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THE

ORIGIN

OF THE

DISTINCTION OF RANKS;
o a ,
AX INQUIRY INTO THE CIRCUMSTANCES - i
WHICH GIVE KISE TO
INFLUENCE AND AUTHORITY
IN THE
DIFFERENT MEMBERS OF SOCIETY.
By JOHN MILLAR, Efq.
^KOFESSOB. OF LAW IN THE UNIVERSITY OF GLASGOW.

Qm6u$* 4**

*S I L:

B A
Printed and fold by J. J. tourneisen.
MDGCXGIII.

CONTENTS.
INTRODUCTION. page i
CHAP. I.
Of the rank and condition of Women in dif
ferent ages.
Se£l. I. The effetts of poverty and barbarifm , with
refpeSt to the condition of women. 1 5
Se<3. II. The influence acquired by the mother of a
family , before marriage is completely efla-
blifhed. 55
Se£l. III. The refinement of the paffwns of Sex, in
the Pajloral Ages. 5 4
Se£l. IV. The conjequences of the introdu£l on of
Agriculture , with refped to the intercourfe of
the Sexes. 64
Se<3;. V. Changes in the condition of women, arifing
from the improvement of ufeful Arts and Ma
nufactures. 84
Se£t VI. The ejfetts of great opulence, and the
culture of the elegant arts , upon the relative
condition of the fexes. g5
CHAP. II.
Of the jurifdiftion and authority of a Father over
his children.
Se£l. I. The power of a father in early ages. io5
Se£t. II. The influence of the improvement of arts
upon the jurifdittion of the father. 124
CHAP. III.
The authority of a Chief over th&. members of a
tribe or village.
Se£l. I. The origin of a Chief, and the degrees of
influence which he is enabled to acquire. i35

iv CONTENTS.
Sed. II. The powers with which the chief of a rude
tribe is commonly invejled. i55
CHAP. IV.
The authority of a Sovereign , and of fubordinate
officers, over a fociety compofed of different
tribes or villages.
Se&. I. The conflltulion of government arifing from
the union of different tribes or villages. 170
Se£l. II. The natural progrefs of government in a
rude kingdom. 188
CHAP. V.
The changes produced in the government of a
people , by their progrefs in Arts , and in
polilhed Manners.
Se£i I. Circumjlances , in a poliflied nation, which
tend to increafe the power of the Sovereign, 212
Se£t. II. Other circumjlances , which contribute to
advance the privileges of the people. 222
Se£f. III. Refult of the oppof tion between thefe different
principles. 227
CHAP. VI.
The authority of a Matter over his Servants.
Seft. I. The condition of fervants in the primitive
ages of the world. 234
Sedl. II. The ufual effe£ls of opulence and civilized
manners , with regard to the treatment of
fervants. 240
Sedl. III. Caufes of the freedom acquired by the
laboring people in the modern nations of
Europe. 2 5 1
Se£i. IV. Political confequences ofjlavery. 271

THE ORIGIN

OF THE

DISTINCTION OF RANKS.

f N T R O D U C T I 0 N.
_l HOSE who have examined the manner*
and cuftoms of nations have had chiefly two
objedfs in view. By obferving the fyftems of law
eftablifhed in different parts of the world j and by
remarking the confequertces with which they are
attended , men have endeavoured to reap ad-
Vantage from the experience of others , and to
make a feleftion of fuch inftitutions and modes
of government as appear moft worthy of being
adopted; To inveftigate the caufes of different ufages' has
been likewife efteemed an ufeful as well as an
entertaining fpeculation. When we contemplate
the amazing diverfity to be found in the laws of
different countries , and even of the fame country
at different periods , our curiofity is naturally ex
cited to inquire in what manner mankind have
been led to embrace fuch different rules of conduct;
and at the fame time it is evident, that, unlefe
we are acquainted, with the circumftai$;es which
B

a THE ORIGIN
have recommended any fet of regulations , we-
cannot form a juft notion of their utility , or even
determine, in any cafe, how far they are practicable.
In fearching for the caufes of thofe peculiat
fyftems of law and government which have ap
peared in the world, we muft undoubtedly refort,
firft Of all , to the differences of fituation , which
have fuggefted different views and motives of
a£lion to the inhabitants of particular countries.
Of this kind, are the fertility or barrennefs of the
foil , the nature of its productions , the fpecies of
labor requifite for procuring fubfiftence , the num
ber of individuals collefted together in one com
munity, their proficiency in arts, the advantages
which they enjoy for entering into mutual tranfac-
tions , and for maintaining an intimate correfpon-
dence. The variety that frequently occurs in
thefe , and fuch other particulars , muft have a
prodigious influence upon the great body of a
people ; as , by giving a peculiar direction to their
inclinations and purfuits , it muft be productive
of correfpondent habits , difpofitions , and ways
of thinking.
When we furvey the prefent ftate of the globe ,
we find that , in many parts of it , the inhabitants
are fo deftitute of culture , as to appear little above
the condition of brute animals; and even when
we perufe the remote hiftory of polifhed nations ,
we have feldom any difficulty in tracing them to
a ftate of the fame rudenefs and barbarifm. There
is , however , in man a difpofition and capacity for
improving his condition , by . the exertion ot

OF RANKS- 3
which , he is carried on from one degree of
advancement to another; and the fimilarity of his
wants , as well as of the faculties by which thofe
wants are Supplied, has every where produced a
remarkable uniformity in the feveral fteps of his
progreffion. A nation of favages , who feel the
want of almoft every thing requisite for the fupport
of life, muft have their attention directed to a
fmall number of objects, to the acquifition of food
and clothing, or the procuring lhelter from the
inclemencies of the weather ; and their ideas and
feelings , in' conformity to their fituatiori , muft , of
courfe , be narrow and contracted. Their firft
efforts are naturally calculated to increafe the
means of fubfiffence j by catching or enfnaring
wild animals, ot by'T*&thering the fpontaneous
fruits of the earth ; and the experience' , acquired
in the exercife of thefe employments , is apt ,
fucceffiVely , to point out the methods of taming
and fearing cattle j and of cultivating the grounds
According as men have been fuccefsful i.: thefe
great improvements, and find lefs difficulty in the
attainment of bare neceffaries , their profpeCts are
gradually enlarged', their appetites and defires ar6
more and more awakened and called forth in pur
suit of "the feveral con'veniencies of life; and the
various branches of manufacture , together with
commerce , its inseparable attendant , and with
fcience and literature , the natural offspring of eafe
and affluence , are introduced , and brought to ma
turity. By fuch gradual advances in rendering their
fxtuation more comfortable, the moft important; B a

4 THE ORIGIN
alterations are produced in the ftate and condition
of a people : their numbers are increafed ; the
connexions of fociety are extended ; and men
bein^ lefs oppreffed with their own wants , are
more at liberty to cultivate the feelings of huma
nity : property, the great fource of diftihCtion
among individuals , is eftablilhed , and the various
rights of mankind , arifing from their multiplied
connexions , are recognifed and proteCted : the
laws of a country are thereby rendered numerous ;
and a more complex form of government becomes
neceffary, for diftributing juftice, and for prevent
ing the diforders which proceed from the jarring
interefts and paffions of a large and opulent com
munity. It is evident lt at the fame time, that
thefe, and fuch other; ; jjeffeCts of improvement,
which have fo great a tendency to vary the ftate
of mankind , and their manner of life , will be
produCtive of fuitable variations in their tafte and
fentiments , and in their general fyftem of behaviour.
There is thus, in human fociety, a natural pro
grefs from ignorance to knowledge , and from
rude, to civilized manners, the feveral ftages of
which are ufually accompanied with peculiar laws
and cuftoms. Various accidental caufes, indeed,
have contributed to accelerate, or to retard this
advancement in different countries. It has even
happened that nations, being placed in fuch unfa
vorable circumftances as to render them long ftati-
onary at a particular period, have beenfo habi
tuated to the peculiar manners of that age, as to
retain a ftrong tinaure.of thofe peculiarities, through

OF RANKS. 5
every fubfequent revolution. This appears to
have occafioned fome of the chief varieties which
take place in the maxims and cuftoms of nations
equally civilized.
The charaCter and genius of a nation may, per
haps , be confidered as nearly the fame with that
of every other in fimilar circumftances ; but the
cafe is very different with refpeCl to. individuals,
among whom there is often a great diverfity ,
proceeding from no fixed caufes that are capable
of being afcertained. Thus in a multitude of dice
thrown together at random, the refult, at differ
ent times , will be nearly equal; t>ut in one or
two throws of a fingle die, very different numbers
may often be produced. It is to be expeCted ,
therefore , that , though the greater part of the
political fyftems of any country be derived from
the combined influence of the whole people ,
a variety of peculiar inftiflj^ons will fometimes
take their origin from the cafual interpofition of
particular perfons, who happen to be placed at
the head of a community , and to be poffeffed of
lingular abilities , and views of policy. This has
been regarded, by many writers , as the great
fource of thofe differences which are to be found
in the laws , and government of different nations.
It is thus that Brama is fuppofed to have intro
duced the peculiar cuftoms of Indoftan ; that Ly-
cufgus is believed to have formed the Angular
charaCter of the Lacedemonians ; and that Solon is
looked upon as the author of that very different
ftyle of manners which prevailed at Athens. It 19
' B 3

§ THE. ORIGIN
thus , alfo , the Englifh conftitution is understood
to have arifen from the uncommon genius , and
patriotic fpirit of King Alfred. In fhort , there is
fcarcely any people , ancient or modern , who do
not boaft of fome early monarch, or ftatefman, to
whom it is pretended they owe whatever is re
markable in their form of government.
But , notwithftanding the concurring teftimony
of hiftorians, concerning the great political changes
introduced by the law-givers of a remoter age ,
there may be reafon to doubt, whether the effeCt
of their interpofitions has ever been fo extenfive
as is generally fuppofed. Before an individual can
be invefted with fo much authority, and poffeffed
of fuch reflection and forefight as would induce
him to aCt in the capacity of a legiflator, he muft,
probably, have been educated and broughtup in
the knowledge of thofe natural manners and
cuftoms, which, for asps perhaps, have prevailed
among his countrymefl. Under the influence of
all the prejudices derived from ancient ufage, he
will commonly be difpofed to prefer the fyftem
already eftablifhed to any other , of- which the
effeCts have not been afcertained by experience ;
or if in any cafe he ftiould venture to entertain a
different opinion , he muft be fenfible that , from
the general prepoffeffion in favor of the ancient
eftablifhment , an -attempt to overturn it, or to
vary it in any confiderable degree , would be a
dangerous, meafure, extremely unpopular in itfelf,
and likely to be attended with troublefome coiv
fequences.

O F R A N K S. f
As the greater part of thofe heroes and fages
that are reputed to have been the founders and
modellers of ftates are only recorded by uncertain
tradition, or by fabulous hiftory, we may be
allowed to fufpeCt , that from the obfcurity in
which they are placed , or from the admiration
of tliftant pofterity, their labors have been exag
gerated, and mifreprefented. It is even extremely
probable, that thofe patriotic ftatefmen, whofe
exiftence is well afcertained, and whofe laws have
been juftly celebrated, were at great pains to
accommodate their regulations to the fituation of
the people for whom they were intended; and
that inftead of being aCtuated by a projecting
fpirit, or attempting from vifionary Speculations
of remote utility, to produce any violent refor
mations , they confined themfelves to fuch mode*
rate improvements as , '"by deviating little from
the former ufage, were in fome meafure fupported
by experience, and coincided with the prevailing
opinions of the country. All the ancient
fyftems of legiflation that have been handed down
to us with any degree of authenticity fhow evi
dent marks of their having been framed with fuch
reafonable views ; and in none of them is this
more remarkable than in the regulations of the
Spartan Lawgiver, which appear, in every ref-
peCt , agreeable to the primitive manners of that
fimple and barbarous people, for whofe benefit
they were promulgated.
Among the feveral circumftance* which may
affeCt the gradual improvements of fociety, the
B4

5 THE ORIGIN
difference of climate is one of the moft remarkable
In warm countries, the earth is often extremely
fertile , and with little culture is capable of produ
cing whatever is neceffary for fubfiftence. ""To
labor under the extreme heat of the fun is, at
the fame time , exceedingly troublefome and
oppreffive. The inhabitants , therefore , of fuch
countries, while they enjoy a degree of affluence,
and, while by the mildnefs of the climate they
are exempted from many inconveniencies and
wants , are feldom difpofed to any laborious
exertion , and thus , acquiring habits of indolence ,
become addicted to fenfual pleafure , and liable
£o all thoSe infirmities which are nourifhed by
idlenefs and floth. The people who live in a cold
country find, on the contrary, that little or nothing
is to be obtained without labor ; and being
fubjeCted to numberlefs hardships , while they are
forced to contend with the ruggednefs of the foil,
and the feverity of the feafons , in earning their
fcanty provifion , they become aCtive and induftri
ous , and acquire thoSe difpofitions and talents
which proceed from the conftant and vigorous
exercife both of the mind and body.
Some philofophgrs are of opinion , that the
difference of heat and cold , of moifture and
drynefs , or other qualities of the climate , have a
more immediate influence upon the character and
ConduCt pf nations , by operating infenfibly upon
the human body, and by effeCfing correfpondent
alterations in the temper. It is pretended that
great hf at, by relaxing the fibres, and by extending

