned than the contrast presented by what are called pure Monarchies in this part of the world, to those despotical establishments which have been already under our review. In the former, although the same language be frequently applied to

them, and to the absolute monarchies of the East, the power of the sovereign is, in truth, very effectually counteracted and restrained by a variety of circumstances,-by the independent spirit which is kept alive in Europe by the free states it contains, and which, by means of the press, extends its influence even to the subjects of absolute governments, and, perhaps, in some degree, by that regular subordination of ranks which took its rise from the feudal institutions. It is this particular species of government, unknown to the politicians of antiquity, that Montesquieu has in his eye, when he speaks of monarchy as distinguished from despotism. "A monarchical government supposes," says he, "pre-eminences, ranks, and an hereditary nobility."*

The origin of that particular species of hereditary nobility which exists in the monarchies of modern Europe, was formerly explained. In its first form, undoubtedly, it was an institution oppressive and vexatious to the mass of the people; but a variety of circumstances have, in the progress of society, rendered it the mean of tempering the rigour of Monarchical government, and of diffusing refinement and civilisation among the inferior orders. The different ranks, too, in the state, have (more particularly in those countries where commerce is protected and honoured) been gradually blended together; and those distinctions which were formerly so wide and revolting, have been so softened, that it is often difficult to say where one rank ends and another begins. Other scales of estimation, also, beside birth, come in for their share in determining a man's rank:-wealth (for example) or official dignity, not to mention talents and virtue; and all these circumstances are combined together in adjusting the relative pretensions of individuals. Hence, in the monarchies of modern Europe, there is an infinite number of gradations of rank, from the lowest order of the community to the sovereign; the whole fabric of society bearing a resemblance (according to the happy allusion of Sir William Temple) to a pyramid, of which the undistinguished multitude forms the basis, and the prince the apex.

* [Esprit, &c., Liv. III. chap. vii.]

In such a state of society, an individual is trained from his infancy to acknowledge the influence of adventitious distinctions, to consider every man as entitled to the rank which he inherits, or which is connected with his official situation,—to maintain with firmness that which belongs to himself, and to look forward to an advancement of it, as the great and ultimate object of his ambition. This regard to adventitious circumstances as the principal ground of distinction, is, I apprehend, what Montesquieu means by the word honour, when he says that it is the principle of a monarchy. "It is the nature of honour," says he, "to aspire to preferments and distinguishing titles." It is evident that by the word virtue, when applied to express the principle of a democracy, he means the love of equality, or a disposition to class men according to their personal qualities; and, as he always contrasts the principles of Democracy and Monarchy, it would seem that he apprehended that the latter form of government is chiefly supported by a regard to those distinctions which birth and fortune, and official dignities, create. In what manner this principle influences the conduct in a monarchy, and how it contributes to distinguish it from a despotism, he has explained in Book III. chapters vii. viii.1

It was in consequence of such ideas and sentiments, arising from a regular subordination of ranks, aided by established opinions and customs, and by the fire which the people all over Europe had caught from the free states in their neighbourhood, that the power of the sovereign in France was limited under the monarchical government. In the language of the French law, he was the vicegerent of God, and accountable to Him alone for the exercise of his authority; nor was there any constitutional check on his authority of much importance, for the registering of his Edicts, in order to give them the force of laws, had become, in a great measure, matter of form, and was but a poor relic of the ancient power of the States, by which, in former times, the regal authority was so effectually restrained.

* [Ibid.]

See also Book II. chap. iv., and Book IV. chap. ii.

The great check, in fact, upon government in that country, arose from established opinions and customs, and from the character and manners of the people.

I cannot help taking this opportunity of remarking, that Montesquieu was led by an excusable partiality, perhaps, in favour of the government under which he had been educated, and probably in some degree also by prudential considerations, to insist too much on the distinction between Monarchy and Despotism. If, indeed, by monarchy he had meant such a government as the English, in which the authority of the king. is subjected to constitutional checks, the distinction would have been as complete and as essential as between any two forms of government whatever. But the monarchy which he describes is restrained and moderated only by the character and circumstances of the people among whom it is established; in other words, a government which-although, in its ordinary exercise, it may, from prudential considerations, respect the claims and the happiness of such orders of its subjects as can combine together in opposition to its oppressions-acknowledges no legal or constitutional restraints, and wherever it can safely exert its authority, exhibits all the spirit of despotism. In reading this part of his writings, indeed, it is difficult to know when to praise or to blame: for he seems to have been actuated by a variety of motives in his reflections; sometimes by a sincere desire to justify that political order to which he had been accustomed; sometimes by a wish to strengthen those opinions and prejudices, which, however ineffectual to accomplish uniformly the purposes of a good government, had yet been found by experience to be, in ordinary cases, of material advantage to the public; and sometimes (one would imagine from the ironical, though apparently dispassionate, account he gives of the effects of the actual establishment) by a secret design to suggest indirectly to his countrymen the superior excellence of a monarchy subjected, like that of England, to constitutional limitations. While we regret, therefore, the ambiguous and enigmatical style in which this great man occasionally expresses himself, we ought at the same time to recollect, that at

the period when he wrote, it was necessary for an author who was really anxious to be useful to his country, to draw occasionally a slight veil over the truth; or at least, to content himself with stating premises to his readers, leaving it to themselves to draw the inferences. I mention these circumstances, partly because they appear to me to furnish a key to many apparent inconsistencies in the Spirit of Laws, and partly from a desire of vindicating the character of Montesquieu against the censures which it has incurred from some authors in our own country, who, enjoying the unrestrained liberty of the press, and supported in their sentiments by public opinion, do not make proper allowances for their predecessors in the same line of study, who did not possess the same advantages.

The following quotations will serve, at once, to explain my meaning in the foregoing remarks, and to shew that they are not without foundation.

It may be proper to observe, before we proceed, that as Turkey is Montesquieu's model of Despotism, so France is the country which he has in his eye when he speaks of the spirit of Monarchy.

"In a monarchical government, intermediate bodies of men between the king and the lower orders of the people, the jurisdiction of the clergy, luxury, the venality of offices, the multiplicity of laws, appear to be indispensable."*

He

"The state exists independently of the love of one's country, of the desire of true glory, of self-denial, and of a disinterested spirit. The laws supply the place of all these virtues.Ӡ adds, "that idleness, meanness, an aversion for the truth, flattery, treason, perfidy, a contempt of the duties which belong to the citizen, a dread of the virtues of the prince, an interested satisfaction in his weaknesses, a delight in turning virtue into ridicule, form the character of the greater number of courtiers. Now," says he, "it is difficult to suppose that the majority of the leading men in the state should be dishonest, and their inferiors men of virtue. And indeed, Cardinal Richelieu insinuates in his Political Testament, that if + [Ibid. chap. v.]

* [Esprit, &c., Liv. III. chap. iv.]

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