Bonk , p "2 — rz ^^l^^^S^^^S^/^^^'^^^'' flOI THE GERIAI ©F AILIBEM WQm EIA]LJLIERo m eh mm. wo¥Ki ewes mmmimm^ & mmm\E,m% BIT THE MODERATE MONARCHY, OK ^xincipUz of tfje i3rittsf) OTonistttutton, DESCRIBED IN A NARRATIVE OF THE LIFE AND MAXIMS OF ALFRED THE GREAT AND HIS COUNSELLORS. FROM THE GERMAN OF ALBERT THALLER. TO WHICH ABE ADDED, NOTES AND COMMENTARIES ON THE PRESENT STATE OF THE BRITISH CONSTITUTION. BT FRANCIS STEINITZ, AITHOB OF "THE SHIP, ITS ORIGIN AND PBOGRESS," &C. &C. &C. "EXAMINE ALL, ADOPT THE 3 IlontJon : ^ — ■ — LONGMAN, BROWN, GREEN, AND LONGMAN. 1849. LONDON : WOOLLET AND COOK, PBINTERS, ST. BBNE'l PLACE, GRACECHURCH STREET. PREFACE. When man attains the age of maturity, the illu- sions of younger years mostly vanish. All that he had ardently desired to acquire in life seems not worthy the exertions ; that which he had formerly cherished with the warmest passion, he now looks upon as transient, like all things in this world ; and, besides religion and domestic happiness, little remains to attach himself to, as in former years. Although the enchanting visions of youth — love, fame, and honours — have fled from his sight, the recollections of the grandeur of some ideals, based on history, whom he venerated in his youth, are not wholly extinguished in maturer age. Such was the impression which Haller's " Alfred " made upon the translator in his youth, and which has since remained engraved in IV PREFACE. his memory. Many great characters, pictured in history, and others, within his own recollection, who lived in the turbulent times at the close of the last and the beginning of the present century, although appreciated by him, could not eclipse the juvenile impression of the historical romance now before the reader. The fortunate mixture of grandeur, mildness, and severity, religion and domestic virtues, love of the arts and sciences, combined with valour and heroic deeds, in one individual, also celebrated for his romantic adventures, could not fail to win sympathy and universal admiration, and the more so since not the slightest doubt was held of Haller's veracity, as the fame he had acquired as a philosopher, and author of the poem, the "Alps," was at that time spread all over Germany. Although this little work, dedicated by Haller to the British nation, in the person of George III., is now out of print, its memory is preserved in every German heart ; it having been written at PREFACE. V a time when liberty and the wish for a consti- tutional form of government began to dawn in France and Germany; and a French translation of "Alfred," which appeared almost simultaneously with the original, may, like many a writing of that time, have contributed to hasten the catas- trophe which, in spite of its awfulness, has proved fortunate in its consequences to the world. The learned Haller became, in the last years of his life, almost disgusted at all the branches of science,* for which he had done so much during * Albert von Haller was a great physician, natural his- torian, and author, in several branches ; and one of the most learned men of his time. His works are very numerous, and his biography, written by Zimmerman, and brought to the year 1755, forms a considerable volume. If Haller was a celebrated lyrical poet, he was also a great statesman, and as such very useful to his country. His character was the purest, and he was as excellent a citizen as a father. Although a free thinker he was very religious, and an oppo- nent of Voltaire, with whom he was in constant strife. The renowned Cassanova, having once wished to visit the sage of Ferney, Haller observed to him, that Voltaire " presented an effect in direct opposition to the laws of physics, being greater when seen from a distance than when seen closely." Upon the " Heloi'se " of Rousseau, he said " that it was the VI PREFACE. his laborious career, and embraced politics; a proof that the human heart and head do not always feel inclined to give up, even in the most advanced age, all the illusions of life; but still endeavour to contribute, by intellectual power, towards the general weal. The translator — who has not the least ambition of comparing himself to Haller — although not living in Switzerland, nor having, like Haller, preserved the serene views of life, but finding himself bending under hypochondria, and beneath a cloudy sky, he has had the same tendency in translating this work that Haller had in writing it. worst of all romances, because it was the most eloquent." He despised Rousseau's eloquence, as anti-thesical and para- doxical, and to his opinion, that fictions were admitted into romances, opposed Petrarch, whose love for Laura was real. He had the courage to say, in a letter to Frederick II., who would entirely suppress the Latin language, " that in the event of a monarch succeeding in banishing the lan- guage of a Cicero and of a Horace from the republic of sages, he would set an eternal monument to the memory of his ignorance," upon which the great monarch renounced his project. Haller's biography and works will be found in almost every Encyclopaedia, but the above observations are not so generally known. PREFACE. Vll Haller's purpose was to picture, in one work, absolute monarchy, which he did in his histori- cal romance, entitled "Usong;" then, moderate monarchy in " Alfred ; " and, finally, moderate republic in a third work, entitled, "Fabius and Cato;" but he scorned to occupy himself with democracy, having witnessed the mischief which it caused, almost under his own eyes, in some Swiss cantons. In each of these works he has endeavoured to develop the principles of the three several forms of government in their highest degree of perfec- tion ; and in choosing the British constitution as a model of moderate monarchy, the only one which he could, in fact, choose for that purpose, he found that Alfred was the only monarch who combined such virtue, wisdom, and heroism, as rendered him worthy of being acknowledged the founder of that constitution, although historians may not attribute that noble work to him. On the occasion of the author's writing his Vlll PREFACE. work, "The Ship, its Origin and Progress," he had to make some researches concerning Alfred's ships and history, and found in his library Haller's "Alfred." His youthful reminiscences of that work were immediately revived ; and on once more reading it through, he found therein what he did not seek, namely, the fourth book, (in this work the fifth book,*) containing the principles of the British constitution in so simple and popular a form, that this part, which in his youth he had not the patience to read, and much less to study, made in his advanced age more impression upon him than Alfred's deeds had done in his youth. He then resolved upon attempting this trans- lation, for which he thought the present epoch the most appropriate, and on searching for the modern histories of Alfred, found his deeds more or less * The Sixth Book of Haller's "Alfred" contained Alfred's love, which, although we do not consider it as worthy of its author, we have given in the Second Book. The Introduc- tion and the Conclusion are not by Haller, but extracted from the works of John von Miiller, another Swiss historical author, almost as celebrated as himself. PREFACE. IX described by British historians, but nothing so complete and so brief as Haller's work. In his researches into Alfred's life, he at first studied the sources whence Haller had derived his knowledge, namely: Asser, John Spelman, Hume, and Littleton ; and also used Lappenberg, King, Turner, &c. ; but while the present translation was penning, two works appeared almost simul- taneously, namely, " Six Old English Chronicles," and ** Life and Times of Alfred the Great," which vastly contributed to facilitate his historical re- searches; and he cannot do less than to publicly thank the learned Dr. Giles, who worked out both the above works, which he owns to have made great use of in the historical notes, and which proved to him that most of what Haller related of Alfred was authentic. Notwithstanding the great credit which the translator gives these works, he trusts that this little book will not be considered as superfluous, as, in spite of the Germanisms, which could not altogether be avoided, it presents a brief, pleasant, and romantic history of the life X PREFACE. of Alfred, and possesses, besides, a higher ten- dency, developed in the fifth book. Small as the work is, it may be divided into three distinct parts : — 1. Alfred's life and deeds: 2. The principles of the British constitution; and 3. Historical and political notes and commentaries, applying to both the preceding parts. These three parts, as they are now composed, have but one tendency; the author and compiler of the apparently heterogeneous notes and com- mentaries has united them for one purpose, which may thus be considered: — The transformation of the life of nations may be observed in their man- ners and customs; but the more that life becomes civilized, the more it loses the irrevocable harmony of its primitive condition, the desire of preserving which, does not expire so speedily in the better part of the nation. This preservation cannot be effected by better means than by warning, and by the recollection of its early stage of perfection. PREFACE. XI The propensities of nations often lose the original purity of their early consecration, and the races, abandoned to themselves, will hardly continue, as they ought, in their primitive state. It is there- fore necessary that they should be led, until their tottering inclinations are once more strengthened and sufficiently purified to be again abandoned to themselves, to procure a life of unconscious truth. It is consequently the recollection of the early perfection, and the retrospective view of its former condition, that seem to present the most suitable means of stopping the progress of the commencing corruption. In such times as ours, when anomaly has begun everywhere, and even around us, we wish to pre- serve the knowledge of the better situation of our forefathers, that, by reviving it through examples, we may turn the public mind towards it. While translating "Alfred," we were induced to study the elements of the British constitution ; Xll PREFACE. and having observed, with an unprejudiced eye, the progress of the civilization of nations, and principally that of the British for the last half century we have perceived the inevitable conse- quences which such civilization must produce on the original character of the people. The simpli- city of manners and customs, and the probity impregnated in English hearts has partly and suc- cessively vanished, and given place to the love of Mammon, which prevails in all classes in this formerly blessed country. The love of the arts and sciences, — the train of civilization, — has not yet succeeded in inspiring the minds of the people. On the contrary, they are in England mostly considered as the means of pro- curing money; and ambition, which also attends civilization, and is the great lever of civil and warlike deeds, is equally neutralized by the love of gold and comfort, and does not go farther than making a short speech as a chairman in an as- sembly, or on obtaining a commission.. PREFACE, Xiil Virtue is suddenly awakened by adversity, or acquired when civilization has attained so high a perfection in enlightened minds, as to replace the simplicity and probity of former times. This is not the case at present in England, and much good is birth-strangled by civilization in the mo- ment of nativity. Whether a little book, with historical notes, apparently without a systematic order or ten- dency, can contribute to the remembrance of the former grandeur of the British constitution and high standing probity of the nation, or in the slightest degree forward their regeneration, we do not pretend to decide; but trust the reader will believe that the sole and pure design of the com- piler and writer was to do justice to every opinion, and flatter none, that the reader may examine them, and preserve that which he considers the best; a little attention will enable him to discover to which of these opinions the author inclines. The author is far from pretending to be a 3£1V PREFACE. reformer; the times are not always alike, and the world reforms itself in the different periods through which it passes. It reforms itself in every epoch just according to the contemporary individuals, and they again according to the times; both reciprocally make and reform each other, and both likewise reciprocally change each other. When, in the organization of nature, and at the critical moment of decay, a new encheiresis of life is formed; so soon as the positive direction has been given to the inner re-union, all that is external, all that has faded, whether merely spoiled, or rotten to the state of a dead peel, will break and fall asunder; but it may console us, that if the actual time seems to present such a picture of decay or disorganization, it is obliged so to do because the inner encheiresis of life has already begun to form itself. FKANCIS STEINITZ. London, June, 1849. CONTENTS. Preface, iii. List of Authors, xv. Introduction, xxi. THE FIRST BOOK. AXERED THE HERO, 1. NOTES, COMMENTARIES, ETC. 1. Anglo-Saxons in England, 189. — 2 Genealogy of Al- fred, ib. — 3. Ragnar Lodebrok, 190. — 4. Death of Edmund, King of the East Angles, 191. — 5. Battle of Reading, ib. — 6. Alfred's Brethren, 193.— 7. Vide Note 5, ib.— 8 "Battle of Wilton, ib.— 9. Alfred's Vessels, 194.— 10. Defeat of the Danish Fleet, ib. — 11. Chippenham surprised by the Danes, 195. — 12. Adventure of the Cakes, ib. — 13. Legend of the appearance of St. Cuthbert to Alfred, and his Visit to the Danish Camp, 197. — 14. Capture of the Standard of the Northmen, 200.— 15. The Magic Standard, 201.— 16. River Stowe, 202. — 17. London Rebuilt, and Erection of Castles, ib. — 18. Various Conflicts with the Danes in 893-94, 203. — 19. Capture of the Danish Fleet on the River Lea, 205. — 20. Alfred and Hasting, 206.— 21. Flattery, ib. THE SECOND BOOK, Alfred's Love, 29. notes, commentaries, etc. 22. Alfred's Marriage, 207. — 23. License of Poetical Fic- tion, 208. — 24. Hunting and Falconry, ib. THE THIRD BOOK. Alfred the Legislator, 44. notes, commentaries, etc. 25. Alfred's Firmness undaunted, 209. — 26. A few Re- marks on Juries, ib. — 27. Anglo-Saxon Legislation before Alfred and Alfred's Code, 211.— 28. Division of England into Counties, &c, 215. — 29. Burgraves, 217. — 30. Golden Bracelets hung on Trees>ib. — 31. Ignorance of the Nobility, ib. — 32. Abuse of the Confessions of, and suspicion on, a Culprit, 21 8.— 33. Alfred's absolute Power, 219.— 34. Catho- lic Liturgy read in Latin, ib. — 33. Alfred's Co-adjutors in Instruction, 220. — 36. Pretended Tyranny and Faults of Alfred, 223. — 37. Controversies concerning Oxford Univer- sity, 225.-38. Vide Note 9, 226.-39. Alfred's Military Skill, ib. — £0. Sovereignty of the Seas, ib. — II. Alfred's Artistical and Professional Co-adjutors, 227. — 41a. Alfred's XV1U CONTENTS. Officers, ib.— 42. Parliament in Alfred's time, ib.— 43. Al- fred's severity, 228, — 44. Prerogatives of Earls, 229. THE FOURTH BOOK. Alfred the Sage, 65. notes, commentaries, etc. 45. City of London rebuilt, 229. — 46. Reluctance of the Saxons to build Castles, ib. — 47. Foundation of Monasteries, 230. — 48. Revenues of the Church, 231. — 49. Architectural Works of Alfred, 232. — 50. Division of the King's House- hold, 232.— 51. Vide Note 24, 233.-52. Alfred's skill in Jewellery, and description of his Gem, ib. — 53. Political Levers of Rulers, 235. — 54. Universal Genius and Manual Occupations of Princes, ib. — 55. Alfred's Zeal for Religion, 236. — 56. Division of Alfred's Revenues, ib. — 57. Division of Alfred's Time, 237. — 58. Invention of Lanterns, 238. — 59. Alfred's Illness, 239.— 60. Alfred'sEducation, 241.— 61. Alfred's Books, 244. — 62. Alfred's Embassies to Rome, 250.— 63. Education of Alfred's Children, 253.— Translation of King Alfred's Will, 254. — Translation of King Alfred's Proverbs, 260. THE FIFTH BOOK. Alfred and his Counsellor, 78. notes, commentaries, etc. 64. Alfred's Generosity towards his Female Prisoners,. 263'. — 65. Attachment of Subjects to their Sovereigns, ib. — 66. Remarks on Aristocracy, ib. — 67. Silk Garments in Al- fred's time, 267. — 68. Monarchical Power does not originate from Adam, 268. — 69. Honour and its meaning, 269. — 70.. Conscriptions, and Purchased Commissions, ib. — 71. Momen- tary Inspirations in the People, 270. — 72. Nation of Shop- keepers, ib. — 73. Moral Degradation produced by Comfort,. 271. — 74. Chinese Sages, 272. — 75. Comfort produced by In- dustry and pure Pleasure, ib. — 76. Linen Garments among the Anglo-Saxons, ib. — 77. Modern Despots, 273. — 78. Pas- time of Sovereigns, 274. — 79. Family Government, ib. — 80. Sovereigns driven from their Thrones, 275. — 81. Aqua TofTana, ib. — 82. Dissipation and False Economy, ib. — 83,. " J'ai le droit et j'en use," ib.— 84. Vide Note 80, 276.-85-. Former and actual Punishment of unjust Princes, ib. — 86.. Beware! beware! beware! ib. — 87. Expression of the unfor- tunate Louis XVI., ib. — 88. Fruitless Lesson, 278. — 89. Best form of Government, ib. — 90. Hereditary Succession, ib. — 91. Turbulence of the former Polish Diet, 279,-92. Ele- ments of the British Constitution, ib. — 93. Pretended Origin CONTENTS. XIX of Parliament, 280. — 94. [Miniature and other Republics, 281. — 95. Evils produced by Standing Armies, 282. — 96. Royal Domains, ib. — 97. Faults of Elective Power, 284. — 98. Sa- credness and Inviolability of the Person of the Sovereign, ib. —99. Royal Power limited by Laws, 286.— 100. Liberty of the Press, 288. — 101. Justice sacrificed to momentary Wel- fare, 289. — 102. Means of Influence, ib.— 103. Liberty of Opinion, ib. — 104. Limits of the patience of a Nation, 290. — 105. Fines for accidental words, ib. — 106. Legitimacy of Insurrection, ib. — 107. Non-appreciation of Public Opin- ion, 294. — 108. Limits of Transgression, 295. — 109. Tyrants govern by Fear, ib. — 110. Functions of the Nobility in the State, 296. — 111. Right of every Man to a share of Hap- piness, 299. — 112. Landlords and Tenants, ib. — 113. Justice invested in the Nobility, ib. — 114. Knowledge of Judges and their privation of Property, 300. — 115. Prerogative of the King, ib. — 116. Opening and Dissolving of Parliament by the King, 301. — 117. Degrees of Nobility in England, ib. — 118. Ecclesiastical Power in the British Constitution, 302. — 119. Occupations of the Nobility, 306. — 120. Parliamen- tary Eloquence, 307.— 12L Vide Notes 92 and 93, 311. — 122. Members of Society are not all alike, ib. — 123. General Happiness, ib. — 124. Does a monarch enjoy perfect Hap- piness? 312. — 124a. Dignities of the State conferred on Children, 313. — 125. Men are not all alike, ib. — 126. Bom- bastical Eloquence,, ib. — 127. Men rising from common occupations to high dignities,, ib. — 127a. (p. 314.) — 128.. Despotism of the People the worst Tyranny, ib. — 129. " Those are real Tyrants who consider their will as the only existing Law," ib. — 130. The King and the People,, 315. — 131. Ultra-conservatives, ib. — 132. "Every Countryman should work for himself," ib. — 133. Law of Primogeniture, 316. — 134. Vide note 114, ib. — 135. Leagues may be con- sidered as little States in the Realm, ib. — 136. Reformation should be pursued by degrees, ib. — 137. French Deputies under the last Government,, ib. — 138. Fertile Lands changed into Deserts, 317. — 139. Alfred's Registration of Acres, ib. — 140. Population of Alfred's Dominions, ib. — 141. Origin of Annual Parliamentary Sessions, ib. — 142. Voluntary Gifts and Taxes, ib. — 143. Assent to the Annual Budget, 319. — Legion of Officers for collecting Taxes, ib. — 144. Right of levying Taxes vested in the House of Commons, 323. — 145. Burden shaken from one to another, 324. — 146. Revenue of the Church, 325. — 147. Subjection of all Ranks to Taxes, ib. — 148. Proportion of Taxes,, ib. — XX CONTENTS. 149. Illusive Freedom, 326. — 150. Foundation of the British Constitution, ib. — 151. Reforms in Legislation, ib. — 152. Obedience to the Laws, 327. — 153. Men should moderate their desires, ib. — 154. Punishments must be mild but inevi- table, 328. — 155. Public Appointments obtained by favour, ib. — 156. Privy Council, ib. — 157. Surveyance over Coun- sellors, 329. — 258. Voice of the People, ib. — 159. Use of the rejecting power of a King, 330. — 160. Influence practised on Electors, ib. — 161. Such an honest man, who supports with patience the loss of the esteem of his Party, exists even now, ib. — 162. Do Representatives strive to increase their power? 351. — 163. Mischief caused by the power of the People, ib. — 164. Deputies and their Electors, ib. — 165. Members of the Opposition, ib. — 166. Recent Proposals made to Government, 332. — 167. Majority and Minority, 333. — 168. Reform of Representation, ib. — 169. Happy situation of Great Britain, 336. — 170. Question of Short or Long Parliaments, ib. — 171 and 172. Representatives should be worthy of sitting at the Rudder of Government, 337. THE SIXTH BOOK. Alfred and his Navigator, 152. notes, commentaries, etc. 173. Othar's Voyages, 338. — 174. Othar's success in ob- taining Ships for his Voyages, ib. — 175 and 176. Sociality in a State of Nature, ib. — 177. Cruelty practised towards Children, ib.— 178. Marriages and Filial Piety, 339.— 179. Origin of Property, ib. — 180. History of Five Robinson Crusoes, 341. — 181. Infancy of Man, ib. — 182. Examples of worthy Landowners, 342. CONCLUSION. NOTES, COMMENTARIES, ETC. 183. Man in a State of Nature, 344. — 184. Moderate Monarchy, ib. %* The Engravings on the Title, and on the Introduction re- quire no explanation. The embossed figure on the Cover, taken from the Coitonian Library, represents, according to StrutCs" Man- ners and Customs of the Ancient Britons," an Anglo-Saxon King, of the ninth century, a sketch of which teas used, with some alteration in the face, which we do not, however, pretend to be an authentic copy of Alfred. The face of Alfred's jewel is represented on the reverse of the Cover, the other side being given in an engraving in p. 1 86. LIST OF AUTHORS CONSULTED BY THE COMPILER. AsSER. Bacon. Bastiat. Blackstone. bolingbroke. Burke (Edmund ) De Lolme. Ethelwolfe's Chronicle. Flower (Benjamin.) Giles (the Rev. Dr.) Grotius. Hugo (Victor.) Hume. KANG-HE'S (EmPEROR*S " Sacred Edict.") King. Lappenberg. Littleton. Locke. Lovelace (Earl of.) Malmesbury (William of.) Montesquieu. Mortimer (Sir Thomas.) Muller (J. Von.) Potter. Schomberg. Spelman (John.) Turner. Voltaire. Wade. Wolfe. ERRATA. Page 235 line 26 — For Geni read Genius. „ 307 „ 10 — For perrot-footmen read parrot-footmen. „ 313 „ 32 — For by the president read by one of the chiefs. „ 316 „ 3 — For ote read oter. „ 319 „ 5 — For are well read is well. „ 335 „ 33 — For life time read /or « ft/ Alfred, who loves religion, and, for her sake, the church, will gracefully excuse the rough sincerity of a Northman, for even his own estates, those of the crown, must contribute their share of the taxes, for the king also obtains from the taxes the means of satis- fying his wants ." 147 Alfred was indeed devoted to the church ; he had adopted at Rome a hierarchy, which he at- tributed to the virtues of Leo. His love for arts induced him to bestow his friendship on the priests and monks, who at that time only pre- served some remnants of ancient learning. Nations were not then taught by abuses the dangers which their liberty incurred by submitting to the church; it was willingly: and the well-disposed believed that they worshipped God in worshipping his servants. Amund's words surprised the pious Alfred, but made no impression upon him. He ascribed these too free thoughts to the opinions 136 THE FIFTH BOOK. of the many unbelievers among whom Amund had sojourned. Amund continued: — " The amount of the con- tributions must be fixed by the wants of the state. In time of peace I would fix it at the tenth part of the annual revenues, and in time of war at the fifth. The statistical description of the country, which Alfred's wisdom has provided, extensively facilitates the calculation and levying of these taxes. 148 "Another task of the representatives of the people is the legislation ; the laws are always chains, which fetter natural liberty; the citizen bears them willingly, because they also protect him, because he sacrifices with pleasure a portion of his freedom to society, which shelters him from the attacks of other evil-minded citizens; because all laws harmonize in one purpose, which is to increase and secure the happiness of every citizen. But by others than these the free Ger- man will not be bound. In himself alone he trusts not to part with more of his liberty than imperiously required for the general welfare. 149 The nobles may 'project the laws, and so may the dele- gates : but they must in either case be approved of by both states of the realm, and sanctioned by the kiny. lb0 ALFRED AND HIS COUNSELLOR. 137 There is nothing more difficult than to make laivs, because they must give an equally just direction-line for so many widely different cases, but few of which men can foresee. Accordingly, the laws must be often considered, and not too hastily adopted; they must, at least in many instances, only be given for a limited period, that their results may be carefully examined. 1 * 1 Alfred has prescribed wise laws to his Saxons; but posterity may bring forth fresh wants, and require new reformations. Since laws should be gradually established, they must not be hastily abolished; and Amund would advise that the laws be made by the majority of voices, but not removed by less than two-thirds of the suffrages; for by nothing is the strength of laws more broken and weakened than by repeated alterations. The legislator who abolishes, or even reforms a law, discloses its Heedlessness to the public; but the suspicions of error fall with a like weight upon the new laic. Why should not the man who erred yesterday err to day? But punishment does not invest the laics with greater power, than the inner conviction that they are also salutary to the individual bound by them. 152 " Xevcrtheless punishment there must be. The selfishness of man impels him to satisfy his pas- sions, by committing actions against the general welfare. Men should, therefore, in their own interest arm themselves against such selfishness; 138 THE FIFTH BOOK. and every citizen should be convinced that the fulfilment of his desires will but make him un- happy. 153 The punishment must be mild but inevit- able. The wisdom of the legislator consists therein that the culprit cannot escape justice ; and that point once attained, double the crime will be prevented, with far less sufferings on the part of the culprit™ " Before the delegates of the people all conces- sions of liberties, privileges, and licenses must be brought. The king may too easily be induced, by the skilful eloquence of a favourite mediator, to give privileges injurious to other citizens. 155 As every part of the kingdom has its intercessor at the great assembly, it could not easily occur that a citizen, a village, or a town were favoured at the expense of another. " All other business of the realm is likewise submitted to the consideration of the commoners. The king concludes peace and declares war ; but as the latter throws on the shoulders of the people an immense burden, and as, on the conclusion of peace, the welfare of the realm can with the best intentions be overlooked, a wise king will always combine to the inspirations of his own prudence the results of the considerations of his great council ; but if the functionaries of the state neglect so mode- ALFRED AND HIS COUNSELLOR. 139 rate a step, the representatives of the people possess a natural right, not to prescribe to the king his decisions, but to weigh the grounds for it, and to represent to the king their doubts, and point out to him the probable consequences of the decision of the court. 156 "By this surveyance the people can watch over the counsellors of the king, as they will never advise evidently unjust actions, nor assist in resolutions which would be clearly disastrous to the realm. 157 The hatred of the whole nation is too strong for even the most powerful minister. It is likewise founded on the natural order that the people can make representations against all injurious measures of the court, and principally against unwise and unjust councils, as those from which the whole people would have to suffer; and how unwise must be the king who will not listen to the voice of all his people? 158 " The general assembly must be able to delibe- rate on all subjects, and no power should prevent the lowest of the representatives from frankly pro- posing what he thinks proper for the general wel- fare. The voice of truth should be heard without hindrance, and even false conviction of wrong conclusions should fearlessly be delivered. For if 140 THE FIFTH BOOK. the unsoundness of an opinion present an obstacle to its utterance, the powerful will soon be able to silence the speech of the weak, by declaring their arguments to be unfounded. The ill advice of the bold ignoramus will not easily pass through an assembly which a powerful people has composed of its most distinguished men, and even should the unwise counsels obtain the applause of the mul- titude, there exists a counter-balance in the approval of the nobles, without which no will of the commons should be carried into effect ; and in case even the nobles followed the commons in their evil ways, the king possesses the supreme power of rejecting whatever he considers contrary to the general welfare." 159 Alfred had never beheld an assembly of the people, and was only connected with that of the nobles. He was surprised at the great share in the government which his northern friend allowed the people, and objected: " Amund's virtues and wisdom, and the knowledge of many countries and many people, have enlightened him ; an assembly composed of such men as my friend, would soon raise a people to be the most superior on the globe ; but even were such gifts of Providence not so scarce, does Amund hope that the ignorant com- moners would discover and elect such men ? How ALFRED AND HIS COUNSELLOR. 141 often would not an exterior affability, a noble birth, a liberal use of great wealth, even isolated great actions, -prompted by ambition, entice the people to elect men whose exertions strive more after their own aggran- dizement than that of their country ? 160 " Will not even the ambition of these deputies tempt them to use the prejudices which are so easily spread over the people, as instruments of their personal favour ? Will they not adopt the will, the inconsiderate will of the communities, as a direction to their votes, whereby to obtain the favour of their electors? Will not thus arise such a superior power of the people as Amund would surely disapprove of himself; and, which is the worst kind of tyrannies? How has Amund prevented the inhabitants of a hundred, those of a community, or of a county, from prescribing to the deputy who represents them, the decision he is to protect? And where will the honest man be found who will oppose himself to the imprudent will of a misled people ? who will support with patience the loss of their esteem and favour against the feelings of having preferred to it the general welfare ? 161 " Will not the inexperienced commoners always endeavour to increase their power, without per- ceiving that they annihilate the equilibrium of 142 THE FIFTH BOOK. the state, when they reduce the share of its admi- nistration allotted to the nobles and the king? 162 Did the Roman people, after once tasting the sweetness of freedom, not always thirst for power ? Did they ever cease to revolt against the nobility? Did it not raise their tribunes above the consuls, and even above the dictators? Have those tri- bunes not done all for their own grandeur, and for the people's power ? Have they not even stopped the triumphal car of the victorious when of hated lineage ? Has not the eloquence of selfish tri- bunes brought the republic to the very brink of destruction, from which their filial veneration for Corolianus alone saved them? Did not, at that time, flatterers of the commoners, possessed of a capacity for leading the state, press those from the rudder who led them to victory ? Have not the people preserved this hatred, contrary to the general good, on Scipio, and on Tullus? Have not the people been unjust while the consuls remained generous ? Have they not adjudged to themselves the fertile fields near Ardea, without any right, and stained the glory of justice pre- served by the nobles?" 163 " A man" said Amund, " who takes his seat in the great council of the nation, is no longer the servant of a borough; he is counsellor of the realm; he no longer ALFRED AND HIS COUNSELLOR. ] 43 represents the interest of some houses, but the business of a powerful state, and the welfare of the country. He has opportunities of viewing the reasons for wise resolutions, and he owes obedience to those who have convinced him, and not to the cries of countrymen who know of business but its super- ficiality, and this only from vague rumour. Those cannot advise or command who have not weighed the grounds, and the counter-grounds, who have not compared the promised advantages to the pro- bable consequence. Never should the advantages of some villages prevent the deputies from pro- viding for the best of the realm in general. 16 * " There certainly will always be found among a free nation some discontented. There will always exist some troublesome citizens, who disdain the good because it is not the best. 165 A general pre- judice can pre-occupy the people ; it can, like a contrary wind, carry the ship right against the rocks ; and when the whole nation is misled, no constitution can resist the hurricane. The most terrible despot has, at Rome, in the empire of the Saracens, and in that of the peaceful Serens, not been able to resist the general discontent; and he will be the more exposed to the most cruel insurrection, because his unlimited power induces him to risk more attacks for the general good, than 144 THE FIFTH BOOK. the prince whose power is limited. The latter would be stopped by the laws, by the nobles, and by the representatives of the people in the course of his hardy enterprise long before he can have gone so far as to offend and unite the whole nation against him. " The interest of a county, the petty advantages of a borough, will, by the opposing interests of other countries and other towns, be kept in equi- librium. If the prince offends not the whole nation, he will always find friends among rational men, who soon discover what is profitable to the whole state ; and were it not better to support some less perfected qualities of the prince, than venture the dangers which the threatened downfal of the sovereign family would produce? The nobles would not yield to the people the ruling power, before which their privileges would vanish. They would oppose to the cries of the populace the influence by which they acquire their wealth ; their luxuries, and even their prejudices. "If violent orators incited the people to take de- structive measures, even jealousy would arm other members of the great council of the nation with such eloquence as would obtain an invincible weight from its truth. A whole nation will seldom ALFRED AND HIS COUNSELLOR. 145 agree in erroneous notions, as truth alone can pro- duce conviction. " I found my hopes on this ground : — the pre- judice of the multitude would certainly bring sorrow upon the king, and often stop the best mea- sures, and could moreover remove the first officer of the state from the rudder ; but to overthrow the throne, the cry of the mass were too impotent, if the prince has not forfeited the general favour by real and important attacks upon liberty. The murmurs of the unreasonably discontented are cer- tainly acts of ingratitude against a good king ; but it were far more dangerous to attempt stifling the voice of the people ; it is the path by which truth gains admittance to the throne: it is a warning call of Providence, which reminds the prince not to pursue the wrong course he has entered." 166 " Amund then believes," replied Alfred, " that, according to the old constitution of the Celts, the government should be divided between the king, the nobles, and the commoners, in a manner which possesses, perhaps, not every perfection of the unlimited power of a good prince, but which would make the cases very scarce in which the king ventures to be extremely bad. Such a H 146 THE FIFTH BOOK. government in his opinion may possess less strength, because the powerful members of the state strive, even then, towards different direc- tions; but it ensures the liberty of the citizens, and the peace of the state. For no other con- stitution unites the people so close to the govern- ment as that in which the people have, through their delegates, a share in the government." 167 "In the Celtic states," replied the counsellor, " every inhabitant who is settled, and is bound by his property to the welfare of the nation, has a share in the legislature, and nothing is done without the consent of those who repre- sent him. He has, himself, elected his represen- tative, and is consequently elector of the legis- lator ; and the whole people have chosen those in whom the power is vested. This right of election gives every citizen a dignity which even the noble must acknowledge ; because the disfavour of the multitude might exclude him from the govern- ment. 168 Every burgher's house is a castle, watched by the laws, in which even the sovereign power cannot -penetrate, unless they open its doors. Such a country where the property of every citizen is sacred, where every burgher elects his legislator, must be beloved by every inhabitant, who cannot but acknowledge his pri- vileges to be superior to those of the citizens of those ALFEED AND HIS COUNSELLOR. 147 states, to whom neither their liberty nor their property is guaranteed, and where the government is placed in such hands that the people cannot have the slightest influence upon it, Exterior enemies would hardly find a faction in the former state, and the loud com- plaints would soon he changed into a general cry of war if another power were to attach the state, whose subjection would entail an enormous loss upon every citizen" 1 ™ Alfred smiled, and responded : — " Amund lias distributed the power to the people with such liberality that he has left nothing for either the nobles or the king. And yet power, which alone is the spring wheel of all transactions, cannot be removed with speed, importance, and certainty, if another power can with one finger check that wheel and stop the movement of business. An enemy summoned to war offends the honour of the crown. He undertakes conquests by which Eng- land is placed in danger ; he oppresses my allies ; and in such a case there are no means to stop the consequent violences and war. But the people who have allotted me subsidies for one year can with- draw them in the following. If I should displease them, would they not either extort the most unreasonable demands from me, or the state he disarmed and fall a prey to its enemies? I con- II 2 148 THE FIFTH BOOK. elude an alliance with the Picts. I promise them subsidies against their restless neighbours, and they assist me faithfully. An orator begins to ridicule the Picts and their assistance ; the people refuse to give the subsidies, by which I have hired those useful friends to give their blood in order to save that of my Saxons. The abandoned allies turn enemies, and such mischief can be caused by a mere pleasing harangue of a favourite de- puty." "This objection," replied Amund, "is difficult to answer. That which the wise Alfred fears may happen — nay, it will happen, because it arises from human nature. It was thus the discon- tented Romans refused to conquer for the coun- cils, and rather let themselves be defeated than allow Appius to triumph. Alfred's apprehension is one of the consequences of liberty when not led by wisdom. " One means remains, which is, that the deputies be not elected yearly, but represent the people for three or for seven years. The electing them for only one year seems to me, besides, prejudicial ; they will be too dependent on the populace, of whom they ought to be perfectly free. Every ALFRED AND HIS COUNSELLOR. 149 election is likewise a fermentation, which had better not be too often repeated, for the people to remain indus- trious, laborious, and orderly. If the power of the representatives is secured for several years, the unchanged deputies would probably not reduce, in case of war, the fruits of the efforts of the first year, by refusing their future assistance. They would not risk the vengeance of the nation, which, as blind as it might be to the merits of its kins;, would implacably abhor those by whose obsti- nacy the dignity and safety of the state were sacrificed. The ally would likewise gain confi- dence in England, if the government were fixed for several years, for, the more new elections take place the more the constitution approaches towards government by the people ; but the longer the great senate remains unaltered, the less influence will the populace preserve. 170 " This duration of the assembly might, perhaps, be used in future centuries as a spring to accele- rate or check the rudder of government, in pro- portion as it may meet with too much resistance, or be pulled along with too great velocity. " Human wisdom possesses no remedy to cure all evils, to prevent every excrescence of liberty, or to give to the prince a power which does not tend 150 THE FIFTH BOOK. to the oppression of the people. I nevertheless, believe, that from the danger which the prince incurs through the loss of the love of his people, he would find himself in the useful necessity of preparing to carry his sceptre with prudence — not to let it oppress the citizens too much, nor let it become too heavy in his hands. The prince will, in the first year of his reign, learn to surmount the difficulties of a government composed of jealous parties, and to proceed in such a manner that the wiser and better portion of the people may attach themselves to him. He will have nothing to fear, if he strives to become an Alfred." The king reflected — not without sorrow — on the proposition which Amund had made. "Not yet," said the wise king, " are my people able to govern themselves. In future enlightened cen- turies they will be more worthy to sit at the rud- der of government. 171 It will be my care to point out to them the path to those daughters of heaven — sciences, wisdom, and truth. While I govern with the power which I have inherited of my an- cestors, it will be my indefatigable exertion that my people shall not repent to see so much power in my hands; and to apply that power in all ways to their use." 172 ALFRED AND HIS COUNSELLOR. 151 [Alfred not only endeavoured to fortify his kingdom with laws, embellish the cities and cas- tles, and promote arts and sciences, but likewise to increase navigation, trade, and commerce, by discoveries of foreign countries. He found in Qthar the Northman, an experienced navigator, who vastly assisted him in attaining that aim. A portion of Othar's voyages and discoveries will be found in the following book.] 152 THE SIXTH BOOK. ALFRED AND HIS NAVIGATOR. At the extremity of Heligoland (now a well known island in the North Sea) there lived a wealthy nobleman whose name was Othar. 173 He possessed six hundred rein-deers ; and, in a coun- try where every other kind of cattle was scarce, he ploughed with his own horses and oxen. Othar had read much; his mind was enlightened by narratives of travellers, who cultivated their intel- ligence by comparing the manners and customs of the foreigners with their own, whereby they dis- covered the means of improving the latter; and were able to procure their countrymen comforts hitherto unknown, better implements, and better food. Norway was then governed by Harold with the fine hair, a ruler who subdued the petty princes of his realm, and extended the ALFKED AND HIS NAVIGATOR. 153 rights of the throne. Othar had increased his inclinations for the enjoyment of the general advantages of human nature, by the knowledge of the old Scalds, who sang to a valiant nation the advantages of liberty. Othar, feeling an irresistable wish to travel and discover distant lands, embarked, and arrived at Alfred's court as the latter was occupied in raising a naval power. The king received with pleasure a man whom necessity forced to instruct himself in the art of navigation. Northmanland had not (besides its rein-deers and game) been gifted by nature with any other means of nourishing its inhabitants than the sea. Between the cliffs of a shore, broken down in fearful preci- pices, between the rocky isles lying before the land, the sea is filled with an inexhaustible multitude of animals, which the courageous inhabitants pursue through all the dangers of winds and ice, and which supply their wants. Food, wherewith in milder climates grateful earth rewards the labour of the ploughman, must be fetched by the hard- ened Northmen from foreign lands, and brought to their huts by long sea voyages; but every Northman is a fisherman and a navigator. Hence the reason that the inhabitants of the Scandina- h3 154 THE SIXTH BOOK. vian shores could easily molest with numerous fleets those of the more fertile countries. Othar was presented to the king : — " Alfred," said the Northman, "deserves, from his virtues, that the globe should offer him new countries which no other mortal ever has navigated. I hope to discover countries which will increase England's wealth, where a great number of navigators will find rich cargoes for their vessels, and by which the Saxons will learn to maintain the dominion of the seas. I live in regions over which in summer the sun never sets, rising after a short circulation in the boundaries of the horizon; the seas nourish, in those heights, monstrous fishes, compared to which the elephant is but a small animal. Never- theless, they serve as booty to man ; and one of those fishes is of the value of one hundred pounds of silver. My Northmen know how to conquer these monsters ; to them it is mere play to pursue these giants on the seas with their javelins. On the cliffs of these seas are to be found the sea- horse, whose teeth are more esteemed than ivory; and in the high seas the inestimable unicorn, which produces an antidote confidentially given by phy- sicians against every kind of poison. "But Othar has greater designs; he has be- ALFRED AND HIS NAVIGATOR. 155 longed to men, whom the desire for booty, or the tempestuous winds, drove into new seas. North- land does not reach the extreme angle of the world; it is bounded by the ocean, and in the East flows an immeasurable sea, of which no mortal knows the limits, which reaches fertile Nippon and industrious Cathay. Immense would the fortunes of the Saxons be, and immeasu- rable Alfred's glory, could I succeed in dis- covering in these rich countries the road through which to bring those treasures into the British islands, which enrich so many nations before they find their way into Europe. The silk garments of queens, the finest steel, the noblest copper, the costliest metals, are found in those distant realms; and that people will occupy the highest rank among all nations, who has first discovered the roads of the sea, and who will appropriate to them- selves by navigation the riches of that unknown world. " Othar requests two ships, which he will man with experienced sailors, and provisions for twelve months. He will die or discover new realms for the king." 1 ? 4 Alfred gladly accepted the proposition. Two ships manned with Northern sailors left for 156 THE SIXTH BOOK. Heligoland's shores ; and Othar steered his vessels directly towards the angle of the earth. He pei> ceived the extreme end of the then known world. The sea opened in an immense distance towards the east, and the land retired before him towards the south. Othar advanced farther to the north than any mortal had done before him. The sea was open, and the dangers he had to surmount were only trifles to his courage. He captured unicorns, and brought with him a whole cargo of that inestimable antidote ; but as he had just rounded the point of the globe, beyond which it again sinks to the south, he was overtaken by a heavy gale from the east. Yainly would the bold Othar resist. He was driven on a shore where he found a secure harbour, warm sources, and green meadows. The inhabitants of those shores were not unlike the Finlanders, among whom Othar had formerly lived. Little and uncouthly shaped, but prepared to bear all the burthens of life, indefatigable in the most difficult tasks ; they attacked with bad wea- pons, and without the assistance of iron, the fearful whale, which served them for food, and whose bones formed the skeleton of their huts. They sought beneath the ice the coy seal, and slew him with javelins, mounted with bones. Fish was ALFKED AND HIS NAVIGATOR. 157 their corn, their whole nutriment; for the earth produced nothing that man could subsist upon. The country was covered with rocks, and filled in the interior with lofty snow-capped mountains. Never did a tree shoot forth, nor did the rocky soil produce a single fruit. « Othar's ships had sustained great injury in the storm; their repair required several weeks. He acquired a knowledge of the people who inha- bited the newly discovered shore. He assisted the savages in their fishery, presented them with iron weapons, and instructed them in fastening har- poons to long ropes, which they flung in the whale. By this rope the whale draws his pur- surers along with a speed no storm can imitate, until he becomes weakened by loss of blood. Othar taught them the value of the sea-horse teeth, and the means of subduing it. He let them taste of bread, and promised them to return in the following year with the production of the arts of civilized nations, and to barter with them for the booty of the whale and seal. In spite of Othar's love for liberty, he had never before seen a country without a ruler. The whole north was governed by petty princes, 158 THE SIXTH BOOK. who themselves venerate the kings of Upsal, Lethra, and Northmanland. The inhabitants of the northern coasts obeyed magistrates and laws ; all paid taxes to the state, and sacrificed to it a portion of their liberty. Here, in the western north, Othar found no trace of subjection ; no man raised above another, no law, no punishment, and no reward. Every father is master of his children; but the partner of his hut, who lives near him under one roof, re- quires no obedience from him, and shows him, in return, no subjection, but lives with him, like brothers in equality, around the common lamp. Twenty huts are dug in the earth, close to each other, near a plentiful bay; fifty individuals live in these huts, and not a single one gives or accepts the slightest order ; not one living near the fishful bay acquires more superiority among his co- citizens than that which inevitably follows good advice. The savages assemble themselves in common huts, in small villages ; and, in company, man large boats, in which they journey from one bay to another more plentiful. They Combine all their strength to build such a boat ; they conclude a bond against the whale, wage against him a common war, and share the booty ; but with all these alliances, not one of the inhabitants owes the least subjection to the other. 