OF RANKS. 9
the nirface of the fkin , where the aCtion of the
nerves is chiefly performed , occafions great
fenfibility to all external impreflions; which is ac
companied with proportionable vivacity of ideas
and feelings. The inhabitants of a hot country
are , upon this account , f uppofed to be naturally
deficient in courage , and in that fteadinefs of
attention whkdi is neceffary for the higheit
txertions of judgment ; while they are no lefs
diftinguiflied by their extreme delicacy of tafte,
and livelinefs of imagination. The weaknefs, too,
of their bodily organs prevents them from consu
ming a great' quantity of food , though their
exceffive perfpiration , the effeCt of the climate,
requires continual Supplies of fuch thin liquors
as are proper to repair the wafte of their
fluids. In this fituation , therefore , temperance
in eating and drinking becomes a conftituti-
onal virtue.
The inhabitants of a cold region, are Said, on '
the other hand , to acquire an oppofite com*-
plexion. As cold tends to brace the fibres , and
to contraCt the operation of the nerves , it is
held to produce a vigorous conftitution of body,
with little fenfibility or vivacity ; from which
we may expect aCtivity, courage, and refolutioii,
together with fuch calm and fteady views of
objeCts , as are ufually conneCted with a clear
underftanding. The vigorous conftitutions of men,
in a cold climate, are alfo fuppofed to demand
great Supplies of ftrong food , and to create a
particular inclination for intoxicating liquors,

io THE ORIGIN
In Some fuch manner as this , it is imagin
ed that the charaCter of different nations ari-
fes , in a great meaSure , from the air which they
breathe, and from the foil upon which they
are maintained. How far thefe conjeCtures
have any real foundation , it feems difficult to
determine. We are too little acquainted with
the StruCture of the human body , to difcover
how it is affeCted by fuch phyfical circumftances,
or to difcern the alterations in the ftate of the
mind , which may poffibly proceed from a
different conformation of bodily organs ; and
in the hiftory of the world , we fee no regular
marks of that Secret influence which has been
aScribed to the air and climate , but , on the
contrary , may commonly explain the great
differences in the manners and cuftoms of man
kind from other caufes , the exiftence of which is
capable of being more clearly afcertained.
How many nations are to be found , whoSe
fituation in point of climate is apparently fimilar,
and, yet, whofe charaCter and political institutions
are entirely oppofite ? Compare , in this reSpeCt ,
the mildneSs and moderation of the ChineSe, with
the rough manners and intolerant principles of their
neighbours in Japan. What a contraft is exhibited
by people at no greater diftance than were the
ancient Athenians and Lacedemonians ? Can it be
conceived that the difference between the climate
of France and that of Spain , or between that of
Greece and of the neighbouring provinces of the
Turkiflj empire, will account for the different ufage*

OF R A N K S. 11
and manners of the prefent inhabitants ? How is
it poffible to explain thoSe national peculiarities
that have been remarked in the Englifli , the lriili ,
and the Scotch , Srom the different temperature
of the weather under which they have lived ?
The different manners of people in the fame
country, at different periods, are no lefs remarkable ,
and afford evidence yet more Satisfactory, that
national charaCter depends very little upon the
immediate operation of climate'. The inhabitants
of Sparta are, at prefent, under the influence of
the fame phyfical circumftances as in the days of
J-eonidas. The modern Italians live in the country
of the ancient Romans.
The following Inquiry is intended to illuftrate
the natural hiftory of mankind in feveral important
articles. This is attempted , by pointing out the
more obvious and common improvements which
gradually ariSe in the ftate of fociety , and by
fliowirig the influence of thefe upon the manners,
the laws , and the government of a people.
With regard to the faCts made ufe of in the
following difcourfe, the reader, who is conver-
fant in hiftory , will readily perceive the difficulty
of obtaining proper materials for Speculations of
this nature. Hiftorians of reputation have com-
jnonly overlooked the tranfaCtions of early ages ,
as" not deferving to be remembered ; and even in
the hiftory of later and more cultivated periods ,
they have been more felicitous to give an exaCt ac
count of battles, and public negociations, than of
the interior police and government of a country,

12 THE ORIGIN
Our information, therefore, with regard to the
ftate of mankind in the rude parts of the world ,
is chiefly derived from the relations of travellers,
whofe charaCter and Situation in life, neither Set
them above the SuSpicion of being eafily deceived,
nor of endeavouring to miSreprefent the faCts which
they have related. From the number, however,
and the variety of thofe relations , they acquire ,
in many caSes, a degree of authority, upon which
we may depend with fecurity , and to,.which the
narration of any Single perSon , how reSpeCtable
Soever , can have no pretenfion. When illiterate
men , ignorant of the writings of each other , and
who , unlefs upon religious SubjeCts , had no Spe
culative fyftems to warp their opinions , have , in
diftant ages and countries, defpribed the manners
of people in fimilar circumftances , the reader has
an opportunity of comparing their feveral defcrip-
tions , and from their agreement or disagreement
js enabled to aScertain the credit that is due to
them. According to this method of judging, which
throws the veracity of the relater very much out
of the queftion , we may be convinced of the
truth of extraordinary faCts , as well as of thofe
that are more agreeable to our own experience, It
may even be remarked , that in proportion to the
Angularity of any event, it is the more improbable
that different perfons , who defign to impofe upon
the world, but who have no concert with each
other, Should agree in relating it. When to all
this , we are able to add the reafons of thofe par^
ticular cuftoms which have been uniformly re-

OF RANKS. i3
ported , the evidence becomes as complete as
the nature of the thing will admit. We cannot
refufe our affent to fuch evidence, without fal
ling into a degree of fcepticifm by which the
credibility of all hiftorical teftimony would be in
a great meafure deftroyed. This observation , it is
hoped , will Serve as an apology for the multipli
city of faCts that are fometimes ftated in con
firmation of the following remarks. At the fame
time, from an apprehenfion of being tedious, the
author has , on other occafions , feleCted only
a few, from a greater number to the fame purpofe,
that might eafily have been procured.

14 THE ORIGIN
CHAP. I.
Of the rank and condition of Women in dif
ferent ages.
SECTION I.
The effeCls of poverty and barbarifnt , with re-
fpett to the condition of women.

F all our paffions , it Should Teem that thoSe
which unite the Sexes are moft eafily affeCted by
the peculiar circumftances in which we are placed,
and moft liable to be influenced by the power of
habit and education. Upon this account they ex
hibit the moft wonderful variety of appearances,
and , in different ages and countries , have produ
ced the greateft diverfity of manners and cuftoms.
The ftate of mankind in the rudeft period of
fociety , is extremely Unfavorable to the improve
ment of thefe paffions. A favage who earns his food
by hunting and ftfhing i or by gathering the Spon
taneous fruits of the earth , is incapable of attaining
any confiderable refinement in his pleafures. He
finds fo much difficulty , and is expofed to fo many
hardfhips in procuring mere neceffaries , that he
has no leifure or encouragement to aim at the
luxuries and conveniencies of life. His wants are.,
few , in proportion to the narrowrtefs of his cir
cumftances. With him , the great objeCt is to be
able to Satisfy his hunger , and-, after the utmoft

OF RANKS. i5
exertions of labor and aCtivity , to enjoy the relief
of idlenefs and repoSe. He has no time for culti
vating a correfpondence with the other Sex , nor
for attending to thofe enjoyments which refult
from it ; and his defires being neither cherifhed by
affluence , nor inflamed by indulgence , are allowed
to remain in that moderate ftate which renders
them barely Sufficient for the continuation of the
fpecies. The facility with which he may commonly gra
tify thefe appetites, is another circumftance by which
his fituation is peculiarly distinguished. In the moft
rude and barbarous ages, little or no property can
be acquired by particular perfons; and, consequently
there are no differences of rank to interrupt the
free intercourfe of the Sexes. The pride of family,
as well as the infolence of wealth , is unknown j
and there are no diftinCtions among individuals,
but thofe which arife from their age and expe
rience, from their Strength, courage,, and other per
sonal qualities. The members of different families,
being all nearly upon a level , maintain the moft
familiar intercourfe with one another, and, when
impelled by natural inftinCt , give way to their
mutual defires without hefitation or reluCtance.
They are unaquaiuted with thoSe refinements which
create a Strong preference oSparticular objects, and
with thoSe artificial rules of decency and decorum
which might lay a reftraint upon their conduct.
It cannot be fuppofed , therefore , that the paf
fions of fex will rife to any confiderable height in
the breaft of a favage. He muft have litde regard

if. THE ORIGIN
for pleafures which he can purc'hafe at [a eaSy a
rate. He meets with no difficulties nor disappoint
ments to enhance the value of his enjoyment,
ur to roufe and animate him in the purSuit of it.
He arrives at the end of his wifhes, before they
have Sufficiently occupied his thoughts , or engaged
him in thoSe delightful anticipations of happinefi
which the imagination is apt to diSplay in the moft
flattering colors. He is a Stranger to that long con
tinued Solicitude, thoSe alternate hopes and fears,
which agitate and torment the lover , and which ,
by awakening the SenSibility j while they relax the
vigor of his mind , render his prevailing inclL
nations more irrefiftible.
The phlegmatic difpofition of Savages, in this
particular , has accordingly been oSten remarked
as a diftingnifhing part of their charaCter. There
is good reafon to believe that, 'in the ftate of firm
plicity Which precedes all cultivation and improve
ment, the intercourfe of the fexes is chiefly regu-*-
lated by the primary intention of nature ; that it
is of confequence totally interrupted by the pe
riods of pregnancy; and that the fame laws, with
refpeCt to the difference of feafons ^ which govern
the constitution of inferior animals , have alSo an
influence upon the defires of the human Species '.
A late ingenious author imagines that this col Jnef- of con-
ftitution is pe-uliar to the natives of America ; and he accunts
For it, in a moft whimfical manner, from tiie moifiure of the cli
mate, by which ths inhabitants of that countiy are, in his opi
nion, rendered inferior, both in mind and body, to thofe of the
It

0 F R A N K S. l7
It is true, that, even in early ages, Some Sort of
marriage , or permanent union between perfons
of different fexes , has been almolt universally esta
blished. But when .we examine the nature of this
primitive alliance , it appears to have been deri
ved from motives very little connected with thofe
paffions which we are at prefent confidering.
When a child has been produced by the acci
dental correfpondence of his parents , it is to be
expeCted that, from the influence of natural affec
tion , they will be excited to affift one another in
making feme provifion for his maintenance. For

old word. [Recherchesphilofophiques fur les Americains. ]
But though it muft perhaps, be admitted that particular clima
tes have fome influence upon the paflions of fex, yet4 in moft
parts of the world, the charadler of Savages, in this refpedt, ex
hibits a remarkable uniformity. [ See an account of the Samo-
iedes, Hiftoire generate des voyages* tome i8.p.?o9, ?io — .
Of the inhabitants of Kamtfchatka ^ ibid, tome 19. liv. 2.
chap. 4. ].
Even among people fome What advanced beyond the mere
Tavage life, we frequently meet with traces of a fimilar tem
perament. " Serajuvenum Venus, '' fays Tacitus of the Ger
mans, " eoque incxhaufta pubertas, nee virgines feftinantur.
" Ergo Septa pudickia agunt, nullis fpedaculorum illecebris,
" nullis conviviorum ifritatioAibus corrupts. " Tacit, de
mor. Germ; § 19, 20.
The fame circumftance is mentioned by Csefar concerning
the character of the ancient Gauls. " Qui diutiffime impuberes
" permanferunt maxiraam inter fuos ferunt laudem : hoc ali
" ftaturam , ali hoc vires, nervofque confirmari putant. Intra
" annum vero vicefimum feminae notitiam habuifle , in
" turpiflimis habent rebus. " Csf. de bell. Gall. lib. 6. §. 21.
C

i8 THE ORIGIN
this purpofe, they are led to take up their refidence
together, that they may aCt in concert with ,each
other , and unite their efforts in the prefervation
and care of their offspring.
Among inferior animals, we may difcern the
influence of the fame principle in forming an alfoci-
ation between individuals of different Sexes. The
connexion indeed , in this cafe , is commonly of
Short duration ; becauSe the young animal is Soon
in a condition to provide for its own Subfiftence.
In Some of the fpecies of birds, however, the
young which are hatched at one time , are fre
quently incapable of procuring their own food
before the mother begins to lay eggs a-new; and
the male and female are , therefore , apt to contract
a more permanent attachment. To this circnm-
ftance we may afcribe the imagined fidelity of the'
turtle, as well as the poetical honors that have,
been paid to the gentleneSs of the dove ; an ani
mal which, notwithftanding the charaCter it has fo
univerSally acquired, appears remarkable for its
peevifh and quarrelfome temper. Among common
poultry, on the contrary , whole offspring is reared
without much affiftance even from the dam, the
difpofition to unite in pairs is Scarcely obServable.
But the long culture which is neceffary in
rearing the human fpecies, will generally afford to
the parents a Second pledge of their commerce ,
before their affiftance can be withdrawn from the
former. Their attention , therefore , is extended
from one objeCtto another, as long as the mother
is capable of child-bearing ; and their union is thu*

OF RA.NKS.

J9

continued by the fame caufes which firft gave rife
to it. Even after this period , they will naturally
be difpofed to remain in a fociety to which they
have been fo long accuftomed : more efpecially ,
as by living at the head of a numerous family ,
they enjoy a degree of eafe , refpeCt , and fecurity,
of which they would otherwife be deprived , and
have reafon, in their old age, to expeCt the af-
Siftance and protection of their pofterity , under
all thofe diSeafes and infirmities by which they are
rendered incapable of providing for themfelves \
Thefe were in all probability the firft induce
ments to marriage among the rude and barbarous
inhabitants of the earth. As it appears to have
taken its origin from the accidental and unfore
seen exertions of parental affeCtion , we may fup-
pofe that ir would be commenced without any
previous contract between the parties, concerning
the terms or duration of their correspondence.
Thus, among the Romans, it Should Seem that
the moft ancient marriage was formed merely by
life; that is, by the parties living conftantly to
gether for the fpace of a year; a period which,
in the ordinary courfe of things , was fufficient to
* It feems unnecefTary to obServe , that what is here faid
with regar-i to ma riage, togeth-.r with many ether Re
marks which fo.low concerning the manners of early na
tions , can only be applied to thofe who had loft all know
ledge of the original inftitutions , which as the facred fcrip-
tures inform us were communicated to mankind by an ex
traordinary revelation from heaven.
G a

so

T HE ORIGIN

involve them in the care of a familv '. Tt is be
lieved that the early Greeks were accuftomed
to marry in the fame Simple manner \ The Lul-
muck Tartars have, at preSent, a Similar praCiu e.
Among them, it is uSual for a young pair to retire,
and live together as man and wife for one year;
and if, during this time, the woman has pro
duced a child , their marriage is underftood to be
completed; but if not, they either feparate at
pleafure , or agree to make another year's trial \
Traces of this primitive cuftom may ftill be dis
covered in the law of Scotland; according to
which , a marriage diffolved within a year and dayf
and without a child, has no legal confequences,
but reftores the property of either party to the
fame fituation as if no fuch alliance had ever exifted.
Time and experience gradually improved this
connexion , and discovered the many advantages
of which it is productive. The consideration of
thoSe advantages , together with the influence of
fafhion and example , contributed to promote its
univerfal eftablifhment. The anxiety of parties,
or of their relations , to avoid thofe difputes and
inconveniences with which it was frequently at
tended , made them endeavour , by an exprefs
ftipulation, to fettle the conditions of their union,
and produced a Solemn and formal celebration
Cicero pro Flacco , Heinec. Antiq. Roman.
See BriiTon. de vet. rit. nuptiar.
Travels through the Ruffian empire and Tartary,
by John Cook, M. D. vol. I. chap. 56.

O F R A N K S. *i
of marriage. The utility of this contraCt, as it
makes a regular provifion for multiplying the in
habitants of a country , gave rife to a variety of
public regulations for promoting the inftitution
in general, for direCting its particular forms, arid
for difcour aging the vague and irregular com
merce of the Sexes.
The marriages , however , of rude people , ac
cording to all accounts, are ufually contracted
without any previous attachment between the par
ties, and with little regard to the gratification of
their mutual paffions. A favage is Seldom or never
determined to marry from the particular inclina
tions of Sex, but commonly enters into that con
nexion when he arrives at an age , and finds
himSelf in circumftances , which render the acqui
sition of a family expedient or neceffary to hi*
comfortable fubfiftence. He difcovers no preference
of any particular woman , but leaves it to his pa
rents , or other relations , to make choice of a per-
fon whom it is thought proper that he Should
marry : He is not even at the trouble of paying
her a vifit, but allows them to begin and finifh
the bargain , without concerning himfelf at all in
the matter: If his propofals are rejeCted, he hears
it without the leaft disturbance; or if he. meets
with a favorable reception , he is equally unmoved ;
and the marriage is completed , on both fides ,
with the moft perfeCt indifference *.
' Lafitau , Moeurs des fauvages Americains , 4to torn.
t. pag. 564. Hiftoire generate des voyages, torn. 3. liv. 7,
C 3

55 THE ORIGIN
From the extreme infenfibility , obfervable
in the charaCter of all Savage nations , it is no
wonder they fliould entertain very groEs ideas
concerning thofe female virtues which , in a
polifhed nation, are iuppofed to conftitute the
honor and dignity of the Sex-
The Indians of America think it no ftain
upon a woman's charaCter, that She has violated the
laws of chaftity be fore marriage : nay, if we can give
credit to travellers who have vifited that country,
a trefpaSs of this kind is a circumftance by which
a woman is recommended to a huSband ; who is
cap. i}. § i. Ibid. torn. 6. liv; 14, cap. 3. § 4.
Travels of the Jefuits , vol. 2. p. 446.
F. her Lafit^u take-, notice of a particular cuftpm among
the favages of Amtncd , which fhows the indifference
with which th-;r maniages are ufualiy contracted , and
marks, at the fame t.me, the inattention of that people
to the gratification of their paffions. " II eft de Pancien
" ufagt; , parmi ia piupart des nations fauvages, de pafler la
" premiere annee , apres le manage con trade , fans le
curuommer. La piopofition avant ce terns -la, feroit
une infulte fake a i'epoufe, qui lui feroit comprendre ,
" qu'on auroit recherche fon alliance, moins par eftime pour
" tile, que par bnualite. Et quoique les epoux paffent la
nuit enfemble, c'eft fans prejudice decet ancjent ufage;
(t les parens ds l'eooufe y veillent atteniivement de leur part,
'' t-t is ont foin d'e;ntretenir un grand feu devant leur na;te,
qui eglaire continuellement leur conduite, et qui puifle
" ftrvir de garant, qu'il ne fe paffe rien contre l'ordre pret
" crit. " Mceurs des fauvages Amer, torn. 1. p. 564.
In Some parts of Great Britain, the common people hold
it a point of decorum, that, after the ceremony of mar
riage , the married perfons fhould fleep together one night
without consummation.

O F R A N K S. a3
apt to value her the more , from the Consideration
that flie has been valued by others , and , on
the other hand , thinks that he has Sufficient ground
for putting her away, when he has reafon to
fufpeft that flie has been overlooked 7.
Young women , among the Lydians , were not
accuftomed to marry, until they had earned their
doweries by prostitution '.
The Babylonians had a public regulation,
founded upon their religion , and probably handed
down from very remote antiquity , that every
woman , of whatever rank , fliould , once in her
life , fubmit to a public proftitution in the temple
of Venus'. A religious ceremony of a like nature
is faid to have been obferved in Some parts of the
Ifland of Cyprus ".
The infidelity of a married woman is naturally
viewed in a different light, and, upon account
of the inconveniences with which it is attended,
is often regarded as an offence that deferves to ba
feverely puniflied. To introduce a fpurious offspring
into the family ; to form a connexion with a
ftranger , by which the wife is diverted from her
proper employments and duties, and by which
flie may be influenced to embezzle the goods
committed to her charge; thefe are circumftances,
UUoa's voyage to South America.
Herodot. lib. i.
Strabo. lib. 16. — See alfo Herodotus , lib. 1. who de-
fcribes the form of this wonderful inftitution with his
ufual Simplicity.
Herodot. ibid.
C 4

H THE ORIGIN
that even in a rude period , are apt to awaken the
jealoufy of the hufband , and to excite his in
dignation and refentment. There are nations ,
however , who have disregarded even theSe
considerations , and who have looked upon the
ftriCt preservation of conjugal fidelity as a matter
of no confequence.
Among the ancient Maffagetae , it was ufual
for perfons who refided in the fame part of the
country to poffefs their wives in common". The
fame cuftom is Said , by Diodorus Sicolus , to
have taken place among the ancient Troglodites,
and the iCthyophagi , inhabiting the coaft of the
Red Sea ".
Caefar obferves that , in Britain , ten or a dozen
perfons , chiefly near relations , were accuftomed
to maintain a community of wives; but that the
offspring of fuch promifcuous intercourfe was
reputed to belong to that man who had been firft
conneCted with the mother.
Some authors , from a laudable defire of
vindicating our f 01 efathers , have called this faCt in
queftion , and have been willing to believe , that,
in this particular, Caefar was impoSed upon by
the Simple accommodation of thofe perSons who
lodged in the Same cottage. But it is difficult to
conceive that the judicious and well informed
conqueror of Gaul , who had been long acquainted
with the manners of rude people , and was of i
Hefodot. lib. i.
" Diod. Sicul. hift. lib. i.

OF'RANKS. s5
difpofition to look upon this as a matter of cut
rioflty, would have made So Slight an inquiry,
or Satisfied himfelf with fo Superficial an examination,
as might expofe him to Such a groSs deception".
The cuftom of lending a wife to a friend, that
he might have children by her , appears to have
been univerfal among the ancient Greeks and
Romans , and even when thefe nations had become
wealthy and civilized, was openly countenanced by
perfons of the higheft rank and charaCter. It is
faid to have been recommended, in a particular
manner to the Spartans, by the celebrated inftitu-
tions of Lycurgus '*.
" Uxores habentdeni duo-den?que inter fe communes,
" et maxime fratces cum fratribus, parentefque cum libtris-:
" fed fi qui funt ex his nati , eorum habentur liberi , quo
" priraum virgo queeque dedudta eft. " Ca:far de bell.
Gall. lib. ?. § 14.
Plutarch, in vita Lycurg.
" Interea , Phoebo gelidas pellente tenebras,
" Pulfata: fonuere fores : quas fandta reliclo
<c Hortenfi maerens irrupit Marcia bufto.
" Quondam virgo to is melioris junfta mariti :
" Mox ubi connubii pretium , mercefque folu'ta eft,
" Tertia jam foboles , alios foecunda penates
" Impletura datur , geminas et fanguine matris
w Permixtura domos. Sed poftquam condidit urna
*' Supremos cineres , miferando concha vultu ,
*' Effufas laniata comas , concuflaque pedus
w Verberibus crebris, cinerefque ingefta fep'ulchri,
" Non aliter placitura viro , fie moefta profatur :
" Dum Sanguis Iherat, dum vis materna, peregi
ct JuiTa, Cato, et geminos excepi foeta maritos,
'-: "Vifcei ibus laflis , partuque exhaufta , revertor

26 THE ORIGIN
In the country of Kamtfchatka , there are feveral
tribes of favages , who efteem it an ordinary mark
of politenefs, when they entertain a friend, to
offer him the enjoyment of their wife or their
daughter ; and whoever refufes a civility of this
kind , to his gueft , is SuppoSed to have intended,
an affront; and his behaviour is reSented according
ly. In Louifiana, upon the coaft of Guinea, in
Several parts of the Eaft- Indies, in Pegu, Siam,
Cochinchina, and Cambodia, the inhabitants are,
in like manner , accuftomed , for a Small prefent ,
to make an offer of their women to all Strangers
who have occafion to vifit the country ,s.
Among all men who have made any confiderable
advances towards refinement, Sentiments ofmqctefty7
are conneCled with the intercourfe of the fexes,
Thefe fentiments are derived from the very dif
ferent manner in which individuals are affeCted,
when under the immediate influence of defire, and
upon other occafions. After the violence of paffion
has fubfided, and when the mind returns to it*
ufual ftate of tranquillity , its former emotions
appear , in fome meafure , extravagant , and difpro-
portioned to the objeCt which excited them. But
if , with all our partiality , the recollection of our
own appetites, in the cafe here alluded to, be
feldom agreeable even to ourfelves , we have good
" Jam nulli tradenda viro. Da foedera prifci
w Innbata tori : —
" Hae flexere virum voces , &c. Lucan , Pharfal. lib. 3-
Hiftory of Kamtfchatka. —Dampier's Travels.

O F R A N K S. 2?
reafon to conclude that an open diSplay of them
will be extremely offenfive to others. Thofe who
are not aCtuated by the fame defires muft behold
our enjoyment with difguft ; thofe who are , muft
look upon it with jealoufy and rivalfhip. It is to
be expeCted , therefore , that , according as men
become SenSible of this , they will endeavour to
remove Such diSagreeable appearances. They will
be diSpoSed to throw a veil over thoSe pleaSures ,
and to cover from the public eye thofe thoughts
and inclinations, which, they know by experience,
would expofe them to contempt and averfion.
The diCtates of nature, in this refpeCt, are incul
cated by the force of education ; our own feelings
are continually gathering ftrength by a comparifon
with thofe of the people around us ; and we blufh
at every deviation from that concealment and
referve which we have been taught to maintain ,
and which long praCtice has rendered habitual.
Cestain rules of decency and decorum with rela
tion to drefs , the modes of expreffion , an,d general
deportment , are thus introduced ; and as thefe
contribute , in a high degree , to improve and em-
bellifh the commerce of fociety, they are regarded
as peculiarly indifpenfible to that fe£, in which,
for obvious reafons , the greateft delicacy and pro
priety is required.
But mere favages are little acquainted with fuch
refinements. Their fituation and manner of life
prevent them , either from confidering the inter-.
courfe of the fexes as an objeCt of importance , or
from attending to thofe circumftances which migh?