175 ALFRED AND HIS NAVIGATOK. 159 Othar was desirous of learning what the effects of this lawlessness could be, if the men were less amiable, or their situation the worse for it. He found but little difference between the freest of men, the inhabitants of the north western coast, and the most civilized Europeans. Like in the European, good was here mixed with evil. The savages lived as peaceably as those watched by the wrath of an avenging law. But seldom would one of the savages injure, or beat another, like himself. Many lived in- differently, but amicably, together in one hut. At the division of the common spoils there seldom arises a dispute; even sensual love, which awakens in animals the most bloody conflicts, disturbed not the phlegm of these solitary Northmen. 176 They are, indeed, extremely cold towards each other in the duties of humanity. A child, whose mother died, must inevitably perish, as no other woman will take care of the miserable being. 177 They do not, in case of illness, enjoy those services of their fellow-creatures which civilized nations render each other. As the repeated changes of their habitations makes a burden of the sick to the healthy ;^-as no avenger of the violated laws threatens the criminal, a dispute often leads to 160 THE SIXTH BOOK. murder. The furious savage, who meets his enemy alone on the solitary sea, has at times overturned his boat, or secretly hurled him from the cliffs into the deep abyss. But such crimes are not frequent, and not more so than with those nations who live under the strongest discipline of religion, and the punishment of society. Marriages are just as constant and harmoniz- ing as with other nations. 178 Unfertility is alone despised, because the children, and principally the sons, are the sole assistance which the parents can hope for in old age, in countries where men are not sufficiently united to assist one another in case of need. The sense of honour is as powerful as with the civilized northern nations. It extends even On the glory acquired by wit, after which these savages, likewise, strive in their needy life. But still more powerful is covetousness. Superfluity forms here the only difference which raises one man above another. 179 But these savages are rather more to be excused than civilized nations. Their subsistence is dependant on thousands of dangers and accidents, and even their superfluity exist only in victuals, which may suddenly become a necessity. The want of living socially may be ALFKED AND HIS NAVIGATOK. 161 the reason which prevented these savages from taming animals. Nature gave them reindeers, but no one knew how to train them to obedience, and to live in friendship with man: these men thus lost a surer subsistence than that which depends on the waves and winds. Othar at length convinced himself, that in a perfectly desert country, where there is super- fluous room for the small population, where the sea is open to all, and furnishes subsistence for all, where there are neither acres nor meadows, no property but that under the immediate survey- ance of its possessor ; that, in fine, in a cold coun- try, where all desires, even the most powerful, (that of love,) are moderate, men can live without authority; that also the common wants and advan- tages can lead such uniform men to a social living, and that the vices will not break out with them in greater crimes, than with those who are under princes and laws, because the desires are, with the former, less powerful, making limited punish- ment less necessary. Othar's ships were again prepared and equipped ready to support the dangers of the sea. A favourable north-east breeze guided the hardy mariner round the southern point of the frozen 162 THE SIXTH BOOK. coast. The earth now inclined towards the south; a large bay lay before them; a mighty river flowed through different mouths into the sea, and served for a secure harbour. The northmen found those shores, although farther north than those of the savages, inhabited with civilized men. The Biarmians had a king and holy rites ; they lived in warm and comfortable houses, and found in fishery, hunting their numerous herds, and in the fruits of the earth, sufficient nourishment. The people were not unlike the Finlanders of Othar, who acknowledged the use of social living. The northern cold, the long winters, the destructive winds ruled here like by the north-western savages ; but the united forces of man had here alleviated the severity of the climate. Under their hands the earth had become fertile; they were acquainted with the use of implements, and assisted one another in preparing and building their houses. Want did not compel them to wander through the deserted country ; they had gardens and fields; and exchanged their superfluities against the more useful merchandizes of southern nations. They were not exposed to famine, which often swept away herds of savages, from unfavour- able weather. What had been impossible for one man was achieved by the united force of the mass, The sciences of civilized nations cast a few ALFRED AND HIS NAVIGATOR. 163 of their rays into these distant regions, where a Supreme Being was acknowledged and venerated. Othar found that religion enforces the bonds of humanity, and binds us to duties towards our brethren, which the savage knows nothing of; that we feel more tender compassion, alleviate with greater zeal the wants and sufferings of others; and finally, that unsociable men do not advance in arts or sciences, that they neither improve nor perfect anything; but that, on the contrary, civilized people daily invent more means to alleviate the burden of life, and increase the agreeable impressions; that these people grow and augment, while the savages remain in eternal childhood. Othar again unfurled his sails, and a favourable breeze from the south-west guided him to the northern angle of the earth. He passed by an island far beyond the countries inhabited by men, eastward of a great isle perpetually covered with ice, where the little that nature produces only nourished animals. The small island was traversed by deep fords, and around it the sea swarmed with whales. Othar promised himself inexhaustible treasures in those ncver-before navi- gated regions, (Spitzbergen,) and to recompense the liberality of the Saxons with them. 164 THE SIXTH BOOK. His resolution to fulfil Alfred's wishes was unshakable, namely, to discover the route to Cathay and Nippon, realms of whose extent and wealth the fame had already reached Europe. He passed, on a clear day, by a small island, from which he perceived some smoke arising. " Even here, then," said Othar, " so near the summit of the world, inhabit men ! " and soon saw some strangers, clothed in furs, walking on the shore, and requesting assistance by signs and praying gestures. The generous Othar could not see men suffering without taking part in their misfortunes. He embarked in a skiff, and extended his hand, in token of friendship, to the head man of these for- saken beings. They were Biarmians, and their language was not quite unknown to Othar: they solicited, in the name of the general right of humanity, to be delivered from their loneliness. Othar was at once willing to save them ; but they requested first to enter a hut, in which they had lived for six long years. The hut was sunk in a cavity, and erected of timber washed away by the waves from distant forests, and which kind nature had directed to those inhospitable shores. The apertures were ALFKED AND HIS NAVIGATOR. 165 stopped with moss. A fire burned on the solitary hearth, which was never extinguished. The wealth of these unhappy men was preserved in the huts. Hides of bears, valuable foxes, and reindeers, grease of all these animals, thread, ropes, and tissue of the sinews of bears, and some earthern pots were their treasures. The Biarmians treated their host with meat, and the Northmen once more tasted the long-forgotten juice of the barley. After dinner, the few men brought their trea- sures and weapons on board the vessels, and a western breeze favoured their voyage to the ex- tremity of the east. To cheer the solitude of the sea, Othar begged of the strangers to narrate to him their history. " We are fishermen," said the eldest of the Biar- mians, "and sailed in search of whales; and near this isle were enclosed by the ice. We stepped on shore, and sought some cavern wherein to secure ourselves against the killing cold; in this fearful solitude we saw nothing but cliffs, split by the frost, and the broken pieces fell with fearful crashes into the sea; deserted fields, with- out trees or plants ; hills covered with snow, and a desert, abandoned by all beings, was our realm. We had brought a little iron and some weapons 166 THE SIXTH BOOK. with us from the ships, and without difficulty killed a reindeer, for the inhabitants of that shore had never before beheld men, and had not learned to fly from his ambushes. Night came on, and was short, for during whole months the sun never forsook us; but a strong hurricane raged during the night on the sea, and on the morning the ice was dispersed ; but our ships, our only means of safety, had been cast away, and were irrecover- ably lost. " We saw ourselves enclosed in a prison, sur- rounded by immense seas. We were far from all assistance, and almost devoid of means of averting the cravings of hunger, the frost, and the fury of the winds ; still our very wants gave us courage. The reindeer which we had killed nourished us for some days ; we drank the melted snow, and found a stock of stranded wood washed on shore by the sea, which was sometimes increased by the wrecks of ships. A single axe and a knife were all our tools. We worked indefatigably in constructing a hut, before the inexorable winter should surprise us. By rapidly turning a piece of wood, we kin- dled a fire, which we never allowed to go out. Of a few nails which we found in the wrecks of the ships, we forged, on hard stones, a hammer and two irons, with which we armed two spears. Of ALFRED AND HIS NAVIGATOR. 167 a root likewise presented us by the sea, we made a bow, and of the nails, iron points for the arrows. A white bear, the tyrant of this island, who fed upon what he plundered from the reindeers, at- tacked us ; but we were prepared for war, and killed the cruel animal with our spears. Of his veins we spun threads, and they furnished us with strings for our bows, ropes for different uses, and thread, wherewith we prepared our clothes from the furs of the slayed animals. " The bow which slayed in the distance gave us power over the animals, which had before been the sole inhabitants of the island. We killed the bears, shot a great number of foxes, and as many reindeer as we needed for our nurture. With angles, to which we fastened small morsels of meat, we easily deceived the fish, and increased our provisions. We found clay, whereof we manufactured some earthern vessels, wherein we could cook, and formed a lamp, which we nourished with bears' grease, and by which we enlightened the darkness of the perpetual nights during the very long winters. The wicks were made of some ends of rope, which we found, from time to time, on wrecks. A single low-growing herb, uniting good taste to wholesomeness, served as a change for our meals. 168 THE STXTH BOOK. " Six times we lived to see the perpetual day of the summer; six times, likewise, we endured the terrible nights, which for many months cover these sad fields. The snow which buried our hut, the insupportable cold of the latter winter months, were alleviated by the hut and the fire, which we preserved. The long hours were short- ened by toilsome labours, in which we advanced so far as to make needles out of nails. " These occupations raised our spirits in the dull hours, which we could not avoid. Alas! thought I, we must die, and happy will those be who die first, who will hear the consoling voice of his friends, and who can hope, in his last mo- ments, for their assistance, and have his eyes closed by friendly hands. But what will be the fate of the survivor! who will remain without a friend, without assistance; who cannot acquire or enjoy meals, and cannot quench the greatest want of man — thirst ; who will faint alone, and putrify alive. "We were threatened to lose our most neces- sary tools. The axe, on which depended our pro- visions of wood, whereby we protected ourselves from the cold, was used to the hilt; of an only knife, nothing remained, and these losses were ALFRED AND HIS NAVIGATOR. 169 irreparable. But He who created man can also save him," said the moral Biarmian, "and his kindness has led others, in whom he has en- trusted our safety, from the extreme west to our Othar testified his joy at being found worthy of terminating such undeserved misfortunes. "What," said he, musingly, " would man be without art ; for social life were then impossible ? A little iron, produced by the combined labour of a miner, a collier, a potter, a mason, a carpenter, and innu- merable other artisans, has saved the life of those Biarmians. In social life, they learned how to form the iron into tools, the clay into vessels, the thread into ropes, and the hides into clothes. "Unhappy were man, indeed, without sociality. The human race would be extinguished in a few years; for children, longer than any animal, remain powerless, and unable to procure themselves the necessaries of life, were it not for the insurmount- able inclination to society which unites the father and mother to nurse tenderly the new being, who, in return, causes them only pain and sorrow, and prompts them to sacrifice to their children their ambition, their quietness, their desires, their lei- sure, and even their aversion for pain." 181 I 170 THE SIXTH BOOK. Othar sailed, for a while, towards the east with a favourable breeze ; but as the sun entered the sign of the Virgin, the long days declined, and the winds became stronger. A heavy mist covered the sea, and vast floating islands of ice surrounded the ship. The robust Northmen feared not death, if it encountered them in the shape of a sword or a spear ; but they knew that on the frozen north- ern coast every harbour would be a grave; that no land, for an immense distance, produced the necessaries of life ; that their vessel could not resist the shocks of these floating masses of ice — that it was very uncertain whether any part of the deserted regions were at all inhabited — that a miserable death, hunger, and frost, awaited them — and that no courage could resist such evils. Our hero surrendered unwillingly ; but the navigation was no longer safe, from the dense atmosphere ; and they risked at every moment to be shattered to pieces against some imperceptible cliff, or some unavoidable island. Their provisions likewise grew slack, and the hope of a future sub- sistence could only be realized in distant southern regions. Othar was obliged to yield to the hard necessity, and to shift his rudder. He brought the grateful Biarmians back to their native shores, loaded his vessel with the scarce furs and with ALFKED AND HIS NAVIGATOR. 171 the booty of the northern sea animals, and arrived in the beginning of the winter, after having sur- mounted the greatest dangers, at Heligoland. He wintered with his nation, who heard with surprise the narrative of the companions of the hero, who had travelled over so many never-before navigated seas, who had seen men of other shapes and foreign manners, and who had, in fine, ventured to approach nearer to the angular star than any mortal could ever have hoped. In the following spring Othar returned to Eng- land, and brought to the king the presents of the north, the teeth of the sea-horse, the costly furs given to them by the Biarmians and Obdorians, the weapons of the highly estimated unicorn, and the bones of the whales they had killed. Alfred listened with pleasure to the adventures of his navigator, and the narrative of the men abandoned to nature alone. He was too kind to expose his courageous seamen to the certain dan- gers of destruction, by farther voyages to the extreme north, and therefore gave to the intrepid Othar another commission, but one much easier to execute. The Northman was this time to navigate the 12 172 THE SIXTH BOOK, eastern seas, which stretch from the great ocean, between Scandinavia and Germany, far to the east. He sailed with a well equipped vessel through the sound which separates the Danish isles from the kingdom of the Goths, and navigated a river which takes its source from the old mother country of the Saxons. The whole nation had embarked for the milder shores of Britain, and the deserted country was now inhabited by the Danes. Othar advanced to the mouth of the Vistula, and to the country whence the amber (washed by the sea on its shores) is exported to the other parts of the world. He took in his ship a quantity of this fragrant rosin, which served as ornaments for women. He visited Ehstland, a country of nobles and slaves ; great forests covered the whole coun- try, only a few isolated parts being cleared; every Sarmatian nobleman held there his court, around which lived his slaves, in miserable huts, who cul- vated his lands, and expected their daily subsis- tence from him on whom depended their lives, and even the honour of their wives. The knight knew no other happiness than war, or its imitation — hunting. He searched in the thickest of the woods the wild bull, and aroused the bear in his winter cavern. Neither arts, sciences, nor commerce, had yet penetrated into ALFRED AND HIS NAVIGATOR. 173 this seat of wild nature. That his master might live in idleness, the miserable peasant was daily forced to toil, by hard-hearted stewards, at labour of which he could hope nothing for himself, and which only the whip of the inexorable driver could enforce. The constant oppression under which these miserable beings succumbed, the bad recompense for their labour, the contempt which rather in- creased than lightened good services, made these servants angry, and enemies of their master. They became idle, because they worked not for themselves; malicious, because they were forced to conceal their ill-will; thievish, because they lacked the most common necessaries of life ; and unchaste, because no virgin remained unstained, and dared not resist the insolent requests of the de- bauched nobles. It was a visible effect of the ser- vility of the oppressed, that they no longer prac- tised any virtues, and that their souls were abased to a level with those of the brutes. The greatest part of the country was a desert, and even the fields of the Sarmatian nobles received no care of the unwilling ploughman to fertilize them. A part of the needless forests were yearly burned down, and some seeds sown in the warmed earth, the growth of which was favoured by the ash; and a 174 THE SIXTH BOOK. few harvests were followed by perpetual unfer- tility. Like the beasts which man nourishes for his comfort, the peasant received a common bread and a disgusting beverage, which necessity alone could make endurable. Life was a burden, and death he looked upon as a salvation. Whole and immense realms were placed under the iron rule of a few nobles. None of these vast countries possessed any power of their own; but became the booty of every prince, obeyed by his subjects. No bond united the powerful nobles to general purposes. None of them would be commanded by another. None would sacrifice the smallest part of his fortune or liberty to the general welfare. Single, they were subdued without difficulty; their servile subjects having nothing to hope of their hard masters, and nothing to lose by their destruction. 182 Othar advanced to the end of the eastern seas, and to the mouth of a river, on which stood iso- lated islands, covered with shrubs and game ; a place designed in the book of fate for a town, which should rise after many years to such gran- deur, that hundreds of nations should obey its sway; and whose governors should erect an immense realm, extending from the land of the ALFRED AND HIS NAVIGATOE. 175 Serens to the limits of Ehstland. Othar returned, and brought with him the treasures of these dis- tant countries: hides of the innumerable game, the collected amber, and the honey of the wild bees, which in vain often give to man the model of a happy industry. Alfred marked with interest the situation of the realm over which Wodan, his ancestor, had governed, and where he had stepped from the throne to the altar; he listened attentively to the description of the evil use which man makes of the gifts of nature, when no wise laws unite their force towards a social direction. He resolved to use his influence to break their chains, which abased even their souls, and by which they lost the great advantages which should make them like unto God. He recompensed Othar royally, and gave him the command of ten ships of war, al- ready equipped. [We perceive that the purpose of Othar's voyages, commanded by Alfred, was not merely to discover foreign lands to augment England's wealth by importation of goods, but also to study the manners, customs, and legislation of other nations; and to compare them with each other, and with those then existing in England. The 176 THE FIFTH BOOK. result of which, like that of his conference with Amund, was that Alfred's government was the most enlightened of his time, and contained the future British legislation and constitution. The contents of the fifth and sixth book will already have prepared the reader for the following conclu- sion — describing briefly the general principles of all political constitutions.] 177 CONCLUSION All parts of the universe hold a mutual relation to each other ; and in the whole empire of finite nature nothing exists for itself alone. The universe stands in such a relation to its first cause, that it could not subsist a moment by itself. It belongs to us to study the mutual relation of beings, which are not our work, but the produc- tions of Nature; and the result of this study constitutes our law. The knowledge of this informs us how we may be able to turn every- thing which exists to our advantage. In nothing, indeed, is man more distinguished from the brutes than in the faculty of acquiring this knowledge ; he possesses no other claim to the dominion of the world, but by his superior intellect alone he holds it in subjection. Moreover, as man alone is endowed with the power of elevating himself in communion with the Author of all things, he stands, with respect to all subordinate beings, in I 3 178 CONCLUSION. the situation of those (if we may venture to use the expression) who in monarchical governments have the exclusive privilege of entering into the presence of the sovereign. The law of nature is the result of our relations to the visible world, and especially to all beings endowed with feeling. The generality of men have comprehended indeed, under this term, (fan- cying that they are under no obligations of duty, except towards their equals,) only that which, after abstracting all personal and local connec- tions, every man owes to his fellow-creatures; but this part of the natural law does not embrace its whole extent, although it is obviously the most interesting to us. 183 Since all men do not possess the faculties and industry needful for sifting to the bottom these first principles, and since it cannot be expected, from the violence of human passions, that among the various points of view in which each affair may be contemplated, men will always adopt the most generally beneficial result, as the rule of their conduct ; positive regulations were required, in order to support the natural law with a suffi- cient power, and from time to time with effective measures, against the encroachment of ignorance CONCLUSION. 179 and self-interest. An endless variety of circum- stances soon diversified these regulations, and greatly multiplied them, by giving rise to an infinite diversity of relations. Moreover, violent changes took place, which quickly gave to human society a new form, different from its primitive and simple state, and from the spirit and design of its first institutions : this was a source of more complex relations, which required new precepts. The increasing number of these obtained, according to the objects with which they were conversant, the designation of civil, political, public, and ecclesiastical law. The minutest affairs were regulated by positive laws, since human passions extends to all, and requires, in every con- juncture, a prescribed and distinct limitation. Yet the innumerable multitude of ordinances are capable of being reduced to a few general prin- ciples; it is only necessary to point out the par- ticular applications, in order to confute the sophis- try of those who will not embrace the universal scheme. In some instances the laws have either been proposed, or at least ratified, in popular assem- blies; in others, the nation has submitted silently to the commands which one or more individuals 180 CONCLUSION. (who by virtue or power have raised themselves to be rulers or lords) have issued, under the character of representatives, or protectors of the people. One man, or a body of men, have also adminis- tered the executive power. The variations thus produced constitute great diversities in the forms of government. Monarchy is that government in which a single person rules, but is subject to limi- tation by the laws, over which a middle power presides, and watches for their conservation. The authority of the latter may flow from the splen- dour of a long succession of dignified ancestors, or from their destination to the defence of their country, or from their qualifications as possessors of land ; they are termed, accordingly the noble, the patrician order, or the parliament. In other instances, superior knowledge in divine and human affairs imparts the privilege, as among the ancient Gauls to the Druids, and for a long period to the tribe of Levi among the Hebrews. Despotism, which knows no law, but the arbitrary will of one man, is a corruption or disorganization of monarchy. Aristocracy is the government of ancient fami- lies, and of those who are chosen by them into the senate. This assembly either consists, as was at Venice, of the whole body to whom their birth- CONCLUSION. 181 right gives a share in the government, or it is a select number chosen out of them, as in several Swiss cantons. One branch of this form of admi- nistration is Timocracy, or that constitution, in which the laws define a certain property, the possessors of which, alone, are capable of holding offices. This system, and aristocracy in general, degenerate into Oligarchy, that is, into a form of government in which the chief power, by the laws, or by descent, or accident, is confined to a very small number of men. Democracy denotes, according to the old signi- fication of the word, that system of government in which all the citizens assembled partake in the supreme power. When all the landholders, though not citizens, join with the latter in the exercise of their high privileges, Ochlocracy prevails. This name is also given to that condition of the demo- cratic form, in which, in consequence of bad laws or the violent commotions, the power, which pro- perly belonged to the people, has been trans- ferred to the populace. The best form of government is that which, avoiding the above-mentioned excesses, combines the decisive vigour of monarchy with the mature wisdom of a senate, and with the animating im- 182 CONCLUSION. pression of democracy. But it is rarely that circumstances allow that the sagacity of a law- giver has conferred on his nation that good for- tune; and when it has happened to be obtained, violence and intrigue have seldom conceded to it a long duration in a state of purity. Sparta, Rome, and some later republics, but particularly England, have sought more or less to attain this ideal standard of perfection ; but governments of the simple form have always been more nume- rous and more permanent. At the same time it very seldom happens that we find a form of government wholly unmixed. Religion and prevailing opinions impose salutary restraints upon despotism ; in monarchies it is not easy for the ruler, without one of these resources, to govern the nobles according to his wishes. An aristocracy is generally indulgent to the people ; it sometimes allows them a participation in the most important conclusions; or in the election to certain high offices of state. In like manner demo- cratic governments are, for the most part, held in check by the influence of a perpetual council, which prepares affairs for the deliberation of the popular assembly. By far the most common form of government is the oligarchical. How can the sovereign exercise his power, let him be as CONCLUSION. 183 anxious as he may to govern for himself without confiding on many occasions in the information and proposals of his ministers? A few party leaders govern the senate and the popular assem- bly. The ablest, the most eloquent, or the richest, will everywhere take the lead. The essential difference between the forms of government con- sists in the various pursuits to which a man must direct his endeavours, in order to become powerful in each. Another important consideration relates to the greater or more limited sphere, in which the ruler can exert his arbitrary will. With respect to the former circumstance, there are scarcely any governments in which the am- bition of men is directed altogether as it ought to be ; under a wise prince those obtain power who deserved it ; under a sovereign of an oppo- site character, those are successful who possess the greatest skill in the arts of a court. Family influ- ence decides, for the most part, in aristocracies. With the multitude, eloquence and corruption often obtain the victory over real merit. The natural desire of self-preservation does not prevent the abuse of power; human passions, full of re- sources, provide for all contingencies; kings have surrounded themselves with standing armies, 184 CONCLUSION. against whose accurate tactics, when no conjec- ture of circumstances rouses whole nations to the contest, nothing can prevail. The party leaders know how to put their private wishes into the mouths of the people, and thus to avoid all re- sponsibility ; moreover, the depraved crowd who receive bribes, and do anything for the permission of licentiousness, would sufficiently protect them. An aristocracy is extremely vigilant over the first and scarcely discernible movements: it leaves everything else to its fate, and is willing to impede even the prosperity of a multitude, which is for- midable to it. With all this, it appears wonderful that the forms of human society could be maintained in the midst of such various corruptions. But the greater number of men are neither firmly bent on good nor on evil; there are few who pursue only one of the two, and that one with all their might ; and these, moreover, must be favoured by circumstances, in order to carry their endeavours into effect. Certain attempts are only practicable in particular times; and this forms the distinguish- ing character of ages, the regulation of which de- pends on a higher power. It is fortunate that even imperfect modes of CONCLUSION. 185 government have always a certain tendency to order ; their founders have surrounded them with a multitude of forms, which always serve as a barrier against great calamities, and which impart to the course of affairs a certain regularity, for which the multitude acquire a sort of veneration. The more forms there are, the fewer commotions happen. So great is their authority, that the conquerors of Rome and China have been obliged to adopt the laws of the conquered countries. Herein consist also the advantages of the Orien- tal and other ancient lawgivers: they considered as much the nature of men as the circumstances of their particular subjects ; our laws, for the most part, only concern themselves with public affairs. That simplicity of manners, temperance, industry, constancy, those military virtues, which among us each individual must enjoin himself, became among the ancients matter of prescriptive obli- gation. In fact, it is only through the influence of manners that society can be maintained ; the laws may form them, but men must give assistance to the laws by their own endeavours. Everything will go well when men shall declaim less on their share in the supreme power, and each individual shall 186 CONCLUSION. seek to acquire so much the more authority over him- self. Let every one aim at attaining a correct esti- mate of things ; for by this means his desires will be very much moderated. Let alterations in the form of government be left to the operation of time;, which gives to every people the constitution of which it is susceptible at each particular period, and a different one when it becomes mature for the change. APPENDIX, XOTES, COMMENTARIES, EXTRACTS FROM DOCUMENTS BOOK I. 1. Anglo-Saxons in England. The limited space of this little work has not allowed us to give more than some short outlines of the history of the Anglo-Saxons, from the period of their landing in Eng- land till the reign of Ethelred, (who died a.d. 873,) third son of Ethelwolf, and grandson of Egbert, from which epoch Albert Von Haller begins his narrative of the history of Alfred, which we have given nearly without alteration. More details concerning the Anglo-Saxons in England will be found in well-known works on English history, and prin- cipally in Kemble's new work, entitled " The Anglo- Saxons in England," in " Six Old English Chronicles," and in Dr. Giles' " Alfred the Great." 2. Genealogy of Alfred. Alfred was the fourth son of Ethelwolf, and grandson of Egbert, through whom his pedigree ascended to Woden, and from thence upwards, through twenty-three generations, to Adam. This pedigree, according to Asser, Florence, and Simeon, is as follows : Adam, Seth, Enos, Cainan, Mahalecl, Enoch, Methusalem, Lamech, Noah, Shem, Bedwig, Huala, Hathra, Itermod, Heremod, Sceldwea, Beaw, Caetwa, Geata, Fingodwolf, Frithwolf, Frealaf, Frithowalde, Woden, Bel- deg, Brond, Gewis, Elesa, Cerdic, Creoda, Cynric, Ceaulin, Cuthwine, Cutha, Ceolwalde, Coenred, In^ild, brother of Ine, Eoppa, Eafa, Elmund, Egbert, Ethelwolf. The mother of Alfred was named Osburga, a religious woman, noble both by birth and by nature ; she was daughter of Oslac, the famous butler of King Ethelwulf, which Oslac was a Goth by nation, descended from the Goths and Jutes, of the seed, 190 NOTES, COMMENTARIES, ETC. namely, of Stuf and Whitgar, two brothers and counts ; who, having received possession of the Isle of Wight from their uncle, King Cerdic, and his son Cynric, their cousin, slew the few British inhabitants whom they could find in that island, at a place called Gwihtgaraburgh,* for the other in- habitants of the island had either been slain or escaped into exile. — But our readers "doiverit etre un peu en garde contre les historiens qui remontent a la tour de Babel et au deluge." 3. Ragnar Lodebroh. Our author terms the Scandinavians also Normans, and but seldom Danes, perhaps by reason of the more poetical sound in the German language of the word Normans. Most of the English historians have adopted the name of Danes, probably to distinguish them from the Normans, who invaded England under William the Conqueror. We have no reason for altering the expression used by our German author, as it has not yet been proved that the Scandinavian invaders were merely composed of Danes. But to avoid any confusion in our narrative, between the latter Nor- mans and those in Alfred's time, we have adopted the name, Northmen, as a general term for the northern in- vaders. Ragnar, or Regner Lodebrok, one of their heroes (men- tioned in p. 4.) was made prisoner by Ella, King of North- umberland, and the unhappy captive was placed in a dun- geon, where he was slowly stung to death by snakes. When the news of Regner' s death reached Denmark, his sons, two of whom were Hingua and Ubba, swore to avenge him. The bards of Scandinavia tuned their harps to the praises of the hero : his actions were chaunted throughout the islands of the north, and the death-song of Regner Lodbroc, a curious remnant of Scandinavian verse, which has come down to our own times, animated his countrymen to battle and to vengeance. This and other heroes have been dif- ferently named by various authors, we can therefore not answer for the accuracy of either name, the more so since one name, as Lodbroc, is spelt in several different manners in one work. 4. Death of Edmund, King of the East- Angles. "In the year of our Lord's incarnation, 87-0, which was the twenty-second of King Alfred's life, the above-named * Carisbrooke, as may be conjectured from the name, which is a combina- tion of Wight and Caraburgh. BOOK I. 191 army of Pagans passed through Mercla Into East-Anglia, and wintered at Thetford. " In the same year Edmund, King of the East- Angles, fought most fiercely against them ; but, lamentable to say, the Pagans triumphed, Edmund was slain in the battle, and the enemy reduced all that country to subjection." — Asser. 5. Battle of Reading. This battle is described by Asser as follows : — " In the year of our Lord's incarnation, 871, which was the twenty- third of King Alfred's life, the Pagan army, of hateful memory, left the East-Angles, and entering the kingdom of the West- Saxons, came to the royal city, called Reading, situated on the south bank of the Thames, in the district called Berkshire ; and there, on the third day after their ar- rival, their earls, with great part of the army, scoured the country for plunder, while the others made a rampart between the rivers Thames and Kennet, on the right side of the same royal city. They were encountered by Ethelwulf, Earl of Berkshire, with his men, at a place called Englefield. ;* both sides fought bravely, and made long resistance. At length one of the Pagan earls was slain, and the greater part of the army destroyed; upon which the rest saved themselves by flight, and the Christians gained the victory. "Four days afterwards Ethelred,King of the West- Saxons, and his brother Alfred, united their forces and marched to Reading, where, on their arrival, they cut to pieces the Pa- gans whom they found outside the fortification. But the Pagans, nevertheless, sallied out from the gates, and a long and fierce engagement ensued. At last, grief to say, the Christians fled, the Pagans obtained the victory, and the aforesaid Earl Ethelwulf was among the slain. "Roused by this calamity, the Christians, in shame and indignation, within four days assembled all their forces, and again encountered the Pagan army at a place called Ash- dune,! which means the ' Hill of the Ash.' The Pagans had divided themselves into two bodies, and began to prepare defences, for they had two kings and many earls, so they gave the middle part of the army to the two kings, and the other part to all their earls ; which the Christians perceiv- ing, divided their army also into two troops, and also began to construct defences. But Alfred, as we have been told by those who were present, and would not tell an untruth, * Englefield Green is about four miles from "Windsor, t Aston, in Berkshire. 192 NOTES, COMMENTARIES, ETC. marched up promptly with his men to give them "battle; for King Ethelred remained a long time in his tent in prayer, hearing the mass, and said that he would not leave it till the priest had done, or abandon the divine protection for that of men. And he did so too, which afterwards availed him much with the Almighty, as we shall declare more fully in the sequel. " Now the Christians had determined that King Ethelred, with his men, should attack the two Pagan kings, but that his brother Alfred, with his troops, should take the chance of war against the two earls. Things being so arranged, the king remained a long time in prayer, and the Pagans came up rapidly to fight. Then Alfred, though possessing a sub- ordinate authority, could no longer support the troops of the enemy, unless he retreated, or charged upon them with- out waiting for his brother. At length he bravely led his troops against the hostile army, as they had before arranged, but without awaiting his brother's arrival ; for he relied in the divine counsels, and forming his men into a dense pha- lanx, marched on at once to meet the foe. "But here I must inform those who are ignorant of the fact, that the field of battle was not equally advantageous to both parties. The Pagans occupied the higher ground, and the Christians came up from below. There was also a single thorn-tree, of stunted growth, but we have ourselves never seen it. Around this tree the opposing armies came together with loud shouts from all sides, the one party to pursue their wicked course, the other to fight for their lives, their dearest ties, and their country. And when both armies had fought long and bravely, at last the Pagans, by the di- vine judgment, were no longer able to bear the attacks of the Christians, and having lost great part of their army, took to a disgraceful flight. One of their two kings and five earls were there slain, together with many thousand Pagans, who fell on all sides, covering with their bodies the whole plain of Ashdune. " There fell in that battle King Bagsac, Earl Sidrac the elder, and Earl Sidrac the younger, Earl Osbern, Earl Frene, and Earl Harold ; and the whole Pagan army pursued its flight, not only until night but until the next day, even until they reached the stronghold from which they had sallied. The Christians followed, slaying all they could reach, until it became dark. "After fourteen days had elapsed, King Ethelred, with his brother Alfred, again joined their forces and marched to BOOK I. 193 Basing to fight 'with the Pagans. The enemy came together from -all quarters, and after a long contest gained the victory. After this battle, another army came from beyond the sea, and joined them." To this we only have to add, that "ilfaut se defier de ceux qui particularisent toute Vhistoire, qui vous donnerrt audacieusement la relation exacte de toutes les ba- tailles dont les generaux eux memes auraient eu peutetre bien de la peine a rendre compte a Vepoque on les batailles out eu lieu" 6. Alfred's Brethren. Ethelwerd, author of the " Saxon Chronicles, " (a de- scendant of King Alfred,) dedicated his work to Matilda, daughter of Otho, the great emperor of Germany. The said " Chronicles," which we shall have occasion sometimes to cite, vary a year or two from other authors. With respect to Alfred's brothers, he relates as follows : — " I will now leave obscurity, and begin to speak concerning the sons of Ethelwulf. They were five in number : the first was Ethelstan, who also shared the kingdom with his father ; the second was Ethelbald, who also was king of the Western English ; the third was Ethelbert, King of Kent ; the fourth was Ethelred, who after the death of Ethelbert, succeeded to the kingdom, and was also my grandfather's grandfather : the fifth was Alfred, who succeeded after all the others to the whole sovereignty, and was your (Matilda's) grand- father's grandfather." 7. Vide Note 5. 8. Battle of Wilton. The following is the description given by Asser, of that memorable battle : — "In the same year, (871,) when he had reigned one month, almost against his will, for he did not think he could alone sustain the multitude and ferocity of the Pagans, though even during his brothers' lives he had borne the woes of many, — he fought a battle with a few men, and on very unequal terms, against all the army of the Pagans, at a hill called Wilton, on the south bank of the river Wily, from which river the whole of that district is named, and after a long and fierce engagement the Pagans, seeing the danger they were in, and no longer able to bear the attack of their enemies, turned their backs and fled. But, oh! shame to say, they deceived their too audacious pursuers, and again rallying, gained the victory. Let no one be surprised that the Christians had but a small number K 194 NOTES, COMMENTARIES, ETC. of men, for the Saxons had been worn out by eight battles in one year against the Pagans, of whom they had slain one king, nine dukes, and innumerable troops of soldiers, besides endless skirmishes, both by night and by day, in which the oft-named Alfred, and all his chieftains, with their men, and several of his ministers, were engaged without rest or cessation against the Pagans. How many thousand Pagans fell in these numberless skirmishes God alone knows, over and above those who were slain in the eight battles above- mentioned. In the same year the Saxons made peace with the Pagans, on condition that they should take their depar- ture, and they did so." 9. Alfred's Vessels. "Alfred the Great, who turned the energies of his powerful mind to the task of creating a naval force, which should be more than a match for that of his untiring perse- cutors, the Danes, himself superintended the formation of his fleet, and the vessels he designed were much superior to those of the Danes. These vessels were galleys, generally rowed with forty oars, some even with sixty, on each side ; and were twice as long, deeper, swifter, and less " wavy," or rolling, than the ships of the Danes. These vessels were not so well adapted for commercial purposes as for warfare, they having accommodation for a large force, and affording room for fighting ; and this build of ship was mostly used for war, until the introduction of cannon rendered other arrange- ments necessary." — The Ship: its Origin and Progress. 10. Defeat of the Danish Fleet. " In the year 877, the Pagans, on the approach of autumn, partly settled in Exeter, and partly marched for plunder into Mercia. The number of that disorderly crew increased every day, so that, if thirty thousand of them were slain in one battle, others took their places to double the num- ber. Then King Alfred ordered boats and galleys, i. e. long ships, to be built throughout the kingdom, in order to offer battle by sea to the enemy as they were coming. On board of these he placed seamen, and appointed them to watch the seas. Meanwhile he went himself to Exeter, where the Pagans were wintering, and having shut them up within the walls, laid siege to the town. He also gave orders to his sailors to prevent them from obtaining any supplies by sea ; and his sailors were encountered by a fleet of a hundred and twenty ships full of armed soldiers, who were come to help BOOK I. 195 their countrymen. As soon as the king's men knew that they were fitted with Pagan soldiers, they leaped to their arms, and bravely attacked those barbaric tribes : but the Pagans, who had now for nearly a month been tossed and almost wrecked among the waves of the sea, fought vainly against them ; their bands were discomfited in a moment, and all were sunk and drowned in the sea, at a place called Suanewic* " In the same year the army of Pagans, leaving Wareham, partly on horseback, and partly by water, arrived at Suane- wic, where one hundred and twenty of their ships were lost ; and King Alfred pursued their land army as far as Exeter ; there he made a covenant with them, and took hostages that they would depart. "The same year, in the month of August, that army went into Mercia, and gave part of that country to one Ceolwulf, a weak-minded man, and one of the king's ministers ; the other part they divided among themselves." — Assays Life of Alfred. 1 1 . Chippenham surprised by the Danes. "In the year of our Lord's incarnation 878, which was the thirtieth of King Alfred's life, the army above-men- tioned left Exeter and went to Chippenham, a royal villa, situated in the west of Wiltshire, and on the eastern bank of the river, which is called in British, the Avon. There they wintered, and drove many of the inhabitants of that country beyond the sea, by the force of their arms, and by want of the necessaries of life. They reduced almost entirely to subjection all the people of that country." — Ibid. 12. Adventure of the Cakes. "At the same time the above-named Alfred, king of the YVest-Saxons, with a few of his nobles, and certain soldiers and vassals, used to lead an unquiet life among the wood- lands of the county of Somerset, in great tribulation ; for he had none of the necessaries of life, except what he could, by frequent sallies, forage openly or stealthily from the Pagans, or even from the Christians who had submitted to the rule of the Pagans, and as we read in the Life of St. Neot, at the house of one of his cowherds. " But it happened on a certain day, that the countrywoman, wife of the cowherd, was preparing sonic loaves to bake, and the king, sitting at the hearth, made ready his bow and arrows and other warlike instruments. The unlucky woman * Swamvich, in Dorsetshire. k2 196 NOTES, COMMENTARIES, ETC. espying the cakes burning at the fire, ran up to remove them, and rebuking the brave king, exclaimed : — ' Ca'sn thee mind the ke-aks, man, an' doossen zee 'em burn ? * I'm boun thee's eat 'em vast enough, az zoon az 'tiz the turn.'