2§ THE ORIGIN
fuggeft the propriety of concealing it. Confcious
of nothing blamable in that inftinCt which nature
has beftowed upon them, they are not afhamed of
its ordinary gratifications ; and they affeCt no dif-
guife , as to this particular , either in their wordi
or in their aCiiotis.
From the account given by Herodotus of the
Maffageta;, it appears that thofe barbarians were
Grangers to referve or modefty in the commerce
of the Sexes '*. The Same circumftance is mentioned
by Casfar, in describing the ancient Germans; a
people who had made Some improvements in
their manner of liSe ". The form of courtfliip
among the Hottentots , by which the lover is per
mitted to overcome the reluCtance of his miftrefs,
may be confidered as a plain indication of fimilar
manners , and exhibits a ftriking piCture of primi
tive rudenefs and fimphcity '".
When Mr. Banks was in the Ifland of Otaheite,
in 1769, he received a vifit from fome ladies,
who made him a prefent of cloth , attended with
very uncommon ceremonies, of which the following
account is published by Dr. Hawkefworth. "There
tt were nine pieces; and having laid three pieces
" one upon«another , the toremoft of the women,
Tn; -yxp milvixwit yvvzixo; TSlxTa-aytrtii; «\>)p, rs'v PsijsrpEsiva
«Voxjs«»<raj *pp t>j; »V.z*»j , «<Vyfr«< «&£;. Herodot. B. 1.
Cujus rei nulla eft occultatio ; quod et promifcue
in fluminibus perluuntur, et pellibus, ant parvis renonum
tegumentis utuntur, magna corporis parte nuda. Csef. de
bell. Gall. lib. 6.
' Kolben. prefent ftate of Cape Good Hope, ch. 13.

OF RANKS.

29

who feemed to be the principal , and who was
called Oorattooa, ftepped upon them, and taking
up her garments all round her to the waift ,
turned about , and with great compofure and
deliberation , and with an air of perfeCt in
nocence and fimplicity, three times: when this
was done, flie dropped the veil, and ftepping
off the cloth , three more pieces were laid on ,
" and She repeated thp ceremony: then ftepping
' off as before , the laft three were laid on , and
the ceremony was repeated in the fame manner
the third time ". "
Though the inhabitants of that country are,
almoft without labor , fupplied with great plenty
of food , and may therefore be fuppofed more
addiCted to pleafure than is ufual among favages
in a colder climate, yet they appear to have no
fuch differences of wealth as might reftrain

Voyages for making difcoveries in the Southern He*
mifphere, vol. 2. ch. 12.
In the fame publication , an account of a ftill more re
markable exhibition, made in that Ifland, is given, as fol
lows : " A young man, near fix feet high, performed the
" rites of Venus with a little girl about eleven or twelve
" years of age , before feveral of our people , and a great
" number of the natives without the leaft fenfe of its
" being indecent or improper , but , as appeared , in per.
" fedt conformity to the cuftom of the place. Among the
w fpedtators were feveral women of Superior rank, parti-
" cularly Oberea, who may property be faid to have affifted
<c at the ceremony ; for they gave inftruftions to the girl how
4C to perform her part , which , young as flie was , She
" did not feem to ftand in need of. " Ibid.

Jo THE ORIGIN
the free indulgence of their appetites, and by
that means produce a degree of refinement in
their paffions.
Upon the difcovery of the new world by Colum
bus, the natives appeared to have no idea of clothing
as a matter of decency ; for, though the men made
ufe of a garment , the women , it is faid , had not
the leaft covering ", The nakednefs , however , of
thefe Indians , when authorized by cuftom , had
probably no more tendency to promote debauchery
than Similar circumftances can, be „fuppofed to
have upon inferior animals. Rude nations are
uSually distinguished by greater freedom and plain-
neSs oS behaviour, according as they are farther
removed from luxury and intemperance.
In the Odyfley , when Telemachus arrives at
Pylos, he is Stripped naked, bathed, and annointed
by the king's daughter.
" While thefe officious tend the rites divine ,
" The laft fair branch of the Neftorisu line,
" Sweet Polycafte , took the pleafmg foil
" To bathe the prince, and pour the flagrant oil.
" O'er his fair limbs a flowery veft he threw,
" And iffusd, like a goi, to mortal view"."
A remarkable inftance of this plainnefs and
fimplicity occurs in the behaviour of Ruth to
Boaz her kinfman.
" Columbus's voyages. Herrera fays, that both men
and women were perfectly naked.
Pope's tranflation of the OdyfTey, b. 4. 1. 58.

OF RANKS. 3i
(l And when Boaz had eaten and drunk, and
" his heart was merry, he went to lie down at
" the end of the heap of corn : and flie came foft-
*' ly , and uncovered his feet and laid her down.
" And it came to pafs at midnight, that the
*' man was afraid, and turned himfelf: and be-
*' hold a woman lay at his feet.
" And he faid , Who art thou ? And She an-
** fwered , I am Ruth , thine hand-maid : fpread
" therefore thy fkirt over thine hand-maid, for
" thou art a near kinfman ". "
The influence of fuch manners muft be ex
tremely unfavorable to the rank and dignity of the
women; who are deprived of that confideration
and refpeCt which, in a polifhed nation, they are
accuftomed to derive from the paffion between the
Sexes.' It is , at the fame time , impoffible , in a
rude age, that they Should procure efteem by
fuch talents as they are capable of acquiring , or
by their ufefulnefs in fuch employments as they
have any occafion to exercife.
Among thoSe who are almoft continually em
ployed in war, or in hunting, and who, by their
manner of fife , are expofed to numberlefs hard-
fliips and dangers, aCtivity , ftrength, courage,
and military fkill , are the chief accomplishments
that are held in high estimation. Thefe accom
plishments, which in all ages excite a degree of
admiration , are , in a barbarous country , the prin
cipal fources of rank and dignity ; as they are moft
*' Ruth, chap. iii. ver. 7, g, 9.

3a THE ORIGIN
immediately ufeful to the people in procuring
food, and in providing for their perfonal Safety,
the two great objeCts which they have conftantly
in view. When the members of a rude tribe
return from an expedition , every man is refpeCted
in proportion to the aCtions which he has perform
med ; and that perfon is distinguished at the feaft
who has been fo fortunate as to Signalize himfelf
in the field. The various incidents of the battle,
or of the chafe , occupy their thoughts , and be
come an interefting fubjeCt of converfation. Thofe
who are old take pleafure in relating the deeds of
former times , by which their own reputation has
been eftablifhed , and in communicating to the
young thofe observations which they have trea-
Sured up, or thofe rules oS condnCt which appear
moft worthy oS attention. The Son, when he goes
out to battle, is armed with the fword of his fa
thers , and , when he calls to mind the renown
which they have acquired , is excited to a noble
emulation of their achievements*
The inferiority of the women , in this refpeCt ,
may be eafily imagined. From their Situation , in
deed , they naturallv acquire a degree of firmnefs
and intrepidity which appears furprifing to perfons
only acquainted with the manners of polifhed na
tions. It is ufual for them to accompany the men
in their expeditions either for hunting or for war ;
and it Sometimes happens that individuals are
excited , by the general Spirit of the times , to en
gage in battle , fo as even to gain a reputation
by their exploits. But whatever may have hap
pened

OF RANKS. 33
pened in fortie extraordinary cafes , We may ven
ture to conclude , that the female charaCter is by
no means fuited to martial employments ; and that,
in barbarous , as well as in refined periods , the
women are., for the moft part; indapable of rival
ing the other fex in point of ftrerigth and cou
rage. Their attentioir, therefore, is;- generally
limited to an humbler province. It falls upon
them to manage all the inferior concerns of the
houfehold, and to perform fuch domeftic offices as
the particular circumftances of the people have
introduced : offices which , however ufef ul , yet
requiring little dexterity or Skill, and being at
tended with no exertion of Splendid talents , are
naturally regarded as mean and Servile, and un
worthy to engage the attention of perfons who
command refpeCt by their military accopaplifliments.
Fro'm thefe observations we may form an idea
of the ftate and condition of the women in the
age! moft remote from improvement. Having
little attention paid them , either upon account of
thofe pleafures to which they are fubfervient, or
of thofe occupations which they are qualified to
exercife , they are degraded below the other fex ,
and reduced under that authority which the Strong
acquire over the weak : an authority , which , in
early periods , is SubjeCt to no limitation from the
government, and is therefore exerted with a de
cree of harfhneSs and feverity fuited to the dif>
pofitiqns of the people.
We accordingly find that , in thofe periods ,
tkie women of a family are ufually treated as the

it THE" ORIGIN
Servants or Slaves of the men1'. Nothing can
exceed the dependance and fubjeCtion in which
they are kept , or the toil and drudgery which they
are obliged to undergo. They are forced to la
bor without intermiffion in digging roots , in
drawing water, in carrying wood, in milking the
cattle , in dreffing the viCtuals , in rearing the chil
dren , and in thofe other kinds of work which
their Situation has taught them to perform. The
hufband, when he is not engaged in Some war
like exercife , indulges himSelf in idlenefs , and
devolves upon his wife the whole burden of his
domeftic affairs. He difdains to affift her in thefe
employments : She Sleeps in a different bed , and
is Seldom permitted to have any conversation or
correspondence with him z*.
Among the negroes upon the flave-coaft, the
wife is never allowed to appear before the hufband,
or to receive any thing from his hands , without
putting herfelf into a kneeling pofture2'.
In the empire of Congo , and in the greater
part of thofe nations which inhabit the fouthern
coaft of Africa , the women of a family are feldom
allowed to eat with the men. The hufband fits
alone at table, and the wife commonly ftands at

>;

Ev ii rs% Pxpgdfoi; ri S-»?.v x«i eiotAov rjiv uvriiv h'xu reify.
Ariftot. Polit. lib. i. cap. 2.
See "Kolbe'n voyage to the Cape of Good Hope. —
Hiftoire generate des voyages, torn. <;¦ liv, 14. chap. ;.
§ 4. Ibid. torn. 3. liv. 7. chap. 15. § u ibid. torn. 4.
liv. 10. ch. fi. — Sale's voyage to North- America.
" Hift. gener. des voy. torn. \. liv. io„ ch. 3.

O F R A N K S. 35
his back , to guard him from the flies , to Serve
him with his victuals, or to furnifh him his pipe
and his tobacco. After he has finished his meal,
She is allowed to eat what remains ; but without
fitting down , which it feems would be inconfiftent
with the inferiority and fubmiffion that is thought
Suitable to her fex ". When a Hottentot and his
wife have come into the fervice of an European,
and are entertained in the fame houfe , the mafter
is under the neceffity of allotting to each of them.
a diftinCt portion of victuals; which, out of regard
to the general ufage of their country , they always
devour at a diflance from one another ".
In the account lately given by Commodore
Byron of the Indians of South-America , we are
told , that " the men exercife a moft defpotic au-
" thority over their wives , whom they confider
" in the fame view they do any other part of
" their property ; and difpofe of them accordingly :
" even their common treatment of them is cruel ;
" for though the toil and hazard of procuring
" food lies entirely upon the women , yet they
" are not fuffered to touch any part of it till the
cc hufband is Satisfied ; and then he affigns them
" their portion , which is generally very Scanty ,
" and fuch as he has not a Stomach for himfelf. "
The fame author informs us , that he obferved a

Hiftoire generate des voyages; torn. 4- liv, 13.
ch. 3. § 2. Ibid. torn. 3. liv. 7. chap. 13. § 1.
17 Kolben's voyage to the Cape of Good Hope , chap.
15. § 6.
D 2

36 THE ORIGIN
like arbitrary behaviour in many other nations of
favages with whom he has fince become ac
quainted ".
From the Servile icondition of the women in
barbarous countries , they are rendered in a great
meafure incapable of property, arid are fuppofed
to have no Share in the eftate of that particular
family to which they belong. Whatever has been
acquired by their labor is under the Sole administra
tion and diSpoSil of thofe male relations and friends,
by whom they are proteCted, and from whom they
receive a precarious fubfiftence'. Upon the death of a
proprietor , his eftate is continued in the poffeffion
of his Sons , or transmitted to his other male rela
tions ; and his daughters are So far from being
entitled to a Share of the Succeflion , that they are
even confidered as a part of the inheritance,
which the heir has the power of managing at
pleafure. At the Cape of Good Hope , in the kingdom
of Benin , and in general upon the whole Southern
and weftern coaft of Africa , no female is ever ad-
mitt: d to the fucceffion of any eftate, either
real or perfonal ".
The fame cuftom is Said to be obferved among
the Tartars ; and there is Some reaSon to believe

Byron's- Narrative.

2»

Ste Ruben's voyage  Modern Univerfal Hiftory,
vol. 1 6. Ibid. vol. 17. — Hift. g(5n. des voy.
torn. 3,4.