* The blundering woman little thought that it was King Alfred, who had fought so many battles against the Pagans, and gained so many victories over them." — Ibid. The adventure of the cakes is related differently by various authors. According to one she exclaimed, " Why don't you turn the cakes when you see them burning f You will be glad enough to eat them when they are hot" According to another the excited woman said angrily to the king, " Turn thou those loaves, that they burn not, for I see daily that thou art a great eater." In a Latin Life of St. !Neot, she says, " Why, man, do you sit thinking there, and are too proud to turn the bread? Whatever be your family, with such manners and sloth, what trust can be put in you hereafter ? If you were even a nobleman, you will be glad to eat the bread which you neglect to attend to." We will leave it to serious historians and antiquarians to search deeply into this very important matter of history, (which has already been partly done,) as our work is not profound enough to enter into more details regarding such serious facts, but its record by three different authors proves at least somewhat of it to be founded on truth — a fact we cannot assert of many historical traditions. Florence, of Worcester, takes no note of the anecdote of the cakes, but the peasant, into whose rustic life fortune interwove this golden episode, was called, according to the above author, Denulf. The humble life which Alfred led with the inhabitants of the rustic farm-house in Somersetshire, and with his com- panions in the woods, who subsisted by hunting and fishing, was an admirable school for a prince, who was liable, as is said of Alfred in the first part of his reign, to carry his head on high, and to despise the petitions of his people. A king, moreover, who had gained from books a more extensive knowledge of men and things than was usually acquired by others in that age, must have felt much and reflected deeply upon the degradation to which he was reduced. The prince who had led the West- Saxons so often to battle, was at last brought to so low a condition, that he was beholden to a humble farmer, once his own servant, for his daily bread. * The original here is in Latin verse, and may therefore be rendered into English verse, but such as every housewife in Somersetshire would understand. BOOK I. 197 The few nobles who had followed him were obliged to dis- perse, to procure themselves food. This was a lesson of practical wisdom, not to be found in any of the books which the king had studied so attentively. It may have been delineated in figurative language in some of the verses of that book of Poems, which his mother had given him seven- teen years before, but it was now brought home to himself by a catastrophe which fell like a thunderbolt upon him. Though we may justly hesitate to ascribe such events to the visible judgments of heaven, or to believe that they occur as direct modes of punishment for transgression, yet to the wise man — and Alfred certainly was one — they will always become real blessings to clear the understanding from vain and unprofitable affections, to dispose the will towards the path of prudence, and to strengthen the heart and hands to struggle more effectually with the difficulties which present themselves in life. Neither did this mental discipline come on Alfred too early or too late for him to benefit by it. He was only twenty-nine years, neither too old and seared to receive the salutary lessons of adversity, nor too young and yielding to retain them, but of that intermediate age, Avhich ushers in the prime and hale period of manhood, when it might be hoped that he would have many years before him to mature his reflections, to bring forth the true fruits of the wisdom which he had gained, and to form that character of himself and of his reign which he would wish to go down to future ages. 13. Legend of the appearance of St. Cutlibert to Alfred, and his Visit to the Danish Camp. " There is a place," is written in the Life of St. Neot, "on the furthest extremity of the English, towards the west, called Ethelingeye, or the Isle of Nobles, surrounded on every side by marshes, and so inaccessible, that it can be approached only in a boat. The island contains a great grove of alder-trees, wherein are stags, goats, and many animals of that kind: it comprises scarcely two acres of solid ground. To this island came Alfred alone, for in his dejec- tion he left behind him the few soldiers who accompanied him, that he might the better avoid the enemy ; and per- ceiving there a cottage belonging to some unknown indivi- dual, lie went up to it, and asked a lodging, which was granted him. For he remained there some days, a stranger and poor, doing what the peasant and his wife told him, and content witli the merest necessaries. When asked who he 198 NOTES, COMMENTARIES, ETC. was, or what business he had in so lonely a place, he replied, that he was one of the king's servants, who had been defeated with him in battle, and had escaped to this spot from the enemy who were pursuing them. The herdsman, trusting to his words, took pity on him, and carefully supplied him with the necessaries of life." Ingulfs version of the legend of the appearance of St. Cuthbert to Alfred, (mentioned at page 17,) a legend like- wise mentioned in " Brompton," Simeon of Durham's " His- tory of the Church of Durham," and elsewhere, is as follows: — " The fortress which Alfred constructed in Athelney he afterwards converted into a monastery of monks, in memory of the time which he had spent there, and to the exaltation of the holy church. One day, when the whole household had gone out to fish in the neighbouring marshes, and the king was sitting alone in this fortress, engaged in studying the holy Scriptures, or reading the exploits of illustrious men, as was his constant custom, and the annals of the fathers, he heard a poor man knock at the door, and ask something to eat for the mercy of God. Calling his mother, who was then residing with him, he told her to go to the cellar, and give something to the poor Christian man for the love of Christ. She went to do as he bade her, but finding- only one loaf there, she came and told the king that there was not enough for the household, who would soon return from fishing. The king, hearing this, (that there should be such poverty in a king's larder!) gave devout thanks to God, and commanded that half of the loaf should be given to the poor servant of Christ, adding these words, ' Blessed be God in his gifts ! He is able, if He so will, to increase that half immensely, who, when He so willed it, was able to feed five thousand men on five loaves and two fishes.' He then dis- missed the poor man, and afterwards, fatigued by the Aveight of his cares, or by his protracted reading, he went to rest, and saw the holy Bishop Cuthbert approach to him, and deliver this message in the name of the Lord. 'Pious King Alfred, the Lord is moved to pity at the misery of the Eng- lish, who have mourned long and deeply for their sins : He has, moreover, this day, in the form of a poor man, approved your patience, and gratefully received the morsel which you gave Him in the midst of your own great want. He pro- mises you, through me, that, though you are now a wretched exile, you shall soon be victorious over your enemies, and triumphantly regain the throne of your kingdom. And this shall be a sign to you, that though your household, who are BOOK I. 199 gone out to fish, may find great impediment to their success in the winter's ice, yet, by the Divine mercy, they shall gain the object of their wishes, and about the third hour of the day, shall return with a wonderful quantity of fish.' Saying these words, the saint disappeared, and the king awaking, told the vision to his mother, who replied that she also, whilst asleep in her chamber, had seen the same vision, and the same saint, appearing to her in like manner, had ad- dressed her in the same words. As they were speaking, the fishermen came in from the marshes with an abundance of fish, enough to feed a large army." The anecdote related in page 18 is confirmed by some, and contested by other writers. William of Malmesbury tells us that ' f King Alfred used often in later days to speak of the time which he spent in the wilds of Somersetshire, of the hardships which he daily suffered, and of the dangers which continually encompassed him. It was now about five months since his troops had been defeated by the enemy, and himself obliged to become a fugitive and an outcast." But it is more likely that the plan which King Alfred adopted was what afterwards mainly conduced to bring about his restoration, and the re-establishment of his coun- try's freedom. Many indications of this appear in the nar- ratives of the old chroniclers. It is probable that the Danes owed their success at Chippenham in a great measure to the suddenness of their attack, and the king now seems to have retaliated upon them by a similar mode of operations. That he kept up a communication with his faithful nobles through- out the three countries, is evident ; for by a hasty summons of a few days, a large army was speedily brought together. Before, however, his standard was again spread to the breezes, it was Alfred's policy to obtain all the information in his power concerning his enemies, to reconnoitre their position, their defences, and to examine where they were the most exposed to attack from negligence, or the conscious- ness of security. The story which is told of Alfred has been credited by some, and rejected as fabulous by others. It certainly is not found in Asser's Biography, nor in the other five early chronicles ; but it is told by Ingulf, who lived at the time of the Norman Conquest, and may have had access to other records which since have perished. It is also found in the " History of the Kings of England," by Malmesbury, who was not prone to listen to fables, unless they were such as rested on the authority of the church. Neither does the anecdote seem to be at all improbable, when we consider the 200 nature of the times, and the great simplicity of kings, who mixed with their subjects without that affectation of pomp and dignity, which at present are used as a substitute for departed power. It was the king's intention to assemble his troops and to surprise the enemy unprepared, as they had before surprised him at Chippenham. To strike a sure blow, it was necessary that he should be able to depend upon the accuracy of his information. If he failed at this crisis of his fate, a second chance would probably never present itself: he could not trust the eyes or ears of an ordinary spy, and he determined to go himself and inspect the motions of the enemy. Now it was that he derived a practical benefit from the subjects of his early education. The Saxon poems and ballads, which he drunk in with an attentive ear in his youth, were still fresh in his mind, and the harp, which almost every person of decent condition in those days could touch, was not silent in the king's hands. The profession of a minstrel was held in general estimation among the northern nations. Singing the deeds of war, they were themselves exempt from its terrors : the sword and spear were lowered to greet the gleeman who chanced to enter the tent of the warrior, and many a time did the savage chieftain, melting at the plaintive melody of song, verify the words of the poet, who sings that " Music hath charms to soothe the savage breast ! " To effect his purpose, Alfred adopted the costume of a Saxon minstrel, and set out for the Danish camp, which was still in the neighbourhood of Chippenham; for so total seems to have been the defeat of the English, that the enemy imagined they were annihilated, and gave themselves up to security ancl enjoyment. The king was admitted without difficulty to their camp, and had an opportunity of seeing every thing which was passing within. He, perhaps, may have been brought into the presence of Guthrum himself, and witnessed the ease and confidence which reigned in that chieftain's tent. When he had satisfied himself on all the points which he wished to know, he returned to Athelney, a distance of thirty or forty miles. 14. Capture of the Standard of the Northmen. Spelman relates that "instead of this battle, there were two ; in the first of which, Odin alone was victorious, and conquered the general standard of the Northmen. In the second, Alfred vanquished the robbers, and soon after com- pelled them to surrender." BOOK I. 201 15. The Magic Standard. "This," says Sir Jolm Spelman, "was a banner, with, the image of a raven magically wrought by the three sisters of Hinguar and Hubba, on purpose for their expedition, in revenge of their father, Lodebroch's murder ; made, they say, almost in an instant, being by them at once begun and finished in a noontide, and believed by the Danes to have carried great fatality with it, for which it was highly es- teemed by them. It is pretended, that being carried in a battle, towards good success it would alway seem to clap its wings, and make as if it would fly ; but towards the approach of mishap it would hang down and not move." Asser relates that his relative, St. Neot, appeared to him in a dream, and comforted him with the assurance that the next day would end all his calamities : " The next morning he marched to Ethandune, and there fought a fierce and well-contested battle against all the army of the Pagans, whom, with the Divine help, he defeated with great slaugh- ter, and pursued them flying to their fortification. Immedi- ately he slew all the men and carried off all the booty he could find outside the fortress, which he afterwards laid siege to with all his army, When fourteen days were expired, the Pagans, compelled by famine, cold, fear, and lastly by despair, asked for peace, on condition that they should give the king as many hostages as he pleased, but should receive none from him in return, in which form they had never before made a treaty with any one. The king showed them mercy, and received such hostages as he chose, after which the Pagans swore also, that they would immediately leave the kingdom; and their king, G-uthrum, promised to em- brace Christianity, and receive baptism at King Alfred's hands. All of which articles he and his men fulfilled as they had promised. For, seven weeks afterwards, King Guthrum himself, with thirty chosen men of his army, came to Alfred at a place called Aller, near Athelncy, and there King Alfred, receiving him as his son by adoption, raised him from the holy laver of baptism on the eighth day, at the royal villa of Wedmore, where the holy ointment was poured upon him. After his baptism, he remained twelve days with the king, who, with all hi? nobles, gave him many fine houses." So brief a narrative of the victory at Ethandune, which replaced Alfred more firmly than before on the throne of his kingdom, has naturally given much subject for inquiry to the critics and commentators, who have endeavoured to k3 202 NOTES, COMMENTARIES, ETC. trace the movements of the king's army in this rapid and glorious campaign. There is nothing better established in history than the identity of Ethelingeye, where Alfred's fortress in the marshes was constructed, with the modern Athelney. Capricious fortune has mercifully spared the antiquary the greater mortification which a doubt on this point would have produced. A beautiful jewel was found many years ago on the spot ; and the original is still pre- served in the Ashmolean Museum at Oxford. Did the king- drop this gem in the hurry of his frequent sallies on the enemy, and equally hasty retreats to his fortress ? or, was it deposited in the monastery, which Alfred afterwards con- structed there, as a precious personal relic of the great king, and of the heroic stand which he there made to defend the rights of his throne and the liberties of his people ? These are questions which we cannot answer ; for the speechless relic tells us no more than that it is as old as the time of Alfred, which is evident from the style of workmanship, and the Saxon writing, " Alfred had me worked," with which it is. inscribed. An engraving of the reverse of this jewel, with the above sentence, will be found in p. 186, and the face on the embossed cover of this book. 16. River Stowe. This river is called by Asser " Sture," and is remarkable, inasmuch that Zocrin, who lived shortly after the death of Brutus, and married Guendolama, the daughter of Cori- neus, was killed there by the shot of an arrow, and his wife afterwards took upon her the government of the whole kingdom. 17. London Rebuilt, and Erection of Castles. "In 868," says Asser, "after the burning of cities and the slaughter of his people, he honourably rebuilt the city of London, and made it again habitable. He gave it into the custody of his son-in-law, Ethelred, Earl of Mercia; for all the Angles and Saxons, who had before been dis- persed everywhere, or were in captivity with the Pagans, voluntarily turned and submitted themselves to his do- minion." The king's ministers had previously neglected and partly refused to fulfil their master's commands, concerning the erection of castles, and preferred, with true Saxon blood, to face their enemies in an open field of battle, rather than retire for safety behind the walls of a fortress. The king himself zealously discharged such of these duties which BOOK I. 203 came under his own immediate care, and restored the towns and cities that were dilapidated, to more than their former condition ; but when they beheld the king's talent, they with one voice praised the royal wisdom, and tried with all their power to fulfil what they had before refused, namely — the erection of castles, and other things useful to the whole kingdom. Spelman seems to have thought that Alfred was the first to construct buildings of hewn stones, which can be judged by the following passage : — " Xeither was the reparation notable in regard of the greatness and universality only, but it was also of an extraordinary kind, both in regard of the materials, and of the new manner ; for, when the walls of towns and castles were but wood, and combustible, (as we may see by those of York and Rochester, that they generally then were,) stone buildings were very rare, till Alfred made them more frequent." According to Hearne, he was the founder of Middleton, and Barfbot in Kent, of Devizes in Wilts, and of Alfreton in Derbyshire. Malmesbury, and the city of Xorwich, were also restored, and some additions made to them. 18. Various Conflicts with the Danes in 893-94. "In the year 893, one year after the barbarians fought against King Arnulf, they go to Boulogne, and there build a fleet, and pass over into England. There they station their fleet in the Limnean port, at a place called Apoldre [Appledore, in the eastern part of Kent,] and destroy an ancient castle, because there was but a small band of rustics within, and there they make their winter camp. In the course of this year, a large fleet belonging to Hasten arrives on the banks of the river Thames, and found a citadel on the coasts of Kent, at a place called Middleton [Milton] : they encamp there the whole winter ; and the number of years that had elapsed from the glorious nativity of our Saviour was nine hundred all but seven." The Monk of Malmesbury says, that "with his usual activity, the king was present in every action, ever daunting the invaders, and at the same time inspiring his subjects with the signal display of his own courage. He would oppose himself singly to the enemy; and by his personal exertions rally his forces whenever they were wavering; the very places are still pointed out by the inhabitants, where he felt the vicissitudes of his good or evil fortune." "Undismayed at the intelligence which arrived from 204 NOTES, COMMENTAKIES, ETC. Devonshire, the king divided his forces into two bodies, one of which he despatched against the Danes in Bemfleet, whilst he hastened with the other to raise the siege of Exeter. The party which was detached eastward arrived at London, where they were reinforced by a body of the citizens and others from the west of England, after which they pursued their march to Bemfleet The great army which had been at Appledore was now within the Danish lines, but Hasting was absent on a plundering excursion, which he was making for the second time, in breach of his treaty with the brave Ethelred, in Mercia. The English stormed the fortress, and took all the spoil that was therein, besides all the women and children; they broke in pieces or burnt many of the Danish ships : the rest they carried into Rochester or to London, together with all the prisoners and booty. Among the captives were the wife and children of Hasting : and this calamity having its due effect upon the mind of the haughty Dane, a second treaty was entered into, hostages for its observance were given, and the wife and children sent back unhurt to the Danish camp, " In the mean time Alfred arrived at Exeter, where he found the enemy laying siege to the city : the Danes decamped at his approach, and fled to their ships. The king was thus at liberty to return into the eastern parts of the kingdom, but from some circumstances which have not been handed down to us, we find that he remained some weeks longer in Devonshire. During this delay in the west, the broken armies of the enemy had rallied from their late defeats, and again entrenched themselves at Shobury in Essex, but soon after being reinforced by a large body of East-Anglian and [Northumbrian Danes, they marched inland, following the course of the Thames ; from thence crossing to the Severn, they marched up the banks of that river to Buttington, probably the small town which is still so called, and is situated on a stream of the same name in Gloucestershire. But their progress through Mercia was not effected without rousing its inhabitants to arms. The brave Ethelred, its ruler, together with the aldermen, Ethelm and Ethelnoth, and the king's thane, who were in custody of the fortresses in those parts, assembled their troops from all the towns of the river Perrot, and joined by some forces from Mercia and Xorth Wales, they shut the Danish army up in their fortified camp. Here they besieged them several weeks, during the time the king's army was still at Exeter. At length the besieged began to be in want BOOK I. 205 of food, and were compelled to eat their horses. Some of them died of starvation; the rest, taking courage from despair, sallied out upon the English, who lay upon the eastern side of the Severn, and engaged them in battle. The contest was fierce and bloody ; Orfchelm and many other king's thanes were slain, but the Danes were entirely defeated, and, having lost a large number of men, sought safety in flight. Those who survived this defeat, took refuge at the fortress in Essex ; where before the winter they received such reinforcements out of East Anglia and Nor- thumberland, that they were again able to move, and pursue their ravages as before. Committing their ships, their wives, and all their effects to the guardianship of the friendly East Anglians, they " went at one stretch" — such is the expression of the Saxon Chronicle — " day and night," until they arrived at Chester, at that time uninhabited. This march was con- ducted with such speed, that the English were unable to come up with them : the Danes were already safe within the city, and the troops of Alfred slew all they found without the walls, took all the cattle, and burnt or consumed all the corn in the fields. This happened at the end of 894, not much more than twelve months after Hasting first came over from France." — " Life and Times of Alfred the Great" by Dr. Giles. 19. Capture of the Danish Fleet on the River Lea. " In the beginning of the year 896, the Danes, sailing up the Thames, turned to the right, and followed the course of the river Lea, until they came to the neighbourhood of the modern towns of Hertford and Ware, about twenty miles from London. Here they constructed their fortifica- tions as usual ; and the citizens of London, alarmed at their proximity, marched out at the approach of summer to attack them. In the battle which ensued the Londoners were worsted, and, with the loss of " some four king's thanes," obliged to retreat. The king now arrived with his troops, and encamped near London, to protect the reapers as they were gathering in the crops. One day the king, riding along the banks of the river, observed a place, where the river might be so obstructed that the ships of the Danes would not be able to pass. The idea was immediately put into effect, and two fortresses constructed on the opposite banks of the river. The English had hardly set themselves down to accomplish this work, before the Danes saw the evil which would inevitably ensue to their shipping. Abandoning 206 NOTES, COMMENTAKIES, ETC. these to their fate, they hastily left their position on the Lea, and crossing the [country, arrived at Quatbridge, (supposed to be the modern Bridgenorth,) or Quatford, on the Severn. Here they speedily entrenched themselves, and the third year of the campaign passed away with, apparently, little prospect that a war against so active and vivacious an enemy would ev er come to an end. "But, in reality, the strength of the Danish invaders was now departed from them. Though often reinforced by their friends, the old Danish settlers, the tide of success was evi- dently setting against them, and the policy or the mercy of Alfred was directed to separate the interests of the Danes located in the island from those of the new coiners. His armies, too, were more than a match for the whole united army, which, by its frequent defeats, were lessened in numbers, and dispirited in courage. Their fleet, also, by Alfred's stratagem on the river Lea, was now lost to them. The citizens of London took possession of the ships in the Lea, whilst Alfred's army gallopped westwards after the enemy : some of the best of the vessels were towed to London, others were destroyed, and the enemy's main dependence in all enterprises, their fleet, was entirely annihilated." — Ibid. 20. Alfred and Hasting. Alfred can be regarded with impartiality as the cham- pion of a settled society, of equal rights, and of civilized life, while his opponent, Hasting, represents the barbarian roving over the world with no law but that of his sword ; he may inflict for a time the greatest woes upon mankind, but will assuredly fall at last the victim of a ferocious, sys- tem which engulphs all that enter into it. 21. Flattery. We here perceive, that princes have, at all times, been surrounded with flatterers, to whom they could not resist lending a too willing ear. That intoxicating poison — flattery — had fortunately no effect upon Alfred. But even our author was not free from it ; for although he has not, we are glad to see, employed it in the narrative of Alfred's life, almost wholly founded upon historical facts — yet, in his dedication to George III., he has used a no small dose of that drug, wherefore we have altogether omitted it. 207 BOOK II. 22. Alfred's Marriage. The episode of Alfred's love, which our author has intro- duced in his history, and which there forms the sixth book, seems not at all to be founded upon history, which he acknowledges himself, pretending that tradition alone has preserved its memory in an ancient song, entitled " Edgar and Emma." All our researches in the British Museum, and other libraries, to discover the authenticity of that son^, were fruitless. We will, however, not therefore accuse it of being a mere fiction, although it seems that Haller wished to render his book interesting to the Germans by that episode. His purpose was probably to make his serious doctrines more popular, by giving them a romantic drapery, which he owns himself in his preface. We know not whether such a system is applicable in this country, as the English may be con- sidered as complete professors of gravity, and masters in the art de s'ennuyer. They all like to read that — ivhicJi is in their line; but even in spite of this custom, Walter Scott, Bulwer, and other authors, have succeeded in using his- torical canvasses for romantic tales. With respect to Alfred's marriage, history relates, that although Alfred was a very good husband, and Elswitha a very honourable lady, their marriage was not one of passion- ate love, but rather a political calculation of his mother Osburga, who probably, like Rachel in the Holy Writ, wished that her son Alfred might take a wife out of her own coun- try, Mercia. Among the noblemen of that province was a namesake of the West-Saxon king, Ethelred, alderman of the Ganii, surnamed from his size," Mickle," or " the Big." The wife of this Ethelred was Edburga, descended from the Mercian royal family, and probably a relative of Osburga. But Edburga, unlike the former queen of that name, who disgraced her family and rank, was a virtuous, and, in the language of Asser, who saw her a few years before her death, 208 NOTES, COMMENTAEIES, ETC. " a venerable lady, who survived her husband, and passed the remainder of her life in widowhood." This lady, by Ethelred, had a daughter named Elswitha, whom Alfred now asked and obtained in marriage. The union was a happy one, as has been inferred by Turner, from the earnestness with which Alfred, in his translation of Boethius, speaks on the subject of connubial affection. 23. License of Poetical Fiction. Although unlikely that ladies of the highest rank should deign to look down upon common servants, this impro- bability has often been made use of in poetical fiction, and still oftener greatly abused. This privilege has but lately been so far extended by Victor Hugo, in his drama of " Ruy Bias," as to let a queen fall in love with a livery servant. The absurdity of the exaggeration is, however, from the great skill of the author, scarcely perceived by the audience, during the performance of the drama. 24. Hunting and Falconry. Asser thus describes the arts of hunting and falconry among the laborious pursuits of Alfred : — " The Saxons brought with them, out of Germany, a strong liking for the pleasures and dangers of the chase : hunting was held to be a necessary part of a liberal education; it inured the Saxon youth to hardihood, made them active, patient of toil, and prompt to extricate themselves from the dangers into which a headlong pursuit after the wild beasts of the forest might lead them. The king had been bred up from his boyhood to this exercise, and continued to practise it, and to encourage it among his subjects, as a means of raising their manly cou- rage, whilst it added to the state and magnificence of his own court. "It may be added, that the breed of English dogs has been remarkable from the days of Neniesian and Oppian : and was not likely to have escaped the attention of the observant king. The extensive marshes also, and the inundations which so frequently deluged the plains on the banks of the English rivers, furnished great temptations and facilities for the successful prosecution of falconry." 209 BOOK III. 25. Alfred" s firmness undaunted. England had enjoyed comparative tranquillity during fifteen years, namely, from 878 to 893 ; and the reign of Alfred may be divided into three periods, according to the varied character of the events which predominated at diffe- rent times. The first period comprehends seven years, from his accession to the throne in 871, to his defeat at Chippen- ham, and expulsion from his throne in 878. This part of his life is diversified by few occurrences, which were thought worthy to be transmitted to posterity, though it comprises the two last attempts which the Danes made to reduce Wessex to the state of servitude, in which the rest of the island was bound. The short and decisive campaign, which first threw this able wrestler, and afterwards raised him from his fall stronger and more vigorous than before, may be looked on as one of those tests, by which superior talents occasionally are tried. It was a necessary discipline for the king's mind ; for a king must not engross himself too deeply in the arts of peace alone; or devote the whole of his time to learning and religion. If then Alfred had sunk under the trial to which his firmness was exposed in 878, if he had fled to a safer home, and left his kingdom a prey to the bar- barians, his name would have come down to us, not as the focus of glories that will ever dazzle the eye and fill the mind of those who contemplate them, but as the worthy contem- porary and equal of Burrhed, king of Mereia, and other kings, who in the age immediately preceding that of Alfred, made no scruple to abandon the high and useful stations in which Providence had placed them. 26. A few Remarks on Juries. Our author's remarks on the jurymen should the more be appreciated, since this manner of administering justice 210 NOTES, COMMENTAKIES, ETC. has, in the present century been, and will still more be intro- duced throughout the whole of Europe, as it has already- been in the United States, France, the Rhenish-Prussian provinces, and other states ; but we fear that it will in reality, in some of those countries, be no improvement of true jus- tice ; for neither the character of the French, nor that of the Germans, are fitted for it. No objection can be made to the publicity given to such trials, as that prevents any of those abuses which took place under the arbitrary manner in which judgments were previously given in other countries, and principally under the Spanish Inquisition, under the tribunal of Venice, and even in France, whereof the unfor- tunate fate of Jean Calas is a sad example, without calcu- lating the many abuses of lettres de cachet, &c. But the foundation of justice, which is impregnated in all English hearts, their coolness and moderation, even when not favoured with a sufficient scientific education, cannot be found in any other nation ; and to that it may be attributed, that these institutions, created since so many centuries, are still pre- served, without having undergone any reform. But, like a worn-out coat, all things that have remained unaltered during so long a period, require some repairs. We think that some reforms are necessary, as judges, accu- sers, and defendants, as well as juries, deviate from the functions they were originally intended to fulfil. The accuser endeavours to make an impression by his acuteness, whereby he composes, through evidence, sus- picion, and probability, an ensemble, intended to awe the defendant, whilst he should only give a simple narrative of the facts, without any comment on his part. The judge who, in former times, was only the leader of the transaction, endeavours, from ambition, to acquire popu- larity and fame, by seeming impartiality, but considering his own opinions and views as supreme as his power, he imparts them to the jury, whilst he should strictly keep to the letter of the law. Sometimes he is too severe, sometimes too mild; but the jury almost always feel, by various means, his preponderance, which often breaks out — not in expound- ing the law — but in jokes and sarcasms. The defender who, in former times, sought to affect the judges by his eloquence, now looks upon that means with contempt, and does not take the trouble to prove the greater or lesser extent of the crime imputed to the culprit, but merely to detect some technical flaw in the indictment. The jurors, who are not acquainted with the law, and not BOOK III. 211 guided by a regular code, judge according to their own impression; they consider far too much the tranquillity of society, and the necessity of warning examples, as to weigh scrupulously the arguments for guilt or innocence, thinking it sometimes their duty to be severe, and at others the reverse. Thus the punishments are generally more severe and cruel in England than in other civilized countries, without the situation of society being thereby improved. It were quite superfluous for us to cite examples of what we assert ; the record of the judgments given during the last epochs is an ample proof. 27. Anglo-Saxon Legislation before Alfred and Alfred's Code. The Saxon laws of Ethelbert, Ina, Withred, and Offa, which formed the Anglo-Saxon legislation previous to Alfred's time, were few and imperfect. Ninety short sen- tences contain all that has been preserved of the laws of Ethelbert, King of Kent. Sixteen sentences contain the Dooms of his successors, Lothaire and Edric : and twenty sentences comprise all the laws that have survived of Withred, another king of the same province. The subjects to which these ordinances apply are a few of the most obvious injuries that occur in a simple state of society. It is remarkable, that almost every crime, from murder to the smallest petty larceny, had its value, and might be compensated by the payment of a sum of money. Another celebrated legislator was Ina, King of the West- Saxons, a few pages of whose laws have also been preserved. It must not, however, be omitted, that the laws of Ina have come down to us not in a separate and independent form, but appended to those of Alfred, to whose care in collecting and preserving the ancient jurisprudence of his country, we are indebted for all that we now know of the subject. As the West- Saxons owed their principal code of laws to Ina, so was Offa, the legislator of the Mercians ; but his laws have not been preserved ; and if in later times Alfred published a separate collection for the use of Mereia, with* the laws of Offa annexed, as those of Ina were attached to the laws of Wessex, that collection also has either perished, or has not yet been discovered. It might be expected that the laws of a people, emergim:, under the auspices of the Church, from barbarism, would be strongly tinged with the opinions of the clerks who compiled them. In fact, the whole of these legislative codes are based upon the autho- 212 NOTES, COMMENTARIES, ETC. rity of the Scriptures and of the Church. The first ordi- nance of Ethelbert enacts, that the abstraction of any property belonging to God or to the Church shall be com- pensated for by twelve times its value. Alfred's laws were founded upon the Apostolic Council held in Jerusalem, and upon the Constitution gradually collected by the Church since the time of the Apostles. The code of Alfred, which is contained in Thorpe's " Ancient Laws," Yol. I. p. 59, and the former ones from p. 1 to 43, and from p. 102 to 151, are as follow: — " Wherefore I, Alfred, king, gathered these together, and commanded many of those to be written which our fore- fathers held, those which to me seemed good ; and many of those which seemed to me not good, I rejected, by the coun- sel of my ' witan' [parliament,] and in other wise com- manded them to be holden ; for I durst not venture to set down in writing much of my own ; for it was unknown to me what of it would please those who should come after us. But those things which I met with, either of the days of Ina my kinsman, or of Offa, king of the Mercians, or of Ethel- bert, who first among the English race received baptism, those which seemed to me the rightest, those I have here gathered together, and rejected the others. I, then, Alfred, king of the West- Saxons, showed these to all my witan, and they then said that it seemed good to them all to be holden." The nature of all the laws in Alfred's code is peculiar and striking to our present notions. The principle of compen- sation for offences, of values attached to different ranks, and of taking sanctuary in the Church until the compensation could be assessed, engendered a complicated system, which ramified into almost as many precedents as there were cases. An instance or two of these laws will set this in a stronger light. " If any one, for whatever crime, flee to any of the mins- ter-hams, &c„ let him have three days to protect himself, unless he is willing to come to terms. If during this space any one harm him by blow or by bond, or wound him, let him make compensation, &c, for each of these, according to regular usage, &c. &c, and to the brotherhood, 120 shillings as compensation for the church-frith [breach of church privilege,'] &c." "If a man be born dumb or deaf, so that he cannot acknowledge or confess his offences, let his father make com- pensation for his misdeeds." " If a man, kinless of paternal relatives, fight, and slay a BOOK III. 213 man ; then if he have maternal relatives, let them pay a third of the ' Aver,' {fine or compensation-money-^] his guild- brethren another third, and for a third let him See. If he have no maternal relatives, let his guild-brethren pay half, and for the other half let him flee." The law concerning 'boc-lands' seems to show that a species of entail existed as early as the days of Alfred. " The man who has boc-land," — i. e. land held by deeds or writings, — " and which his kindred left him, we ordain that he must not give it from his kinsfolk ; if there be wri- ting or witness that it was forbidden by those men who at first acquired it, and by those who gave it to him, that he should do so ; and then let that be declared in the presence of the king and of the bishop, before his kinsmen." The laws of Ina, adopted by Alfred for his own, are of the same general character ; the following examples may suffice : — " Let a child, within thirty days, be baptized. If it be not so, let him make compensation with thirty shillings; but, if it die without baptism, let him make compensation for it with all that he has." " If any one be guilty of death, and he flee to a church, let him have his life, and make compensation as the law may direct him. If any one put his hide in peril, and flee to a church, let the scourging be forgiven him." " If any one steal, so that his wife and his children know it not, let him pay sixty shillings, as compensation ; but if he steal with the knowledge of all his household, let them all go into slavery. A boy of ten years may be privy to a theft." It is manifest that such laws as these belong to an infant state of things, and can be of no other use in the present day than as illustrating the steps by which legislation has progressed from its first simple elements, to the long and laborious Acts of Parliament by which our existing society is regulated. It is of more importance to the character of Alfred, that the laws, such as they were in his time, were equitably administered. In every country and in every age, those who possess wealth and influence insensibly form themselves into a caste, from which they endeavour to exclude those who have fewer advantages than themselves. Almost all the revolutions which have afflicted the world, have arisen out of the difficulty of adjusting rights between the higher and lower classes of society. It is to be believed, for the 214 NOTES, COMMENTARIES, ETC. credit of our nature, that these strifes would have been pre- vented, if the contending parties could have agreed before- hand that each should take charge of the interests of the other. The practice of the truly Christian rule, " to do to others as you would they should do unto you," would sever all the discords which are engendered among mankind. The rich, even those who are most elevated and pampered by their prosperity, have still a spark of kindly feeling towards those who are struggling beneath them, and to whose level they know they themselves, in the vicissitudes of things, are liable to be reduced. On the other hand, the poor in general are unwilling to destroy every thing above them, because, in a moment of accidental prosperity, they may hope to rise to a higher position, and to enjoy a larger portion of the goods of life. If reason could usurp her rights over the minds of men, many of the evils which spring from the collision of classes would vanish. But man is mostly sub- ject to the dictates, not of reason, but of passion, and that which reason would have guided into the harbour of safety, becomes, under the conduct of passion, an entangled maze, out of which nothing but just and equitable laws can extri- cate mankind. In the civil wars, which so long afflicted England in the time of Alfred, the nobles had attained to such a pitch of lawlessness and self-will, that the rights of their inferiors were little respected, and the courts of jus- tice, if not entirely suppressed, were merely legalized forms of injustice, which, dictated from the mouth of ignorance, were carried into effect by the hand of oppression. To remedy this evil was the principal aim and the highest glory of Alfred. He who pronounces a just sentence, unbiassed by the frowns of power or the allurements of favour, exalts himself above his equals, and commands the respect of man- kind. " The poor," says Asser, — and the poor in those days comprehended probably every one but the king, the nobles, and the church, — " had no other protector but the king." What a comprehensive and magnificient idea of kingly power is compressed into that sentence ! With what eager- ness will all men strive to defend the throne, which is built upon such a basis, the basis of equally administering jus- tice, and of protecting those who are unable to protect themselves! The king's courts, in those times, were more properly so called than at present. The sovereign himself, like the eastern caliphs, often administered justice in person : Alfred certainly did so ; and Asser records to his praise, that he BOOK III. 215 strove, in his own judgments, to hold the scales of justice even between all his subjects, whether noble or ignoble. At the courts held by his earls and prefects, the most unbe- coming quarrels often arose : the suitors seldom acquiesced in the sentence which those officers pronounced ; and sought with the greatest eagerness to carry their causes before the king himself. "If any one," continues Asser, "was con- scious of injustice on his side in the suit, though by law and agreement he was compelled, however reluctant, to go before the king, yet with his own good will he never would consent to go. For he knew that in the king's presence no part of his wrong would be hidden ; and no wonder, for the king was a most acute investigator in passing sentence, as he was in all other things. He inquired into almost all the judg- ments which were given in his own absence, throughout all his dominions, whether they were just or unjust. If he per- ceived there was iniquity in those judgments, he summoned the judges, either through his own agency, or through others of his faithful servants, and asked them mildly, why they had judged so unjustly; whether through ignorance or malevolence ; i. e. whether for the love or fear of any one, or hatred of others ; or perhaps for the desire of money. At length, if the judges acknowledged they had given judgment because they knew no better, he discreetly and moderately reproved their inexperience and folly in such terms as these : ; I wonder truly at your insolence, that, whereas, by God's favour and mine, you have occupied the rank and office of the wise, you have neglected the studies and labours of the wise : either, therefore, at once give up the discharge of the temporal duties which you hold, or endeavour more zealously to study the lessons of wisdom. Such are my commands.' At these words the earls and pre- fects would tremble, and endeavour to turn all their thoughts to the study of j ustice, so that, wonderful to say, almost all his earls, prefects, and officers, though unlearned from their cradles, were sedulously bent upon acquiring learning, choosing rather laboriously to acquire the knowledge of a new discipline, than to resign their functions." 28. Division of England into Counties, 8fC Alfred, for the better administration of justice, first di- vided the kingdom into counties, each of which was sub- divided into hundreds, and each hundred into tithings. We find no trace of this in the earlier chronicles, and it is un- likely that Asser would have overlooked so important an 216 NOTES, COMMENTAKIES, ETC. institution, if it had been introduced by the policy of Alfred. It is another strong argument against the theory* that several of the English counties occur in the chronicles long before the time of Alfred : others were evidently carved out of the ruins of the Heptarchy : and all of them came into existence at different times, according to the various circumstances which gave them birth. A striking instance in support of this theory is, that during the whole reign of Alfred, the counties of Norfolk and Suffolk were still undivided, and both formed the kingdom of East-Anglia, whilst the whole of Mercia, or at least the greater part of it, became one large earldom, the several counties, into which it was afterwards parcelled, not being yet in existence. But, although several of the English counties are cer- tainly older than the time of Alfred, we must not altogether hastily dismiss the express statement of Ingulf, who is a very respectable chronicler, where he is not misled by the charters of his own monastery. "The king," says he, "wish- ing to check and restrain robbers, was the first who changed the districts and provinces of England into counties." We may perhaps reasonably infer, that though not the original author of the division into counties, yet the king availed himself of that division to promote his own views, and per- haps arranged the administration of these counties on a more regular and systematic plan than before. Whatever change he wrought in the counties themselves, it is less a matter of doubt that their subdivision into hun- dreds, and of hundreds into tithings, is one of the features of his administration. Both Ingulf and Malmesbury agree in this statement. The words of the latter may be quoted on this subject : — " Amid the sound of trumpets and the din of war, Alfred enacted statutes by which his people might equally familiarize themselves to religious worship and to military discipline. And since, from the example of the barbarians, the natives themselves began to lust after rapine, insomuch that there was no safe intercourse without a mili- tary guard, he appointed centuries, which they call 'Hun- dreds,' and decennaries, or 'Tithings,' so that every Eng- lishman, living according to law, should be a member of both." The custody of each province had been formerly in the care of the earl or alderman, who had under him an assistant officer, called prcefectus, or vicedominus. These officers united the political with the judicial functions. This ano- maly was soon detected by Alfred, who separated their duties, BOOK III. 217 and appointed judges, or, as they were called in Ingulfs time, "justices," to decide causes; whilst the sheriffs, as the other officers were named, continued to exercise the duties which properly belonged to them. Springing out of the civil division of the county into hundreds and tithings, is another institution, that of Frank- pledge, as it is generally called, which has been ascribed to Alfred, not by any of the earlier chroniclers, but by Ingulf and Malmesbury, from whom succeeding writers have mostly copied. "If any one was accused of any crime, he was obliged immediately to produce persons from the hundred and tithing to become his surety ; and if any one was unable to find a surety, he had cause to dread the severity of the law. If any one who was impleaded made his escape, either before or after he had found a surety, all persons of the hundred and tithing paid a fine to the king." 29. Burgraves. Our German author has made use of this expression, which we have adopted, and we must acknowledge our un- certainty whether these functions were among those called prcefectus, or vicedominus, which however we do not believe, because the etymology of that word is composed of the German words burg, castle or burg, and graf, earl or count, who, when engaged in lower functions, is also called castellan; but he is then only a steward, or major domo, and not a noble- man. The word burgrave, as used by Haller, seems to us to imply governor of a castle or district. 30. Golden Bracelets hung on Trees. Nearly similar acts are recorded of King Edwin ; also of Frothi, King of Denmark; of Rollo, Duke of Nor- mandy ; and of Briant, King of Munster. 31. Ignorance of the Nobdity. It sometimes happened that Alfred's earls and prefects were too old or of too dense intellect to begin learning to read. In such a case, Alfred took their sons, or some more distant kinsman, whom he instructed to read to them ; or if no other person could be found, he made one of his own men, whom he had brought up to reading, undertake the office of teacher, and recite Saxon books before the ignorant noblemen, whenever they could find time for so doing. The result of this useful but to us rather humorous process was, that the nobles, in the words of Asser, " lamented with L 218 NOTES, COMMENTARIES, ETC. deep sighs, in their inmost hearts, that in their youth they had never attended to such studies ; and they blessed the young men of our days, who happily could be instructed in the liberal arts, whilst they execrated their own lot, that they had not learned these things in their youth, and now, when they were old, though wishing to learn, they were unable." The ignorance and other deficiences of Alfred's judges were, however, leniently dealt with, in comparison with the punishment which the king inflicted on partiality and wilful injustice. His severity on this head has been recorded in general terms by Asser; but we learn from a work, called the "Miroir des Justices," (originally written in Norman-French by Andrew Home, in the reign of Edward II., and translated into English in 1646,) that per- version of justice met with no connivance from this inflex- ibly upright king. " He hanged Cadwine, because he con- demned Hachwy to death, without the assent of all the jurors, in a case where he put himself upon the jury of twelve men ; and because Cadwine removed three who wished to save him against the nine, for three others into whose jury this Hachwy did not put himself." " He hanged Markes because he adjudged During to death by twelve men not sworn." " He hanged Freberne, because he adjudged Harpin to death when the jurors were in doubt about their verdict; for when in doubt, we ought rather to save than condemn." In all, the author of the " Miroir des Justices," has recorded forty-four cases of punishment, more or less severe, which Alfred inflicted on those who had perverted the inte- grity of the judgment-seat. Could Alfred return, after a lapse of a thousand years, upon our earth, and behold his simple and mild laws changed and confused, their administration misled, and so many abuses from the tools of their execution — the attorneys — would he find hemp enough in England to punish them ? 32. Abuse of the Confessions of and suspicion on, a Culprit Haller departs here from the point of the general German country laws, founded upon the ancient Roman laws ; ac- cording to which, the accused was forced to confess his crime; and it was seldom a culprit suffered capital punish- ment without previously making such a confession. This was sometimes wrung from him by torture; but even after the torture was abolished, the same system of justice was BOOK III. 219 mostly adopted. A hardened criminal has often endea- voured to escape the insidious question by obstinate denial; therefore the judge could not condemn him without a well- proved evidence, and that real, clear, and beyond doubt; but not such as is sometimes called evidence in England, where the general accuser collects five or six probabilities, or other suspicions, and pronounces them a full and incon- testable evidence, so that the audience, who ought to be con- vinced, as well as the jury, of the innocence or guilt of the accused, are not aware, five minutes before the verdict is given, whether he will be declared guilty or not guilty. 33. Alfred's absolute Power. When we consider the different occupations with which the busy mind of Alfred was continually engrossed, the question naturally occurs, how he could find time for accomplishing so many things. It may be admitted, that he possessed external advantages which had fallen to the lot of none of his predecessors, but these advantages were all of his own acquirement, and therefore, so far from explaining, they rather add to the credit of his achievements. As he prevailed in a war, which had destroyed all the other king- doms of the heptarchy, there were no surviving rights of any one, against whom he could be a trespasser. And, as there is no authority more complete than that which fol- lows conquest by the sword, so Alfred, having wrested the land which he ruled out of the hands of an enemy, found his authority unbounded, except by the limits of the island itself; and the tenure by which he held it was, in fact, the law of his own will. He was, consequently, not only greater than any of his predecessors, but possessed absolute power, if he thought proper to use it. If, however, he was checked by a sense of what was due to his subjects, and modified his own authority by enacting wise and equal laws, it is a subject for panegyric, and leaves his fame brighter than it otherwise would have been ; for such a mode of administering the kingly authority, so far from enslaving Alfred, made him more truly powerful, and gave him the good will of his people, which was the ablest instrument he could employ for the accomplishment of his great and useful ends. 34. Catholic Liturgy read in Latin. Now, after a thousand years, the Liturgy of the Catho- lic service is still read in Latin; and if the gothic building of the church, with the sound of instruments and voices l2 220 NOTES, COMMENTARIES, ETC, elevate the soul, the manner in which the Liturgy is spoken paralyzes the effect ; and the mere babbling of words, not understood by the congregation, reduces it to a mere form. 35. Alfred's Co-adjutors in Instruction. Of the difficulties which lay in Alfred's path, when he at last saw peace restored, and the opportunity which he had so long desired at last offered, for improving the people whom he was called upon to govern, the isolated position, in which he stood, was by far the most formidable. Since the death of his brothers, he stood alone in the world, and was removed as far above his subjects in the qualities of the mind, as by the regal authority which he held. When he was a boy, he could not find teachers to direct his own studies, and now that he possessed the power to promote the reforms which he meditated, and to improve the social and political condition of his subjects, he had difficulty in finding persons to co-operate with him in this laudable work. This was his first endeavour, which he took every opportunity of promoting, " To procure," as Asser tells us, " coadjutors in his good designs, to aid him in his strivings after wisdom, that he might attain to what he aimed at ; and therefore, like a prudent bird, which, rising in summer with the early morning from her beloved nest, steers her rapid flight through the uncertain tracks of aether, and descends on the manifold and various flowers of grasses, herbs, and shrubs, essaying that which pleases most, that she may bear it to her home ; so did he direct his eyes afar, and seek without that which he had not within, namely, in his own kingdom." It was from Mercia, principally, that Alfred obtained the assistance which he sought. "As some encouragement to his benevolent intentions," continues the biographer, " God, listening to his complaint, sent certain lights to illuminate him, namely, Werfrith, Bishop of the church of Worcester, a man well versed in the Divine Scriptures, who, by the king's command, first turned the books of the dialogues of Pope Gregory, and Peter, his disciple, from Latin into Saxon; and, sometimes, putting sense for sense, interpreted them with clearness and elegance. After him was Pleg- mund, a Mercian by birth, Archbishop of the Church of Canterbury, a venerable man, and endowed with wisdom ; with whom came Ethelstan and Werwolf, his priests and chaplains, Mercians by birth, and men of erudition. These four had been invited out of Mercia by King Alfred, who BOOK III. 221 exalted them with many honours and powers in the king- dom of the West- Saxons, besides the privileges which Arch- bishop Plegmund and Bishop Werfrith enjoyed in Mercia. By their teaching and wisdom the king's desires increased unceasingly, and were daily gratified. Night and day, whenever he had leisure, he commanded such men as these to read books to him : for he never suffered himself to be without one of them, wherefore he possessed a knowledge of every book, though of himself he could not yet understand anything of books, for he had not yet learned to read. 1 ' But it would seem that Mercia could not supply a suffi- cient number of ecclesiastics and teachers to gratify the "commendable avarice" of the king; the continent of Europe was searched to increase the number ; " he sent messengers to procure teachers out of Gaul, and invited from thence Grimbald, priest and monk, a venerable man, and a good singer, adorned with every kind of ecclesiastical discipline and good morals, and most learned in Holy Scripture. He also obtained from thence John, also a priest and monk, a man of most energetic talents, learned in all kinds of literary science, and skilled in many other arts. By the teaching of these men the king's mind was greatly enlarged, and he, in return, gave them much riches, and honoured them with much influence." The ecclesiastics, whom Alfred thus in- vited from abroad, were men who had obtained a high repu- tation for learning in their own country. John of Corvey, in Old Saxony, was the priest and monk so famous both in literature and science, and Grimbald was Provost of St. Omer's, in France. To procure the grant of his services from his ecclesiastical superior, Fulk, Archbishop of Rheims, without whose consent he could not leave France, Alfred despatched an embassy, consisting of several bishops and others, ecclesiastics and laymen. The ambassadors bore with them large presents for the archbishop, and pledged themselves in their master's name, that Grimbald should be well received and highly honoured in England as long as he lived. Fulk, the archbishop, wrote back a letter to Alfred, in which he signified his assent to the king's request, though the loss of the eminent scholar would give much pain to himself. Asser was a native of Wales, or, as he calls it, Western Britain, and was now invited by the king to take up his residence in Saxony.* Accordingly, he traversed the many intervening provinces which lay in his road, and, under the * Vide note, p. 237. 222 NOTES, COMMENTARIES, ETC. guidance of some Saxons, who had no doubt been sent to escort him, he came into Sussex, and first saw the king at the royal villa of Dene. His reception by Alfred, and the sequel of their interview, shall be told in Asser's own words. " He received me with kindness, and, among other familiar conversation, he asked me eagerly to devote myself to his service and become his friend, to leave everything I pos- sessed on the left or western bank of the Severn, and he promised to give me more than an equivalent for it in his own dominions. I replied, that I could not incautiously and rashly promise such things ; for it seemed to me unjust, that I should leave those sacred places in which I had been bred, educated, crowned,* and at last ordained, for the sake of any earthly honour and power, unless I was compelled to do so. Upon which he said, ' If you cannot accede to this, at least let me have your service in part : spend six months of the year with me here, and the other six in Britain.' To this I replied, that I could not even promise that too easily or hastily, without the advice of my friends. At length, how- ever, when I perceived that he was anxious for my services, though I knew not why, I promised him that, if my life was spared, I would return to him after six months, with such a reply as should be agreeable to him, as well as advantageous to me and mine. With this answer he was satisfied, and, when I had given him a pledge to return at the appointed time, on the fourth day we left him, and returned on horse- back towards our own country." Asser tells afterwards that a violent fever seized him . he made the before-mentioned arrangements, stating in his biography : — " I did as I had promised to the king, and devoted myself to his service, on the condition that I should remain with him six months in every year, either continu- ously, if I should find it possible to spend six months with him at once ; or alternately, three months in Britain, and three in Saxony." Asser further says that he saw Alfred after his sickness : " I was honourably received by him, and remained that time with him at court eight months ; during which I read to him whatever books he liked, and such as he had at hand ; for this is his most usual custom, night and day, in the midst of his many other occupations of mind and body, either him- self to read books, or to listen whilst others read them. And when I frequently asked his leave to depart, and could in no way obtain it, at length, when I had made up my mind by * Received the monastic tonsure. book in. 223 all means to demand it, he called me to him at twilight on Christmas eve, and gave me two letters, in which was a long list of all the things which were in two monasteries, called, in the Saxon tongue, Ambresbury and Banwell; and on that same day he delivered to me those two monasteries, with all the things that were in them, and a silken pall of great value, and a load for a strong man of incense ; adding these words, that he did not give me these trifling presents, because he was unwilling hereafter to give me greater ; for in the course of time he unexpectedly gave me Exeter, with all the diocese which belonged to him in Saxony, and in Cornwall, besides gifts every day, without number, in every kind of worldly wealth, which it would be too long to enu- merate here, lest they should make my readers tired. But let no one suppose that I have mentioned these presents in thisij place for the sake of glory or flattery, or that I may obtain greater honour, I call God to witness that I have not done so; but that I might certify to those who are ig- norant of it, how profuse the king is in giving. He then immediately gave me permission to ride to those two rich monasteries, and afterwards to return to my own country." Besides the eminent scholars whose attendance on Alfred is confirmed by the testimony of Asser, we are told that the celebrated John Erigena, the Scot or Irishman, came with the rest to adorn the court of Alfred. This John had " long since," writes William of Malmesbury, " from the continued tumult of war around him, retired into France to Charles the Bald, at whose request he had translated the Hierarchia of Dionysius the Areopagite, word for word, out of the Greek into Latin. He composed a book also, which he entitled, 'On the Division of Nature,' an extremely useful work for solving certain perplexing but necessary questions, if we only pardon his having deviated a little in some things from the doctrines of the Latins, out of too great attention to the Greeks." 36. Pretended Tyranny and Faults of Alfred. An ancient Life of Saint Neot, a kinsman of Alfred, exists in Saxon, which alludes, though vaguely, to some impropriety in the king's conduct. It says, that Neot chided him with many words, and spoke to him prophetically : — "O king, much shalt thou suffer in this life; hereafter so much distress thou shalt abide, that no man's tongue may say it all. Now, loved child, hear me if thou wilt, and turn thy heart to my counsel : depart entirely from thine un- 224 NOTES, COMMENTAKIES, ETC. righteousness, and thy sins with alms redeem, and with tears abolish." Another ancient MS. Life of St. Neot is somewhat stronger in its expressions of reproach. It states, " that Neot, re- proving his bad actions, commanded him to amend ; that Alfred, not having wholly followed the rule of reigning justly, pursued the way of depravity: that one day when the king came, Neot sharply reproached him for the wicked- ness of his tyranny, and the proud austerity of his govern- ment." It declares that Neot foresaw and fortold his mis- fortunes. " Why do you glory in your misconduct ? Why are you powerful but in iniquity ? you have been exalted, but you shall not continue ; you shall be bruised like the ears of wheat. Where then will be your pride ? If that is not yet excluded from you, it soon shall be. You shall be deprived of that very sovereignty, of whose vain splendour you are so extravagantly arrogant." It is in full conformity with these lines of Neot, that those others written by Ramsay in the twelfth century expresses also depravities of Alfred. The life composed in prose states, that Neot chided him severely for his iniquitous conduct. " You shall be deprived of that kingdom in which you are swelling ; in which you are so violently exercising an immoderate tyranny. But, if you withdraw yourself from your cruel vices and inordinate passions, you shall find mercy." The same author's biography, in Latin verse, reproaches the king's conduct as " dissolute, cruel, proud, and severe." It adds, that the king promised to correct himself, but did not ; but only added to his misdeeds, and became worse ; that Neot again reproved him for " wandering in depraved manners, 7 and announced his impending calamities. The same ideas are repeated in the fourteenth century by Matthew of Westminster, in his history, in phrases like those of Ramsay ; and John of Tinmouth, about the same period, reiterates the charge in the language of the Claudius MS. Another writer of a Chronicle, Wallingford, asserts " that Alfred, in the beginning of his reign, indulged in luxury and vice; and that the amendment of his conduct was^a consequence of his adversity." Our love for truth compelled us not to omit the preced- ing quotation from St. Neot, on the tyranny and faults of Alfred. The assertions against the character of Alfred were intemperance, voluptuousness, and tyranny. These faults are not completely denied, even by Asser, who expresses book in. 225 himself on the occasion of the sudden downfal of the king, when Guthrum, Osketel, and Amund poured their impetu- ous troops into Wessex, in January 878. " The Almighty not only granted to the same glorious king victories over his enemies, but also permitted him to be harassed by them, to be sunk down by adversities, and depressed by the low estate of his followers, to the end that he might learn that there is one Lord of all things, to whom every knee doth bend, and in whose hand are the hearts of kings ; who puts down the mighty from their seat, and exalteth the humble ; who suffers his servants, when they are elevated and at the summit of prosperity, to be touched by the rod of adversity, that in their humility they may not despair of God's mercy, nor in their prosperity boast of their honours, but may also know, to whom they owe all the things which they possess. " "We may believe that the calamity was brought upon the king aforesaid, because, in the beginning of his reign, when he was a youth, and influenced by youthful feelings, he would not listen to the petitions which his subjects made to him for help in their necessities, or for relief from those who oppressed them ; but he repulsed them from him, and paid no heed to their requests. This particular gave much an- noyance to the holy man, St. Neot, who was his relation, and often foretold to him, in the spirit of prophecy, that he would suffer great adversity on this account ; but Alfred neither attended to the reproof of the man of God, nor listened to his true prediction. Wherefore, seeing that a man's sins must be corrected either in this world or the next, the true and righteous Judge was willing that his sin should not go unpunished in this world, to the end that He might spare him in the world to come. From this cause, therefore, the aforesaid Alfred often fell into such great misery, that some- times none of his subjects knew where he was, or what had become of him." 37. Controversies concerning Oxford University. Historians do not agree in their assertions as to whe- ther a university, or public seminary of learning, existed in the days of Alfred, because Asi-er attaches the word "school" to these institutions ; and a violent controversy once dis- tracted the literary world concerning the sense in which the word was to be understood, and whether it was not the beginning or origin of a learned institution still existing. Asser speaks of the schools wherein the sons of the nobility were brought up, like Alfred's sons, in the royal household; l3 226 NOTES, COMMENTARIES, ETC. and some learned men adduced these expressions of Asser as militating against the notion that a university, or seminary of public learning, existed in the days of Alfred. Though it is most probable that the several monasteries, and other, societies of monks and churchmen, would employ a portion of their idle time in teaching youth, and prosecuting their own studies; yet there is no proof that an authorized seat of learning, such as the Universities of Oxford or Cambridge, existed in England until many hundred years after the time of Alfred. Yet an attempt was made in the sixteenth century to prove, on the one side, that Cambridge had been founded by Sigebert, King of East-Anglia: and on the other, that the University of Oxford was in full operation in the time of Alfred, who himself went thither to settle one of the religious and literary controversies, which have so often disturbed its tranquillity. Our space will not allow us to follow the antiquarians in this learned dispute, Ave therefore refer our readers to Dr. Giles' work, already mentioned. 38. Vide Note 9. 39. Alfred's Military Skill The system of military defence which Alfred had devised during the interval of peace was now fully tested and its utility developed. The strong position which he had taken up separated the two bodies of the Danes, and prevented their acting in concert. The citizens, also, of the different towns no longer fell an easy prey to those who attacked them, but took measures in their own defence, and even ventured to pursue their aggressors. The wisdom of the king's arrange- ment, by which his army was divided into two parts, so as to relieve one another, now became apparent. Besides the garrisons of the towns, an effective army was always in the field, and the others who, at the end of six months, were to succeed them, were in the meantime occupied in cultivating their lands at home. The Danes' forces, we learn, " did not venture out of their camps with their whole force more than twice ; once when they first came to land, before Alfred's forces were assembled ; and a second time, when they at- tempted to leave their stations" 40. Sovereignty of the Seas. The " Sovereignty of the Seas, " a purpose pursued since Alfred's time by all British rulers, has perhaps con- book in. 227 tributed considerably towards the actual grandeur of Great Britain ; but at the same time it has led to many bloody wars; and when we consider the law of nations, England has no more right to the dominion of the seas than any other nation on the surface of the globe, or than a conqueror who invades another country, like the Danes in England. To the pre- sent century was destined the glory of returning to more moderate principles, and of willingly giving up a portion of the usurped rights for her own welfare, as well a-s that of other nations, whereby England will doubtless nourish more than by the old system adopted for so many centuries, when she was constantly at war with all other maritime powers, for which a sufficient pretence was found in the least imaginary umbrage given to England's " Sovereignty of the Seas." 41. Alfred's Artistical and Professional Co-adjutors. We have already mentioned, in Note 35, the names of eminent ecclesiastics whom Alfred invited to his court, and who assisted him in the execution of his great purposes of instructing others as future teachers for his institutions. But none of the names of those artists or professional men, whom Alfred likewise invited to his shores, have come down to us. It has, however, been amply proved that he was the most skilful artist of his time, having, according to Spelman, made himself the royal crown. We may accordingly presume him to have been equally versed in other arts. 41a. Alfred's Officers. The names of several of Alfred's officers have been recorded ; some of them having obtained distinctions, like Odun, Alderman of Devonshire, for their victories over the enemy. The division of the kingdom into counties, for military purposes, begins more fully to display itself: thus we read of Ethelelm, the Earl or Alderman of Wiltshire ; Bertwolf, Duke or Earl (for the titles have the same mean- ing) of Essex; Edwolf, the king's minister, in Sussex; Earl Ceolmund, in Kent; Edred, Duke of Devonshire, probably successor to the brave Odun, and several others. 42. Parliament in Alfred's time. We find -no exact indication of those institutions in any of the various works on Alfred and his times; our readers must therefore be satisfied with Haller's authority. That there was a parliament in Alfred's time, wherein the 228 NOTES, COMMENTARIES, ETC. people were admitted, is partly proved by Littleton, and again contested by others, whose opinion on the subject we will notice in a future page. 43. Alfred's severity. All authors agree upon Alfred's wisdom, and his skill as a ruler ; but if Haller speaks of " Moderate Monarchy," it seems to us that such an expression is only applicable to the principles developed in the dialogue between Alfred and his Counsellor, given in the Fifth Book. Alfred was the most absolute monarch that ever sat on England's throne, of which, the condemnation to death of fourty-four judges in one year, is a sufficient proof. The difference between such acts and those of Nero is, that the latter acted thus to oppress the people, and gratify his own improper desires ; while Alfred did it for the good of his people, and in a time when such severe means were absolutely necessary. In the " Miroir des Justices," already mentioned in p. 2 18, the author quotes rolls in the time of King Alfred, and among many other inflictions of the king's love of justice, he mentions several executions, which appear to have been both sum- mary and arbitrary, and, according to our present notions, cruelly severe. It is true, that the minds and habits of every part of society were hi those times so violent, that our esti- mation of the propriety of these judicial severities cannot now be accurately just. But yet, even with this recollection, the capital punishments, with which Alfred is stated to have visited judicial errors, corruptions, incapacity, dishonesty, and violence, which are recorded in the Miroir, strike our moral feeling as coming within the expressions of the " immo- derate tyranny," which he is said to have first exhibited. That Alfred should desire the improvement of his people, was the natural result of his own improving mind. But, if he at first attempted to effect this by violence, and to pre- cipitate, by pitiless exertions of power, that melioration which time and adapted education, laws, example, and in- stitutions, only could produce, he acted with as much real tyranny as if he had shed their blood from the common passions of ordinary despots ; but his motives must not be confounded with theirs : he meant well, though he may have acted in this respect injudiciously. Yet no motive can make crime not criminal. However men may palter with the question to serve temporary purposes, no end justifies bad means. Cruelty and violence are always evils, and tend to produce greater ones than those they are intended to cor- BOOK IV. 229 rect. We may therefore understand from the examples men- tioned bj Home, that even Alfred's better purposes, thus executed, may have attached to the beginning of his reign the charges of tyranny and cruelty, and may have produced the temporary aversion of his people. They could not appreciate his great objects. They saw what they hated. They probably misconceived, for a time, his real character , and by their alienation may have contributed to amend it. Virtue, with- out intending it, will often act viciously from ignorance, prejudice, wrong advice, or undue alarm. Wisdom must unite with virtue to keep it from wrong conduct or deterio- ration; but true wisdom arises from the best human and divine tuition, and the gradual concurrence of experience. Alfred possessed these in the latter part of his life, but in its earlier periods he had not attained them. 44. Prerogatives of Earls. Of this we find no authority in any of the modern or contemporary works on Alfred. BOOK IV. 45. City of London Rebuilt. "In 886," according to Asser, "after the burning of cities and the slaughter of his people, he honourably rebuilt the City of London, and made it again habitable. He gave it into the custody of his son-in-law, Ethelred, Earl of Mercia; for all the Angles and Saxons, who had before been dis- persed everywhere, or were in captivity with the Pagans, voluntarily turned and submitted to his dominion." 46. Reluctance of the Saxons to build Castles. "I will say nothing," relates Asser, "of the castles, which he ordered to be built, but which, being begun late, were never finished, because the hostile troops broke in upon them by land and sea, and, as often happened, these thwart- ers of the royal ordinances repented when it was too late, and blushed at their non-perforinance of his commands. I speak of repentance when it was. too late, on the testimony of Scripture, whereby numberless persons have had cause for too much sorrow after many insidious evils had been wrought. But, though by those means, sad to say, they may be roused to sorrow, and bitterly afflicted by the loss of fathers, wives, children, ministers, servant-men, servant- maids, and furniture and househould-stufF, what is the use 230 NOTES, COMMENTARIES, ETC. of hateful repentance when their kinsmen are dead, and they cannot aid or redeem those who are captive from captivity ? for they are not able even to assist those who have escaped, as they have not wherewith to sustain even their own lives. They repented, therefore, when it was too late, and grieved at their incautious neglect of the king's commands, and they praised the royal wisdom with one voice, and tried with all their power to fulfil what they had before refused, namely, concerning the erection of castles, and other things useful to the whole kingdom." But, whilst the king's ministers neglected to fulfil their master's commands, and preferred, with true Saxon blood, to face their enemies in an open field of battle, rather than retire for safety behind the walls of a fortress, the king him- self zealously discharged such of these duties which came under his own immediate care, and restored the towns and cities, that were dilapidated, to more than their former condition. Spelman seems to have thought that Alfred was the first construct buildings of hewn stones. 47. Foundation of Monasteries. Alfred had ordered that two monasteries should be built, one for monks at Athelney, a place surrounded by im- Eassable marshes and rivers, where no one could enter but y boats, or by a bridge laboriously constructed between two other heights ; at the western end of which bridge was erected a strong tower, of beautiful work, by the king's com- mand; and in this monastery he collected monks of all kinds, from every quarter, and placed them therein. The other monastery, a residence for nuns, was built near the eastern gate of Shaftesbury ; and his daughter, Ethel- giva, was placed in it as abbess. With her many other noble ladies, bound by the rules of the monastic life, dwelt -in that monastery. These two edifices were enriched by the king with much land, as well as personal property. Besides the monasteries of Athelney and Shaftesbury, it appears that Alfred built another religious house at Win- chester, called the " New Minster." Though we find no- thing about its foundation in the earlier Chronicles, yet, as Winchester was the principal city of Wessex, and the place where the king held his court, it may be supposed that no pains or expense were spared to construct it with becoming magnificence. As the foundation of this monastery was only commenced a short time before the death of Alfred, it is BOOK III. 231 described by the historian, William of Malmesbury, as having been designed, rather than built, by this king. It was placed so near the Cathedral, or Old Minster of Win- chester, that the services which were chaunted in the choir of the one could be easily heard by the singing-men who were officiating in the other ; and King Edward is said to have paid a mark of gold to the bishop for every foot of land that he purchased, in order to have sufficient ground for the offices and out-buildings of the monastery. The inconveniences of this great proximity were soon felt by the inhabitants of both those religious nouses, and before the time of Malmesbury the building was destroyed, and the materials removed to the outside of the city, where was built the abbey of Hyde, of which King Alfred has, in con- sequence, often been described as the founder. It has been often vaguely stated by different writers, that Alfred was not only a benefactor to monasteries in general, but also built many new ones : those, however, which we have mentioned are the only ones which can, on good and positive authority, be ascribed to him, though he in a variety of ways made large and valuable gifts to various other religious houses. 48. Revenues of the Church. We will, in a future page, enumerate the gifts of Alfred to the church and monasteries, upon speaking of the divi- sion of his fortune (see Note 56.) Haller's remark upon the wealth of priests is but too well founded, since the whole of Europe, and even a portion of the new world, have suf- fered from their abuses. Even in modern times, and towards the end of the last century, in civilized France, the church having five millions of revenue from tithes, with nearly half the land of the kingdom besides, assigned only £20 a year to the parochial working clergy, while all the rest Avas a prey to the vices of a sinecure and dissolute hierarchy. The landed property in that country was so unequally divided, that one-third of it only was in the hands of the lay common- ality, the churches and the nobles possessing all the rest. In regard of the revenue of the Church of England, compared to that of all other Christian churches, we have a document before us, proving that the clergy of the latter, consisting of 203,728,000 hearers, receive £9,949,000 ; and the clergy of England and Wales, consisting of 6,500,000 hearers, receive £9,459,565, being nearly as much as the expenses of the whole Christianity in all parts of the world. 232 NOTES, COMMENTARIES, ETC. 49. Architectural Works of Alfred. " In his own palaces," says Asser, " farms, and country seats, of which he had a large number, the king set a lau- dable example to his neglected earls and thanes ; his archi- tectural taste was lavishly displayed in the restorations and new creations, which his genius called forth in that depart- ment. These works were doubtlessly well known to his contemporaries, but the details of them have perished, or have never been written. The greatest works of man fall into obscurity, and become utterly unknown, when those who saw them with their own eyes, and were dazzled by their brilliancy, have omitted to record those facts, which alone can preserve the memory of them to posterity. What shall I say," continues Asser, " of the cities and towns which he restored, and of others which he built where none had been before ? of the royal halls and chambers, wonderfully erected, by his command, with stone and wood ? of his royal vills constructed of stone, removed from their old sites, and handsomely rebuilt, by the king's command, in more fitting places?" These palaces are enumerated in a future note, containing a translation of King Alfred's will. 50. Division of the King's Household. The king's household was at all times arranged in three classes. His attendants were most wisely distributed into three companies, so that the first company should be on duty at court for one month, night and day, at the end of which time they returned to their homes, and were relieved by the second company. At the end of the second month, the third company, in the same way, relieved the second, who also returned to their homes, where they spent two months, until their services were again wanted. The third company gave place to the first in the same manner, and also spent two months at home. Such was the threefold division of the companies arranged at all times in the royal house- Spelman expresses himself on this subject as follows: — "I should conjecture that the king, for his more honour- able attendance, took this course in point of royalty and state, there being (as it then stood with the state) very few men of quality fit to stand before a king, who by their for- tunes or dependency were not otherwhere besides engaged; neither was there in those times any great assurance to be had of any man, unless he was one of such condition, whose service, when the kins: was fain to use one month in the BOOK IV. 233 quarter, it was necessary for the commonwealth, that he should remit them the other two months unto their own occasions. Neither used he this course with some of his officers only, (as there are those that understand it to have been a course taken only with those of his guard,) but with all his whole attendance ; neither used he it for a time only, but for his whole life, as Ingulfus expressly tells us ; and I little doubt but that the use at court at this day, of officers and quarter-waiters, had the first beginning even from this invention of the king's." 51. Vide Note 24. 52. Alfred's skill in Jewellery, and description of his Gem. The art of working in gold and silver was a favourite subject for the king's taste and patronage. A beautiful specimen of workmanship occurs in his jewel, which has already been mentioned; and if we are to understand literally his biographer's assertion, that the king himself taught the artist to execute such works as this, it consider- ably augments our respect for the master-mind, which not only entered upon so many different callings, but succeeded so completely in them all. The working in gold and silver must however be interpreted to comprehend a vast extent of art and science. The mere manufacture of a bracelet, or any other ornament of the person, will hardly describe the full operation of this art; the inlaying and setting of pre- cious stones, enamelling in all its branches, and the decora- tive branches of carving and gilding, may all be included in the name, and the introduction or improvement of these elegant embellishments to the residences of the king and his nobles, must have not only improved the taste, but have added to the comforts of his countrymen. "I know not," says Spelman, "why we may not con- jecture, that the king (being by the return of his East- Indian ship stored with many eastern stones, and by his especial industry upon that occasion provided also of workmen) probably fell upon the composing of an imperial crown, which, though not of the form, that by way of dis- tinction we at this day call imperial, yet it was of a more august and imperial form than had been formerly of use in this kingdom. For in the arched room in the cloisters of Westminster Abbey, where the ancient regalia of this king- dom are kept, upon a box, (which is the cabinet to the ancientest crown,) there is (as I am informed) an inscription 234 NOTES, COMMENTARIES, ETC. to this purpose : Hcec est principalior corona cum qua coro- nabantur reges JElfredus, JEdwardus, Sfc. And the crown (which to this purpose were worth the observing) is of a very ancient work, with flowers adorned with stones of some- what a plain setting. This by the inscription appearing to have been made by him, and that when he was become uni- versal king of the Heptarchy ; in which respect, and for the value of the jewels, (then and long after very rare in these parts,) as also for the venerable esteem which (for the original and author) succeeding ages have ever had of it, it seems deservedly to be accounted the most principal crown." The gem formerly worn by King Alfred, and now pre- served in the Ashmolean Museum, Oxford, is made of pure gold, containing coloured stones, cased in a remarkably thick crystal, in perfect preservation, and only looks a little dull and dingy, for the great length of time that has passed over it. The length of the gem is about two inches, and it is about half an inch thick. Round the edge are engraved the words Alfred mec heht gewyrcan, {Alfred had me worked) in pierced gold letters. The narrow end of the gem, at which the first and last words of this inscription meet, is formed into the head of a griffin, the national emblem of the Saxons, having in its mouth a strong gold rivet, to which a chain was doubtlessly attached ; and its flat form indicates that it must have been worn on the breast dependent from the chain that passed round the neck, in a way similar to ornaments which are still worn by kings and queens on state occasions. The back of the gem is quite flat, and ornamented with a flower, wrought in gold, without stones. The front or principal face of the relic is smaller than the back, in consequence of the edge sloping inwards a little all round, so that the words engraved on it do not stand up- right, a contrivance probably adopted for the purpose of giving more effect to the front of the jewel, and making it stand out in stronger relief. The back-ground is composed of a blue stone, on which appears a human figure clothed in the green Saxon military vest or tunic, and girt with a belt, from which a strap for a sword depends towards the left side. The figure is seated on the throne, with a cyne-helm or crown on its head, and on either hand he holds a sceptre, branching out over the shoulders into fleurs de lis. Learned men differ in their opinion : some of them pre- tend that the figure in the gem was a type of Alfred as king; and others assert that it represents Jesus Christ, or St. BOOK III. 235 Cuthbert, patron of King Alfred, who assisted him in dis- tress ; but the opinion of the Rev. Dr. Silver, of St. John's College, Oxford, formerly Anglo-Saxon Professor, seems to have the preponderance. According to his view, the figure was an image of the king himself, and symbolical of his kingly office ; and the two sceptres designate the spiritual and temporal authority which were united in the king's hands. 53. Political Levers of Rulers. We perceive that King Alfred employed one of the first levers of rulers to attain his purposes; and to acquire the services of others, without making any real sacrifice, farther than flattering their ambition. The other lever also used by princes for the same purpose, (and at an equally little expense,) and which Philip II. and other tyrants so effec- tively practiced, is fear — a means which Alfred did not neglect, but which, be it said to his glory, he did not, like so many of his descendants and other sovereigns, abuse. That Alfred knighted his grandson is not astonishing, since the nearest relations of monarchs are always the first distinguished by that dignity. History informs us that queens and empresses generally knighted their favourites ; but of the most distinguished men, not one was ever proud enough to refuse that distinction, even from the hands of a woman. 54. Universal Geni, and Manual Occupations of Princes. Nature very seldom produces geni capable of successfully practising so many different avocations ; but as we possess sufficient examples in ancient and modern history, and especially in Michael Angelo, Goethe, Frederick the Great, Napoleon, &c. of men who cultivated many different sciences, and naturally excelled in some more than in others, we cannot wonder that Alfred was likewise gifted with those qualities. What is, however, most to be admired, and what we seldom find united in such universal geni, is the tranquil- lity of mind that such a man must have possessed, to occupy himself so extensively and regularly with those different branches of arts and sciences ; and practise them under the very clash of weapons, and amidst the troubles and desola- tion spread by constant warfare. The custom that every sovereign should practice one manual occupation, has been preserved in some countries until the end of the last century; the higher sense of that 236 NOTES, COMMENTAKIES, ETC. custom being probably, that they should not forget that they descend from the people ; forming a striking contrast with the usurped expression, that they obtain their power from the grace of God. 55. Alfred's Zeal for Religion. We must remind the reader that Haller was • a philoso- pher, and lived in the time of Voltaire, Rousseau, &c. ; and that the Atheism which reigned on the continent of Europe at that epoch, can alone excuse his expression. Alfred's zeal for religion is described as follows by Dr. Giles:— "For the last hundred and fifty years preceding the reign of Alfred, and following the death of Venerable Bede, a great change, and not for the better, had been gradually passing over the Anglo-Saxon mind. In literature an, in which Bishop Esne, one of the legatees therein mentioned, died. 256 NOTES, COMMENTARIES, ETC. with this witness, declare how I about mine inheritance will after mine day. VII. " First, I give^ to Edward, mine elder son, the lands at Strsetneat,* in Triconshire,i and Heortigtune,* and the book-land all that Leof heah holds, and that land at Carum- tune/ and at Cilfantune,™ and at Burnhamme," and at Wed- mor,° and I am a claimant to the families at Ceodre/ that they him choose on the condition that we ere [formerly] expressed had; with the land at Ciwtune,? and that that thereto belongeth. And I him give the lands at Cantuc- tune/ and at Bedewind,* and at Pefessigge,' and Hysse- burn, K and at Suttune, and at Leodride, w and at Aweltune.^ VIII. " And all the book-lands that I in Cent have, and at the Nether-Hisseburn/ and at Ciseldene,^ give they to Wintanceastre, on the condition that it mine father ere gave, and that mine sundry fee [estate] that I Ecgulf gave in trust at the Nether-Hisseburn. IX. " And the younger mine son- that land at Eadering- tune," and at Dene, 6 and at Meone, c and at Ambresbury, d and at Deone, c and at Stureminster,/ and at Gifle,^ ancl at Cruasrn, A and at Whitchurch,* and at Axanmouth,i and at h. " I give — [the lands," &c] Alfred describes most of the estates which lie devises as "land," but in some places he uses the word "ham." *. Probably Stratton in Cornwall. j. Doubtlessly Cornwall. A-. Perhaps Hardington, in the County of Somerset. /. Carhampton, in the County of Somerset. m, Chilhampton, County of Wilts. n. Burnham, County of Somerset. o. Wedmore, County of Somerset. p. Cheddar, County of Somerset. q. Chewton, County of Somerset. r. Quantock, County of Somerset. s. Beduin, County of Wilts. t. Pewsey, County of Wilts. u. Hussebourne, County of Hants v. Probably Leatherhead, in Surrey. w. Most probably Aulton, in Wilts. x. Nether Hussebourne, in Hants ; which was afterwards given by Edward to the Cathedral at Winchester. y. Chiseldon, or Chistleton, in Wilts. %. Ethel ward. a. Adrington, County of Somerset. b. There are places of this name both in Hants and Wilts, as well as in many other counties. c. East and West-Meon, County of Hants. d. Ambresbury, County of Wilts. e. Down, County of Dorset, or Devon. /. Sturminster, County of Dorset. g. Gidley, County of Devon. k. Crewkerne, County of Somerset. i. Whitchurch, County of Hants. j. Axmouth. book iv. 257 Branscescumbe,* and at Colunitune,* and at Twyford,™ and at Milenburn, w and at Exannrinster, and at Sutheswerthe, and at Liwtune^P and the lands that thereto belong, that are all that I in Weal-district have, except Triconshire. X. " And mine eldest daughter,? the ham at Welewe.*' XL " And the midmost 5 at Cleare/ and at Cendefer." XII. " And the youngest,** the ham at Welig,"' and at iEsctune,* and at Cippanhamme.^ XIII. " And iEthelrne,* mine brother's son, the ham at Ealdingburn, fl and at Cumtune,* and at Crundell, c and at Beading,^ and at Beadinghamme/ and at Burnham,/ and at Thunresfeld/f and at iEsceng.s XIV. " And Athelwolde, A mine brother's son, the ham at Godelming/ and at Gildeford,./ and at Staening.* XV. " And to Osferth my cousin, the ham at Beccanlea/ and Hritheranfeld,™ and at Dicceling, 7 * and at Suthtune, and at Lullingimnsteiy and at Angmaering,? and at Felh- hamme/ and the lands that thereto belong. k. I. Branscomb, and Collumpton, County of Devon. m. Twyford, County of Hants. n. Milbourn, County of Dorset or Somerset. o. Axminster, County of Devon. p. Litten, of which name there is one in Dorset, and one in Somerset. q. Ethelfled. r. Wellow, County of Hants. s. His " midmost " daughter was Ethelgiva, the nun. t. Kingsclere, County of Hants. u. Probably one of those places in Hampshire which still bear this addition to their name, viz. Preston Candever, Chilton Candever. v. His youngest daughter was Elfrida, who married Baldwin IT., Earl of Flanders, and dying on June the 7th, 929, was buried in the monastery of St. Peter at Ghent. w. Willey, County of Wilts. x. Ashton, County of Wilts. y. Chippenham, County of Wilts. z. .flSthelm, the eldest son of King Ethelbert, elder brother of Alfred. a. Aldingbourn, County of Sussex. b. Compton, County of Sussex. c. Crundal, County of Hants. d. Beden, County of Sussex. e. Bedingham, County of Sussex. /. Barnham, County of Sussex. //. The manor of Thunderfield, in the parish of Horsey, near Ryegate in Surrey, where was formerly a castle of considerable strength. g. Probably Eashing, in the parish of Godalming, in Surrey, the manor of which also belonged to Alfred. h. The youngest son of King Ethelbert, who died in arms against his cousin Edward, the son and successor of Alfred, in 905. i.J. Godalming and Guildford, both in Surrey. k. Steyning, in Sussex. /. m. n. Beckley, Kotherfield, and Dichling, all in Sussex. o. p. q. r. Sutton, Lullington, Angmering, and Felphame, all in Sussex. 258 NOTES, COMMENTARIES, ETC. XVI. " And to Ealhswith/ the ham at Lamburn,' and at Waneting," and at Ethandune. 1 ' XVII. " And to mine two sons a thousand pounds, to each five hundred pounds. XVIII. " And to mine eldest daughter, and to the mid- most, and to the youngest, and to Ealhswithe, to them four, four hundred pounds, to each a hundred pounds. XIX. " And to mine aldermen,"' to each a hundred man- cuses,* and to JEthelin, and Athelwolde, and Osferthe, eke so. XX. " And to iEthered alderman a sword of a hundred mancuses. XXI " And to the men that me follow, that I now at Easter- tide fees gave, two hundred pounds : let them give to them, and divide them between, to each as to him to belong they shall judge; after the manner that I to them now have distributed. XXII. "And to the archbishop,^ a hundred mancuses, and to Esny z bishop, and to Werferthe a bishop, and to the [bishop] at Sherborne. 