OF RANKS, 3 f
ihit it has been anciently eftablifhed, among all
the inhabitants of Chaldea and Arabia 3°.
From the famous decifion of this point related
by Mofes, it appears that, in his time, the fuc-
crffion of females had been without a precedent;
and , by his appointment, they were only per
mitted to inherit upon a failure of males of the
fame degree.
" Then came the daughters of Zelophehad — .
v and they flood before Mofes , and beforq Eleazaf
ct the prieft , and before the princes , and all the
" congregation , by the door of the tabernacle of
a the congregation , faying ,
" Our father died in the wildernefs , and he
* was not in the company of them that gathered
B themfelves together againft the Lord in the
" company of Korah ; but died in his own fin ,
" and had no Sons.
" Why Should the name of our father be done
w away from among his family, becaufe he hath
" no fon? Give unto us therefore a poffeffion.
" among the brethren of our father.
" And Mofes brought their caufe before the
" Lord. " And the Lord fpake unto Mofes , Saying ,
w The daughters of Zelophehad fpeak right ;
a thou Shalt Surely give them a poffeffion of an
" inheritance among their father's brethren , and
'° Hiftoire generate des voyages, torn. 9. liv. 4. chap. 2*
S 6. page 3 18. -^ Vide Perizon de leg. Vocon.
D3

38 THE ORIGIN
" thou flialt cauSe the inheritance of their fathei
c< to pafs unto them.
" And thou Shalt Speak unto the children of
K ISrael, faying, If a man die, and have no Son,
<c then ye Shall cauSe his inheritance to paSs unto
" his daughter ".
In all thofe German nations which over-ran and
fubdued the different provinces of the Roman
empire , the fame notions were entertained con
cerning the inferiority of the women; and the
fame rules oS SucceSfion were naturally introduced.
It is probable that , according to the original cuftoms
which prevailed in all thefe nations, daughters,
and ali other Semale relations, were entirely ex
cluded from the right of inheritance; but that
afterwards , when the increafe of opulence and
luxury had raifed them to higher consideration,
they were admitted to Succeed after the males of
the fame degree ".
In a country where the women are univer
sally regarded as the Slaves of the other fex, it is
natural to expeCt that they fliould be bought
and fold, like any other fpecies oS property. To
marry a wife muft there be the fame thing as
to purchafe a female Servant, who is to be in-
trufted , under the hufband's direCtion , with a
great part of the domeftic economy.
Thus, in all Savage nations , whether in Afia,
Africa, or America, the wife is commonly bought
" Numbers , chap, xxvii. ver. i , 3 , 3 , 4, 5 , 6, 7 , «,
Tacit, de mor. German.

OF RANKS. 3g
by the hufband from the father , or thofe other
relations who have an authority over her ; and
the conclufion of a* bargain of this nature , together
with the payment of the price , has therefore
become the moft ufual form or folemnity in the
celebration of their marriages ".
This appears to be the real foundation of what
is related by hiftorians ; that in fome parts of the
world it is ufual for the hufband to give a dowery
to the wife or her relations, inftead of the wife
bringing along with her a dowery to the hufband.
" Dotem non uxor marito , fed uxori mari-
" tus offert, " is the expreffion ufed by Tacitus
in fpeaking of this praCtice among the ancient
German nations '*.
When Shechem wanted to marry the daugh
ter of Jacob — "He faid unto her father, and
v unto her brethren , Let me find grace in your
** eyes, and what ye fhall Say unto me I will give.
*' Alt me never So much dowery and gift. And

" This practice obtains in the kingdom of Pegu. See
Modern Univerfal Hift. vol. 7. — In Siberia. See pro-
feffor Gmelin's travels into Siberia, vol. i. p. 29. —
Among the Tartars. Dr. Cook's travels through the Ruffian
empire, &c. vol. 2. chap. 21. Hift. gen. des voy. torn.
9. — Among the negroes on the coaft of Guinea. Ibid.
torn. 4. — Among the Arabs. See D'Atvieux5 travels.
" Mud stiam prsefenti lege placuit contineri , ut fi
** mulier maritum habens fine filiis hac luce tranfierit,
" maritus defun&se uxoris pretium, quod pro ilia datum
w fuerit , non requirat. " Leges Bargundior. tit. 14. 1. 3,
** Tacit, de mor. German.
D 4

4o THE ORIGIN
" I willgive according as ye fhall fay unto me:
but give me the damSel to wife"."
When David married the daughter of king
Saul , he was obliged to pay a dowery of a very
Singular nature ".
This ancient cuftom , that the hufband fliould
buy his wife from her relations , remains at prefent
among the Chinefe ; who , notwithstanding their
opulence , and their improvement in arts , are
ftill fo wonderfully tenacious of the ufages intro
duced in a barbarous, period37.
Sir Thomas Smith takes notice, that, according
to the old law of England , " the woman , at the
et church-door , was given of her father , or fome
« other m3n of the next of her kin , into the
" hands of the hufband ; and he laid down gold
a andyi'/ver for her upon the book, as though he
& did buy her"." In the early hiftory of France
we meet with a fimilar praCtice ; of which there
are traces remaining in the prefent marriage-.
ceremony of that country".
Upon the fame principle , the hufband is, ge-

" Genefis, chap. xxiv. ver. ii, 12.
3 1 Samuel, chap, xviii. ver. 25.
See P. Le Compte's Memoirs of China.
The Common- wealth of England , b. 3. chap. g.
" Le futur epoux devoit offrir une fomme aux parens
K de la fille. " M. L'Abbe Velly, Hift. de France, torn. 1.
gVQ. p. 268.

OF RANKS. 41
nerally underftood to have the power of felling
his wife, or of putting her away at pleaSure *\
It may however be remarked , that this is a
privilege , which , from the manners of a rude
people, he Seldom has reaSon to exercife. The
wife , who is the mother of his children , is ge
nerally the moft proper perfon to be employed
in the office of rearing and maintaining them. As
flie advances in years , She is likely to advance in
prudence and discretion ; a circumftance of too
much importance to be counterbalanced by any
considerations relating to the appetite between
the Sexes. Nothing but Some extraordinary crime
that She has committed, will move the hufband
to put away So ufeful a fervant , with whom he
has long been acquainted , and whofe labor ,
attention , and fidelity , are commonly of more
Value than all the money She will bring in a
market. Divorces are therefore rarely to be met
with in the hiftory of early nations.
But though the wife is not apt to incur the
fettled difpleafure of her hufband, which might
lead him to banifh her from the family , She may
often experience the fudden and fatal effeCts of
his anger and refentment. When unlimited power
40 This is the cafe in the kingdom of Congo. Modern
Univer. Hift. — Upon the flave-coaft. Hift. gen. des voy.
Among the Samoeides. Le Brun. Obfery. on Ruffia. —
The Oftiaeks. Prefent State of Ruflia. pub* 1722. — At
Bantam — and in the Ifland of Banda. Recueil des voyages
qui ont fervi a l'e ablilTement de la comp. des Indes
Orient, dans les PaisBas, 8 vo. torn. 2. p. 41. p. -16.

42 THE ORIGIN
is committed to the hands of a favage , it cannot
fail , upon many occafions , to be grofsly abufed.
He looks upon her in the fame light with his
other domeftic fervants , and expeCts from her
the fame implicit obedience to his will. The
leaft oppofition kindles his refentment ; and , from
the natural ferocity of his temper , he is frequently
excited to behave with a degree of brutality which,
in fome cafes , may prove the unhappy occafion
of her death.
Among the ancient inhabitants of Gaul , the
hufband exerciSed the power of life and death over
his wives , and treated them with all the feverity .
of an abfolute and tyrannical matter. In that coun
try, whenever a perfon of diftinCtion was thought
to have died a violent death, his wives lay under
the fame fufpicion of guilt with his other domeftic
fervants ; and in order to difcover who had com
mitted the crime, they were all SubjeCted to the
torture *'.
But of all the different branches of power with
which in a rude age the hufband is ufually invert
ed, we meet with the fulleft and moft complete
illuftration in the ancient law of the Romans. By
that law , a wife was originally confidered as , in

" Viri in uxores ficuti inliberos, vitze necifque ha.
cc bent poteftatem : et quum paterfamilias illuftriore loco na«
" tus deceffit, ejus propinqui conveniunt, et de morte, fi
cc res in fufpicionem venit , de uxoribus in fervilem
" modum quseftionem habent. " Caf. de bell. Gall.
lib. 6. § 18.

OF RANKS. 43
every refpeCt , the flave of her hufband **. She
might' be fold by him, or She might be put to
death by an arbitrary exertion of his authority.
From the ceremonies which were ufed in the more
Solemn and regular celebration of marriage, it
feems probable that , in early times , the wife was
purchafed with a real price from her relations 4\
She was held incapable of having any eftate of
her own , and whatever She poffeffed at the time
of her marriage , became the abfolute property of
her hufband **.
It will be thought , perhaps , a mortifying pic
ture that is here prefented to us , when we con
template the barbarous treatment of the female
fex in early times, and the rude ftate of thofe
paffions which may be confidered as the origin
of fociety. But this rudenefs and barbarifm , fo
univerfally discovered in the early inhabitants of
the world, is not unfuitable to the mean condition
in which they are placed, and to numberlefs
hardships and difficulties which they are obliged
to encounter. When men are in danger of perish
ing for hunger ; when they are exerting their
utmoft efforts to produce the bare neceffaries of
life ; when they are unable to Shelter themfelves
from beafts of prey , or from enemies of their
41 She was faid " conveniri an manum mariti, " and
was precifely in the fame condition with a " filia-
familias. "
*3 The ceremonies of K coemptio. "
4* Vide Heinec. Antiq. Roman.

44

THE ORIGIN

own kind, no lefs ferocious; their conftitution
would furely be ill adapted to their circumftances,
were they endowed with a refined tafte of pleafure,
and capable of feeling the delicate diftreffes and
enjoyments of love, accompanied with all thofe
elegant Sentiments , which in a civilized and en
lightened age, are naturally derived from that paffion.
DifpoSitious of this nature would be altogether
miSplaced in the breaft oS a Savage : They would
even Ue exceedingly hurtful, by turning his
attention from real wants , to the purfuit of
imaginary, and what , in his Situation , muft be
accounted fantaftical gratifications. Neither will
it efcape observation , that this refinement would
be totally inconfiftent with the other parts of
his charaCter. Nations who have fo little regard
to property as to live in the continual exercife of '
theft and rapine; who are fo destitute of humanity,
as , in cold blood , to put their captives to death
with the moft excruciating tortures ; who have the
Shocking barbarity to feed upon their fellow-crear
tures , a praCtice rarely to be found among the
fierceft and moft rapacious of the brute animals;;
fuch nations, it is evident, would entirely depart
from their ordinary habits and principles of aCtion,
were they to difplay much tendernefs. or be*h.e-
volence, in confequence of that blind appetite
which unites the fexes. It ought, at the fame
time to be remembered, that , how poor and
wretched foever the afpeCt of human nature in
this early ftate , it contains the feeds of improve-"
ment, which, by long care and culture, are

OF RANKS, 45
capable of being brought, to maturity ; fo- that the
lower its primitive condition, it requires the greater
exertions of labor and aCtivity , and calls for a
nwpre extenfive operation of thofe wonderful pow
ers and faculties, which, in a gradual progref-
fion from fuch rude beginnings , have led to the
nobleft discoveries in art or fcience , and to the
moft exalted refinement of tafte and manners.

SECTION II.
The influence acquired by the mother of a family ,
before marriage is completely ejlablijhed.
%5 U C H are the natural effeCts of poverty and
barbarifm , with refpeCt to the paffions of fex , and
with refpeCt to the rank in fociety which the
women are permitted to enjoy; There1 is one
circumftance , however , in the manners of a rude
age , that merits particular attention; as it appears ,
in fome countries, to have produced a remarkable
exception to the foregoing obfervations.
Although marriage, for the reafons formerly
mentioned , is undoubtedly a very early inftitution ,
yet fome little time and experience are neceffary
before it can be fully eftablifhed in a barbarous
community ; and we read of feveral nations , among
whom it is either unknown, or takes place in a
Very imperfeCt and limited manner.
/ To a people who are little acquainted with that
inftitution it will appear , that children have much

46 THE ORIGIN
more connexion With their mother than with their
father. If a woman has no notion of attachment
or fidelity to any particular perfon , if notwithftan-
ding her occafional intercourse with different in
dividuals flie continues to live by herfelf , or with
her own relations, the child which flie has born,
and which flie maintains under her own infpeCtion,
muft be regarded as a member of her own family <
and the father, who lives at a diftance, can have
no opportunity of eftablifhing an authority over
it. We may in general conclude , that the Same
ideas which obtain in a poliflied nation , with
regard to baftards , will , in thofe primitive times ,
be extended to all , or the greater part of the
children produced in the country.
Thus , among the Lycians , children were accuf-
tomed to take their names from their mother , and
not from their father; fo that if any perfon was
defired to give an account of the family to which
he belonged , he was naturally led to recount his
maternal genealogy in the female line. The fame
cuftom took place among the ancient inhabitants
of Attica ; as it does at prefent among feveral tribes
of the natives of North-ALmerica, and of the In
dians upon the coaft of Malabar '.
1 Herodot. hift. lib. i. — See Goguet's Origin of Laws, &c
vol. 2. book. i. — Charlevoix , Journal hiftorique d'un
voyage de l'Amer. Nouveau voyage aux Indas Orientales,
torn. 2. p. 20. — Mod. Univ. Hift. vol. 6. p. 5-61.
Veftiges of the fame pndtice are alfo to be found in the
writings of the Roman Lawyers. " Qui ex duobus igitur
" campanis parentibus natus eft , campanus eft. Sed fi ex

OF RANKS.