6 XXIII. " Eke so let them distribute for me, and for mine father, and for the friends that he forethought for, and I forethink for, two hundred pounds ; fifty to the mass-priests over all mine kingdom, fifty to God's poor servants, fifty to the distressed poor ; fifty to the church that I at rest [rest at]. And I know not certainly whether fees [money] so much is, nor I know but that thereof more may be : but so I ween [think]. If it more be, be it to them all common that I fee [money] bequeathed have. And I will that my aldermen and my ministers there all together be, and this thus distribute. XXIV. " When had I ere [formerly] in other wise written s. Ethelswitha, the wife of Alfred, and daughter of Ethelred the Great, Earl of Mercia. She survived. t. u. Lamburn and Wantage, in Berks, at the latter of which places Alfred was born. v. Edingdon, near Westbury, in Wilts, where Alfred defeated the Danes in 878. w. The king's aldermen were his justices itinerant, and other great officers of his own appointment. x. Mr. Manning says, the " mancus was about 7s. 6d. of our present currency." y. Ethelred, Archbishop of Canterbury, who died in 888. z. Esne, Bishop of Hereford, who died, according to Godwin, in 885. a. Werweth was Bishop of Worcester, a man of singular learning, and employed by Alfred in translating the Dialogues of Pope Gregory I. into the Saxon language. b. The Bishop of Sherborne was Asser, the great friend and favourite of Alfred : he wrote the Annals of that monarch's reign down to the year 893. BOOK IV. 259 relations, and had to many men the writings intrusted, and in [before] the same witnesses they were written. Then have I now burned those old [deeds'] that I recover might. If of these any found should be, let it stand for nothing : for that I will that it now thus be with God's help. XXV. " And I will the men that land have, the words to list that in mine father's inheritance-writing stand, so as they firmest [soonest] may. XXVI. " And I will, if I to any men any fee unpaid have, that mine relations that at least repay. XXVII. " And I will the men to whom I my book-land bequeathed have, that they it not give from mine kin, over [after] c their day, that it go unto the nighest-hand to me; unless of them any one bairns have ; then it is to me most eligible that it go that issue on the male side, the while that any of it worthy be. Mine elder father [grandfather] hath bequeathed his land to the spear-half, and not to the spindle- half.tf Wherefore if I have given to any female what he had acquired, then let redeem it my relations if they it while she is living have will : if it otherwise be, let it go after their day, so as we before determined have. For this reason I ordain that they it pay for, because they will succeed to my [estate] that I give may, or to female hand, or to male hand whether I will. XXVIII. " And I beseech in God's name, and in his saints', that of my relations none, nor of my heirs none, do obstruct none of the freedom of those that I have redeemed. And for me the West- Saxon nobles as lawful have pro- nounced that I them may leave either free either or bond whether I will. But I for God's love, and for my soul's advantage, will that they be of their freedom masters, and of their will, and I, in God the living's name intreat that them no man do not disturb, neither by money-exaction, nor by no manner of means, 6 that they may not choose such man as they will. XXIX. " And I will that they restore to the families at Domerham their land-deeds and their free liberty such c. The word "ofer " appears to have been omitted in the original. d. " Spere-healfe.. . . spinl-healfe." The sexes are here denominated from the implements peculiar to their respective occupations ; the male from the spear, the female from the spindle. e. Alfred having manumitted divers " theowas " and put them into the condition of " ceorles," desires that his heirs would not abridge them of that liberty, but leave them to choose such man for their landlord as they wished ; which all "ceorles," by the Saxon constitution, might do. 260 NOTES, COMMENTARIES, ETC. person to choose, as to them most agreeable may be ; for me, and for Elfleda, and for the friends that she did inter- cede for, and I do intercede for. XXX. " And seek they also, with a living price, for my soul's health, as it be may, and as it also fitting is ; and as ye me to forgive shall be disposed." Translation of King Alfred's P?werbs, given at Shifford, a.d. 890. From an ancient Anglo-Saxon MS. formerly in the Cottonian Library, and quoted by Spelman in his Life of Alfred : but now supposed to be lost. At Shifford sat thanes many, Many bishops, and many book-learned [men]. Earls wise and knights awful. There was Earl Alfric, of the law so wise, And eke Alfred, England's herd['s-man], England's darling; In England he was king ; them he began [to] learn, So him they might hear, how they their life should lead. Alfred, he was in England a king well so strong. He was king and clerk : well he loved God's work. He was wise in his word, and wary in his speech. He was the wisest man that was in England. Thus quoth Alfred, England's darling : — " Would ye now live and long after your Lord ! And He would you [make to] know wise things, How you might world's worship obtain. And eke your souls unite to Christ ! " Wise were the quotations that said the King Alfred. " Mildly I mind you, my dear friend, poor And rich, loving, that ye all dread your Lord Christ, love Him and like, for He is Lord of life : he is one God over all goodness. He is one bliss over all blessedness. He is one man, mild master : He one folk's father [common father], And darling : He is one right wise and rich king, That him not shall fail naught of his will Who Him here in world worship and honour." Thus quoth Alfred, England's comfort. " He may no right king be under Christ's self, But [unless] he be book-learned, and wise of law, And he his writs well know, and he can Letters look himself, how he shall his land Lawfully hold." BOOK IV. 261 Thus quoth Alfred, England's comfort : — " The earl and the atheling too be under the king, The land to lead with lawful deed ; Both the clerk and the knight with evenly right : For after that the man soweth, Thereafter he nioweth ; And every man's doom to his own door cometh." Thus quoth Alfred : — " The knight behoveth Cunningly to mow for to work the land Of hunger, and of death. That the church have grith [quiet], and the churl be in frith [freedom], His seeds to sow, his meads to mow, His ploughs to drive to our all behoof: This is the knight's law to look that it well fare." So far the translation is equivalent to the original, which may be found in Dr. Giles' " Life and Times of Alfred the Great." Of that which follows, Spelman has not given the original. Thus quoth Alfred : — " Without wisdom wealth is worth little. Though a man had a hundred and seventy acres sown with gold, and all grew like corn, yet were all that wealth worth nothing, unless that of an enemy one could make it become his friend. For what differs gold from a stone, but by discreet using of it?" Thus quoth Alfred: — "A young man must never give himself to evil, though good befals him not to his mind, nor though he enjoys not everything he would : for Christ can when lie will give good after evil, and wealth after grace. Happy is he that is made for it." Thus quoth Alfred : — " A wise child is the blessing of his father. If thou hast a child, while it is little, teach it the precepts that belong to a man ; and when it is grown up it will follow them ; then shall thy child become such as shall recompense them ; but if thou lettest him go after his own will, when he cometh to age it will grieve him sore, and he shall curse him that had the tuition of him : then shall thy child transgress thy admonition, and it would be better for thee that thou hadst no child; for a child unborn is better than one unbeaten." Thus quoth Alfred : — " Tf thou growest into age, hast wealth, and canst take no pleasure, nor hast strength to govern thyself, then thank thy Lord for all that he hath 262 NOTES, COMMENTARIES, ETC. sent thee, for thy own life, and for the day's light, and for all the pleasures he hath made for man; and whatsoever becometh of thee, say thou, come what come will, God's will be welcome." Thus quoth Alfred : — " Worldly wealth at last cometh to the worms, and all the glory of it to dust, and our life is soon gone. And though one had the rule of all this middle world, and of the wealth in it ; yet could he keep his life but a short while. All thy happiness would but work thy misery, unless thou couldst purchase thee Christ. Therefore, when we lead our lives as God hath taught us, we then best serve ourselves. For then be assured that He will support us ; for so said Solomon, that wise man : — ' Well is he that doeth good in this world, for at last he cometh where he findeth it.' " Thus quoth Alfred : — " My dear son, set thee now beside me, and I will deliver thee true instructions. My son, I feel that my hour is coming. My countenance is wan. My My days are almost done. We must now part. I shall to another world, and thou shalt be left alone in all my wealth. I pray thee (for thou art my dear child) strive to be a father and a lord to thy people, be thou the children's father and the widow's friend, comfort thou the poor and shelter the weak ; and with all thy might, right that which is wrong. And, son, govern thyself by law, then shall the Lord love thee, and God above all things shall be thy reward. Call thou upon Him to advise thee in all thy need, and so He shall help thee the better to compass that which thou wouldst." 209 BOOK V. 64. Alfred's Generosity towards his Female Prisoners. We find no indication of this act of generosity in any of the ancient records. 65. Attachment of Subjects to their Sovereigns. This general thesis, applied by Haller to the Saxons, saying that they " are not worse than any other people ; and if they are ungrateful [to the sovereign] the source lays in the unbalanced constitution of the state," may equally well be applied to all such nations as are obliged to rise in open revolt — an action it is not our purpose to defend — as was the case not only in France, but throughout the whole con- tinent of Europe. We are fully aware of the attachment which the Prussian and Austrian subjects bore, and may still bear, to every offspring of the imperial houses ; and also their moderation and long forbearance before actually break- ing out. We are also perfectly assured that they will, in spite of the acquired privileges and strenuous exertion of the ultra-liberal faction, return to their monarchs that love which, in a moment of agitation, they have withdrawn from them, and the more so if sovereigns will but appreciate the spirit of the time more than they now seem to do. The same may be said of any government that does not keep pace with its time. 66. Remarks on Aristocracy. A government, founded upon aristocratic principles, where the administration of the state is committed into the hands of a few leading men, if more feasible, is more dan- gerous than any other form, for tyranny always has been, and is, indeed, its necessary result, and of the worst kind, because its tyrants are multiplied; for if the very end of government is to protect man from the rapacity of his 264 NOTES, COMMENTARIES, ETC. fellows, and if the stronger will ever take from the weak that which he possesses, if it falls in with his desires, it is evident that the same principle will apply to any number not identical with the community. What is applicable to an individual is applicable to several ; and if powers are put into the hands of even a small number, which renders them stronger than the rest of the community, they will wrest from it whatever they shall think necessary for the gratifi- cation of their desires. By this means the end of govern- ment would be defeated: the unfitness, therefore, of such a mode of government rests on the basis of demonstration ; its distinctive advantage is wisdom in council, which is more likely to be found in this species of government than any other, but there is less honesty than in a republic. We find an excellent article in a little work lately pub- lished, which expresses itself on natural and artificial aristo- cracy as follows : — " There is a natural aristocracy of ability and desert that has a constant tendency to rise into power, however it may be repressed or levelled down for a time by political consti- tutions. It is in truth the principle of progress, and its development neither can nor ought to be resisted. Industry and skill will accumulate property, that is the aristocracy of wealth; probity and honour beget confidence, that is the aristocracy of character ; talent and acquirements inspire admiration and deference, which constitute the aristocracy of intellect. These elementary differences pervade every walk and division of civil life, and no dozen men can be found associated in any pursuit or occupation in which one at least does not evince superior claims to precedence and direction. It is the order of nature, part of its consti- tution; just as a sprinkling of gold and rubies in the mineral world ; and the virtue is almost as great in yielding to such legitimate superiorities as in the possession of them. " But an aristocracy of prescriptive or hereditary privi- leges admits of no such defence. It may have been useful and just in its first foundation ; but the rendering it perpetual is an infringement of the common rights and interests of men. It is seeking to make a property of that which, from its own nature, cannot be appropriated, any more than the light of the sun or the universal atmosphere. If public worth and services could be made transmissible, then might the rewards which society willingly annexes to them be made transmis- sible also. But this is impossible. Honour or shame, intellect or hebetude, competence to serve the common- book v. 265 "wealth or the contrary, form attributes of mind and dispo- sition, that can be as little interdicted as guaranteed, as the exclusive inheritance of any order, family, or individual. Clearly then, honours, distinctions, and political ascendancy, ought not to be tied up in perpetuity in any class ; they are the prizes of life, the stimulus to laudable acts and noble deeds, and ought to be free to reward the most deserving. Any other arrangement is inimical to social meliorations, fixes an artificial aristocracy in place of the natural one of desert, with which it is for obvious reasons in antagonism, and whose active competitions, that really tend to the advance of civilization, it constantly tries to stifle or para- lyze, for the sake of perpetuating its own usurpation." We do not altogether partake of the latter remark. It is true that it would flatter the opinions of a great many philanthropists, if privileges and distinction attained by birth were to cease, and equality resume its place among all men. But would those subjected to these nobles be the more happy for it ? No. Other kinds of aristocracies would form themselves, and oppress them even more than the nobles by birthright. This judgment is the more impartial, since we have witnessed, in former years, (while sojourning in the various countries,) the arrogance of Hanoverian nobles, and of the young Prussian chivalry, and also observed other German noble races, as the proud but well- educated Saxons, the simple and good-tempered Pomera- nians, the intelligent Silesians, the civilized Courlanders, the quarrellous Poles, the hnouting Russians ; and, in the more southern parts, the innocent low — and spoiled high — nobles of Austria, the bigoted Bohemians and Belgians, the bragging- Italians, and the beggarly pride of inflated Hungarian hussar-nobles, and grave Spanish hidalgos. But we have also been acquainted with highly distinguished members of British aristocracy, and of the faubourg St. Germain; and we are perfectly convinced that a part of the nobler inspi- rations of these individuals may be attributed, not only to their superior education, but to their hereditary reputation, the honour of which they are obliged to preserve. Without pretending that they are possessed of more virtue than any other class of men — less might even be a more appropriate term — they mostly act with a delicacy that conceals their faults and makes them less felt. It is, besides, mere prejudice to believe that the nominal descendants of most of the ancient houses are really con- sidered as succeeding generations, or that they have enjoyed 266 NOTES, COMMENTKIES, ETC. their privileges for so many centuries past; for merit and circumstances have long since raised new houses to replace them. As the members of the aristocracy in most of the Euro- pean states are employed by the nation in war, and ven- ture their lives and limbs for the defence of their country, the nation owes more gratitude to their patriotism, their delicate sense of honour, and enlightened minds, than to the blind multitude whom they lead, and who are only used as tools ; it can therefore, with justice, allow them some privi- leges. Mirabeau defines the nobility as " that part of the nation to which the prejudice of valour and fidelity has been particularly entrusted;" and another French author says that " the world has fought for seven hundred years almost constantly for political or religious motives. Men fight in France, Spain, Italy, Sicily, England, Germany, and Flanders, from castle to castle, from town to town, from country to country, by land and by sea, everywhere and unceasingly, with a ferocity that alarms, and a perseve- rance that astonishes." And, noticing the reproach of privileges, he adds, "there is one of which the French aristocracy has always shown itself particularly jealous, it is that of shedding its blood for its country — a celui-ld, elle n'y a jamais fait forfait." Four of the Chatillon fell at St. Jean D'Acre in the second Crusade; five of the same house on the single field of Agincourt, where nearly ten thousand French of gentle blood were slain. At Courtray, four thousand five hundred knights, and at Cressy, twelve hundred fell. Our own wars of the roses were murderous to the princes and nobles engaged in them. In the reign of Henri IV. it was a matter of record that, during the eighteen years preceding, seven or eight thousand gentlemen had been killed in duels, as would appear from the lettres de grace, expedited from the chancery in that period. There were often six seconds of a side, all of whom engaged on these occasions. Nor were the wars of Louis XIV. without fatal effect upon more modern houses. The average duration of the elder branches of the male line of the French nobility, of three hundred and eighty noble houses, appears to have been about three hundred years ; the average number of descents in these three hun- dred years is ten. Out of two hundred and thirty houses there were but twenty in which nine or ten descents took place through the elder sons, and only seven where such descents amounted to eleven or twelve. " Man, being in honour, abideth not," wrote the Psalmist. book v. 267 It might be transposed, " Being in honour, he will not abide, except in it and with it." He will not marry to condemn his issue to a discreditable poverty ; he will neither impose existence on others, nor submit his own to conditions which depress his sense of the position in which he was born. Say what we will, men who have filled a distinguished position in society, or in the world, feel the wish of surviving beyond the grave, and of leaving behind them some living representative of their name and race, which shall not de- scend into the tomb with themselves. And yet, in spite of this desire, so strongly implanted in the bosoms of men of everv nation and belief, one finds the lineage of great historical names in most countries have long ceased to exist. In Spain, France, Holland, and Zealand, the old families are nearly all extinct. In Switzerland, William Tell's female descendants became so in 1720. In France, in order to prevent it, nothing was more common than the adoption of collaterals, the issue of females, on condition that the name of the family should be assumed and continued. " Perhaps there was in this excusable desire a secret sympathy with the national pride ; for the prince found in it an additional ornament to his throne, and the country became identified with the glory of its chiefs." If it be natural that the last representative of an illus- trious house should regret its extinction with his demise, and try all means of perpetuating it, it is not less so that a whole nation should lament the loss of the men whose pen, or whose sword have ennobled or defended it — that deprived of their presence, it should still fondly attach itself to their name, and that the fiction which preserves them in the midst of their countrymen should be equally agreeable to the memory and the gratitude of the country. These remarks on the French nobility are applicable to most of the European states, but whether they are likewise so to that of Great Britain and the British army, is a ques- tion which we leave to the reader's own judgment to decide. 67. Silk Gar merits in Alfred's time. Haller allows Amund to speak of silk as of an unknown tissue to Alfred ; but historians, whose veracity may be relied upon, inform us, that that material was in use among the Anglo-Saxons soon after their establishment in Britain ; but so expensive an article, we may reasonably suppose, must have been confined to the highest rank of the people. Coronation vestments and mantles, the external garments n2 268 NOTES, COMMENTARIES, ETC. of the dignified clergy, and the robes of the queens and princesses were often made of this valuable material, it was also used for the adornment of altars, and for other religious purposes. 68. Monarchical Power does not originate from Adam. Ancient Christian writers pretend that "monarchical power originated from Adam, and his title of sovereignty was founded by creation, and also by donation, and likewise the inheritance of monarchy." This origin of monarchy was not a moderate one, but an absolute monarchical power allotted to Adam. And an author of the end of the 17th century endeavours to prove : " Firstly, that this power of Adam was not to end with him, but was, upon his decease, con- veyed entire to some other person, and so on to posterity. Secondly, that the princes and rulers now on earth are pos- sessed of this power of Adam by a right way of conveyance derived to them." We have extracted these sentences from Locke's " Two Treatises on Government," wherein he contradicts "the false principles and foundations of Sir Robert Filiner and his followers" with great spirit and philosophical reasons. We regret that our space does not allow us to give as many extracts from it as it were otherwise our wish to do, and will therefore at present confine ourselves to the paragraph 105 of his "Essay on Civil Government:" — " I will not deny, that if we look back as far as history will direct us towards the origin of commonwealths, we shall generally find them under the government and admi- nistration of one man. And I am also apt to believe, that where a family was numerous enough to subsist by itself, and continue together, without mixing with others, as it often happens where there is much land and few people, the government commonly began in the father, for the father having, by the law of nature, the same power with every man else to punish, as he thought fit, any offences against that law, might thereby punish his transgressing children, even when they were men and out of their pupilage ; and they were very likely to submit to his punishment, and all join with him against the offender in their turns, giving him thereby power to execute his sentence against any transgression, and so in effect make him the law-maker and governor over all that remained in conjunction with his family. He was fitted to be trusted ; paternal affection se- cured their property and interest under his care, and the book v. 269 custom of obeying him in their childhood made it easier to submit to him rather than to any other. If, therefore, they must have one to rule them, as government is hardly to be avoided amongst men that live together ; who so likely to be the man as he that was their common father, unless negligence, cruelty, or any other defect of mind or body made him unfit for it. But when either the father died, and left his next heir, for want of age, wisdom, courage, or any other qualities, unfit to rule; or, where several families met and combined together; there, 'tis not to be doubted, but they used their natural freedom to set up him whom they judged the ablest and most likely to rule well over them. Conformable hereunto we find the people of America, who living out of the reach of the conquering swords and spreading domination of the two great empires of Peru and Mexico, enjoyed their own natural freedom, through coteris paribus, they commonly prefer the heir of their de- ceased king ; yet if they find him any way weak or incapa- ble, they pass him by and set up the stoutest and bravest man for their ruler." 69. Honour and its meaning. It is an established fact, that comfort produces cowardice, and that " the delicate sense of honour " exists and must exist to a far greater extent with warriors, the nobility, their descendants, and with those nations where every man is obliged to be a soldier, and is destined to begin his career in the practice of arms, than with such as are given to domestic occupations only; but the word "honour" is not more ac- curately defined than the word " beauty," varying according to country and taste ; nor is it clearly demonstrated whether it implies external distinction or the inner worth of man. "The delicate sense of honour" which characterizes some nations is too often confounded with amour-propre, which makes a duel the immediate consequence of the slightest offence ; and although that exaggeration has certainly its share of good, we maintain that probity, impregnated in the heart of man, should be far more esteemed than the feeling of' false honour. By the expression which our author attri- butes to Alfred, that "life becomes a burthen if spent without honours,''' it is manifest that external honour alone is meant. 70. Conscription, and Purchased Commissions. We cannot agree with Alfred here, as we have many examples of the most valiant warriors rising from mere 270 NOTES, COMMENTARIES, ETC, countrymen. Such can naturally seldom be leaders, since they fail in the knowledge required thereto. Yet we believe that in every state men should be brought up so as to be able to defend the country in case of necessity, whereby standing armies might be reduced. (Is it from fear that such a system has not been used in the latter times in England ?) We are not defenders of general conscription, as it was introduced into France by Napoleon ; for we have closely witnessed its evils, even in France, and in some parts of Germany subdued by the French emperor ; but we have also witnessed the very great advantages that arise from the three years' military service every Prussian must per- form, which, however, does not prevent him from following his eivic occupation, and gives to young men a regularity in employing their time, and a physical and moral education which otherwise many would not acquire. On the whole continent of Europe the custom of becom- ing a hero by paying down a sum of money has been abolished, and military commissions are only now sold in England. We leave it to others to make more ample commentaries on this subject. 71. Momentary Inspirations in the People. In note 69, we have given our opinion upon " the sense of honour spread over the whole population ;" and, alas ! our terrestrial world does not at all seem to be fitted for that feeling to be spread over the whole population ; and if it does for a short time, and " every citizen glows for victory with the same ardour that inspires a general," (of which the history of ancient and recent times furnishes us with many examples ;) human nature and human wants are so con- structed that it cannot continue for any lengthened period. The heroical inspiration in the lower classes soon evaporates or takes false directions, therefore it is better (as they mostly do) for them to return to their own peaceable occu- pations. 72. Nation of Shopkeepers. Amund observes, that " among the Serens there are too many shopkeepers and artisans." And Napoleon called the British " a nation of shopkeepers." Both had probably the same idea in using those expressions ; for the lower kind of trade admits, in truth, of no elevation of mind, which varies in man according to his occupation ; and notwithstanding BOOK V. 271 our esteem for men in general, (to whatever class they may belong,) we cannot deny that constant occupation in minor matters, with the apparent necessity of practising a little fraud, abases man so low as to disregard probity; and for that reason we consider a working man as much higher than a shopkeeper. But Napoleon, who very well under- stood military tactics, politics, and something of fine arts, does not seem to have — nor that he ever would have — con- ceived the poetical and superior side of high trade. It is not profit alone that induces men to undertake great mercantile enterprises. There is a charm in the combination and execution of extensive mercantile transactions, in which one man employs innumerable branches. Foreign settle- ments, productions, ships, circumstances of war and peace, famine and abundance, are all instruments for the execution of his will ; and he holds the thread of all the different means which he employs, and calculates their strength and effects as well as Napoleon did that of his different corps oVarmees. The high trade is really a grand occupation, but its abuses alone abase man ; and a nation as England was at the end of the last century — the highest in the world — cannot be compared to one of " shopkeepers." But with all the credit that we give to the high station of the merchant in society, we cannot deny that while he remains in commercial activity, he is unfit for public business ; his mind is wholly engrossed with fear and hope, not only in business time, but in every moment that he is awake — in his dreams — in the circle of his family and friends — in places of public amusement, and perhaps even of worship ; as it is almost impossible for a man, whose existence depends partly on chance, to suppress these ideas, which constantly occupy him : and if merchants rise to high public functions, and remain at the same time in mercantile business, examples have already proved that the latter must suffer from it. As concerns shopkeepers, Montesquieu relates that, " Tout bas commerce etait infame chez les Grecs. II aurait fallu qu'un citoyen eut rendu des services a un esclave, a un locataire, a un etranger : cette idee choquait Tesprit de la liberte grecque. Aussi Platon veut-il, dans ses lois, qu'on punisse un citoyen qui ferait le commerce." 73. Moral Degradation produced by Comfort. Notwithstanding our observations on the high trade in the foregoing note, we cannot conceal that almost every trading nation sinks to the degree expressed by the words 272 NOTES, COMMENTARIES, ETC. in page 89, as history informs us of the Carthagenians, Venetians, &c. The acquired wealth of some individuals weakens and enervates their nobler minds ; and competition compels others to think " merely of the means of subsis- tence." Both consider comfort as of essential, and honour of secondary importance, to human existence ; and both must be aroused by adverse circumstances to consider them in any other light. 74. Chinese Sages. We must remind the reader, that this was written in the last century, and before the last Chinese war had taken place ; a war which, notwithstanding the cruelties the Euro- peans then thought themselves obliged to commit, and which we would never defend, has been productive of much good to the trade of Europe and other countries. To the sages and great princes mentioned in page 90, we must add the name of the Emperor Kang-he, the second of the present dynasty, who wrote the sixteen maxims, entitled "The Sacred Edict;" on which his son, Yoong-Ching, wrote an amplification, which he published in the second year of his reign, and ordered to be read publicly to the people on the first and fifteenth of every month. This work may be considered as of very high rank in the light of political morality; and we will, for that reason, sometimes have to refer to it. 75. Comfort produced by Industry and pure Pleasure. By importing from all parts of the globe the rich produc- tions of nature and culture, industry might indeed produce treasures beneath a cloudy sky, which creates a comfortable home and a social assembly around the humble hearth, that replaces the felicity afforded by countries more favoured by nature. While we acknowledge all this, and endeavour to deceive our imagination by brilliant gas-light and the warm tint of a brush, which represents to us, in the opera-house or diorama, the charming features of a southern scenery, we cannot, however, suppress the ardent desires of living under a milder zone, and breathing the balmy odour of the country " in which the lemon grows," and where the sky almost constantly shines in brilliant azure. 76. Linen Garments among the Anglo-Saxons. Linen certainly formed a very large part of the Anglo- Saxon habits : it was an article indiscriminately worn by BOOK V. 273 every class of people whose circumstances allowed them to purchase it, and was particularly appropriated to such gar- ments as were worn next the skin. The use of linen is of high antiquity among the Saxons; for a writer of their own, who flourished in the eighth century, informs us that the militia tunic in his time consisted of linen. Another ancient writer, describing the manners of the Longobards, says their vestments were loose and flowing , that they con- sisted chiefly of linen, like those of the Anglo-Saxons, and were ornamented with broad borders, woven and embroi- dered with various colours. Our German author attributes the perfection of embroi- dery, and that to the very highest degree, to a southern princess; we must however here observe, that he makes an historical error if he does not admit that art to have been excelled in by the Anglo-Saxon ladies, for it is certain that garments ornamented with needlework were held in the highest estimation by the Anglo-Saxons: and it is equally certain that the Saxon ladies excelled in the performance of these elegant manufactures. " The French and Normans," says an ancient author, " admired the beautiful dresses of the English nobility; for," adds he, "the English women excel all others in needlework, and in embroidery with gold : gesta gulielmi ducis apud ducken," p. 21. Another writer tells us, that "The Anglo-Saxon ladies were so famous for their skill in the art of embroidery, that the most elegant productions of the needle were called, by way of eminence, the English work? — Strutt, 74. 77. Modern Despots. Our author has pictured such an absolute monarch in " Usong," a Persian despot, who carefully watches over all his servants, holding the reins of government in his own hands, and knowing how to bridle the power of his officers, so that no injustice or oppression towards his subjects can be committed without being severely punished. " Usong" is not a mere fiction, for that prince lived in the fifteenth century. In modern history we find Peter the Great, Frederick II., and Napoleon, rulers, who from their sagacity have done as much for their people, and have governed as well as the best constitution where all classes are repre- sented. The faults of Napoleon, as a monarch, paralyze to a certain degree his valour as a hero, and consequently place him, in many instances, below the two former sove- reigns. We however see, in the dynasties of the Chinese n 3 274 NOTES, COMMENTARIES, ETC. emperors, many a ruler who possessed all the attributes of severity and lenity, and who exerted himself to the utmost in order to spread happiness throughout his over-populated dominions. But as nature seldom produces men who com- bine all the requisite qualities of a regent, (and history pictures to us by far more weak monarchs than such as deserved to be placed at the head of a nation,) it is naturally better for European countries that their power be checked by parliament and other governmental bodies, if not to do good, at least to prevent evil. 78. Pastime of Sovereigns. We do not envy the leisure of sovereigns, and the diver- sions which they permit themselves ; it is a curious vanity of a people whom we need not seek far, governed under a constitutional form, to prefer bearing the heaviest burdens, (believing that they govern themselves,) rather than allow their sovereign to meddle with the government ; neither do we envy the function of the reporter of the " Court Circular," who presents to the eyes of a laborious people trifling actions, which are in reality not worth mentioning in newspapers; and which it were perhaps far better to pass under silence, as is done in other countries. 79. Family Government. Montazgo. (has a Ubilla.) " Je vous ai demande sur la caisse aux reliques De quoi payer l'emploi d'alcade a mon neveu." Ubilla. (has.) " Vous, vous m'aviez promis de nommer avant peu Mon cousin Melchior d'Elva bailli de l'Ebre." Montazgo. (se recriant.) " Nous venons de doter votre fille. On celebre Encore sa noce. — On est sans relache assailli . . ." Ubilla. (bas.) " Vous aurez votre alcade." Montazgo. (bas.) " Et vouz votre bailli." (i7.s se serrent la main.) [" Buy Blas," Act iii. Scene I.] BOOK V. 275 80. Sovereigns driven from their Thrones. Comme Part oVennuyer est celle de trop dire ; we will not quote examples of such princes driven from their thrones in the latest epoch. 81. Aqua Toffana. We may congratulate ourselves that modern history does not present us with instances of governors like Nero and the family Borgia, but we deplore that the aqua toffana has been, even to the end of the last century, a political vehicle employed both in an imperial and a royal court of Europe. 82. Dissipation and False Economy. It is a false application of economy that blames the dis- sipation of money in pageants, banquets, and insignificant solemnities. The money spent in that way returns more directly to the people than by any other channel ; and it is better for the court to spend more than its income, than to hoard it up, or purchase foreign stocks, in which consists a dead capital, of no use whatever to the nation, whose members have, at the sweat of their brow, contributed to the civil list. If we suppose that sovereigns consume the rarest dishes and the choicest wines, what they consume themselves can be but very little. And all that is spent in splendid buildings, rich paintings, fetes, and even with their maitresses, (who seldom treasure up the money) returns in some way or other to the nation, even if that money be spent in foreign countries, it cannot be considered as thrown away. All nations are in direct or indirect commercial tran- sactions with each other, and hence such capital returns in general traffic. The only evil is, that the amount of the civil list is mostly contributed by those upon whom it falls heaviest, and who must bear the greatest sufferings ; and it is the dis- proportion which exists between the receipts and the expenses that produces the evil, and not the expenses themselves. The words of a French king that " chaque paysan devoit avoir le Dimanche un poulet dans son pot-au-feu" are really greater than they are generally considered to be ; and we only wish they were everywhere realized. 83. " Tax le droit etfen use.''' Everywhere, and even in countries subjected to a consti- tutional government, and perhaps there more than in others, public officers abuse the maxim, " J'ai le droit et fen use" and this is the source of many evils. There is no sufficient and powerful control over them. The blame, which in very 276 NOTES, COMMENTARIES, ETC. rare cases falls upon others through the public papers, and in still rarer cases through the legislative body, is not suf- ficient to check these abuses, for in most instances there is no majority to censure them, and none to punish them, for " eine Krahe hackt der andern keinAuge aus." In absolute monarchies, the sovereign sometimes punishes the abuses of power, and the fear of it contributes still more to prevent them. 84. Vide note 80. 85. Forme?' and actual Punishment of unjust Princes. Modern history gives us similar examples in the deplor- able events that took place under Charles I., King of Eng- land ; Paul, Emperor of Russia ; Gustavus III., King of Sweden ; and Louis XVI., King of France ; but human progress in civilization prevents us from acting with such cruelty, and we are satisfied when princes abuse their power, de les chasser, as was done with Charles X., and others. 86. Beware ! beware ! beware ! 87. Expression of the unfortunate Louis XVI. The British constitution represents, in truth, that barrier to the absolute will of princes, which at the same time watches over his security ; and there is no doubt that the despotic monarch is far more unhappy than the prince who is bound by laws. A man of talent, and possessed of a knowledge of the world, has attributed the following words to Louis XVI., at the time of the French revolution of 1789, his object being more ironical than real, but by ridiculing the inac- tivity and the limit of a constitutional monarch, he has, in truth, described the happier situation of such a sovereign, compared to that of him who has to bear almost alone the whole weight of the governmental power. " You may," said Louis XVI., " be in future the legisla- tors, and I will provide for the execution of your laws, if you will only give me sufficient absolute power to force the contumacious, and this you can do, as you are now the masters. You can tear them to pieces with your teeth, even quarter them, without any legal proceedings. For what power in the world can oppose your will ? You will, as soon as you have taken my place, really reign and govern. The nobility and the clergy will indeed object to it, but BOOK V. 277 their proportion is only as one to twenty-five. You must clip their rights, so that they shall be no longer able to draw you within the circle of their power and do you injury. To obtain this object, reduce the pride of the priests, thereby granting the offices of the church to your equals, and allow them no more than is strictly necessary for their subsistence. " With regard to the nobles, you need not take the trouble to impoverish them, it will be sufficient that you no longer respect their inherited titles and dignities, to make their prerogative vanish totally. Take an example from the wise contrivances of the Turks : as soon as those noble sirs cease to bear the titles of a duke or marquis, they will, to distinguish themselves, dissipate their fortunes in splendour and magnificence, which will conduce to the profit of the nation. Then their wealth will enter into general circula- tion, and advance trade. My ministers will in future be forced to a wiser conduct, when they are answerable to you for their actions, and it cannot be longer my duty to examine their capabilities. I certainly appoint them according to the exterior form, but, as soon as you please, I immediately drive them away. Thus will that tyranny also cease, which these ministers employed even against myself, by requiring that I should follow their counsels, and by exposing me consider- ably, inasmuch as they made use of my name in circum- stances which involved the state into difficulties. I submitted quietly for a long time, but at length it became impossible, and I am now liberated from them. "My spouse, my future children, my brothers, and my cousins, who call themselves princes of the blood, will cer- tainly, I know it, condemn me, but only in silence ; and they cannot say so to myself. Now that I am placed under your high protection, I can oppose them better than when they were only mine, and only considered my protection and my defence. But 7 have now done my duty in as- sisting you to lay before the world the superfluity of this protection. The discontented, who have taken their domi- cile on the other side of the realm, will return, sooner or later, as they think proper. They call themselves my real friends, but that I must laugh at. My true friends can only be those who accommodated their manner of thinking to mine. To the former, nothing in the world is of importance and worthy of consideration but the old right of my house, in which the royal dignity is enchained with the dignity of the regent. But, in my present situation, nothing can interest me more than my own peace ; the annihilation of the tyranny, which my ministers formerly practised against 278 me, and finally your satisfaction. Were I a charlatan, I might also tell you, that I bestow care upon the welfare and wealth of the country; but nothing in the world concerns me less now, and it is your duty alone to take care of this, which can only occupy you, and no one else. " For henceforth the kingdom is no longer mine ; I have, thanks to heaven, ceased to be King of France : I have become instead, as you very properly say, King of the French. I have only to propose to you that you advance in your management, and that, since by the present face of things I no longer occupy myself with any business or preserve any influence, you will have no objection if I often give myself to hunting, (or to walk in the pleasure grounds.)" The French constitution of that period was really a masterpiece of legislation, but so many short lived consti- tutions have since been baked, that we may consider the British as the best, not only from its form, but also from its possessing the quality of seniority. 88. Fruitless Lesson. The great lessons given to princes in 1848, so pregnant with important events, seems as yet to have been almost disregarded; and notwithstanding their proclamations ad- dressed to their " beloved subjects," it is to fear they think themselves forced to employ severity, instead of pacific means, to appease the people, for which ultra-liber alists unfortunately give the most occasion. 89. Best form of Government. We refer our readers to the Introduction and Conclusion of this little work, to the treatises of Locke, the works of Edmund Burke, "L'Esprit des Lois" of Montesquieu, the works of Baron de Wolf, and many ancient writers on this subject. 90. Hereditary succession. " The hereditary succession to the throne of England is not of such indefeasible nature as not to be altered or modified. The constitution has lodged this power in Parliament — a power which, it is evident, must be vested somewhere — to meet cases of peculiar emergency, (6th Anne, c. 7.) Indeed, it is considered penal to call in question the right of the supreme legislature — crown, lords, and commons — to direct and modify the descent of the crown, by particular entails, limitations, and provisions, to the exclusion of the immediate heir ; and this is so extremely reasonable, that, without such a power lodged somewhere, any national polity would be BOOK V. 279 very defective : for, to adduce one instance, should the heir apparent be a lunatic or an idiot, how inconvenient would it be to the nation, if there was not the power of some ar- rangement? On the other hand, the inheritance of the crown, the royal dignity, would be very precarious indeed, if this power were expressly lodged in the hands of the sub- ject, only to be exercised whenever prejudice, caprice, or discontent should rouse the public mind. Consequently, it can nowhere be so properly vested as in the two houses of parliament, with the consent of the reigning sovereign, who, it is to be supposed, will not agree to any improper diversion of the inheritance prejudicial to his own descendants ; and, therefore, in the hands of the sovereign, lords, and commons, the constitution has lodged it. And it is far from impossible to reconcile, if we do not suffer ourselves to be entangled in the mazes of metaphysical sophistry, the use both of a fixed rule and an occasional deviation — the sacredness of an here- ditary principle of succession in our government, with a power of change in its application in cases of extreme emer- gency. Even in that extremity, the change is to be con- fined to the peccant part only — to the part which produced the necessary deviation. A state without the means of some change is without the means of its conservation. An irre- gular convulsive movement may be necessary to throw off an irregular convulsive disease. But the course of succes- sion is the healthy habit of the British constitution. — Schom- berg's " British Constitution.' 1 '' 91. Turbulence of the former Polish Diet. Our author here manifestly alludes to Poland, whose diet the world will recollect to have been the most turbulent ever recorded in the annals of history. Its example ought to serve as a warning to the members of recently formed similar institutions, to unite themselves as closely as possible for the purpose of securing the welfare of all states subjected to them, to reap the fruits of the people's efforts, and to preserve the privileges acquired by them, in a moment when the princes yielded, more through fear than conviction, which they already seem to repent, for many reasons, the ultra- liberal faction being one of the most important. 92. Elements of the British Constitution. The elements of the British constitution unite all the advantages which Arnund required, and its practical working is as beneficial as its theoretical principle is sound. The executive power of the law is lodged in a single person ; 280 NOTES, COMMENTARIES, ETC. and, from this circumstance, derives all the advantages of strength and despatch that belong to the most absolute monarchy. In the making of laws, which is the supreme power of the state, legislation possesses, in the House of Lords, all the wisdom and counsel of an aristocracy, whilst in the Commons it possesses all the advantages of a demo- cracy ; and it is worthy of observation, that the English form of government has not attained its present form from the theories and the speculations of individuals, but has grown out of those immutable laws by which the moral world is regulated ; and is founded, in its essential provisions, by a happy series of providential events, on the present necessi- ties of man. It is removed from the two extremes, which are alike injurious to the interests of society — the despotism of the monarch and the despotism of the multitude. It is a monarchy directed by laws, " controlled and balanced by the hereditary wealth and dignity of the nation ; and both, again, controlled by a judicious check from the reason and feeling of the people at large, expressed by a suitable and permanent organ;" so that no mischief can be attempted by any of the three branches, but may be withstood by one of the other two — each being armed with a negative power, which, if honestly exercised, is amply sufficient to resist any innovation which it may consider inexpedient or dangerous. This constitution, composed apparently of three powers, consists in reality of seven : The monarchical power. The legislative power. The checking power. The judicial power. The ecclesiastical power. The executive power, and The administrative power. But several of these may be considered as united together in one body, the legislative and checking powers, the monar- chical and executive powers, the judicial and administrative powers, and the ecclesiastical may, as far as mundane matters go, be considered as belonging to the first. 