45

In this fituation , the mother of a numerous
family , who lives at a diftance from her other re
lations, will often be raifed to a degree of rank
and dignity to which , from her fex , She would
not otherwife be entitled. Her children being, in
their early years , maintained and protected by her
care and tendernefs , and having been accuftomed
to Submit to her authority, will be apt, even af
ter they are grown up , and have arrived at their
full Strength and vigor, to behave to her with
fome degree of reverence and filial affeCtion. Al
though they have no admiration of her military
talents, they may refpeCt her upon account of her
experience and wifdom; and although they fliould
not themfelves be always very Scrupulous in pay
ing her an implicit obedience, they will probably
be difpofed to efpoufe her quarrel , or to Support
her intereft againft every other perfon.
" patre eampano , matre puteolana , seque mimiceps cam-
" panus eft : nifi forte privilegio aliquo materna origo cen-
" featur : tunc enim materna; originis erit municeps.
" Utpote illienfibus cpneeffumeft , ut qui matre ilienfe eft ,
" Jit eorum municeps. Etiam Delphis hoc idem tributum
" et confervatum eft. Gelfus etiam refert, Pontiqis ex
*' beneficio Pompeii magni competere , at qui Pontica
*' matre natus effet , Ponticus ejfet : quod beneficium ad
" vulgo qusfitos folos pertinere quidam putant : quorum
" fententiam Celfus non probat : neque erlim debuifTe ca-
" veri ut vulgo qucefitus matris conditionem fequeretur :
" quam enim aliam originem hie habet ? fed ad qui eos
" ex diverfarum civitatum parentibus orirentur ," 1. i. § z.
Dig. ad Municipal. See alfo 1. <;i. 1. 6i. Cod. Theod.
de decurion.

48 THE ORIGIN
We are informed , indeed , that when a young
Hottentot is of age to be received into the fociety
of men , it is ufual for him to beat and abufe his
mother , by way of triumph at being freed from
her tuition. Such behaviour may happen in a
rude country , where , after marriage is esta
blished , the Superior Strength of the hufband has
raiSed him to the head oS his family , and where
his authority has of courfe annihilated that of the
wife , or at leaft greatly reduced her confideration
and importance. But in a country were children
have no acquaintance with their father , and are
not indebted to him for SubSiftence and proteCtion,
they can hardly fail , during a confiderable part
of their life , to regard their mother as the prin
cipal perfon in the family.
This is in all probability the fource of that
influence which appears to have been poffeffed
by the women in feveral rude and barbarous
parts of the world.
In the iSland of Formofa , it is Said, that in
forming that flight and tranfient union between
the Sexes, to which our travellers, in conformity
to the cuftoms of Europe, have given the name
of marriage, the hufband quits his own family,
and paffes into that of his wife , where he conti
nues to refide as long as his connexion with her
remains1. The fame cuftom is Said to be efta-

' Du Halde, vol. i. p. 179. bliflied

OF RANKS.

49

blifhed among the people called Moxos , in
Peru'.
In the Ladtone iflands the wife is abfolute mif-
trefs of, the houfe, and the hufband is not at
liberty to difpofe of any thing without her per-
miffion. She chaftifes him, or puts him away,
at pleafure ; and whenever a Separation happens ,
She not only retains all her moveables , but alfo her
children , who confider the next hufband She takes
as their father \
The North - American tribes are accuftomed to
admit their women into their public councils, and
even to allow them the privilege of being firft
called to give their opinion upon every fubjeCtof
deliberation. Females $ indeed, are held inca
pable- of enjoying the office of chief, but through
them the fucceflion to that dignity is continued ,
and therefore , uoon the death of a chief , he is
Succeeded , not by his own Son , but by that of
his lifter; and in default of the filter's Son, by his
neareft. relation in the female liiie^ When his
whole family happens to be extinCt* the right of
naming a fucceifor is claimed by the nobleft ma
tron of the village;
It is obferved, however , by an author who has
given us the fulleft account of all thefe particulars^
' See theeXtradtofa Spanifli relation, printed by order of
the Bifhop of the city Delia Paz, publifhed in the Travels of
theJefuits, by Mr. Lockmari, voh 2. p. 446.
Father Gobien's hiftory of the Ladrone or Marian iflands.
— See Callender's coll. vol. 3. p. 51, 52. E

So, THE ORIGIN
that the women of North - America do not arrive
at this influence and dignity till after a certain
age , and after their children are in a condition to
procure them refpeCt ; that before this period
they are commonly treated as the flaves of the
men; and that there is no country in the world
where the, female fex is in general more! negleCted
and defpifed '.
Among the ancient inhabitants of Attica , the
women had, in like manner, a Share in public
deliberations. This cuftom continued till the reign
of Cecrops, when a revolution was produced, of
which the following fabulous relation has been
given by hiftorians. It is faid that, after the build
ing of Athens , Minerva and Neptune became
competitors for the honor of giving a name to the
city, and that Cecrops called a public affemblyof
the men and women in order to determine the
difference. The women were interested upon the
part of Minerva ; the men upon that of Neptune;
and the former carried the point by the majority
of one vote. Soon after, there happened an
inundation of the fea , which occafioned much
damage, and greatly terrified the inhabitants,
who believed that this calamity proceeded from
the vengeance of Neptune for the affront he had
Suffered. To appeafe him , they refolved to punifb
the female fex , by whom the offence was com-
piitted , and determined that no woman Should
for the future be admitted into the public afferw

'OF RANKS. 51
blies , nor any child be allowed to bear the name
of its mother '.
It may explain this piece of ancient mythology
to obferve, that in the reign of Gecfops marriage
was firft eftablifhed among the Athenians. In
conSequence of this eStabliihment the children were
no longer accuftomed to bear the name of their
mother, but t:ut of their father, who, from his
fuperior ftrength and military talents , became the
head and governor of the family ; and as the in
fluence of the women was thereby greatly dimini
shed , it was to be expeCted that they Should , in a
little time , be entirely excluded from thofe great
affemblies which deliberated upon public affairs.
Among the ancient Britons we find , in like
manner , that the wornen were accuftomed to
vote in the public affemblies. The rude and im-
perfeCt inftitution of m.uriage, and the community
of wives , that anciently took place in Britain ,
muft have prevented the children from acquiring
any confiderable connexion with their father, and
have dif'pofed them to follow the condition of
their mother, as wellas to Support her intereft
and dignity.
When a woman , by being at the head of a
large family, is thus advanced to influence anl
authority, and becomes a fort of female chief, She
naturally maintains a number of fervants , and
endeavours to live with fuitable fplendor and
magnificence. In proportion to her affluence , She
' See Goguet's origin of laws, &c. vol. 2. book 1.
E 2

5a THE ORIGIN
has the greater temptation to indulge her fenfuil
appetites ; and , in a period when the fexes are but
little accuftomed to control or difguife their in
clinations, She may, in Some caSes, be led into a
correspondence with different male retainers, who
happen to reSide in her family , and over whom
She exercifes an authority reSembling that of a mafter.
The above remark may account for what is
related by historians ; that , in fome provinces of
the ancient Median empire, it was cuftomary for
women to entertain a number of hufbands , as in
others, it was ufual for men to entertain a number
of wives or concubines 7. The dominion of the
ancient Medes comprehended many extenfive
territories; in Some of which, the inhabitants were
extremely barbarous; in others, no lefs opulent
and luxurious.
This unufual kind of polygamy , if I may be
allowed to ufe that expreffion , is eftablifhed. at
prefent upon the Coaff of Malabar 8 , as well as in
fome cantons of the Iroquois in North- America ';
and though there is no praCtice more inconfiftent
with the views and manners of a civilized nation,
it has in all probability been adopted by many
individuals , in every country where the inhabit*
Strabo, lib. n.
Modern Univerfal Hiftory, vol. 16  Capt. Hamik
ton fays , that upon die coaft of Malabar a woman U not
allowed to have more than twelve husbands.
Charlevoix , journal hift.

©FRANKS. 53
ants were unacquainted with the regular inftitution
of marriage io.
It is highly probable , that the celebrated
traditions of the Amazons , inhabiting the moft
barbarous regions of Scythia , and the relations
of a fimilar people in fome parts of America, have
arifen from the ftate of manners now under con
sideration. Though thefe accounts are evidently
mixed with Sable, and appear to contain much
exaggeration, we can hardly SuppoSe that they
would have been propagated by So many authors,
and have created fuch univerSal attention , had
they been entirely destitute of real foundation".
In a country where marriage is unknown, females
are commonly exalted to be heads of families ,
or chiefs, and thus acquire an authority, which,
notwithstanding their inferiority in Strength , may
Father Tachatd, Superior of the French Mifliorary-
Jefuits in the Eaft-Indies , gives the following account of
the inhabitants in the neighborhood of Calicut. "In this
" country," fays he, called Malleami , " there mecajiet,
*' as in the reft of India. Moft of them obferve the fame
*' cuftoms; and., in particular, they all entertain a like
" contempt for the religion and manners of the Europeans.
" But a circumftance, that perhaps is not found elfewhere ,
" and which I myfelf could fcarce believe , is , that among.
" thefe b-rbarians , and efpecially the noble cajies , a wo-
*' man is allowed, by the laws, to have fevwral husbands.
" Some of thefe have had ten husbands together , all whom
K they look upon es fo many Haves that their charms have
" fubjeded." Lettres edifiant« & curieufes , tranflated
by Mr. Lockman, vol. I. p. 168.
*' Vide Petit, diilert. de Amazon. El

54 TH E ORIGIN
extend to the direCtion of war , as well as of other
tranfaCtions. So extraordinary a SpeCtacle as that
of a military enterprife conduced by women, and
where the men aCted in a Subordinate capacity,
muft have filled the enemy with wonder and
aftonifhment , and might eafily give rife, to thofe
fiCtions of a female republic, and of other circum-
ftances equally marvellous , which we meet with
in ancient writers.
" Ducit Amazonidum lunatis agmina peltis
" P-nthefil.a fure.s, meaiifque in millibus ardct ,
" Aur.a fubnedens exfertaj cingula mammae ^
" Bellatrix , audetque viris concurrere vngo. ''

SECTION III.
The refinement of the paffions of Sex, in the
Pajloral Ages.
W HEN we examine the circumftances which
occafion the depreffion of the women , and the
low eftimation in which they are held-, in a
Simple and barbarous age, we may eafily ima
gine in what manner their condition is varied
and improved in the Subfequent periods of So
ciety. Their condition is naturally improved
by every circumftance which tends to create
more attention to the pleafures of fex , and to
increafe the value of thofe occupations that are
fuited to the female charaCter; by the cultivation

O F R A N K S. 55
df the arts of life ; by the advancement of
opulence ; and by the gradual refinement of tafte
and manners. From a view of the progrefs of
fociety , in thefe reSpeCts , we may , in a great
meaSure , account Sor the diverSity that occurs
among different nations , in relation 'to the rank
of the fexes , their difpofitions and Sentiments
towards each other, and the regulations which
they have eftablifhed in the Several branches of
their domeftic economy.
The invention of taming and pafturing cattle,
which may be regarded as the firft remarkable
improvement in the favage life, is productive ot
very important alterations in the ftate and manners
of a people.
1 A fl.epherd is more regularly fupplied with
food , and is commonly fubjeCted to fewer hard
ships aid calamities than thole who live by hunting
and fifhing, In proportion to the fize of his
family , the number of his flocks may in fome
meafure be increafed; while the labor which is
requifite for their management can never be very
oppreflive. Being thus provided with neceffaries,
he is led to the purfuit of thofe objeCts which
may render hi* fituation more eafy and comfort-
table ; and among thefe the enjoyments derived
from the intercourfe of the fexes claim a principal
Share , and become an objeCt ot attention.
The leifure , tranquillity, and retirement of
a paftoral life , feem calculated in a peculiar
manner to favor the indulgence of thofe indolent
gratifications. From higher notions of refinement
E i- i

56 THE ORIGIN
a nicer diftinCtion is made with regard to the
objeCts of defire ; and the mere animal pleafure
is more frequently accompanied with a corref-
pondence of inclination and Sentiment. As this
muft occafion sp. great diverfity in the tafte of
individuals, it proves, on many occafions, an
obftruCtion to their happinefs, and prevents the
lover from meeting with a proper return to his
paffion. But the delays and the uneafineSs to<;
which he is thereby SubjeCted, far from reprefling,
the ardor of his wifhes, Serve only to increaSe it;
find, amid the idleneSs and freedom from other
cares which his Situation affords, he is often'
wholly occupied by the fame tender ideas, which
are apt to inflame his imagination , to become
the principal fubjeCt of fuch artlefs expreffive
Songs as he is capable oS compoSing for his ordina
ry paftime and amufement.
In confequence of thefe improvements the
virtue of chaftity begins to be recognifed ; for
when love becomes a paffion , inftead of being a
mere fenfual appetite , it is natural to think that
thoSe affeCtions which are not diffipated by
variety of enjoyment, will be the pureft and the
ftrongeft. The acquisition of property among Shepherds
has alSo a considerable effeCt upon the commerce
oS the Sexes.
ThoSe who have no other Sund for their fub-
fiftence but the natural fruits of the earth , or the
game which the country affords, are acquainted
with no other diftinCtions in the rank of indi-