93. Pretended Origin of Parliament. Littleton asserts that already, in the time of the Saxons, the people assembled in the form of a parliament, and at least the magistrates of towns and boroughs had their seats therein. This assertion he founds upon the claims of some boroughs in later years to that right, for the validity of which they quoted the manners of the times, as convincing proofs. BOOK V. 281 The same author cites quotations therein, where the assem- bly of parliament is called " the people." Barnstaxte even pretends this to be mentioned in a charter of Athelstan, And the antiquaries, who attended at the assembly at Claren- don, were considered by Littleton as aldermen, or old magis- trates of every county ; but all this seems not a sufficient proof of the people having had a share in the government as they had under Henry III., and as it was afterwards constituted. It has never been accurately defined, either in law or history, that a member should be called from every county and every borough, nor is there any mention made of any particular person being nominated for that purpose; for among the few free plebians it would have been no easy matter to find out a sufficient number that were, from their estates, or bills of protection, independent of the nobility. Littleton owns himself, that the business of the realm was often settled in parliament by the nobility alone, without the presence of the people; and that the power of the people was by far too little to form an equilibrium between that of the monarch and that of the aristocracy. 94. Miniature and other Republics. Minor republics, as the Hanseatic Towns, and some can- tons in Switzerland, have long enjoyed felicity. Among the former, Hamburg may be cited as a real model of a little republic. The legislative and executive powers consist in a senate of twenty-four members, one half of whom are learned, and the other private men, four burgomasters, a certain number of aldermen, churchwardens, a selected body of the citizens, and the whole body that have acquired the right of citizenship, which consists in being a house- holder, or obtaining the right by paying a considerable fee. Every law, or important decision, is only valid when it has been sanctioned by the senate and the citizens. The taxes are extremely moderate, so that every possible right of individual liberty, personal security, and happiness and wealth, has been preserved for many hundred years by the inhabitants of that town ; and the government gene- rally act with such wisdom, and the inhabitants are so laborious, that wealth has been proportionately speedily res- tored, even after the oppression of the French invasion, the cruelty of Davoust, and the great fire of 1842. Venice possessed a very small territory in proportion to her immense power, but abuses were more frequent there than in smaller republics. 282 NOTES, COMMENTARIES, ETC. The Netherland republic existed for a long period, but the moderation of the cooler Dutch, together with their true patriotism, (compared to that of other nations,) contri- buted vastly towards it. The United States have, with an extensive territory, already peacefully enjoyed the fruits of a well-formed re- public, and of a legislation founded by a Washington and a Franklin, for three quarters of a ceutury ; but the inhabi- tants are tradesmen and agriculturists, not troubled with ambition, and the country is too distant and too extensive to be easily overwhelmed by invading European demagogues . 95. Evils produced by Standing Armies. The evil produced by keeping great armies, which give to the generals a preponderance over the magistrates has not been extinguished in modern times, and not even since the time of Napoleon's abdication. Neither the holy alliance, nor the system of non-interference, preserved for a certain length of time, could contribute sufficiently to diminish this canker, which gnaws the welfare of all great European nations, and everywhere increases the national debt. If there is anything that we may envy of the Americans, it is that they have as yet kept that evil off themselves. 96. Royal Domains. It is the duty of a great and faithful minister, while he advises the king to yield to the wishes of the people, at the same time to bestow his greatest care upon strengthening the king's power by preserving, not only his territorial pos- sessions, but likewise his private domains. He must exert himself to the utmost, and sacrifice his property, and even his life, to prevent the situation which ensures those posses- sions to his master from being changed into one wherein the prince is merely the first man in the nation, and the term, "royal domains," from being considered synonymous with that of " national property ;" as the sovereign only remains what he should be — a real monarch — so long as he re- mains in possession of his royal domains. He can even yield with the more facility to the will of the people, since the possession of these domains ensures him security and permanence; and in such a situation his compliance is noble and worthy. All that the regent thus allots is con- sidered as a free gift, and does not only preserve but even increases the esteem and consideration of the people to- wards him. He then remains an uncompelled and wealthy donor; and the monarch who can with safety maintain book v. 283 such a function will not be deprived of the veneration, gratitude, and obedience of his subjects. But what is a regent deprived of his domains, who receives his income from the same multitude by whom he is often opposed? And even were the civil list doubled or trebled, the prince still remains impoverished in a country, the trade of which is not its principal resource; a man with- out property, and in the most abject dependance on those whom he should meet with generosity, and who have short- ened his own property. The word "majesty"* loses its force, and the agitated populace feel that the regent can give no- thing more to those from whom alone he receives. The regent who remains in full possession of his domains, even if they be indebted, can alone present himself before his people as a father and a benefactor. He can do this without putting on a mask or performing a false part, at which the spectator would secretly smile. Such a prince can alone grant graces and compliances to the nation, he alone can with real and effective power paralyze, if not altogether avert, by concessions to general wishes, the evil consequences of bad direction, and all this with royal dignity. But the minister who does not oppose, with all his might, the realization of domains, even if he thinks himself answer- able to the nation alone, does not his duty, for he does not only deprive his monarch of his dignity, and his master's race of existence, but he injures the people by impoverish- ing him who, in times of insurrection, could coolly, and with impartiality witness the storm, and even yield to it without having to fear for himself. " Formerly the kings of England, as of other European states, were supported from the soil, and not by the system of revenue organised in later times. Commerce and manu- factures were then almost unknown ; of money there was little, and scarcely any imposts. Gradually the sovereign found out the means of supplying his wants by burdening his lieges with taxes, which rendered the revenues derived from his private domains of less importance. Hence, con- temporaneously with the progress of national burdens, may be dated the neglect and alienation of the hereditary pos- sessions. The chief remains of these are the crown lands, consisting of parks, forests, chases, manors, fisheries, and royalties, extensive estates, numerous leaseholds, church livings, fee-farm rents, light-house dues, and mineral trea- * The word "majesty" was not used in England until the reign of Henry VIII. 284 NOTES, COMMENTARIES, ETC. sures. The property is scattered in almost every part of the kingdom, but principally in the metropolis and vicinity ; much of it is in Wales, and there are large estates in Ireland." The above lines are taken from Mr. John Wade's recently published work ; and with respect to the employment of the revenues of the royal domains, we refer the reader to the said work, the title of which he will easily discover if he feels any interest in it ; with all the good which that book contains, we do not like to recommend it from its very inflammable character. The existence of that work, although very recent, and the little injury which it has committed until the present moment, corresponds with the remarks of Montesquieu, that the climate very much contributes towards the patience of the inhabitants of England ; " La servitude commence tou- jours par le sommeil ; mais un peuple qui n'a de repos dans aucune situation, qui se tate sans cesse, et trouve tous les endroits douloureux, ne pourrait guere s'endormir." 97. Faults of Elective Power. This thesis is proved by the examples of the Emperors of Germany, who were elective; and notwithstanding their repeated elections, and that they originally united the Roman imperial crown to that of Germany, a power they mostly inherited from Charles V., that dignity has almost continually remained m one family, that of the descend- ants of Habsburg, (not Hapsburg, as we often see it printed in the " Times") Their power has successively de- clined, for the most insignificant prince permitted himself resistance, until Napoleon put a stop to it by obliging those crowned heads to be satisfied with a title they had themselves decided upon — that of Emperor of Austria. The election appertaining to the old dignity was not the sole cause of its decline, but rather the circumstance of emperors not being- possessed of sufficient executive power, nor of the right of using Austrian troops against revolting German princes. For that purpose they possessed a little German army, called " Reichsarmee" which was ridiculed by everybody and almost considered like Falstaff's troop of recruits. 98. Sacredness and Inviolability of the Person of the Sovereign. The law enacting that the person of the sovereign is sacred and inviolable is in just accordance with the authen- ticated revelation of the Supreme Governor of the world, who announces to the tribes of men the important truth : — BOOK V. 285 "By Me kings rule, and princes decree judgment." It is but just, then, that the supreme magistrate should be thus dignified : and our constitution has not only followed the voice of nature, which makes the public head the represen- tative of the majesty of the nation, but what, in this case, is still more audible — the voice of God — by awarding to them those attributes, and covering them with their defence, as with a shield of celestial strength. The royal person is sacred, set apart and consecrated to a high and responsible office, for ends of the highest importance, and fraught with results of the most important character. The monarch is to be considered as the vicegerent of heaven. The divine oracle makes the announcement — The sovereign is " the minister of God." Necessarily the immediate servant of the Most High, who shall dare to invade prerogatives which are held under such a charter ? It must be either folly or mad- ness, seeing that it is attended with such a sanction as that contained in the following declaration : — " He that resist- eth the power, resisteth the ordinance of God." The above lines, quoted from the Rev. E. D. Schomberg's work, form the basis and immutable principle upon which the personal dignity of the British sovereigns was founded ; and it was the policy of our forefathers to use the sanction of religion in building up the safeguard of the state ; and the fundamental maxim, that the king can do no wrong, neces- sarily follows the principle, that the person of the sovereign is sacred and inviolable ; for had our forefathers declared the one without the other, the royal person, although sacred and inviolable in appearance, would have been exposed to end- less accusation and perpetual dangers ; not that the transcen- dant station of the British monarchs elevates them above the infirmities and errors incident to human nature; but, because the practical wisdom of our ancestors thought it expedient that such a defence should be thrown around them, and have so ordained it that not they, but their ministers, should be responsible for the errors of the administration. If the sovereign, who is a branch of the legislature, were to be Bubject to the will, and liable to the impeachment of the other branches, it is evident that all the elements of discord would be let loose to disorder the state. It has, therefore, by a bold and almost superhuman effort, surrounded that sacred person with a wall of adamant : it has given the monarch a kind of political perfection ; and, as the civil head represents the collective body of the nation, it has determined that, politically speaking, the crown cannot err; and though at first sight, this may appear a dangerous posi- 286 NOTES, COMMENTARIES, ETC. tion, yet we shall afterwards see, when we come to treat of the limitations of the monarchy, how completely it is neu- tralized, as to any tendency to evil. At present, without having recourse to the doctrine of "the divine right of kings," we must repeat that it is the essence of wisdom, and the groundwork of our political existence. But the doc- trine of "divine right," when soberly interpreted, can scarcely admit of controversy, viz., that the monarchical power, to which such important trusts have been committed, is under the peculiar sanction of that Divine Providence which extends its care to every individual of the human race, however ignoble or mean. This right of inviolability of the person of the monarch has been preserved from the most remote to the latest times ; and even the French nation has acknowledged, in chap.ii.p.ll, of the constitution which Louis XVI. was compelled to give them, that " the person of the king is sacred and inviolable :" which however did not prevent them from executing the same unfortunate king a year after. In the most recent times nations seem, however, to have shown disregard for that fundamental law of monarchical power, but there is no doubt they will soon return to it, as common sense must acknowledge, that no monarchical power can subsist without that maxim. 99. Royal Power limited by Laws. Locke expresses himself on this subject as follows : — "Though the legislative, whether placed in one or more, whether it be always in being or only by intervals, though it be the supreme power in every commonwealth; yet it is not, nor can possibly be, absolutely arbitrary over the lives and fortunes of the people. For it being but the joint of every member of the society given up to that person, or assembly, which is legislator, it can be no more than those persons had in a state of nature before they entered into society, and gave it up to the community. For nobody can transfer to another more power than he has in himself; and nobody has an absolute arbitrary power over himself, or over any other, destroy his own life, or take away the life or property of another. A man, as has been proved, cannot subject himself to the arbitrary power of another; and having in the state of nature no arbitrary power over the life, liberty, or possession of another, but only so much as the law of nature gives him for the preservation of himself, and the rest of mankind ; this is all he doth, or can give up book v. 287 of the commonwealth, and by it to the legislative power, so that the legislative can have no more than this ; their power, in the utmost bound of it, is limited to the public good of the society. It is a power that hath no other end but pre- servation, and therefore can never have a right to destroy, enslave, or designedly to impoverish the subject ; the obli- gations of the law of nature cease not in society, but only in many cases are drawn closer, and have by humane laws known penalties amerced to them to enforce their observa- tion. Thus the law of nature stands as an eternal rule to all men, legislators as well as others. The rules that they make for other nations must be conformable to the law of nature, i. e. to the will of God, of which that is a declaration, and the fundamental law of nature being the preservation of mankind, no human sanction can be good or valid against it. " The legislative, or supreme authority, cannot assume to itself a power to rule by extemporary arbitrary decrees, but is bound to dispense justice, and decide the rights of the subject by promulgated standing laws, and known authorized judges. For the law of nature being unwritten, and so nowhere to be found but in the minds of men, they who, through passion or interest, shall miscite or misapply it, cannot so easily be convinced of their mistake where there is no established judge : and so it serves not as it ought to determine the rights, and fence the properties of those that live under it, especially where every one is judge, interpreter, and execu- tioner of it too, and that in his own case : and that he has right on his side, having ordinarily but his own single strength, hath not force enough to defend himself from injuries, or to punish delinquents. To avoid these incon- veniences which disorder men's properties in the state of nature, men unite into societies, that they may have the united strength of the whole society to secure and defend their properties, and may have standing rules to bound it, by which every one may know what is his. To this end it is that men give up all their natural power to the society they enter into, and the community put the legislative power into such hands as they think fit, with this trust, that they shall be governed by declared laws, or else their peace, quiet, and property, will still be at the same uncertainty as it was in the state of nature. " Absolute arbitrary power, or government without settled standing laws, can neither of them consist with the ends of society and government, which men would not quit the free- dom of the state of nature for, and tie themselves up under were it not to preserve their lives, liberties, and fortunes, 288 NOTES, COMMENTARIES, ETC. and by stated rules of right and property to secure their peace and quiet. It cannot be supposed that they should intend, had they a power so to do to any one or more, an absolute arbitrary power over their persons and estates, and put a force into the magistrate's hand to execute his unlimited will arbitrarily upon them. This were to put themselves into a worse condition than the state of nature, wherein they had a liberty to defend their right against the injuries of others, and were upon equal terms of force to maintain it, whether invaded by a single man, or many in combination. " The supreme power cannot take from any man any part of his property without his own consent. For the preserva- tion of property being the end of government, and that for which men enter into society, it necessarily supposes and requires that the people should have property, without which they must be supposed to lose that by entering into society, which was the end for which they entered into it, too gross an absurdity for any man to own. Men therefore in society, having property, they have such a right to the goods, which by the law of the community are theirs, that nobody hath a right to take them, or any part of them from them, without their own consent ; without this they have no property at all. For I have truly no property in that which another can by right take from me when he pleases, against my con- sent. Hence it is a mistake to think that the supreme or legislative power of any commonwealth can do what it will, and dispose of the estate of the subject arbitrarily, or take any part of them at pleasure." 100. Liberty of the Press. The truth of this observation cannot be contested. Even the liberty of the press needs to be moderated by some sound limits ; for that which at first is the liberty of the press, too often degenerates into the licentiousness of the press. This is the reason why all legislators, who surrendered the gift of that inflammable phlogiston into the hands of the people, have soon been obliged to retract it: in the hands of the English only has it been supported for a length of time ; but, " si cetle nation avait encore recu du climat un certain caractere d impatience qui ne lui permit pas de souffrir longtemps les memes choses"* the abuses of the press would be considerably greater than they actually are. Although the British legislators have thought themselves * Montesquieu. BOOK Y. 289 obliged to limit (by a recent law) printed and verbal free expressions, we believe that to appease turbulence they had at their disposal other and better means than the violation of one of their fundamental laws ; as at present, of all na- tions, the English and the daughter country are, from their moderation, the only ones worthy of possessing, unlimited, that golden fruit of liberty. With respect to verbal expres- sions, see Note 165. 101. Justice sacrificed to momentary Welfare. The means of winning the laws through the judges exist in all countries, not excepting the freest; and when these judges are of too high a rank, or too well paid to be influ- enced by bribery, it is done by misleading their views, and by it being represented to them that the security of society partly depends on their judgment ; whereby justice is often sacrificed to general welfare; examples of what we now advance occurred not a century back. 102. Means of Influence. The creation of peers, and the nomination of court func- tionaries, belong to this category, as well as the increasing number of civil servants of government. "In 1847," says a recently published work, " the number of persons employed by the English government in the capacity of civil servants was estimated at twenty-five thousand, with salaries short of three millions. In France, in the same year, the number of employes of the government was nearly six hundred thou- sand ; and as the number of registered electors amounted only to two hundred thousand, it left three places for each voter to aspire to. Here was a resource for influencing the elections, and securing a majority in the Chamber of Depu- ties ! each member in consequence became the centre of a constellation of government dependants, who had bartered the electoral franchise for place and profit." On honour, used as a lever in government, Montesquieu speaks as follows : — " Comme il faut de la vertu dans une republique, et dans une monarchic de Thonneur, il faut de la crainte dans un gouvernement despotique : pour la vertu elle rCy est point necessaire, et Vhonneur y serait dangereux." 103. Liberty of Opinion. Haller here permits the most absolute monarch, Alfred, to defend the rights of the liberty of the press, or rather, (as no newspaper existed in his time,) those of speaking the 290 NOTES, COMMENTAKIES, ETC. truth, and freely expressing one's opinions ; while in the fol- lowing paragraph, (p. 104,) the free-thinking Amund recom- mends some boundaries to that unlimitted liberty. We refer our readers on this subject to Note 100. 104. Limits of the patience of a Nation. It is quite superfluous to cite examples here, the reader will find sufficient ones by looking back into the events of 1848. 105. Fines for accidental words. We rather suspect that when Haller made use of that number he was thinking of the gold mines of Mexico, as those of California were not then discovered. 106. Legitimacy of Insurrection. This medium is exceedingly difficult to find ; for every insurrection, even those against the most despotic prince, is, after all, a criminal action, an attack of individuals against society in general, and the existing laws ; but as the revo- lutionaries, who act from true patriotism, are well aware of their actions, and know that they begin with high treason, and that the result alone can sanction their efforts, they in general believe that the purpose excuses the means ; and as our head must condemn, and our heart defend them, we are glad to find in the following words of Locke a wiser defender than we can, or wish to, pretend to be: — " What then, can there no case happen wherein the people may of right, and by their own authority, help themselves, take arms, and set upon their king, imperiously domineering over them ? None at all, whilst he remains a king. Honour the king, and he that resists the power, resists the ordinance of God; are divine oracles that will never permit it. The people therefore can never come by a power over him, urdess he does something that makes him cease to be a king. For then he divests himself of his crown and dignity, and returns to the state of a private man, and the people become free and supe- rior ; the power which they had in the interregnum, before they crowned him king, devolving to him again. But there are but few miscarriages which bring the matter to this state. After considering it well on all sides, I can find but two. Two cases there are, I say, whereby a king, ipso facto, becomes no king, and loses all power and regal authority over his people, which are also taken notice of by Winzerus. "The first is, if he endeavour to overturn the government* BOOK V. 291 that is, if he have a purpose and design to ruin the kingdom and common-wealth, as it is recorded of Nero, that he re- solved to cut off the senate and people of Rome, lay the city waste with fire and sword, and then remove to some other place. And of Caligula, that he openly declared that he would be no longer a head to the people or senate, and that he had it in his thoughts to cut off the worthiest men of both ranks, and then retire to Alexandria ; and he wished that the people had but one neck, that he might despatch them all at a blow. Such designs as these, when any king harbours in his thoughts and seriously promotes, he imme- diately gives up all care and thought of the commonwealth, and consequently forfeits the power of governing his sub- jects, as a master does the dominion over his slaves whom he hath abandoned. "The other case is, when a king makes himself the depen- dant of another, and subjects his kingdom which his ances- tors left him, and the people put free into his hands, to the dominion of another. For however, perhaps, it may not be in his intention to prejudice the people, yet because he has hereby lost the principal part of regal dignity, viz. to be next and immediately under God, supreme in his kingdom, and also because he betrayed or forced his people, whose liberty he ought to have carefully preserved, into the power and dominion of a foreign nation. By this, as it were, alien- ation of his kingdom, he himself loses the power he had in it before, without transferring the least right to those on whom he would have bestowed it, and so by this act sets the people free, and leaves them at their own disposal. One example of this is to be found in the Scotch Annals. "In these cases Barclay, the great champion of absolute monarchy, is forced to allow, that a king may be resisted, and cease to be a king. That is, in short, not to multiply cases, in whatsoever he has no authority, there he is no king, and may be resisted : for wheresoever the authority ceases, the king ceases too, and becomes like other men who have no authority. And these two cases he instances differ but little from those above mentioned, to be destructive to governments, only that he has omitted the principle from which his doctrine flows, and that is, the breach of trust, in not preserving the form of government agreed on, and in not intending the end of government itself, which is the public good and preservation of property. When a king has dethroned himself, and put himself in a state of war with his people, what shall hinder them from prosecuting him who o2 292 NOTES, COMMENTARIES, ETC. is no king, as they would any other man, who has put him- self into a state of war with them ; Barclay, and those of his opinion, would do well to tell us. This farther I desire may be taken notice of out of Barclay, that he says, ' The mis- chief that is designed them, the people may prevent before it be done,' whereby he allows resistance when tyranny is but in design. Such designs as these, (says he) when any king harbours in his thoughts and seriously promotes, he imme- diately gives up all care and thought of the commonwealth ; so that, according to him, the neglect of the public good is to be taken as an evidence of such a design, or at least for a sufficient cause of resistance. And the reason of all he gives in these words, because he betrayed or forced his people, whose liberty he ought carefully to have preserved. What he adds into the power and dominion of a foreign nation signifies nothing, the fault and forfeiture lying in the loss of their liberty which he ought to have preserved, and not in any distinction of the persons to whose dominion they were subjected. The people's right is equally invaded, and their liberty lost, whether they are made slaves to any of their own, or a foreign nation ; and in this lies the injury, and against this only have they the right of defence. And there are instances to be found in all countries, which show that it is not the change of nations in the persons of their gover- nors, but the change of government that gives the offence. Bilson, a bishop of our church, and a great stickler for the power and prerogative of princes, does, if I mistake not, in his treatise of Christian subjection, acknowledge that princes may forfeit their power and their title to the obedience of their subjects; and if there needed authority in a case where reason is so plain, I could refer my readers to Bracton, For- tescue, and the author of the Mirror, and others ; writers, who cannot be suspected to be ignorant of our government, or enemies to it. But I thought Hooker alone might be enough to satisfy those men, who relying on him for their ecclesiastical polity, are by strange fate carried to deny those principles upon which he builds it. Whether they are herein made the tools of cunning workmen, to pull down their own fabric, they had best look. This I am sure, their civil policy is so new, so dangerous, and so destructive to both rulers and people, that as former ages never could bear the broaching of it, so it may be hoped those to come, redeemed from the imposition of those Egyptian under-taskmasters, will abhor the memory of such servile flatterers, who, whilst it seemed to serve their turn, book v. 293 resolved all government into absolute tyranny, and would have all men born to what their mean souls fitted them, slavery. " Here, 'tis like the common question will be made, who should be judge, whether the prince or legislative act con- trary to their trust ? This, perhaps, ill affected and factious men may spread amongst the people, when the prince only makes use of his due prerogative. To this I reply, the people shall be judge; for who shall be judge whether his trustee or deputy acts well, and according to the trust reposed in him; but he who deputes him, and must, by having deputed him, have still a power to discard him, when he fails in his trust. If this be reasonable in par- ticular cases of private men, why should it be otherwise in that of the greatest moment, where the welfare of millions is concerned, and also where the evil, if not prevented, is greater, and the redress very difficult, dear, and dan- gerous. " But farther, this question (who shall be judge ? ) cannot mean, that there is no judge at all. For where there is no judicature on earth, to decide controversies amongst men, God in heaven is judge : He alone, 'tis true, is judge of the right. But every man is judge for himself, as in all other cases, so in this, whether another hath put himself in a state of war with him, and whether he should appeal to the Supreme Judge, as Jeptha did. " If a controversy arise betwixt a prince and some of the people, in a matter where the law is silent or doubtful, and the thing be of great consequence, I should think the proper umpire, in such a case, should be the body of the people. For in cases where the prince hath a trust reposed in him, and is dispensed from the common ordinary rules of the law; there, if any men find themselves aggrieved, and think the prince acts contrary to, or beyond that trust, who so proper to judge as the body of the people, (who at first lodged that trust in him,) how far they meant it should extend ? But if the prince, or whoever they be in the administration, decline that way of determination, the appeal then lies nowhere but to heaven. Force between either persons, who have no known superior on earth, or which permits no appeal to a judge on earth, being properly a state of war, wherein the appeal lies only to heaven, and in that state the injured party must judge for himself, when he will think fit to make use of that appeal, and puts himself upon it. " To conclude, the power that every individual gave the 294 NOTES, COMMENTARIES, ETC. society, when he entered into it, can never revert to the individuals again, as long as the society lasts, but will always remain in the community ; because, without this, there can be no community, no commonwealth, which is contrary to the original agreement. So also when the society hath placed the legislative in any assembly of men, to continue in them and their successors, with direction and authority for providing such successors; the legislative can never revert to the people whilst that government lasts ; because, having provided a legislative with power to continue for ever, they have given up their political power to the legisla- tive, and cannot resume it. But if they have set limits to the duration of their legislative, and made this supreme power in any person or assembly only temporary; or else, when, by the miscarriages of those in authority, it is for- feited, upon the forfeiture of their rulers, or at the deter- mination of the time set, it reverts to the society, and the people have a right to act as supreme, and continue the legislative in themselves, or place it in a new form, or new hands, as they think good." 107. Non-appreciation of Public Opinion. The legal resistance of the powers joined to the sovereign is, in our times, mostly paralyzed by the majority on the side of the ministers ; and, in parliamentary debates, terminates, ninety-nine times out of a hundred, in pompous words, with- out any result. The observations proposed by the oppo- sition, in the form of amendments, are, if they contain the slightest tinge of blame, suppressed by the majority; and the debates themselves, in which that blame is reported, are probably not read, or even, perhaps, despised by the monarch, as coming from the opposition. The tokens of general aversion are, in most cases, not visible to the prince and his entourage, who generally stand between the people and himself — unless he ranges through the streets unknown, and in disguise, as Peter of Aragon, Joseph II., many caliphs of Bagdad, and other princes from the middle ages till the last century, (this method of discovering the truth has long been out of fashion,) — for the vivats exclaimed by the people on the public appearance of the monarch cannot give a just idea of the affection which the populace bear to their sovereign ; as these exclamations are mostly commanded, or shouted to practise their voices, and would be abandoned by many did it cost them as much as the value of a pint of beer, or a canon of wine. BOOK V. 295 The resentment shown to bad officers is also void of suc- cess, as Us ne s'en soucient pas, and endeavour to remain with their " nichts durchbohrendem Gefuhle " as long as they can in their functions and dignities. Their responsibility to the nation is generally illusive, and their answers to the political questions addressed to them are mostly superficial; having secured the majority on their side, they do not even take the trouble of giving reasonable excuses for the abuses and errors they commit. 108. Limits of Transgression. In Note 106, in which we have quoted an extract from " Locke's Maxims," the limits of transgression on the part of the king, which authorize the people to revolt, will be found; but we are glad to observe that our progress in civilization has advanced so far, that in all the recent events and revolutions, the people were not forced to seek their security in the blood of the tyrants. 109. Tyrants govern by Fear. The action of Charles XII., of writing to his senate that he would send one of his boots to represent him, was fear- fully avenged on himself.* And Montesquieu says that " Lorsque dans le gouvernement despotiqwe le prince cesse un moment de lever le bras, quand il ne peut pas aneantir a. Tinstant ceux qui ont les premieres places, tout est perdu." And the worst is, that a despot cannot stop in his course of tyranny, even if he would. — " Le sophi de Perse, detrone par Miriveis vit le gouvernement perir avant la conquete, parce qu'il n'avait pas verse assez de sang ;" — but as in the hands of Providence all means, even evil, lead to good, — " L'histoire nous dit que les horribles cruautes de Domitien effrayerent les gouverneurs au point que le peuple se retablit un peu sous son regne. C'est ainsi qu'un torrent qui ravage tout d'un cote laisse de l'autre des campagnes ou l'ceil voit * This fact is founded on the authority of historians, who pretend that Charles XII. was killed by his own subjects through the medium of Siquier, his aide-de-camp, a man of spirit and execution, engaged in his service in Turkey, who was particularly attached to the Prince of Hesse ; but it is not unknown to us that Voltaire contradicts this opinion in Siquier's own words: — " J'aurai pu tuer le rot de Suede; mats tel ctait mon reaped pour ce hetus, que si je I'avais voulu,je n'aurais pas ose~." The same author attributes to Charles XII. so many virtues, that we should do wrong to call him a despot, did not Voltaire acknowledge that his justice was sometimes extended to cruelty, and that in his last years, the maintenance of his authority ap- proached to tyranny. 296 NOTES, COMMENTARIES, ETC. de loin quelques prairies." Even in the most recent epochs we have experienced that fear, combined with reason, have fulfilled the difficult task of preventing anarchies, which the latter alone would not have been capable of doing. 110. Functions of the Nobility in the State. We have in a former note spoken of the nobility and their advantage to the state. The British nobility, which form, in conjunction with the bishops of the Church of England, sixteen peers elective for Scotland, and twenty-eight for Ireland, the members of the House of Lords, may be con- sidered as the natural guardians of the constitution, — the hereditary legislators of the land. The perpetuation of property in succession is the most valuable arrangement and most interesting consideration connected with its possession, and contributes most to the perpetuation of society itself. The possessors of family wealth, and of the distinctions which attend hereditary possessions, as most concerned in it, are the natural securities for this transmission. The House of Peers is formed upon this principle : — it is wholly composed of hereditary property and hereditary distinction, and made therefore the third of the legislature ; and, in the last event, the sole judge of all property in all its subdivisions. They are eminently the great council of the sovereign ; and are, as a body, the most exalted and independent in the state. In this house, indeed, is combined all that is illustrious in rank, splendid in talent, elevated in soul, and ample in fortune. No state of things could at once create such an assembly as the British House of Lords. It has been created by a long train of circumstances, over which, as it were, our ancestors had no control — it has grown, as all great institu- tions must, out of the necessity of things — it represents at once the wealth, the knowledge, the honour, and the ancient blood of the country — it may be destroyed, but not created. Fresh blood is constantly infused into the House of Lords from the ranks of the army, the navy, and the law; and under our happy constitution, the humblest man in the realm may aspire to the highest rank amongst the nobility as the reward of his talents and industry. Although confessedly the aris- tocratic part of the legislature, and inheriting all the feelings of their high birth, yet they have never wanted men of the noblest genius, and of the most enlightened and liberal views, who preferred the glory of their country to the elevation of their own order. There was a time, indeed, when the book y. 297 very lustre that surrounded their rank dazzled and over- powered the multitude : but, in these days of free and unrestrained inquiry, the once sacred barrier of rank has been completely invaded and broken through ; and, as is always the case, the triumph in one instance has rendered the whole phalanx less inviolable ; and we every day find their public conduct as freely canvassed and animadverted upon as that of any other individual class in the state ; nor are we left to doubt but that very great advantages are likely to arise from such a scrutiny. It was not desi- rable that the very name, devoid of other circumstances, should produce its effects on the community. This influen- tial body have been taught that title alone, like all other earthly distinctions, is vain, unless allied to more transcen- dant qualities. The attainments of the understanding, and the virtues of the heart, are, assuredly, the only true power. Without these, whatever may be the external splendour of the House of Lords, it must degenerate in its character, and its efforts for good become powerless ; it would sink from its proud elevation and defeat the design for which it was made a constituent part of the legislature. But it must not be so. . Any polished ruffian, dressed in robes, may personate a prince or a nobleman ; but true dignity of mind, integrity of purpose, and purity of manners, united with the endow- ments of the mind, can alone furnish an hereditary legis- lator of England. What, then, if the coronet shines more feebly amidst the blaze of science, the splendour of learning and the diffusion of knowledge, yet there is a vast majority of the thinking and respectable portion of the community who are fully prepared to give honour where honour is due, and in whose eyes the British peer, adorned with the graces of Christian virtue, is worthy of the highest respect and admiration. Nor can one behold, without exultation, the high moral tone and mental vigour which of late years have distinguished this privileged class of society, inasmuch as from this circumstance, we cannot but augur well for the institutions of our country, which, in a great measure, must stand or fall with them: and we may hope that the whole body shall be led to see that their power was not conferred upon them by the Supreme Governor of the world, to foster their own self-indulgence, and to increase their means of gratification, but for the good of the community at large; and that, by befriending the poor, protecting the innocent, succouring the indigent, and, in parliament, defending the rights, and securing the prosperity and happiness of the o3 298 NOTES, COMMENTARIES, ETC. people, they will show themselves worthy of the high trust reposed in them by the constitution. " You do not imagine," says the immortal Burke, "that I wish to confine power, authority, and distinction to blood, and names, and titles. No : there is no qualification for government but virtue and wisdom, actual or presumptive. Wherever they are actually found, they have, in whatever state, condition, profession, or trade, the passport of heaven to human place and power. Woe to the country that would madly and impiously reject the service of the talents and virtues, civil, military, or religious, that are given to grace and to serve it ; and would condemn to obscurity everything formed to diffuse lustre and glory around a state. Woe to that country, too, that, passing into the opposite extreme, considers a low education, a mean contracted view of things, a sordid, mercenary occupation, as a preferable title to com- mand. Everything ought to be open, but not indifferently, to every man : no rotation, no appointment by lot, no mode of election operating in the spirit of sortition or rotation, can be generally good in a government conversant in exten- sive objects, because they have no tendency, direct or indirect, to fit the man for duty. I do not hesitate to say that the road to eminence and power, from obscure con- dition, ought not to be made too easy, nor a thing too much of course. If rare merit be the rarest of all rare things, it ought to pass through some sort of probation ; the temple of honour ought to be seated on an eminence. If it be open through virtue, be it remembered, too, that virtue is never tried but by some difficulty and some struggle Let those large proprietors, such as compose the House of Lords, be what they will (and they have their chance of being amongst the best,) they are, at the very worst, the ballast in the vessel of the commonwealth. For though hereditary wealth, and the rank which goes with it, are too much idolized by creeping sycophants, and the blind abject admirers of power, they are too rashly slighted in the shallow speculations of the petulant, assuming, short-sighted coxcombs of philo- sophy. Some decent regulated pre-eminence, some prefer- ence (not exclusive appropriation) given to birth, is neither unnatural, nor unjust, nor impolitic." Haller gives to the nobility the honourable function of "defending the state," "assisting the king," and averting "from the commoner [the people] all kinds of oppression." We heartily wish that on this last point they may bestow their utmost care and most ardent exertions. BOOK V. 299 ;i Abollissez dans une monarchie les prerogatives des seig- neurs, duclerge,de la noblesse, etdes villes,vous aurez bientotun etat populaire, ou bien un etat despotique" — Montesquieu. 111. Right of every Man to a share of Happiness. The propagation of the ancient principle, " that every citizen has a right to the claim of the utmost amount of happiness being guaranteed him by the constitution, although very seldom acted upon by governments, has, in the latest epochs, provoked many evils. We will rather give up a portion of the little share of happiness allotted by Provi- dence to every man, than preserve it, or acquire it through the false doctrines of socialism, and their application. Where the land is the property of the nobility, and the countryman is merely his farmer, as is the case in England, the latter reaps, perhaps, as much prosperity from the land he cultivates, as the former (we only wish this were the case also in Ireland,) — prosperity to which the free trade system will never present a real obstacle. 112. Landlords and Tenants. At the present time, the commoners would not assist the nobility against the king, as they did centuries back ; and by referring the reader to the former note, we may say, that the commoners are, principally in England, more attached to the royal dynasty than to their own landlords. 113. Justice invested in the Nobility. " The nobility have likewise the administration of jus- tice ;" and even now, the House of Lords is considered the highest course of judicature in the land; and in it all appeals from other courts find their termination. To be a good judge, the title of baron seems to be indispensable, making almost the same impression upon the audience as the large curled wig. Montesquieu says, " qu'il ne suffit pas qu r il y ait dans une monarchie des rangs intermediates ; il faut encore un depot de lois. Ce depot ne peut etre que dans les corps politiques, qui annoncent les lois lorsqu'elles sont faites, et les rappel- lent lorsqu'on les oublie. L'ignorance naturelle a la no- blesse, son inattention, son mepris pour le gouvernement civil, exigent qu'il y ait un corps qui fasse sans cesse sortir les lois de la poussiere ou elles seraient ensevelies. Le con- seil du prince n'est pas un depot convenable. II est, par sa nature, le depot de la volonte momentance du prince qui 300 NOTES, COMMMENTAEIES, ETC. execute, et non pas le depot des lois fondanientales. De plus, le conseil du monarque change sans cesse ; il n'est point permanent : il ne saurait etre nombreux ; il n'a point a un assez haut deger la confiance du peuple : il n'est done pas en etat de l r eclairer dans ies temps difficiles, ni de le ramener a 1'obeissance." The British legislation is in such a condition that it ought to have " un corps (d'armee) qui fasse sans cesse sortir les lois de la poussiere ou elles sont ensevelies" Two hundred and thirty-four Acts of Parliament are now inaccurately called obsolete, but no Act is obsolete until repealed, and any of these two hundred and thirty-four statutes may be put in force by any one choosing to take advantage of them. Seven hundred and eighty statutes have expired, and three hundred and seventy-six have been repealed, and supposed to have been repealed by implication, but of these it is doubtful whether one hundred and forty-two have been so repealed, or are still in force. No lawyer, therefore, nor any judge could tell at this moment whether these hundred and forty- two statutes are or are not the law of the realm. 114. Knowledge of Judges and their privation of Property. When Haller wrote na'ivement " that the judges must be brought up in the knowledge of the laws, and in the research of principles for every case" he did not probably think of the equivocation of his words, which may be taken as irony upon English practice of justice, based on examples existing in a chaos of isolated acts and judgments, and not on a regu- lar code of laws as we mentioned in a former note. " The judge must not be settled in the county, wherein he must likewise not possess any property ;" we must accord- ingly presume, that if he judges in Middlesex, he has his country seat in Surrey, and only possesses a leasehold property, having too much respect for the above maxim as to possess a freehold estate, which would also come too ex- pensive, his income having only been more than doubled from 1792 till 1848. 115. Prerogative of the King. If we are not mistaken, the East India Company share that prerogative with the king on some occasions. It would, however lead us too far from our subject to investigate the pro and con of that maxim. BOOK V. 301 116. Opening and Dissolving of Parliament by the King. The day of the opening of that great convention is fixed by the king, then postponed once, twice, and often three times, till it really takes place with great solemnity and splendour. The crowned head reads aloud a skilfully com- posed harangue, the best quality of which is that it is not composed by himself; but he presides, in fact, full ten minutes over the powers of the realm, unless he prefers fulfilling that solemnity by proxy. On proroguing the Parliament, the formality is repeated, bating the reading of a speech ; but on dissolving it much less trouble is taken, as this is generally merely done by a decree. 