O F R A N K S. 57
1
-viduals , but fuch as arife from their perfonal
accomplishments ; diftinCtions which are never con
tinued for any length of time in the fame family,
and which therefore can never be productive of
any lafting influence and authority. But the in
vention of taming and pafturing cattle gives rife
to a more remarkable and permament diftinCtion
of ranks. Some perfons, by being more induf
trious or more fortunate than others, are led in
a Short time to acquire more numerous herds and
'flocks , and are thereby enabled to live in greater
affluence , to maintain a number of fervants and
retainers, and to increafe, in proportion,, their
, , power and dignity. As the fuperior fortune which
is thus acquired by a fingle perfon is apt to re
main with his pofterity, it creates a train of
dependance in thofe who have been conneCted
with the poffeffor ; and the influence which it 00*
canons is gradually augmented, and tranfmitted
from one generation to another.
The degree of wealth acquired by fingle fa
milies of Shepherds is greater than may at firft be
imagined. In the eaftern parts of Tartary , where
the~ inhabitants are chiefly maintained upon the
flefli of rein-deer, many of the rich poffefs ten or
twenty thoufand of thofe animals ; and one of the
chiefs of that country , according to an account
lately published , was proprietor of no lefs than
a hundred thoufand.
The introduction of wealth , and the diftinCtion
of ranks with which it is attended , muft interrupt
the communication of the fexes , and , in many

58 THE ORIGIN
cafes , render it difficult Sor them to gratiSy their
wifhes. As particular perSons become opulent,
they are led to entertain fuitable notions of their
own dignity ; and , while they aim at Superior ele
gance and refinement in their pleafures , they dif-
dain to contract an alliance with their own de
pendents, or with people of inferior condition.
If great families , upon an equal footing , happen
to refide in the Same neighbourhood , they are fre
quently encraged in mutual depredations, and are
obliged to have a watchful eye upon the conduCt
of each other , in order to defend their perfons
and their property. The animofities and quarrels
which arife from their ambition or defire of plun
der , and which are fomented by reciprocal inju
ries, difpofe them, in all cafes, to behave to one
another with diftance and referve , and Sometimes
prove an infuperable bar to their correspondence.
Among perfons living upon fuch terms , the
paffions of fex cannot be gratified with the fame
facility as among hunters and fifhers. The forms
of behaviour , naturally introduced among indi
viduals jealous of each other, have a tendency to
check all familiarity between them, and to render
their approaches towards an intimacy propor-
tionably flow and gradual. The rivalfliip SubSifting
between different Samilies , and the mutual pre
judices which they have long indulged , muft of
ten induce them to oppofe the union of their
refpeCtive relations: And thus the inclinations of
jnd.viduals having in vain ,been fmothered by
oppofttion , will break forth with greater vigor ,

O F R A N K S, 5g
and rife at length to a higher pitch , in proportion
to the difficulties which they have furmounted.
Upon the eaftern coaft of Tartary , it is Said that
fuch tribes as are accuftomed to the pafturing of
cattle difcover Some fort of jealoufy with regard
to the chaftity of their women ; a circumftance
regarded as of no importance by thofe inhabitants
of the fame country who procure their SubSiftence
merely by fifhing '.
From what is related of the patriarch Jacob ,
it would feem, that thoSe families or tribes of Shep
herds which were anciently Scattered over the
country of Arabia , had attained fome degree of
improvement in their manners.
" And Jacob loved Rachel; and faid, I will
" ferve thee feven years for Rachel thy younger
" daughter.
" And Laban faid , It is better that I give her
" to thee than that I Should give her to another
" man: abide with me.
*' And Jacob Served Seven years for Rachel:
" and they Seemed unto him but a few days , for
u the love he had to her \
In the compofitions of Offian, which defcribe
the manners of a people acquainted with pafturage,
there is often a degree of tendernefs and delicacy
of fentiment which can hardly be equalled in the
moft refined productions of a civilized age. Some
allowance no doubt muft be made for the heighten-
1 Hiftory of Kamtfchatka.
' GenUis, chap. xxhv ver. 18, 19, 20.

fo THE ORIGIN
ing of a poet poffeffed of uncommon genius and
fenfibility ; but, at the fame time, it is probable,
that the real hiftory of his countrymen was the
ground-work of thofe events which he has related,
and of thofe tragical effects which he frequently
afcribes to the paffion between the fexes '.
" Lorma fat in Aldo's hall, at the light of a
" flaming oak : the night came , but he did not
" return , and the foul of Lorma is fad. — - What
1 As this poet was chiefly employed in defcribing grand
and fublime objeds, he has feldom had otcafion to in-
tsoduce any images taken from the paftoral life. From
the following paflages , however , there can be no doubt
that , in his time , the people in the Weft-Highlands of
Scotland, as well as upon the neighbouring coaft of Ireland,
were acquainted with pafturage. "The dear defcend from the
'' hill. No hunteratadiftanceisfeen. No whiffling cove-herd
'' is nigh. " Carrie- thura.
" Let Cu.h.lKn," faid Cairbar, " divide the herd on
" th- hill. His breaft is the feat of juftice. Depart,
" th u light of beauty. I went and divided the herd. One
*' bull of fnow remained, I gave that bull to Cairbar.
The wrarh of Deugala rofe. " Fingal, B. II.
I am informed that , in the Erfe language , the word
uf.H to denote a man who has nothing , fignifies pro
perly one who has no head of cattle ,• which affords a pre-
fumption that , in the countries where this language was
fpoken, pafturage was nearly coeval with property. It is, at
the fame time, difficult to imagine, that people fhould poffefs
the art of managing a chariot drawn by horfes, without having
previoufly learnt fomething of the management of herds and
flocks: Not to mention, that, in thofe parts of Britain
which woe known to the Romans, the pafturing of cattle
wa underftood for ages before the time when Oflian is
fuppoi'ed to have liv.d.

O F R A N K S. 61
H detains thee Hunter of Cona? for thou didft
" promife to return. — Has the deer been diftant
" far, and do the dark winds figh round thee bn
" the heath ? I am in the land of ftrangers , where
" is my friend , but Aldo ? Come from thy echoing
" hills, O my belt beloved!
" Her eyes are turned towards the gate , and
" She liftens to the ruffling blaft. She thinks it is
" Aldo's tread, and joy rifes in her face: — but
*' forrow returns again , like a thin cloud on the
" moon. — And thou wilt not return , my love ?
" Let me behold the face of the hill. The moon
*' is in the eaft. Calm and bright is the breaft of
" the lake ! When fhall I behold his dogs return-
" ing^ from the chafe ? When fhall I hear his
" voice loud and diftant on the wind? Come
" from thy echoing hills, Hunter of Woody
"Cona! " His thin ghoft appeared on a rock, like tha
" watery beam of the moon, when it rulhes from
" between two clouds, and the midnight Shower
" is on the field. — She followed the empty for n
" over the heath , for flie. knew that her hero felL
" — I heard her approaching cries on the wind ,
" like the mournful voice ot the breeze , when it
" fighs on the grafs of the cave.
" She came, She found her hero: her voice was
*' heard no more; filent She rolled her fad eyes;
" fhe was pale as a watery cloud , that rifes from
fi the lake to the beam of the moon.
'' Few wei"e her days on Cona : ihe funk into
" the tomb ; Eingal commanded his bards , and

62 THE ORIGIN
" they fang over the death of Lorma. The
" daughters of Morven mourned her for one day
" in the year, when the dark winds of autumn
" returned *. " ¦
In the agreeable pictures of the golden age ,
handed down from remote antiquity , we may
difcover the opinion that was generally entertained
of the fituation and manners of Shepherds. Hence
that particular fpecies of poetry , which is now
appropriated by fafhion, to defcribe the pleafures
of rural retirement , accompanied with innocence
and Simplicity, and with the indulgence of all the
tender paffions. There is good reafon to believe,
that theSe representations of the paftoral life were
not inconliftent with the real condition of Shep
herds, and that the poets, who were the firft
hiftorians , have only embelliflied the traditions of
early times. In Arcadia , in Sicily, and in Some
parts of Italy, where the climate was favorable
to the rearing of cattle, or where the inhabitants
were but little expcfed to the depredations of
their neighbours , it is probable that the refinement
natural to the paftoral ftate was carried to a great
height. This refinement was the more likely to
become the Subject of exaggeration and poetical
embellishment; as, from a view of the progreffive
improvements in Society, it was contrafted, on
the one hand , with the barbarous manners
of mere favages ; and, on the other, with the
oppohte ftyle of behaviour in. poliihed nations,
The battle of Lora.

O F R A N K S. 63
who, being conftantly engaged in the purfuit of
gain, and immerfed in the cares of bufinefs, have
contraCted habits of induftry , avarice , and
felfiflinefs. " Nondum caafa fuis , peregrinijm ut viferet orbem ,
" Moncibus , in liquidas piqus defcenderat undas :
" Nullaque mprtales , praet-ir fua , littora norant.
a Nondum praejipites ciagebant oppiia foffse :
*' Non tuba diredti , non aeris cornua flexi ,
." Non galeae , non enfes erant. Sine militis ufu
a Mollia fecurae persgebant otia mentes.
u Ipfa quoque immunis , raftroque intadti , nee ullis
" Saucia voweribus, per fe dabat omnia tellus ;
cc Contentique cibis , nullo cogente , crsatis ,
** Arbuteos foetus , montanaque fraga legebant ;
a Cornaque , et in duris hserentia mora rubetis ;
" Et quae deciderant patula Jovis arbore glandes :
ct , Ver erat eternura , placidique tepentibus auris
w Miilcebant zephyri , natos fine femme flores. "

64 THE ORIGIN

SECTION IV.
The confequences of the introduction of Agricul
ture, with refpeCt to the intercourfe of the Sexes.
J H E paffions which relate to the commerce
of the fexes may be ftill raifed to a greater height,
when men are acquainted with the cultivation of
the ground , and have made Some progrefs in the
different branches of huibandry.
The improvement of agriculture , which in
moft parts of the world has been pofterior to the
art of taming and rearing cattle , is produCtive of
very important alterations in the ftate of fociety;
more efpecially with refpeCt to the fubjeCt of our
prefent inquiry. Although this employment
requires greater induftry and labor than is necef-
fary among men who have only the care of herds
and flocks ; yet by producing plenty of vegetable
as well as of animal food, it multiplies the comforts
and conveniences of life , and therefore excites in
mankind a Stronger defire oS obtaining thofe
pleafures to which they are prompted by their
natural appetites. It alfo obliges men to fix their
refidence in the neighbourhood of that Spot where
their labor is chiefly to be employed, and thereby
gives riSe to property in land, the moft valuable
and permanent Species of wealth ; by the unequal
distribution of which a greater disproportion is made in

O F R A N K S. 6$
in the fortune and rank of individuals , and the
caufes of their diffenfion and jealouSy are, of
courfe , extended.
In the heroic times of Greece, we may, in
fome meafure , difcern the effeCt of thefe cir-
cumftances upon the charaCter and manners of
the people.
The inhabitants of that country were then
divided into clans or tribes, who, having for the
moft part begun the practice of agriculture, had
quitted the wandering life Of Shepherds, and eftab-
lifhed a number of Separate independent villages.
As thofe little Societies maintained a conftant
rivalfhip with each other, and were frequently
engaged in aCtual hoftilities , they were far from
being in circumftances to encourage a familiar
correfpondence ; and when in particular cafes a
formal vifit had produced an interview between
them, it was often attended with fuch confequences
as might be expeCted from the reftraints to which
they were ufually fubjeCied. A man of wealth
and diftinCtion, having conceived a violent paffion
for the wife or the daughter of a neighbouring
prince , was difpofed to encounter every danger
in order to gratify his defires; and after feducing
the lady, or carrying her away by force, he was
generally involved in a war with her relations,
and with fuch as chofe to aflift them in vindicating
the honor of their family. Diforders of this kind
were for a considerable time the Source of the
chief animofities among the different ftates of
Greece, as well as between them and the inhabitants
F

66 THE ORIGIN
of Aria Minor; and the rape of Io, of Europa, of
Medea, and of Helen, are mentioned as the ground
of fucceffive quarrels, which in the end were
productive of the moft diftinguifhed military
enterprife that is recorded in the hiftory of
thofe periods.
But notwithftanding thefe events , from which;
it appears that the paffions of fex had often a
cunfiderable influence upon the conduct of the
people, there is no reafon to imagine that the
Greeks, in thofe times had entirely Shaken off
their ancient barbarous manners, or in their ideas
with refpeCt to the women , had attained any
high degree of delicacy.
In the Iliad , the wife of Menelaus is confidered
as of little more value than the treafure which had
been Stolen alonrr with her. The reftitution of
the lady and of that treafure is always mention
ed in the fame breath , and feems to be regarded
as a full reparation of the injury which Menelaus
had fuftained : and though it was known that
Helen had made a voluntary elopement with
Paris , yet her hufband neither difcovers any re-
fentment upon that account , nor feems unwilling
to receive her again into favor *.
Even the wife of Ulyffes, whofe virtue in refu
ting the fuitors is highly celebrated in the Odyf-
Sey , is SuppoSed to derive her principal ,, merit
from preferving to her hufband's Samily the dowery
which She had brought along with her, and which,
Iliad, book j. 1. ioo. 127. 35$.