117. Degrees of Nobility in England. In Note 110 we have already spoken of the necessity of granting to the nobility the privileges of prolonging, by hereditary right, the prerogatives obtained by their merit. The British nobility possess five degrees, distinguished by the titles of duke, marquis, earl, viscount, and baron. The dignity of the duke is created by patent, cincture of the sword, mantle of state, imposition of a cap and coronet of gold, and a verge of gold placed in his hand. The sword is to remind him that he is bound to defend the crown and his kingdom in time of war ; the crown of gold is a counsellor to the state and kingdom in time of peace ; and the verge of gold is given to him as an emblem of his authority as a legislator. He is styled " his grace," and his eldest son, "lord marquis;" the younger sons only, "lord," and his daughters, "lady." The marquises and earls are created like the dukes, with slight differences in their ornaments and garments. All their sons are "lords" by the courtesy of England; and all their daughters, " ladies." The eldest son of an earl bears the title of " viscount," but the younger sons are but " esquires." Viscounts and barons are made by patents, and the lat- ter sometimes by writ, when called to the House of Lords. Their garments and crests differ somewhat from the former, and their children are without titles. The number of the lords temporal is indefinite, and may be increased at the pleasure of the crown. The sixteen peers chosen for Scotland hold their seats only during the term of each Parliament ; and the twenty-eight peers of Ireland are elected for life* 302 NOTES, COMMENTARIES, ETC. The lords spiritual are the two archbishops and twenty - four bishops of England, and four of Ireland. The right by which the English bishops enjoy seats in the upper house arises from holding, or being supposed to hold, certain baronies under the crown. Two peers are sufficient to constitute a House of Lords ; but as forty are needed to form a House of Commons, we perceive that here quality replaces quantity. This may also account for their sessions being so very short in comparison to those of the commons, in which we are so often obliged to seek " der langen Rede kurzen Sin" Our impartiality compels us to quote the following words from Schomberg's " British Constitution :" — " It is but jus- tice to this noble house to say, that for a long series of years, it has exhibited a degree of liberality, justice, and patriotism, which has never been equalled by any assembly that ever existed. It has never refused to give up the privileges of its members, wherever it has been shown that they stood in the way of public justice. They have, by their own free consent, so far reduced these privileges, that they have now the enjoyment of no more than is necessary for the due maintenance of the constitutional design of their house." 118. Ecclesiastical Power in the British Constitution. As the bishops alone possessed in Alfred's time some of the sciences, other and more weighty reasons have influenced them to preserve the ecclesiastical power in the British constitution; for, it will scarcely be denied that this great institution, the church of England, is a part of it, and as a national establishment it is a bulwark of no common power. " It is worse than trifling to say that it is a creature of the state, or a mere engine for carrying on the purposes of government. It is as much a part of the constitution as the House of Lords or Commons, or even the monarchy itself. It has been said that the state could go on without it : so it undoubtedly would — so it would, without the House of Lords, or even the monarchy. It would go on, because the course of society must proceed. But the question is — how would it go on ? The constitution of England would have lost an integral part of its subsistence. If it be inquired, what part in the constitution it sustains ? — let it be answered, the most beneficial, the most benevolent, the most powerful. The legislative power acts for the general welware, by the enactment of beneficial laws ; the judicial power, by the just application of them ; the executive, by BOOK V. 303 duly and impartially enforcing them ; but the ecclesiastical power, by informing the understanding, enlightening the con- science, infusing the moral vigour of Christianity amongst the mass of the citizens, and training them as candidates for immortality. It is impossible to calculate the influence of such an institution upon all ranks of society : it acts as a consolidating principle: it binds together the different parts of the body politic : it is, indeed, the citadel of the constitution. If God be the originator, founder, and pre- server of society, it is the altar that sanctifies the temple of the social system : it strengthens the throne, nerves the arm of the magistrate, supports the laws, and blesses the people. It has been said that the church is allied to the state — an expression too often used without reflection. It is allied to the state in the same way that the monarchy is allied to the state, or the House of Commons : it is one of the ele- ments of the constitution : it has been argued, that her churches and emoluments belong of right to the Romanists, by whom they were built and endowed. With as much truth might it be said, that the throne belongs to them, St. Stephen's Chapel, and the House of Lords. All have passed through their hands, and for each we have had equally to contend. It has also been asked why the present church, to the exclusion of all others, has been chosen to fill up this part of our constitution ? It is answered — the present church has not been chosen : it is the oldest institution of the country : it existed before the monarchy, or the lords, or commons, or the Popish church : it is nearly coeval with Christianity itself. The church of England we may con- sider as the true apostolical episcopacy, which has devolved to us through successive generations, delivered, at the Reformation, from the abuses imposed upon it during a long season of darkness, and, in a great measure, restored to its pristine excellence and beauty. The present ecclesiastical establishment is, therefore, in its own proper place in the constitution. It is not there by preference : it has usurped no other church : it is not there by permission nor by com- pulsion: it is its own witness — its own legitimatizer : it has fulfilled and is now fulfilling the duties of its function in the constitution, if not with all the efficiency which might be expected from its resources, yet with admirable consistency and advantage to the community. Its Liturgy is above all human praise; and, its enemies being judges, is nearly a perfect composition. But, whilst we hold that the church of England is the national church by ancient prescription 304 NOTES, COMMENTARIES, ETC. and right, yet, as adopted and authorized by the state as the legal organ for the administration of religion, it may be necessary, in a work of this kind, to lay down the argument on which such authority is exercised by the state. The end of government is to secure the existence of the body politic — to protect it, and to furnish the individuals who comprise it, with the power of enjoying, in safety and tranquillity, their social rights and the blessings of conventional exist- ence. This end government effects, first, directly — by pro- viding for the appointment and compensation of public officers in all departments, and for the making and adminis- tering of such laws as bear immediately upon personal security, liberty, and property; and, secondly, indirectly — by conducting such operations and appointing such insti- tutions as shall have a tendency to make men better citizens : facilitate the enjoyment of their rights and property, extend the means of intellectual acquirements, and secure their social intercourse and happiness." The above is quoted from Dr. Schoraberg's "British Constitution;" but it would lead us too far to enter further into the arguments of the reverend author for maintaining that superior power. Whether that superior power should be maintained at so extraordinary an expense by the British nation, we will not take upon ourselves to decide, but content ourselves with some lines from a work by Benjamin Flower, on the French constitution, in which the necessity of a reformation in the church and state is explained : — " The principle articles which we find in the constitution, respecting the church, are those which relate to the property, by which it has been hitherto supported, and to that pro- perty by which it is to be supported in future. " Property, destined to the expense of worship, and to all services of public utility, belongs to the nation, and shall at all times be at its disposal. The salaries of the ministers of the Catholic religion, who are paid, preserved, elected, or named in virtue of the decrees of the National Constituent Assembly, form a part of the national debt. "To those whose minds are not tainted with prejudice, little need be said to prove the justice of the National Assembly on this occasion. If the legislative power of any country forms a church establishment, if the ministers of that establishment are paid like other servants of the public, it follows of course, that the same legislative power has the absolute right to all the public property by which the church BOOK V. 305 is at any time maintained. As this has been disputed, and as the assembly have been much reviled for thus declaring all church property the property of the nation, it may not be amiss if we inquire a little into the nature of ecclesi- astical possessions ; which inquiry may, perhaps, enable us properly to understand the subject. " With regard to the property of the church of France, or any other established church, it may be divided into two classes: the first comprises that part which is immediately paid by the public ; such as tithes, lands, or estates of any kind, appropriated by the supreme power for the main- tenance of the said establishment. As to all this species of property, surely no one can dispute that the same power which gave, has a right to resume it. The clergy in all countries, have done, it is to be hoped, with the nonsense of Jus Divinum, and that they are too wise to talk of inherent right, or to claim any public property, without the express and declared permission of the government they are under. All property granted by the supreme power, for the support of any public body of men, may be regulated, or resumed, just as circumstances render eligible, and no one can with justice complain. All religious establishments are supposed to be formed and continued for the benefit of the people; and that power which has a right to form them, has the right in all respects to regulate them, so that they may best answer the grand end proposed. " The other species of property by which the church has been supported is: gifts or grants from individuals, either in their lifetime, or by bequest after their death. I shall not here inquire (although it may be worth the inquiry) how this property has been in different ages and countries acquired. Everybody knoAvs what an admirable contri- vance the religion of Rome has been for picking of pockets, and for gulling people out of their estates, to the great loss of their families and relatives. Had it not been for our Statute of Mortmain, it was thought the clergy would have shortly been in possession of the greater part of the landed property in the kingdom. Whatever methods were made use of to compel men to part with their substance, I will venture to maintain that this species of property from the moment it was acquired by the church, was public property to all intents and purposes, and that it mingled with the general mass appropriated to one and the same end." Montesquieu acknowledges the benefit of the power of religion in the constitution of the state, and principally in 306 NOTES, COMMENTARIES, ETC. despotic states, in the following words : — " II y a pourtant une chose que Ton peut quelquefois opposer a la volont£ du prince : c'est la religion. On abandonnera son pere, on le tuera meine si le prince l'ordonne mais on ne boira pas de vin s'il le veut et s'U l'ordonne. Les lois de la religion sont d'un precepte superieur, parce qu'elles sont donnes sur la tete du prince comme sur celle des sujets. Mais, quant au droit naturel, il n'en est pas de meme : le prince est suppose n'etre plus un homme." The same author also pretends that the laws of religion correct the inconveniences of the political constitution. He says : — " Ainsi lorsque l'etat est souvent agite par des guerres civiles la religion fera beaucoup si elle etablit que quelques parties de cet £tat restent toujours en paix;" this he proves by examples of the customs of different countries ; of the Greeks, Japanese, Arabian tribes, ancient Germans, &c. ; and further proves that the laws of religion have had the effect of civic laws, before these were established. He next proves that the terrible laws and actions of the Spanish inquisition had their useful side in moderating the power of the despot of that country : — " Autant que le pouvoir du clerge est dangereux dans une republique, autant est il convenable dans une monarchic, surtout dans celles qui vont au des- potisme. Ou en seraient l'Espagne et le Portugal depuis la perte de leur lois, sans ce pouvoir qui arrete seul la puissance arbitraire? Barriere toujours bonne lorqu'il n'y en a point d' autre: car, comme le despotisme cause a la nature humaine des maux effroyables, le mal meme qui le limite est un bien." 119. Occupations of the Nobility. It will, however, be found that the one does not prevent the other, since hunting, steeple chases, and races, (which probably did not all exist in Alfred's time,) form a pro- minent part of the occupations of the nobles. These public diversions have been preserved, and almost encouraged by government, in the political point of view, of favouring the rearing of horses, and movement of money on those days. They probably have no idea of introducing the ancient tour- naments, with the heavy-mailed knight, in place of the races and far-famed light jockeys. They have also rather overlooked the inconsequence of prohibiting lotteries, and permitting sweeps, &c. of the abuses of which we have many examples. The best side of the races is the fraternizing of many members of the aristocracy with the lower standing BOOK V. 307 class in horse traffic, although produced by motives of inte- rest. This amalgamation may be but momentary, but even then it proves useful to society. " Si le faste et la splendeur qui environnent les rois font une partie de leur puissance, la modestie et la simplicite des manieres font la force des nobles aristocratiques. Quand ils n'affectent aucune distinction quand ils se confondent avec le peuple, quand ils sont vetus comme lui, quand ils lui font partager tous leurs plaisirs, il oublie sa faiblesse." — Montesquieu. These principles are followed a la lettre, 8fgT perrot-footmen, 120. Parliamentary Eloquence. Eloquence has been practised in great perfection in modern times, and principally in the British parliament ; and as the memory of the great orators is engraved in every heart, it would be quite superfluous to mention their names. The agitated time of the French revolution of '89 has also pro- duced a number of clever orators ; but the passionate cha- racter of their speeches has contributed to a greater extent to mislead the auditors, than to produce sound and reason- able principles or results. But in the present century, some orators of the French Chamber of Deputies have even sur- passed those of the British parliament. In our opinion, France possesses at present but one clever orator ; he con- vinces by sound reasons and superior eloquence whenever he wishes to do so ; and be it said to his glory, he has had the courage, even in the present year, of being the first to defend moderation, in a time when it was difficult to render the voice of reason audible. English orators prefer to convince by statistical argu- ments, than by clear and sound grounds, and to delude the auditors by a number of figures and returns, often erroneous. Like the French ex-minister, whom we have alluded to above, there is likewise one in England, represented on the right side of our vignette, who also possesses these oratorial quali- ties, and many more than the French ex-minister. He speaks now very seldom ; but when he does, conviction is the result of his discourse. He is now in a passive state, but the power which he has preserved is even greater than that of the active leaders of the rudder of the state. As an example of a convincing harangue, we quote that of Sir Francis Burdett, addressed to his electors in May 1837, which we think it our duty to give in its full extent. 11 1 always was a devoted supporter of the constitution of England, from the deepest conviction that there never was 308 NOTES, COMMENTARIES, ETC. a system of government so admirably balanced as it is — so excellently tempered in every part — so harmoniously com- bining the advantages of every species of government. Many systems of government, it is true, have some particular fea- ture to recommend them; but none of them have that coun- terbalancing power peculiar to our happy constitution : they all have some drawback which renders them inferior to our system of government. Our forefathers, in their prudence, courage, and good sense, erected for us a political fabric of that high degree of perfection which has been considered by the most learned of our philosophers* and statesmen as being the perfection of human policy, but which they considered so difficult of attainment as to be looked upon more as an agreeable dream than of national practicability ; and which, if indeed attainable, could be of no duration. Now, in this great country, not only has such a system of government been carried out, but it has existed among us for six hun- dred years. I admit that we had, as our forefathers had, grievances which had grown up, and which required a remedy : we had the grievance of an imperfect represen- tation in the House of Commons — boroughs were in the gift of individuals who trafficked in them : the remedy for this was a great but still a definite object. It did not involve anything by which all the great and glorious institutions of this country were to be subverted ; but had in view a posi- tive good, and that good within the limits of the constitution, which, indeed, it had in view to preserve and hand down, in all its excellence, and with all its blessings, to posterity, and (as I could wish) to all eternity. I was for that reform. We have attained this great end, and yet there are those who are still crying out for further reform. Their language is still ' Reform, reform, reform ! ' What, have we had no reform? Was the measure of which I speak no reform ? It appears to me that every reasonable man would say, ' Let us, at least, have a little respite after this — let us, after the excitement produced in the course of a protracted struggle for reform, have a little breathing time, and have the pru- dence to see how it may be practically applied to the reme- dying of the abuses, for the correction of which it was introduced.' In explanation of my feelings on this ground, it is quite unnecessary for me to state that I am for the monarchical form of government, in preference to the rule of an elective council, or the control of a chief magistrate. The wisest of men have left it to us as the result of their experience, and the history of elective government confirms- * And also by those of other countries. BOOK V. 309 it, that it is better for the public tranquillity and the en- during peace of the state, that the highest office of the country should not be the object of periodical contention. You hear people frequently talk of the liberty of the United States of America; but I say that the people of that country do not possess anything like that freedom and independence of mind, that toleration and freedom of action, which we enjoy in this country. For here there is no man, however humble he may be, who may not perform any political act not prescribed by the law as prejudicial to his fellow man. As an example of the excellence of our institutions, and the state of civilization in this country, I would direct your at- tention to the gentleman who has come forward as the hero of the radical party, so called, and the advocate of the objects which they have in view, and which they have the effrontery to avow as well, whose co-operation ministers have received with compliance, and, I might add, with thankful- ness. I do not know whether that gentleman's father was the great coach-master ; but if he was, he could not have a better-hearted man for a father. (An elector observed that the person alluded to was Mr. Leader's grandfather.) His grandfather ! I have no doubt that the grandson is perfectly well educated, and fit for any station ; indeed he has already filled the highest station to which an Englishman can aspire — that of a representative of the people ; and the career of a laudable ambition is as open to him as the proudest noble of the country. This is the advantage of being an Englishman, and living under our much-calumniated system of govern- ment ; and yet this advantage is what could not happen in any other country ; but I am proud to say that instances of this nature happen every day in this free country. One of the greatest men now in England, the leading man in the House of Commons, Sir Robert Peel, is another example of what can be effected by great talents, united with activity and perseverance ; and, when people talk of the aristocracy monopolizing all the honours of the country, it is so much stuff and nonsence. When, I ask, did the English aris- tocracy evince fastidiousness, or disdain — or, indeed, when have they refused to associate themselves familiarly with talented and deserving men of humble descent upon such occasions ? There is nothing mischievous in the privileges of the aristocracy: if they have privileges, they were instituted for the benefit of the people at large, and they are necessary to, and congenial with, an enlightened, a free, and liberal government. I therefore maintain that the House of Lords, 310 NOTES, COMMENTARIES, ETC. and their independence and privileges, should be as dear to every friend of England, as are freedom of action and im- punity in the expression of opinion in the House of Com- mons ; and, for my part, I cannot conceive a system of tyranny more terrible than that which will ensue, if the House of Commons had the power and the will to subvert the privileges of the House of Lords. " It has also of late been much the fashion to asperse another venerable institution — that of the national Church of England. Now, I do not believe that so wise, so good, and so liberal a system of religious government, and so free in its results, exists on the face of the earth ; nor is there another set of men in the aggregate — for here and there, as in every other community, bad members will be found — equally numerous, pious, learned, moral, kind, and benevo- lent as the clergy of this country. It is a blessing to the country that so many members of that sacred order are devoted to a country life ; for they impart a blessing to the land — not interfering with any, but assisting the poor with the aids of charity and religious consolation, and delighting the rich by refined companionship and good instruction. I do not know a greater blessing in the country than that derived from the system of the Church of England. Many persons cast an envious eye on the wealth of the church. The church does not appear to me to be over-wealthy ; but I look upon the wealth of the clergy as a fund belonging to the poorest peasant in England, if he manifest a peculiar talent for learning, a disposition for liberal acquirements, and an intellect beyond the common run, might derive the best education. This is another advantage attributable to the pious liberality of our forefathers. I could cite many instances in illustration of this fact, showing how children of the humblest origin have, by good conduct and attainments, raised themselves to the highest stations, after having been educated out of the wealthy endowments of the established church. I should like to know how much better the people would be if the wealth of the church were administered by any other body? A great deal has been said about the self-interestedness of the clergy. But surely they must, as well as other men, take care of their families. They do not put up for that exuberancy of virtue which the Roman Catholic priests profess ; but they spend a great part of their income in hospitality and charity — advancing the pro- gress of science, and encouraging the progress of literature, in several ways. There may be abuses in the church, but BOOK IV. 311 whatever the abuses are they do not harm the people. If the people think that a clergyman can live upon £200 a year, reading prayers every Sunday, visiting amongst the poor, and dwelling in a cottage, they are much mistaken. A clergyman is obliged to fill a certain station, which he never could sustain out of that scanty income. I do not see any good that can result out of so-called church reforma- tion. I do not see what good it has done in Ireland. I am nothing — Mr. Leader is nothing — we are as but straws ; but if the principle which I struggle for should be victorious, you will have achieved a great triumph for the English constitution, and the glorious institutions of the country." Some of the orator's remarks can only be applied to his own time, but others to ours also. 121. Vide Notes 92 and 93. 122. Members of Society are not all alike. Every man in society abdicates the right of being his own governor ; he abandons even the right of self-defence, the first law of nature, to the leader or king whom he has selected. It matters not whether it be a temporary general, or an hereditary king, to whom he gives up the state of equality wherein all the power and jurisdiction is reciprocal, and none have a greater share than another; but like at Rome or at Sparta, the power given to the general ceases after the campaign is over. 123. General Happiness. The maxim of all men having the same right to happiness, founded on the law of nature, has produced great evils from its false application by the socialists ; for the idle cannot pretend to the same share of happiness as the industrious ; and when Locke said, that " Creatures of the same specie and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another, without subordination or subjection;" he at the same time made it evident that this quality of men by nature forms the foundation of their obligation to mutual love, and the duties that they owe one another, from whence is derived the great maxims of justice and charity. This is more clearly expressed by Hooker in the following words : — " The like natural inducement hath brought men to know that it is no less their duty to love others than themselves, for seeing those things which are equal, must needs all have 312 NOTES, COMMENTARIES, ETC. one measure ; if I cannot but wish to receive good, even as much at every man's hands, as any man can wish unto his own soul, how should I look to have any part of my desire herein satisfied, unless myself be careful to satisfy the like desire, which is undoubtedly in other men. We all being of one and the same nature ; to have anything offered them repugnant to this desire, must needs, in all respects, grieve them as much as me, so that if I do harm, I must look to suffer, there being no reason that others should show greater measure of love to me, than they have by me showed unto them ; my desire therefore to be loved of my equals in nature, as much as possible may be, imposeth upon me a natural duty of bearing to themward fully the like affec- tion ; from which relation of equality between ourselves and them, that are as ourselves, what several rules and canons, natural reason hath drawn for direction of life, no man is ignorant." — Eccl. Pol. lib. i. " A state must be formed to make as many as possible happy." This is rather difficult; and mostly so in exten- sive realms. The example that we have given of the little republic of Hamburg cannot be easily imitated in great monarchies, for nature seems very steril in producing men capable of preserving such general happiness; but the question is, what do we really understand by happiness ? Is it the possession of large estates, considerable stocks, vain pleasures, &c. ; or, the acquirement of the necessities of life by constant labour and exertion, and fulfilment of our duty ? In our opinion, those who bear the latter fate are as happy and more so than the former, whom they fatten by the sweat of their brow, and who from their spleen are generally the most unhappy of the two. In this point of view, Eng- land surpasses every other country in the world, for no- where else is there a population so laborious, and who fulfil their duty to their families and the state to such a degree. And if education could reduce the number of idlers and criminals, and their expenses were brought to a level with their income by an improved national economy, England would in reality be the happiest country in the world. 124. Does a Monarch enjoy perfect Happiness ? We cannot understand why Haller, as a philosopher, could commit such an error as to think for one moment that a monarch can enjoy perfect happiness. This he can only after he has returned to private life, and even then we cannot believe that he can be compared to a sage who has BOOK V. 313 renounced all terrestrial enjoyments. No man enjoys per- fect happiness, and least of all a monarch ; and we doubt whether, with all his virtues, even Alfred enjoyed it; for in doing good our ardent desire of doing more than is within our power is continually aroused; certainly it does not appear to be the destination of man to enjoy perfect happiness. 124a. Dignities of the State conferred on Children. We have, in a former note, defended the rights of the aristocracy, and of their privileges by birth ; but never would we go so far as to defend the ridicule and flattery of appointing a child the governor of a province, or an admiral. In a German country, which was not so fortunate as to possess a constitution until 1848, every prince began his military career as a common soldier, and only acquired higher grades by advancement. 125. Men are not all alike. The truth of this thesis has been sufficiently proved by philosophers of all times, and it was a folly of the present epoch that a class of men pretended the contrary. As the qualities and capacities of all men are not alike, we cannot allot them all the same advantages. Men found in wilder- nesses, even under our climate, were not intellectual enough to understand not only human sounds, but even signs, being as shy as they were ferocious. Can we pretend that such beings are equal to civilized men ?* 126. Bomhastical Eloquence. In Note 120, we have acknowledged the advantages of eloquence; but the eloquence of statesmen, based on prin- ciples and realities, cannot be compared to that which merely contains pomp of words, beautiful sentences, com- posed of poetical fiction, and Machiavelian thesis, as were distributed in 1848 by the president of a republic, whose political career was but of short duration. 127. Men rising from common occupations to high digraties. We perceive here that our Swiss author belongs to the aristocracy, and that this was written before the French revolution of '89. Modern times have proved the contrary; and, not to cite many examples, we will only mention Joseph Hume, who was "not prepared by education for politics," • Proved by the savage who was found in the forest of Hanover, and brought to England during the reign of George I. P 314 NOTES, COMMENTARIES, ETC. but has " acquired experience from practice," and is a very useful defender of the people's liberties, notwithstanding his unsuccessful efforts and rhetorical blunders. 127a. The word "Daeia" has here been incorrectly spelt "Datia." We beg the reader will excuse, if in a few instances, such words have escaped the attention of the reviser. 128. Despotism of the People the worst Tyranny. In democracies the people are, according to Montesquieu, k 'A certain egard le monarque a certain autre le sujet;" but if the people forget that both essential qualities must at all times be amalgamated, and will play the sovereign, they are the worst despots that can be imagined ; for their unbounded will, as has been proved by recent events, produces even more evil than that of the worst Koman emperors, not excluding Caligula, Claudius, Nero, Otho, Vitellius, Corn- modus, Heliogabalus, and Caracalla. 129. " Those are real Tyrants who consider their will as the only existing Law" Tyranny has been practised by despots, in republics, where the aristocracy prevailed, and in democracies, where the people overcame every power. But there is another tyranny which we consider no better, but rather worse than these, and that is the tyranny over public opinion, which in former times was practised by the clergy, and principally by the Jesuits, and in modern times by public papers. The power of the press is really greater than any other ; and although it may be checked by newspapers of other tendencies and opinions, government possesses too many means of influencing one or two of the leading papers, thereby obliging the public to share their opinion almost reluctantly. There is one such a paper — the only one in the world — which possesses greater power than either the British govern- ment, the upper or lower house, or any monarch, republic, or even standing army on the globe. Impartiality calls upon us to acknowledge that the independence of that paper, and its immense power, are in most instances employed to defend right, attack injustice, and censure the slightest grievance that may threaten society; but truth at the same time forces us to state that it too often abuses its power, and employs it to overwhelm every opinion contrary to its own design. If we look upon it as a government paper only, its course BOOK Y. 315 may be accounted for; but as it takes the appearance of standing above the government, and having only the general welfare in view, it is the more to be blamed, as its influence is greater ; for it is below its dignity to deafen the ears of the public to truth, and to weaken the sounds of good reason by sarcasm and personality, which it is not their place to be in. If any individual be so unfortunate as to have offended that power which creeps in the dark, and can only be recog- nized by the flashes which it darts against its opponents, it revenges itself most cruelly, and does not cease until it has brought him so low, that he can never more rise. It is that which we call " Tyranny of the Press," and the more so since not only governmental but personal influence can operate upon this power, which " vend son sceptre au poids" What good could such a powerful institution not produce, if, instead of its Machiavelian principles, it only listened to those of real patriotism, right, and humanity ? 130. The King and the People. The sense of the words in italics is but too often forgotten or disregarded by the courtiers and public officers. Every one of them should have them engraved on a plate on his breast, or his arm. In the words " Dieu et mon droit,'''' the comma is omitted. No man can object to a monarch using this device, as implying to adore God and defend his right ; but they should not be united, because the monarch has obtained his right from the nation. 131. Ultra-conservatives. 132. "Every Countryman should work for himself." It is eighty years since those words were written by our German author. What would the condition of Ireland now be had they been appreciated by the Irish landlords and the legislators of Great Britain ? There is nothing new in them, and the thesis or principle is universally known, and was probably originally written more for Germany than for England. The estate holders in Germany and other coun- tries have since become enlightened enough to give up a part of their privileges, and increase their incomes by dividing their property. The same was done in France, and it is to be regretted that, from the blindness of the Irish, who have obstinately resisted every kind of amelioration, and lowered their country to such a degree, the number of crimi- nals is altogether disproportionate to that of the inhabitants. p 2 316 NOTES, COMMENTARIES, ETC. 133. Law of Primogeniture. Haller is here more liberal in his views than Montesquieu, who says that — " Les lois doivent ote entre les nobles, afin que, par le partage continuel de succession, les fortunes se remettent toujours dans l'egaliteV But this he only applies to the aristocracy of a republic like Venice, &c. But of monarchical governments, he says : — " On peut permettre de laisser la plus grande partie de ses biens a un seul de ses enfans : cette permission n'est meme bonne que la." We will not take upon ourselves to decide this question, — "dans une nation ou la republique se cache sous la forme d'une monarchic" 134. Vide Note 114. 135. Leagues may be considered as little States in the Realm. This occurred in Alfred's time, and the physical powers of cities and boroughs were employed to attain that purpose. The same still exists, excepting that other means are applied, and principally that of influencing the public opinion ; for, cotton leagues, shipping leagues, agricultural leagues, chartist, and other leagues form themselves now as then, and combat for their private interests, under pretence of the general welfare. 136. Reformation should be pursued by degrees. All men who have moderated their opinion by study and experience will think, like Alfred, that "most evils should not be removed by a strong remedy;" and that "only a long series of mild measures are necessary to improve the state, without putting it in inevitable danger." But the high officers of government do not, for the most part, remain long enough in their functions to execute these gradual improvements ; even the British minister, whom we alluded to in Note 120, had a too short political existence for his efforts to be justly appreciated ; his successors do not appear to possess sufficient energy, but totter in the execution of their plans, (if they have any,) and notwithstanding their wishes of doing all parties justice, often do too much, and often too little. 137. French Deputies under the last Government. We need hardly observe in what manner a portion of the French deputies were mis-used under the last French BOOK V. 317 monarchy, and were made tools of oppression, instead of being intercessors for the people. 138. Fertile Lands changed into Deserts. It would be doubting the reader's capacities to cite examples of this. 139. Alfred's Registration of Acres. We must here excuse an error which occurred in the fourth line, page 132, herds having been written for hides. This measure of ground is calculated by Spelman as one hundred acres, and by Littleton otherwise. According to the former, the space is so great, that it could not be ploughed in less than one year. According to the latter, it was a space of land that produced enough to nourish a noble family with their attendants. 140. Population of Alfred's Dominions. The figure of six thousand souls, which Haller mentions as having lived in England in Alfred's time, seems rather small, and may be subjected to correction, even if we admit Al- fred's realm to have then been only composed of the counties known under the appellation of Wessex. 141. Origin of Annual Parliamentary Sessions. This appears to have been the origin of the annual sessions of parliament in the autumn ; but the custom has since been for preparatory business alone to be done in par- liament at such epochs, unless the sittings were, as they now are, postponed to the month of January. 142. Voluntary Gifts and Taxes. Voluntary gifts to the crown have taken place both in an- ient and modern times. All good-hearted people are ready to make, at any moment, a sacrifice, when they behold the country in danger. We find examples of this as far back as the time of the Carthaginians : — " In the third Punian war, the Romans claimed all the ships that the Carthaginians had built since the last peace, under pretence of an armament destined for a breach of peace. They gave them up, and saw them burnt before their own eyes. The Romans then ordered them to quit the coast, and to build a new town in the interior of the country, and far from the sea. " The Carthaginians upon receiving this information were 318 NOTES, COMMENT ARIES, ETC. struck with terror; but, rather than accede to this, they unanimously declared themselves for war, with the exception of one of the Suffetians, who was stoned to death. They then resolved to bring all wooden moveables, even furniture and huts, to the docks, to build a new fleet. All the gold and silver, the metal of the grandees, the sepulchral orna- ments of magistrates and heroes, the sacred vessels, the treasures of the temples, the ploughs, scythes, and all spare- able implements were melted and cast into weapons. The whole feminine sex cut off their hair to twist into cords and ropes. All the inhabitants, without regard to rank, age, or sex, contributed every thing in their power to defend their old city." — The Ship : its Origin and Progress. Many instances of similar generosity in modern times, and even the latest epochs, might be cited from the English and other nations, and especially in Prussia in 1813, to free Germany from the French yoke ; and in Paris after the revo- lution of 1 848. It is lamentable that these voluntary gifts are often mis-used ; but such is the lot of all gifts and contribu- tions, whether voluntary or enforced. When society shall have attained such perfection that the amount of all revenues may be considered as well employed, we may indeed pre- tend to have reached the pinnacle of civilization. At present the budget presents heavy figures, unbalanced by light argu- ments, and against which all objections are regarded as chicanery of the opposition ; the questions addressed to the leaders of the state, concerning these expenses, are but vaguely argued. The Chinese, sauvent mieux les apparences, and if taxes are there most strictly enforced, in the four- teenth maxim of the Emperor Kang-he, (in which he recom- mends to his subjects " to complete the payment of the taxes, in order to prevent frequent urgency ;") he gives explanatory reasons of the destination of the taxes, namely : " for the expenses of the salaries of the mandarins, that they may rule our people ; to pay the army, that they may protect our peo- ple ; of preparing for years of scarcity, that our people may be fed ; as these are all collected from the empire, so they are all employed for its use. How then can it be supposed that the granaries and treasury of the sovereign are intended to injure the people that he may nourish himself? Since our dynasty established the tripod until now, the proportions of the revenue have been fixed by an universally approved statute ; and all the other unjust items have been completely cancelled : a thread or a hair too much is not demanded from the people." BOOK V. 319 We will not take trop a la lettre this last promise ; but still find it very condescending of a Chinese despot to express himself in such terms. Our European governors do not trouble themselves so far, but leave us blindly to believe that the revenue of all taxes are well employed. A rule of Montesquieu on taxes, "qu'on peut lever les tribus plus forts a proportion de la liberte du sujet," is exactly followed in England ; and as freedom is very dear to every English heart, we do not mind it so much if it costs a little dear. This spirited author afterwards confirms that maxim as follows : — " II y a dans les etats moderes un dedomagement pour la pesanteure des tribus : c'est la liberte. II y a dans les etats despotiques un equivalent pour la liberte : c'est la modicite des tribus."* 143. Assent to the Annual Budget. We refer the reader to the preceding note, having only to add, that besides some few exceptions of the opposition, the remainder nicken mit dem Kopfe und sagen "„/«." Legion of Officers for collecting Taxes. Haller speaks here of indirect duties and their faults, the opinions on which are divided everywhere. Most of the inhabitants of all countries are inclined towards the philan- thropical system, and believe it would be better for every one to bear a heavy but direct burthen ; for if all hands take up the weight at once, although one may receive a greater and another a lesser share, and the whole weight is the same, yet each thinks the burthen lighter. In England the partizans of each opinion are directly opposed by free trade and protectionists. We, the author, incline neither to the one nor the other side ; we hate, in- deed, the degrading vexations of the customs' officers in all countries, and really think that their power ought to be con- siderably checked, and the duties for the most part lessened, or even abolished, yet our love for truth and impartiality forbids us to admit the following maxims of Montesquieu, which require the greatest attention, and form a considerable weight in the scale on the side of the opponents of free trade : — " L'impot par tete est plus nature! a la servitude ; l'impot sur la marchandise est plus naturel a la liberte, parce qu'il se rapporte d'une maniere moin directe a la personne." He further says, that in despotic governments * In Russia the taxes were very moderate, but they have been increased since the despotism has been somewhat moderated. 320 NOTES, COMMENTARIES, ETC. the prince grants lands to his military and his officers, because he imposes but light taxes. We will pass over this portion, and come to his other remark, which seems to us of the greatest import. " Le tribut naturel au gouverne- ment modere est l'impot sur les marchandises. Cet impot etant reellement pay6 par l'acheteur, quoique le marchand l'avance est un pret que le marchand a deja fait a l'acheteur: ainsi il faut regarder le negociant et comme le debiteur general de l'etat, et comme le creancier de tous les par- ticuliers. II avance a l'etat le droit que l'acheteur lui payera quelque jour; et il a paye, pour l'acheteur, le droit qu'il a paye pour la marchandise. On sent done que plus le gouvernement est modere\ que plus l'esprit de liberte regne, que plus les fortunes ont de surety, plus il est facile au marchand d'avancera l'etat, et de preter au particulier des droits considerables. En Angleterre, un marchand prete reellement a l'etat cinquante ou soixante livres sterling a chaque tonneau de vin qu' il recoit. Quel est le marchand qui oserait faire une chose de cette espece dans un pays gouverne" comme la Turquie ? et, quand il l'oserait faire, comment le pourrait il, avec une fortune suspecte, incer- taine, ruinee ? " We cannot deny that the above maxim, although written a hundred years ago, contains much truth ; but the question is, whether it be really applicable to our time ? We observe that it is a forced and very expensive loan from merchants to government, all kinds of loans bear something pernicious with them, but this, we think, more than any, from the present manner of levying the duties, from the expense of a " legion of officers," and from the small degree of bonne foi trusted to the payers of these taxes. When Montesquieu wrote these lines, he was probably far from supposing that towns would be connected, and the vast distances reduced, by means of railways and steam navigation, and thus many obstacles to the human enjoy- ment of the produce of the globe are removed. Whether such obstacles are favourable to trade in general or not, is a question already decided by economists and men of expe- rience; and if the old school pretends that commerce is favoured by secrecy and obstacles, (as fishing in troubled water,) and that Mercury, its patron, protects it as being placed between bonne foi and fraud ; we have now a better opinion of it, and have experienced that publicity and the removal of obstacles do not injure trade so much as con- servatives fear. Many objections have been made to the BOOK V. 321 cheapness which free trade and abundance produces, and a political one, lately suggested by a talented writer, that " in a heavily taxed country a general rise in price must be a public benefit, and a fall in price a public calamity," requires also some attention : " The value of the annual produce of the United Kingdom, including everything raised or manu- factured by our twenty-nine millions of people, has been recently estimated to amount to about £448,000,000. Assuming our revenue, with all the costs of collection, to be £56,000,000 — and a lower sum cannot suffice for the necessities of the country — then one-eighth of the whole national produce is swept into the imperial exchequer. But, suppose such a general rise of prices to take place, as that the national produce, instead of being worth £448,000,000 in money value, became worth double that sum ; then, as the charge of taxation remained fixed, only one sixteenth part of the produce raised by our toiling millions would go into the exchequer, instead of one-eighth. On the other hand, suppose that, by a general fall of prices, the whole annual produce of the country only realized £224,000,000 in money value, then the the £56,000,000 of taxation would be equal to one- fourth of it. Thus, the per centage charge of taxation becomes heavier as prices decline, and lighter as prices advance." Most of the French papers also pretend, that it is a sound policy to raise legislatively the prices of all things by the operations of the tariffs ; but tariffs only raise the prices of things because they diminish the quantity offered in the market; and ought abundance, indeed, to be dreaded and scarcely to be desired? We shall try to trace this illusion to its source. " It is seen that a man becomes rich in propor- tion as he draws a greater profit from his work, that is to say, according as he sells at a higher price. He sells at a higher price, in proportion to the rarity or scarcity of the kind of product which is the object of his industry. Hence it is concluded that, with regard to him at least, scarcity enriches him. Applying successively that reasoning to all manufacturers and producers, the theory of scarcity is deduced. Hence we pass to the application; and, in order to favour all classes of producers, dearness is artificially excited, the scarcity of everything is brought about by pro- hibition, restriction, the abolition of machines, and other analogous means. The same reason may be pursued in the case of abundance. It is observed, that when any particular p3 322 NOTES, COMMENTARIES, ETC. produce abounds, it is sold at a low price, then the producer gains less. If all producers are in the same situation, they are all miserable ; it is their abundance which ruins society. And as all conviction seems to be embodied in fact, it is seen that in most countries the laws of men are opposed to the abundance of things. This sophism, if clothed in a general form, would, perhaps, make little impression ; but applied to a particular order of facts, to such or such branch of industry, to any given class of producers, it is extremely specious, which may be thus explained. It is a syllogism, not false, but incomplete. But whatever there may be which is true in a syllogism, is always and necessarily present to the mind. On the other hand, incompleteness is a negative quality, an absent datum, which it is very possible, and even very easy, to hold of no account. Man produces in order to consume. He is at the same time a producer and a consumer. The reasoning which I have just esta- blished considers him only under the first of these points of view. Under the second, we should have arrived at an opposite conclusion. Might it not in truth be said, — the consumer is inasmuch more rich, as he buys all things cheaper; he buys things cheaper in proportion to their abun- dance; their abundance enriches him; and this reasoning, extended to all consumers, would conduct to the theory of abundance. It is the imperfectly comprehended notion of exchange which produces these illusions. If we consult our personal interest, we distinctly recognise that it is two-fold. As sellers, we are interested in the dearness of the article, and by consequence in its rarity; as buyers, in a cheap market, or, what is the same, in the abundance of things." We have extracted the last paragraph from the articles on scarcity and abundance, in Mr. Potter's clever trans- lation of M. Bastiat's " Sophismes Economiques ; " and we regret that our space does not allow us to give more of that article. We will therefore merely add Mr. Potter's note on the same : — " The error into which the author has here allowed himself to fall, is beginning to be understood in England, where large profits are made by means of low prices. It is found that greater gains are made by catering for the million, than by providing for the demands of the affluent. Weekly journals, which if sold at prices until lately general, would certainly not pay their expenses, are made to yield handsome incomes to all connected with them, when sold at prices that bring them within the reach of the many. For the extensive application of this discovery, which book v. 323 is not now confined to matters of literature, but is fast being extended to a great variety of objects, in a way that adds most importantly to the comfort and enjoyment of the labouring classes, we are under much obligation to the Messrs. Chambers, of Edinburgh, and to the able and inge- nious publisher of the ' Penny Magazine.' " Mr. Potter further says, in his note : — " We cannot sim- plify and cheapen any article of use or consumption without adding to the sum of human enjoyment. Even in the case, if any such case can be found, of articles, the use of which cannot be increased by making them cheaper, the consumer will, when they shall be cheaper, have greater means left at his disposal for procuring other objects of desire, while the capital of the producer will be in part set free, and will be employed for the preparation of the increased quantities of objects so demanded."* 144. Right of levying Taxes vested in the House of Commons. According to this principle the House of Commons pos- sesses entirely the means of granting supplies for the public service ; and from this important privilege a truly gigantic power is intrusted to them (on which, indeed, hangs the great balance of the constitution,) — the sole right of levying taxes, and supplying subsidies to the executive. It is known that every bill, whether private or public, which has for its object the raising of money, must originate in the House of Commons ; and whatever bills of this nature are sent up to the House of Lords, the Lords are only allowed simply to reject or to pass them. This power has come to be invested in the Commons, not from abstract theory, or by the abgregation of reason, a priori ; for it is very difficult, indeed, to show its consistency with the general principles of the law of nature, or with the deductions of reason; but it has intermixed with the consti- tution in the course of its experimental working. It cannot arise from the circumstance, that the money is voted by the Commons independent of the Lords ; for the taxes are supplied from the whole property of the kingdom. The Commons do not furnish the supplies, and have no power whatever to collect them : this rests with the executive ; but it has been found expedient, in the practice of govern- ment, that the power of measuring the expenses of the • We beg the reader will decide whether it is better to have cheap or dear productions, as we are not convinced by either of the arguments. 324 NOTES, COMMENTARIES, ETC. state, and voting the amount proper for sustaining the different branches of public management, should rest in one assembly, in order that no dissension may arise on a subject which might clog the wheels of government by delay. No question can arise with the Sovereign or Lords as to the supply being too much or too little ; the vote of the House of Commons at once decides the amount; and thus the money transactions of the state proceed with regularity and despatch. This high trust has been confided to the House of Commons undoubtedly for the benefit of the whole nation, and not for the purpose of being converted into an engine of destruction to the other branches of government. In confiding this trust, the constitution has not left it with them to decide as to whether there shall or shall not be a supply, but, generally, to say what shall be the amount of that supply. This power is very properly vested in the elective body of the legislature, because it represents all the interests of the community, and must be supposed to have the closest sympathy with the various classes of society, and not so easily to be influenced by private motives : but, though the elective body be thus distinguished, it has no legal warrant or moral power, by the exercise of it, to contravene the laws of the constitution under which they have been elected. They have no more power to refuse all supplies than they have to declare the constitution to be at an end. They are the assessors, in many cases, within certain limits, and, under particular statutes, of the compensations and payments to be awarded and paid to public functiona- ries, in order that the existing authorities may not lack the immediate means of carrying on the affairs of the country to the country's honour : but to refuse any part of these means, for the purpose of coercing the constituted autho- rities into measures in no way connected with the monetary affairs of the state, would be a high crime and misdemea- nor in law, and a gross fraud and malversation of autho- rity in conscience. 145. Burden shaken from one to another. If this hypothesis be true, it is not astonishing that most of the aristocracy are conservatives ; but a recent case has proved that their resistance to all great measures for the welfare of the state is very moderate, even if such mea- sures have not won their approbation. They hate disunion and political changes, and therefore yield when necessity requires. book v. 325 146. Revenue of the Church. We beg to refer our readers to some former notes on this subject 147. Subjection of all Ranks to Taxes. Some examples in executions for poor-rate prove that persons of the highest rank are subjected to that rule. 148. Proportion of Taxes. The proposition of Amund seems at first sight somewhat paradoxical, as the state needs in time of war greater sacrifices than in time of peace; and were that not the case, the national debts of most countries would not be so augmented as they actually are. But probably he set out from the principle, that in time of war the incomes of in- dividuals are considerably less than in time of peace ; and on that account the equilibrium which a man can bear is re-established. We are, however, very glad that Amund is satisfied with the twentieth, and, at most, the tenth part of the public income ; for if we calculate all the direct taxes that every man is obliged to pay to the state by indirect ones, (which it would be superfluous to enumerate,) we can boldly assert that he pays to the state half his income. There would be no harm in it if those forced gifts were only well employed. But as it is, we are reminded of the paternal Chinese imperial edict, which says — "That the taxes should be paid at the term, and a man should not want to be urged ; then you may take what is over and nourish your parents, complete the marriage ceremonies of your sons and daughters, satisfy your morning and evening wants, and prepare for the annual feasts and sacrifices." In the amplification of that maxim in the sacred edict, the matter is not more plausibly explained : — " It is neces- sary that you first complete the payment of your taxes, and with the little money which you have over you may buy some good things, by which to manifest filial piety to your parents, the authors of your life ; and to show your affection to your brothers and sisters, who lay in the same womb, and sucked the same breasts. Again, you may also be able to complete the great things, viz. the marriage of your daughters and sons ; your own daily food and clothing, and the [ceremonies of the] times and seasons. All these you may be able by degrees duly to regulate." Englishmen pay taxes, and then take what is over ! 326 NOTES, COMMENTARIES, ETC. 149. Illusive freedom. " The free German [the descendant of the German] will not be bound." He consequently likes to bear iron fetters enveloped in flowers. He willingly gives, and more than he ought, to society, imagining that he is free ; and if this illusion makes him happy, why should we deprive him of it? 150. Foundation of the British Constitution. We have in a former note already explained the basis and most important pillars of the British constitution, which consist in the application of that principle. 151. Reforms in Legislation. About the end of the last century, Romilly, Bent-ham, Mackintosh, Michael Angelo Taylor, and other reformers, proved that the laws of England were not what they assumed to be. In 1828, Lord Brougham, in a masterly address, brought the subject of legal abuses before parliament; and that extraordinary effort of luminous and convincing elo- quence proved not wholly fruitless to the nation. The author lived from that time mostly in England, and what he saw, heard, and experienced in law matters, has convinced him that nothing essential has been done in the way of reform. Certainly, if a foreigner, after reading Blackstone, was informed that the judges of England met together on cer- tain occasions, to discuss questions so difficult, as to be reserved for their united wisdom, he would form to himself a notion of all that was most wise, venerable, and imposing. At such a gathering of sages, he would naturally think must be congregated all that practical wisdom, the fruit of grey experience and exact theory, the result of long and intimate acquaintance with the treasured wisdom of ages, that could bear upon the conflicting and shifting phenomena of life. At such a meeting, all the great doctrines upon which the fabric of society, whatever be its form, must ultimately rest, must needs be sifted, examined, and illustrated. But great would be the disappointment of the stranger when he learned that the time of so august an appeal has been wasted in discussions of trifling objects in the form, and not in the spirit of the law. The new example of late court-sittings attests what an uncertain lottery the British judicature is ; how the innocent may be punished, and the guilty escape, under favour of a system, in which the worst precedent often overrules all reason, and retards all justice. But cruelty, delay, and uncertainty, are not the only public book v. 327 hardships resulting from the retention of old laws, usages, forms, and obsolete or questionable institutes. Other evils, moral as well as legal, flow from the same deleterious source. Oath-making, affidavit-making, solemn affirmations of reli- gious belief, declaration against bribery at elections, or on the property qualification of members of parliament, against corruption in the disposal of civil offices of East India patronage, against the supremacy of the pope, and in favour of the Protestant succession and the Protestant Church establishment, — all these, in many cases, are held to be forms only, but they are pernicious forms, the superfluous observance of which has tended to undermine the security of public and private transactions, and impair immeasurably the general integrity and veracity of the community. We therefore heartily wish that Amund's observation may be appreciated by those whose occupation it is to give laws to the country. 152. Obedience to the Laws. We are convinced that there is no country in the world where the prescription of the laws in general are more obeyed and considered than in England. The great number of criminals must here be set aside, and cannot be opposed to our observation, which concerns civil rights and peaceable men, who acknowledge their laws are made to be obeyed; while in other countries they are partly considered as having been made to be evaded : and it is the more astonishing, since most of the inhabitants of Great Britain confess that the existing laws are not satisfactory, and their application still less so. The middle classes, who often speak "wie ihnen der Schnabel gewachsen ist" say, " I don't like law ; I hate lawyers, &c." because they know but too well the abuses of the law, and have not judgment enough to have the inner conviction that the "laws are also salutary to the individual bound by them." 153. Men should moderate their desires. It is very difficult to convince man that " the fulfilment of his desires will but make him unhappy." Many philo- sophers pretend that men in a state of nature are inclined to evil. Others, that they are timid; and others again, like Hobbes, that their natural state is that of war, and that they are inclined to subject each other. It is only by education that they can be brought to conquer their passions ; and to attain this, the most effectual education is that which Rous- seau has employed in his " Emile " — experience. It is only 328 NOTES, COMMENTARIES, ETC. by experience, and sometimes by very hard experience, that man learns that " the fulfilment of his desires will but make him unhappy." 154. Punishments must be mild hut inevitable. How can the punishment be inevitable when the con- clusion of law-suits are enigmas, even to the most experienced men ? The punishment for capital crimes is known by all ; but those of a lesser degree vary in countries where no positive code exists, as we have already mentioned, according as the case may be considered by the judges. As concerns the mildness of punishments, we have already given our opinion in a former note. 155. Public Appointments obtained by favour. We here perceive that liberties, privileges, and licenses could only be obtained by the commoners ; but as appoint- ments are granted by the crown, and most of its officers, that law is paralyzed ; and we boldly ask, whether favour does not often displace merit? To give examples of this is not our task. The British constitution itself possesses a remedy in the stipulation that the sovereign may create new offices, and affix new titles to them, but cannot create new fees for their support ; nor can the crown annex new fees to old offices, as this would be a tax on the subject, which cannot be imposed but by parliament. 156. Privy Council. The sovereign of Great Britain is assisted by the privy council, of which the number in ancient times was limited to twelve ; afterwards it increased to so large a number that it was found inconvenient ; and in the reign of Charles II. its number was limited to thirty; but since that time the number has been gradually augmented, and now continues indefinite. As it is evident that among so many secrecy and despatch could not always be secured, nor responsibility effectually exacted, the sovereign is advised and attended by another council, the members of which, ex officio, are members of the privy council, and which is " The Cabinet Council." The eminent individuals who compose this council are intrusted with all the important affairs of government, both domestic and foreign, and with the highest administrative power in the state : hence, with their colleagues in office, it is called BOOK V. 329 "The Administration." The members of this council receive their appointment from the prime minister, who is selected by the sovereign, and empowered by royal autho- rity to form the council and the whole administration, by choosing such individuals as coincide with him in prin- ciple, and who are likely to co-operate with him in carrying out the system of government which he has adopted. 157. Surveyance over Counsellors. This surveyance over the counsellors of the king is not always effectual in its practice, as they seldom render an account of their actions until it is too late to repair them ; and the representatives of the people must very often be satisfied with being informed that the matter is not ripe for communication : but even that responsibility is a check to their unbridled will, and, in some cases, does not fail in it? result. 158. Voice of the People. It is very difficult for the sovereign to discover what the " voice of the people " really signifies. Public addresses to the monarch or his government are for the most part con- structed by some leader, bearing the signatures of a great number of individuals, who cannot be considered as compe- tent in the matter, and with whom quantity cannot replace quality. But it is, at the same time, very unpopular to ridicule such addresses, even if they are " monstrous." The right of openly speaking and petitioning should never be oppressed, not even in a critical moment Speaking, though ever so free, is not a crime, unless accompanied by action. " Les paroles," says Montesquieu, " ne forment point un corps de delit, elles ne restent que dans l'idee. La plupart du temps elles ne signifient point par elle-memes, mais par le ton dont on les dit. Souvent, en redisant les memes paroles, on ne rend pas le meme sens : le sens depend de la liaison qu'elles ont avec d'autres choses. Quelquefois le silence exprime plus que tous les discours. II n'y a rien de si equivoque que tout cela. Comment done en faire un crime de lese-majeste ? Partout oh. cette loi est £tablie, nonseule- ment la liberte nest plus, mais son ombre meme." . . " Les actions ne sont pas de tous les jours, bien des gens peuvent les remarquer ; une fausse accusation sur des faits peut etre aisement eclaircie. Les paroles qui sont jointes a une action prennent la nature de cette action. Ainsi un homme qui va dans la place publique exhorter les sujets a la revolte, devient coupable de lese-majeste, parce que les paroles sont 330 NOTES, COMMENTARIES, ETC. jointes a Taction et y participent. Ce ne sont point les paroles que Ton punit, mais une action commise, dans la- quelle on emploie les paroles. Elles ne deviennent des crimes que lorsqu' elles preparent, qu' elles accompagnent ou qu'elles suivent une action criminelle. On renverse tout, si Ton fait des paroles un crime capital, au lieu de les regarder comme le signe d'un crime capital." " Les ecrits contiennent quelqe chose de plus permanent que les paroles ; mais, lorsqu'ils ne preparent pas au crime de lese-majeste ils ne sont point une matiere de lese-niajeste." Satirical writings and caricatures, even if personal, are not considered as libels in England, for the political motive, that they are usually directed against the powerful, that they natter general malignity, comfort the discontented, lessen the desire for high offices, and impart such patience to the people as to make them laugh at their own sufferings. 159. Use of the rejecting power of a King. This right has lately been used (or abused) by an Euro- pean monarch ; and although it may be contrary to the opinion of philanthropists and philosophers, we wish that this remedy, perhaps an evil of itself, would be sanctioned by success in appeasing the disordered states of Germany, and the re- mainder of Europe. But monarchs and ministers have no right to oppress liberty, even for the purpose of maintaining peace and preventing anarchy. All good-hearted men will, however, rather suppress their feelings and give up some of their privileges than favour the latter. 160. Influence practised on Electors. We do not see how this can be prevented, since the speeches and letters of candidates to electoral bodies are so very frequent and lead to so many abuses. They flatter the electors, confess principles which their hearts are not at all disposed to follow ; and if they happen to be at the same time members of the government, they promise heaven and earth, golden mountains, and arcadian felicity; and, after all, generally " strive more after their own aggrandizement than that of their country." 161. Such an honest Man, who supports with patience the loss of the esteem of his Party, exists even now. The deputies of our time do, for the most part, the con- trary to that which Alfred feared. Their electors have little power over them, and they strive more after the BOOK V. 331 applause of the premier than after that of the people. But modern history has shown to us in other countries many " honest men who opposed themselves to the imprudent will of the misled people," and to them may be attributed the restoration of peace. 162. Do Representatives strive to increase their power ? This also took place lately in other countries, where the constitutions were but shortly established. The young deputies were not cool enough for their functions, and lost their newly acquired right by requiring too much. The British representatives consequently keep to the opposite extreme, and require too little. 163. Mischief caused by the power of the People. Example: The 1st of June, 1848, in Paris; Rome in 1849; and the errors and crimes recently committed in many other cities and countries. 164. Deputies and their Electors. The "honourable member for " is an expression adop- ted in parliamentary debates, instead of the personal name of the member,which should be abolished, because it is quite useless to remind a deputy at every opportunity that he has been elected for such a county, town, or borough, as he is considered more as the representative and defender of the rights of the nation, than of those who elected him. Once elected, the power of the electors is no more until a new election takes place : this point of view, which we think is the right one, cannot be brought too often before the notice of the members and the electors. 165. Members of the Opposition. The opposition is generally composed of troublesome citizens, whose motives we may, however, consider as very laudable, when they only " disdain the good because it is not the best." Such men should not be morally killed by sarcasm, even if they do not succeed, and are overpowered by the majority. Great Britain possesses two of them at present, of whom one has acquired an undoubted claim to our esteem by his seniority, and the other, although somewhat of a charlatan, has still done much good. British tyranny, to which we have alluded in Note 129, has adopted a bad system : it does not wait until a man has spoken, in order to oppose and ridicule his speech, but does 332 NOTES, COMMENTARIES, ETC. it even before he has begun. This was the case on the occasion of the motions of the old and of the young member. With the first it did not disdain to give some grounds ; but with the latter it threatened " with the writ point of the sheriff's officer, the truncheon of the police, and a body of men in scarlet garb with glittering steel ;" but at the same time it advised him not to meddle with that matter, stating that it was of no use — " de faire sur tout un bruit d^mesure, Un mechant million, plus ou moins devore, Voila-t-il pas de quoi pousser des cris sinistres ! Mon cher, les grands seigneurs ne sont pas de vos cuistres. lis vivent largement. Je parle sans ph£bus. Le bel air que celui d'un redresseur d'abus Toujours bouffi d'orgueil et rouge de colere ! Mais bah ! vous voulez etre un gaillard populaire, Adore des bourgeois et des merchands d'esteufs. C'est fort dr61e. Ayez done des caprices plus neufs. Les interets publics ? Songer d'abord aux votres. Le salut de l'Espagne est un mot creux que d'autres Feront sonner, mon cher, tout aussi bien que vous. La popularity ? C'est la gloire en gros sous. Roder, dogue aboyant, tout autour des gabelles ? Charmant metier ! je sais des postures plus belles. Vertu ? foi ? probite ? c'est du clinquant deteint. C'etait us£ deja du temps de Charles -Quint." — [Ruy Blas.] 166. Recent Proposals made to Government Amund says here, that " the murmurs of the unreasonably discontented are certainly acts of ingratitude against a good king ; but it were far more dangerous," continues he, " to attempt stifling the voice of the people ; it is the path by which truth gains admittance to the throne ; it is a warning call of Providence, which reminds the prince not to pursue the wrong course he has entered." That warning has been disregarded by most of the Euro- pean governments, and has consequently produced the un- fortunate conflicts which every feeling man must deplore. By applying it to England we find that sufficient attention is not even paid to the voice of the people. We will not pretend that the expressions of the Peace Society, the meet- ings at Manchester, and elsewhere, are the voice of the whole nation ; they were merely brought forth by some ambitious leaders. Nevertheless, as the proposals of the individuals who represent that part of the nation are patriotic and book v. 333 peaceful, they should not be looked upon with contempt, by tyrannical papers. We will admit that one of these proposals is erroneous in its form, and that the new scholar in diplomacy is not able to prescribe the steps which experienced diplomatists should follow ; but, considering the purpose by itself, which is to produce and maintain peace, and to reduce standing armies, whereby the burthen of nations may be lessened, it is the most laudable object that policy can attain. 167. Majority and Minority. The actual position of the commoners with government resembles a strong tissue, wherein the commoners represent the double web, and the government the woof. One por- tion of the web is the majority, and the other the minority ; but the strong thread of the woof passes between the two, and imparts strength to the tissue. This metaphor is the more applicable, since the threads of the upper and lower web remain united in one constant direction, except when one of them perchance departs from them. Just the same may be said of the majority and minority, who always remain stationary in their number Their voices do not move from their party, even for the best and most patriotic motions, which have nearly always the same result, in being adopted or rejected, a system which alone can excuse the late unparliamentary expression, of a very honourable mem- ber who found that "he was sold." 168. Reform of Representation . The Reform Act, 2nd William IV., c. 45, orders, " That no person shall be entitled to vote for a county member, in respect of any freehold, who shall not be in actual occupa- tion of the lands or tenements, unless such lands, &c, have come to hiin by devise, marriage, or promotion to any bene- fice or office ; or unless they shall be of the clear annual value of £10 above all charges to which they may be liable." The privilege of voting is extended to copyhold property on the same conditions as to holders of freehold property. The existing rights of forty-shilling freeholders are secured. The elective franchise is also extended to every person holding Lands or tenements, as lessee or assignee, originally created for a term not less than sixty years, on the same conditions as to holders of freehold or copyhold property ; and this privilege is further extended to lessees or assignees for a term not less than twenty years, provided the property 334 NOTES, COMMENTARIES, ETC. shall be to them of the clear annual value of .£50. Mort- gagees are entitled to vote if they be in actual possession, or in receipt of the rents and profits of the estate. But, if such property gives a right to vote in the election of a member or members for any city or borough, it dis- qualifies the person, whether he be a freeholder, copyholder, lessee, or mortgagee, for voting for a county member. It further enacts that every such person intending to exercise the elective franchise for such property must be duly registered ; and that in respect to lands or tenements of freehold, copyhold, or customary tenures, the individual must have been in possession, or in the receipt of the rents and profits, for six calendar months previous to the last day of July in such year, in order to registration ; and that no individual shall be registered in respect of lands or tene- ments, held by him as lessee or assignee, who has not been in possession, &c, for twelve calendar months next previous to the last day of July in such year : but this enactment does dot extend to any lands or tenements which would otherwise entitle the owner, holder, &c. to vote in any such election, which shall come to any person at any time within such res- pective periods of six or twelve calendar months by descent, succession, marriage, devise, or promotion to any benefice or office. With respect to the election of members for cities or boroughs, or any place sharing in the election for cities and boroughs, the elective franchise is extended to every indivi- dual who occupies, as owner or tenant, any house, ware- house, counting-house, or shop, of the clear annual value of £10, provided he shall have been in possession twelve calendar months, and resided in the city or borough six months next previous to the last day of July in the year in which he tendered his registration. Nor is it necessary that it should be the same house, &c, but different premises in immediate succession will entitle him to vote. But the act provides that every person enti- tled to vote for the member or members of any city or town, being a county of itself, shall in future be entitled to vote, provided he be duly registered, and if in the receipt of the rents for twelve months from 31st of July. The existing rights of freemen are reserved, but they must be resident six months. The reason assigned for requiring any qualification in voters with regard to property is, to exclude all those persons who are in so dependant a situation as not to be in a position to exercise a will of their BOOK V. 335 own. This would necessarily place them at the disposal of others, and an ambitious and wealthy man, by an improper influence, might obtain a larger share in elections than might be consistent with general liberty. "We do not, how- ever, altogether acquiesce in the validity of this reason; for, if this were the ground upon which the limitation of suffrage proceeded, nothing is more evident than that it ought to be curtailed within a much narrower boundary. Votes never have been and never will be independent to a very great degree. We should rather conceive that it arises from the necessity of controlling the natural right to bring it into a just accordance with social right. The natural rapacity of man is to possess himself, when he stands in need, of the property of others. In society the majority are poor, and there is a natural tendency in the mass of every community to possess themselves of the property of the wealthier classes. If this natural bias be not repressed, it will overflow, to the ruin of society. But, if there were no qualification, it is easy to perceive that numbers would prevail, pursue their natural bias, and trample on social law. At all events, all popular governments have been obliged to resort to some standard of qualification. The British constitution steers a middle course between the two ex- tremes of numbers and property ; and, in adhering to it, our safety depends. Other forms of representation have lately been demanded for Great Britain. We will not permit ourselves to give a judgment in so difficult a subject, which requires to be studied for life-time, and must confide in the enlightened reasons of members who have had forty years' experience in parliament. General suffrage now admitted in various countries should be rejected ; as the people may be easily misled, and experience, which imparts to them moderate opinions, is sometimes purchased at great sacrifice. How- ever we hope that British legislators will discover when this question comes a Vordre du jour, the right ways and means of complying with the wish of the nation, in the best and most peaceable manner.* * In a little work which the author has under his pen, (but not intended for England, being in a foreign language) he endeavours to explain his opinion that the people might be represented in a different manner than that based on landed property and income. It is true that land has been, and is still, the greatest and most real scale of property ; but many others have, in modern times, competed with it, as we have already said : as manufactures, ships, mines, railways, &c, which all now represent almost as secure property as land. We have seen that in times of general distrust the value of estates diminished momentarily in the same proportion, and 336 NOTES, COMMENTARIES, ETC. 169. Happy situation of Great Britain. Great Britain enjoys that fortunate situation, and stands higher in that respect, than any other nation. The character of its institutions has been fearfully tried, and their worth triumphantly established. Exterior enemies will never find a faction to trouble the country ; and there is no fear of an attack from abroad, even in such an improbable case, means of defence would be speedily found, without having so great a number of armed vessels and scarlet garbs ready. 170. Question of Short or Long Parliaments. Amund rejects here the election for a short period, but admits those for three or for seven years. This is a question of the present day, and requires great consideration. The short duration of one year is, at all events, rejectable, even if it be for the pompous and illusive dignity of a lord mayor, the maintenance of which is an honourable tribute of the aristocracy to the citizens ; and its sudden change has, per- haps, been introduced, in order that every alderman may be able to enjoy that momentary grandeur ; but the good that such a magistrate could produce, if his functions were greater than those of a magistrate in a police court, and a host of public dinners, and if he remained longer in office, and were, from longer study and knowledge, the true represen- tative of the citizens, is extinguished by his short duration as lord mayor. As regards the three and seven years' par- liament, the advantage of the shortest period would be that almost more, than other goods and chattels. The mentioned opinion of the author is, that representation might be effected as well by the corporations of the different branches of industry, namely, by " labour ;" of which Locke explained one hundred and fifty years ago, that " of the products of the earth useful to the life of man, nine-tenths are the effect of labour : nay, if we will rightly estimate things as they come to our use, and cast up the several expenses about them, what in them is purely owing to nature, and what to labour, we shall find, that in most of them ninety-nine in a hundred are wholly to be put to the account of labour." The author has also endea- voured to show in what way the bodies, which should represent the general industry of the country, should be formed. This does not imply that the army, the navy, the clergy, and the fine arts, should not likewise have their representatives. But with respect to industry, he developes at the same time the principle that " every individual who enjoys a revenue, or a function in any manufacturing, or railway establishment, whether as proprietor, manager, administrator, or shareholder, should be considered as a member of a " Poly- technic Confederation," towards the prosperity of which he should contribute (besides his other duties as a citizen,) a portion of his intelligence as well as of his fortune. Every one of these individuals who occupies a lofty position, should descend some degrees in order to raise his subordinates nearer his own station. This would constitute real fraternity, without abolishing sub- ordination." But protesting against any idea of modern socialism, the author also fears that his project would not sound well to the ears of the British industrial aristocracy. BOOK V. 337 the electors might change their representatives sooner than at present if they found them not fitted for the task intrusted them. But, again, it should be considered that every func- tion must be studied and practised. A member who is not fitted for parliamentary purposes in the first or even in the second year, may acquire the necessary qualities in the course of a longer period, and then develop his hitherto un- known talents. As parliament assembled at the end of the mournful year 1847, the result of their very long session was very little. In the present session, more active spirit has been developed, and praiseworthy attempts for the general welfare made. If such men were longer in function, the golden time of British parliaments might return with Perei- vals, Wilberforces, Burdetts, &c. ; but if they are altered after a year's time, it will really be a pity for such eminent talents as the above to be stifled at their birth, and a new education of members to be made. 171 and 172. Representatives should be worthy of sitting at the Rudder of Government. The time which Alfred prophecied arrived six hundred years ago ; during which, the people were more or less able to govern themselves, and the representatives more or less worthy of sitting at the rudder of government. Our purpose in publishing this little work is free from any self or factious interest ; and it is to awaken the sacred original principles, and remind the representatives by warn- ings, to be at all times "worthy to sit at the rudder of government;" for Montesquieu, who bestows the greatest praise upon the British constitution, concludes thus : — " Comme toute les choses humaines ont une fin, l'etat dont nous parlons perdra sa liberte, il perira. Rome, Lacede"- mone et Carthage ont bien peri. II perira lorsque la puissance legislative sera plus corrompue que l'executrice." The same opinion is expressed by Sir. T. Mortimer in the following words: — "If ministerial influence in parliament should prevail so far as constantly to assure a majority in the House of Commons in favour of every measure indis- criminately, which the reigning administration thinks proper to adopt and to persist in, then farewell to the political pre- eminence of the British empire ! for glory dwells not with slaves, but increases or diminishes with the liberty of the people." 338 BOOK VI. 173. Othar's Voyages. Haller has joined to Othar's real voyages those to the shores of East Greenland and Spitzbergen, which were effected by Wulfstan. Both are positively authentic, although he pretends not to have taken them from Othar's own de- scription. Whether Alfred's work was the source where- from he derived his knowledge, or whether there are other authentic works on Othar's voyages, may be explained better by those learned in the Anglo-Saxon history, which we do not pretend to be. 1 74. Othar's success in obtaining Ships for his Voyages. Othar was animated by his prophetical ideas, like Colum- bus in a similar circumstance. We cannot suppose him to have been gifted with more eloquence than the genial and instructed Columbus, and must therefore attribute to Al- fred's enlightened mind that Othar had not to apply to all the different sovereigns in Europe before he succeeded in obtaining a few ships for his great undertaking. 175 & 176. Sociality in a State of Nature. In a former note we have already explained the state o society in that of nature. Here, however, we see that of sociality and equality practised in its original purity ; but we doubt whether such a kind of social living, produced rather by bestiality than by philosophy, might be transferred to more populous countries and warmer climates, where passion prevails over stoicity. 177. Cruelty practised towards Children. This custom, as cruel as it is, is even surpassed by the Chinese, who kill a number of their children when they can- not bring them up. The latter cannot be excused, as their BOOK VI. 339 country is far more civilized than that of these savages, and because they are enlightened by wholesome laws. The shadow of justification for such cruelty, which lies in the scarcity of food in these overpopulated dominions, cannot be admitted as a sufficient reason for such cruelty ; for, were we to do so, how could we, with justice, condemn similar actions in European countries. 178. Marriages and Filial Piety. " Marriages are just as constant and harmonizing as with other nations." That depends upon what other nations Haller meant. Probably not the French or Italians ; but the German and English. We do not, however, know whether the soft sounding word, " harmony," can at all be applied to married life, and whether " unity " would not be more appropriate, as so many disonancies in married life prevent the effection of any complete harmony. The reason why unfertility is despised is very well ex- plained. The " Sacred Edict " says : " Bring up a child, and then you will know the kindness of a father and mother. 1 ' . . . " Filial pity is [founded on] the unalter- able statutes of heaven, the corresponding operation of earth, and the common obligations of all people. Have those who are void of filial piety never reflected on the natural affec- tion of parents to their children ?" . . . "The son of man that would recompense one in ten thousand of the favours of his parents, should at home exhaust his whole heart, abroad exert his whole strength." 179. Origin of Property. " Superfluity forms there the only difference which raises one man above another." The superfluity alluded to is pecuniary ; and whoever contests that right to superfluity also contests the right to property. A celebrated French political author lately wrote a treatise on property, wherein he does not reach Locke, who speaks on this subject as follows : — " God, who hath given the world to men in common, hath also given them reason to make use of it to the best advan- tage of life and convenience. The earth, and all that is therein, is given to men for the support and comfort of their being. And though all the fruits it naturally produces, and beasts it feeds, belong to mankind in common, as they are produced by the spontaneous hand of nature ; and nobody has originally a private dominion, exclusive of the rest of Q 2 340 . NOTES, COMMENTARIES, ETC. mankind, in any of them, as they are thus in their natural state : yet being given for the use of men, there must of necessity be a means to appropriate them some way or other before they can be of any use, or at all beneficial to any pacticular man. The fruit, or venison, which nourishes the wild Indian, who knows no inclosure, and is still a tenant in common, must be his, and so his, i. e. a part of him, that another can no longer have any right to it, before it can do- him any good for the support of his life. " Though the earth, and all inferior creatures be common to all men, yet every man has a property in his own person. This nobody has any right to but himself. The labour of his body, and the work of his hands, we may say, are pro- perly his. Whatsoever then he removes out of the- state that nature hath provided, and left it in, he hath mixed his labour with it, and joined to it something that is his own, and thereby makes it his property. It being by him re- moved from the common state nature placed it in, it hath by this labour something annexed to it, that excludes the com- mon right of other men. For this labour being the unques- tionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good left in common for others. " He that is nourished by the acorns he picked up under an oak, or the apples he gathered from the trees in the weod, has certainly appropriated them to himself. Nobody can deny but the nourishment is his. I ask then, When did they begin to be his ? When he digested ? Or when he ate ? Or when he boiled? Or when he brought them home? Or when he picked them up? And it is plain, if the first gathering made them not his, nothing else could. That labour put a distinction between them and common. That added some- thing to them more than nature, the common mother of all, had done ; and so they became his private right. And will any one say he had no right to those acorns or apples he thus appropriated, because he had not the consent of all mankind to make them his ? Was it a robbery thus to assume to himself what belonged to all in common ? If such a consent as that was necessary, man had starved, not- withstanding the plenty God had given him. We see in commons, which remain so by compact, that it is the taking any part of what is common, and removing it out of the state nature leaves it in, which begins the property; without which the common is of no use. And the taking of this or that part, does not depend on the express consent of all the BOOK VI. 341 commoners. Thus the grass my horse has bit ; the turfs my servant has cut ; and the ore I have digged in any place, where I have a right to them in common with others, become my property, without the assignation or consent of anybody. The labour that was mine, removing them out of that com- mon state they were in, hath fixed my property in them. " By making an explicit consent of every commoner, necessary to any one's appropriating to himself any part of what is given in common, children or servants could not cut the meat which their father or master had provided for them in common, without assigning to every one his peculiar part. Though the water running in the fountain be every one's, yet who can doubt but that in the pitcher is his only who drew it out l His labour hath taken it out of the hands of nature where it was common, and hath thereby appropriated it to himself" 180. History of Five Robinson Crusoes. This history of a steersman (whose name is said to have been Himkoff) and his companions, is quite authentic. 181. Infancy of Man. "Children," says Locke, are not born in the full state of equality [of men] though they are born to it. Their parents have a sort of rule and jurisdiction over them when they come into the world, and for some time after, but it is but a temporary one. The bonds of this subjection are like the swaddling clothes they are wrapped up in, and supported by in the weakness of their infancy. Age and reason as they grow up, loosen them till at length they drop quite off, and leave a man at his own own free disposal. " Adam," continues Locke, as a tradition of the holy scriptures, " was created as a perfect man. His body and mind in full possession of their strength and reason, and so was capable from the first instant of his being to pro- vide for his own support and preservation, and govern his actions according to the dictates of the law of reason God had implanted in him. From him the world is peopled with his descendants, who are all born infants, weak and helpless, without knowledge or understanding. But to sup- ply the defects of this imperfect state, till the improvement of growth and age hath improved them, Adam and Eve, and after them all parents were by the law of nature under an obligation to preserve, nourish, and educate the children they had begotten, not as their own workmanship, but the 342 NOTES, COMMENTARIES, ETC. workmanship of their own Maker, the Almighty, to whom they were to be accountable for them." 182. Examples of worthy Landowners. The reader will already have discovered these descriptions to apply to Poland, and the various countries now forming the empire of Russia. Our author says, — " Their servile subjects have nothing to hope of their hard masters, and nothing to loose by their destruction." This state may in some degree be compared to that of Ireland, for the Irish peasantry are also in certain points the slaves of their masters, although not to the same extent. Legislation is now occupied in ameliorating the laws of the Irish landlords and tenants, as well as the Irish poor rate, and assisting them with money through labour ; but then can the landlords do nothing themselves without being assisted or forced by government ? we will believe that, for want of capital, that country is not fitted for manufactures in general ; but there are many manufactures which could very well be combined with agriculture, and which produce almost greater real wealth and felicity than those executed by manual labour and machinery in populous districts ; we mean those closely connected with agriculture, as brewing, distilling, brick-making, &c. We have known in Germany an individual, originally a merchant, who bought several estates, and erected upon them a model agriculture estab- lishment, with the adjoining branches, as the rearing of sheep and horned cattle, horses, botanical gardens > nursery, a brewery, distillery, steam engine, and rural implements, manufactory, pottery, and many other industrial branches. We can easily conceive that one man could not administer at all these different establishments, not even through clerks, that is, if it should be faithfully done; but he employed other means ; he engaged young men of education, knowledge, and energy, (although not possessed of capital,) and entered with them into partnership, (en commandite,) bound them to a central office, and to deliver up the cash to a general bank, from which they could receive the required supplies. By this very simple mode of organization, he not only secured and increased his own fortune, but made that of his directors and a great number of families. This man was a plebeian, and could therefore be reckoned among the aris- tocracy of money and knowledge ; but we have a similar example in an aristocrat from birth, a count in the Silesian BOOK VI. 343 mountains, who followed the same steps on a larger scale, and occupied in his different manufacturing establishments an immense number of individuals. Are such examples not worthy of imitation ? But we have no doubt that Eng- land possesses likewise land-holders who fulfil, if not all, at least a portion of the task of making their peasants happy by giving them sufficient occupation. 344 CONCLUSION. 183. Man in a State of Nature. The state of man in nature, and the law of nature, are extremely well described by Locke and other authors ; from the former we have already given several extracts in pre- ceding notes, but our space does not allow us to quote that work farther, as we otherwise would wish to do. 184. Moderate Monarchy . [The reference to this Note was inadvertently omitted in the text.] A compound of monarch, aristocracy, and democracy, has been framed by the German States into a new form of government, which gave it originally the title of a composite system. It was afterwards adopted by the Gothic nations ; and writers of those days give it the name of "Gothic balance" (a balance wherein England has sought, more or less, to attain the ideal standard of freedom,) but in modern times it has been universally known and understood by its proper definition of mixed, regulated, or 3GElnfotrah Bnttarrtnj. FINIS. London: Woolley & Cook, Printers, St. Bene't Place, Gracechurch Street