O F R A N K S. 67
jt Seems, upon her Second marriage, muft have
been reftored to h^er father Icarius \
And though Telemachus is always reprefented
as a pious and dutiful fon, we find him reproving
his mother in a manner which Shows he had no
very high notion of her dignity, or of the refpeCt
which belonged to her fex. '
" Your widowed hours , apart , with female toil ,
" And various labors of the loom , beguile ;
" There rule, from palace -cares remote and free;
w That eare to man belongs , and moft to me .""
Penelope, So far from being offended at this
language , appears to confider it as a mark of
uncommon prudence and judgment in So young
a perSon. " Mature beyond his years , the queen admires
" His fage reply and with her train retires.
In all parts oS the world, where the advance
ments oS agriculture has introduced the appropri
ation of landed eftates , it will be found that the
manners of the inhabitants are fuch , as indicate
considerable improvements in the commerce of
the Sexes.
But the acquisition of property in land, the
jealoufy arifing from the diftinCtion of ranks , and
the animofities which are apt to be produced by
t
How to Icarius, in the bridal hour,
Shall I, by wafte, undone, refund the dower!
Pope's Odyff. book 2. 1. 153.
* Pope's Odyffey, book 1. J. 453.
F 2

68 THE ORIGIN
the neighbourhood ?of great independent families,
appear to have been attended with the moft re*
markable confequences in thofe barbarous nations,
who, about the fifth century, invaded the Roman
empire , and afterwards fettled in the different
provinces which they had conquered.
As thofe nations were fmall , and as they ac»
quired an extenfive territory , the different tribes
or families of which they were compofed fpread
themfelves over the country, and were permitted
to occupy very large eftates. Particular chieftains
or heads of families became great and powerful
in proportion to their wealth, which enabled
them to fupport a numerous train of retainers and
followers. A great number of thefe were united
under a fovereign ; for the different parts of a
Roman province, having a dependence upon one
another, fell naturally into the hands of the fame
military leader, and were ereCted into one king
dom. But , in a rude age, unaccuftomed to Sub
ordination , the monarch could have little au
thority over fuch wide dominions. The opulent
proprietors of land , difdaining fubmiffion to re
gular government, lived in the conftant exercife
of predatory incurfions upon their neighbours ;
and every feparate family, being in a great mea-
Sure left without protedion from the. public, was
under the neceffity of providing for its own defence.
The diforders arifing from private wars between
different families of the fame kingdom , were not
effectually repreffed for many centuries; during
which time the fame caufes continued to operate

O F R A N K S. 69
m forming the charaCter and manners of the people,
and gave rife to a fet of cuftoms and inftitutions
of which we have no example in any other age
or country.
The high notions of military honor, and the
Romantic love and gallantry, by which the modern
nations of Europe have been fo much diftinguifh-
ed , were equally derived from thoSe particular
circumftances. As war was the principal employment of thofe
nations , fo it was carried on in a manner Some
what peculiar to themfelves. Their military enter
prises were lefs frequently undertaken againft a
foreign enemy than againft the inhabitants of a
neighbouring diftriCt;and on thefe latter occafions,
the chief warriors of either party, were, from
the fmallnefs of their numbers , known to each
other, and diftinguifhed by the reSpeCtive degrees
of Strength or valor which they polfeffed. The
members of different families, who had long been
at variance , were therefore animated with a ftrong
perfonal animofity ; and as , in the time of an
engagement, they were difpofed to fingle out
one another, a battle was frequently nothing
more than a number of feparate duels between
combatants infpired with mutual jealoufy , and
contending for fup Priority in military prowefs.
As the individuals of different parties were in
flamed by oppofition , thofe of the fame party ,
confcious of acting under the particular obfervation
of all their companions , were excited to vie with
each other in the performance of fuch exploits as
F 3

7# THE ORIGIN
might procure admiration and applaufe. In this
fituation they not only contracted habits which
rendered them cool and intrepid in danger, but
at the fame time acquired a remarkable generofity
of fentiment in the exercife of their mutual hofti-
lifles. Perfons, who afpired to fuperior rank and
influence, fought merely to obtain a reputation in
arms , and affected to look upon every other
confideration as mean and ignoble. Having this
object in view, they thought it difgraceful to af-
fault an enemy when unprepared for his defence,
or without putting him upon his guard by a pre
vious challenge; and they difdained to praCtife
unfair means in order to gain a victory, or to
ufe it with infolence and barbarity. Thefe notions
of honor were productive of certain rules and
maxims, by which the gentry were directed ill
their whole manner of fighting, and from which
they never deviated without bringing an indelible
Stain upon their character.
The ideas of perfonal dignity , which were thus
raifed to fo high a pitch among neighbouring fa
milies, were incompatible with any regular diftri-
bution of juftice. Men of wealth and diftinCtion
were unwilling to apply to a magiftrate in order
to procure redrefs for the injuries or affronts which
they fuftained ; becaufe this would have amounted
to a confeffion that they were unable to affert
their charaCter and rank , by taking vengeance
upon the offender. If a law-fuit had arifen in
matters of propriety , it commonly happened in
the progrefs of the difpute , that one of the par-

O F R A N K S. 7 j
ties gave fuch offence to the other , as occafioned
their deciding the difference by the fword. The
judge , who found himfelf incapable of preventing
this determination, endeavoured to render it lefs
hurtful to fociety, by difcouraging the friends of
either party from interfering in the quarrel. With
this view, he affumed the privilege of regulating
the forms , and even became a fpeCtator of the
combat ; which in that age , no lefs prone to
fuperftitioii than/ intoxicated with the love of
military glory , was confidered as an immediate
appeal to the judgment of heaven. Thefe judicial
combats , though they did not introduce the cuftom
of duelling, had certainly a tendency to render
it more univerfal, and to fettle a variety of obfer-
vances with which it came to be attended.
The diverfions of a people have always a rela
tion to . their general charaCter and manners. It
was therefore to be expeCted that fuch warlike na
tions would be extremely addicted to martial
exercifes , and that the members of different
tribes or families , when not engaged iii aCtual
hoftilities , would be accuftomed to challenge one
another to a trial of their ftrength , aCtivity , or
military Skill. Hence the origin of joufts and
tournaments; thofe images of war, which were
frequently exhibited by men of rank , and which
tended ftill farther to improve thofe nice punc
tilios of behaviour that were commonly practifed
by the military people in every Serious conteft.
From this prevailing fpirit of the times, the
art of war became the ftudy of every one who
F4

72 THE ORIGIN
was defirous of maintaining the character of a
gentleman. The youth were early initiated in the
profeffion of arms , and Served a fort of appren
ticeship under perfons of diftinguifhed eminence.
The. young fquire became in reality the fervant
of that leader to whom he had attached himfelf ;
and whofe virtues were fet before him as a model
for imitation. He was taught to perform with eafe
and dexterity thofe exercifes which were either
ornamental or ufeful ; and , at the fame time , he
endeavoured to acquire thofe talents and accom-
plifhments which were thought Suitable to his
profeffion. He was taught to look upon it as his
duty, to check the infolent, to reftrain the op-
preffor , to protect the weak and defencelefs ; to
behave with franknefs and humanity even to an
enemy, with modefty and politenefs to all. Ac
cording to the proficiency which he had made, he
was honored with new titles and marks of diftinC
tion , till at length he arrived at the dignity of
knighthood ; a dignity which even the greateft
potentates were ambitious of acquiring, as it was
fuppofed to afcertain the moft complete military
education , and the attainment of fuch quali
fications as were then univerfally admired1" and
refpeCted. The fame ambition , in perfons of an exalted
military rank , which gave rife to the inftitution
of chivalry , was afterwards productive of the dif
ferent orders of knighthood , by which , from a
Variety of fimilar eftablifhments in the feveral

OF RANKS. 73
kingdoms of Europe, a fubdivifion was made in
the degrees of honor conferred upon individuals.
The fituation of mankind in thofe periods had
alSo a manifeft tendency to heighten and improve
the paffion between the fexes. It was not to be
expeCted that thofe opulent chiefs , who main
tained a conftant oppofition to each other , would
allow any fort of familiarity to take place be
tween the members ot their refpeCtive families.
Retired in their own caftles, and furrounded with
their numerous vaffals, they looked upon their
neighbours either as inferior to them in rank, or
as enemies. They behaved to each other with
that ceremonious civility which the laws of chi
valry required; but , at the fame time, with the
referve and caution which a regard to their own
Safety made it necefiary for them to obferve.
The young knight , as he marched to the tourna
ment , faw at a diftance the daughter of the chief
tain by whom the Show was exhibited ; and it
was even with difficulty that he could obtain
accefs to her, in order to declare the Sentiments
with which She had inSpired him. He was enter
tained by her relations with that cold refpeCt
which demonftrated that their dignity was alarmed
by his afpiring to contraCt an alliance with them.
The lady herfelf was taught to affume the prjde
of her family, and to think that no perfon was
worthy of her affeCtion who did not poflefs an
exalted rank and charaCter. To have given way
to a hidden inclination would have difgraced her
for ever in the opinion of all her kindred; and

74

THE ORIGIN

it was only by a long courfe of attention, and of
the moft refpeCtful Service, that the lover could
hope for any favor from his miftrefs \
The barbarous ftate of the country at that time,
and the injuries to which the inhabitants', efpe-
cially thofe of the weaker fex , were frequendy
cxpoSed, gave ample Scope for the difplay of mili
tary talertts; and the knight, who had nothing to
do at home , was encouraged to wander from
place to place , and from one court to another ,
in queft of adventures ; in which he endeavoured
to advance his reputation in arms , and to recom
mend himfelf to the fair of whom he was enamou
red , by fighting with every perfon who was fo
inconfiderate as to difpute her unrivalled beauty ,
virtue, or perfonal accomplishments. Thus, while
his thoughts were conftantly fixed upon the fame
objeCt, and while his imagination, inflamed by
abfence and repeated disappointments , was em
ployed in heightening all thoSe charms by which
his defires were continually excited , his paffion
was at length wrought up to the higheft pitch , and
uniting with the love of fame , became the ruling
Among the Franks, fo early as the compilation of the
Salique law, it appears that a high degree of refervewas prac-
tifed between the fexes. M. L' Abbe Velly quotes, from that
ancient code, the following article, " Celuiqui auraferrela
, " main d une femme libre, fera condamni a une amende de
*' quinze fous £or." And he adds, " On conviendra que
" fi notre fiecle eft plus poli que celui de nos anciens legif-
ct lateurs, il n'eft du moins ni fi refpeftueux ni fi referve."
Hiftoire de France, torn. i.p. 134.

OF RANKS. 75
-principle, which gave a particular turn and direc
tion to all his fentiments and opinions.
As there were many perfons in the fame Situa
tion , they were naturally inSpired with Similar
fentiments. Rivals to one another in military glory,
they were often competitors , as it is expreffed by
Milton , " to win her grace whom all commend ; "
and the fame emulation which difpofed them to
aim at pre-eminence in the one refpeCt , excited
them with no leSs eagerneSs to diSpute the preference
in the other. Their diSpofitions and manner of
thinking became fafliionable , and were gradually
diffufed by the force of education and example.
To be in love was looked upon as one of the
neceffary qualifications of a knight ; and he was no
lefs ambitious of fhowing his conftancy and fidelity
to his miftrefs , than of displaying his military
virtues. He affumed the title of her Have , or fer-
vant. By this he diftinguifhed himfelf in every
combat ; and his fuccefs was fuppofed to redound
to her honor, no lefs than to his own. If fhe had
beftowed upon him a prefent to be worn in the
field of battle in token of her regard , it was confi-
dered as a pledge of victory , and as laying upon
him the ftrongeft obligation to render hmfelf worthy
of the favor.
The Sincere and faithful paffion , which com
monly occupied the heart of every warrior, and
which he profefled upon all occafions , was natu
rally productive of the utmoft purity of manners ,
and of great refpeCt and veneration for the female
fex. The delicacy of fentiment which prevailed ,

j6 THE ORIGIN
had a tendency to divert the attention from fen-
fual pleafure , and created a general abhorrence of
debauchery. Perfons who felt a ftrong propenfity
to magnify and exalt the object of their own
wifhes, were eafily led to make allowance for the
fame difpofition in their neighbours ; and Such
individuals as made a point of defending the repu
tation and dignity of that particular lady to, whom
they were devoted, became extremely cautious,
left by any infinuation or impropriety of behaviour,
they Should hurt the charaCter of another, and be
expofed to the juft refentment of thofe by whom
She was proteCted. A woman who deviated fo far
from the eftabliflied maxims of the age as to violate
the laws of chaftity, was indeed deferted by every
body, and was univerfally contemned and infult-
ed '. But thofe who adhered to the Strict rules of
yirtue, and maintained an unblemifhed reputation,

' M. de la Curne de Sainte Palaye has colleded fome
extraordinary inftances of that zeal with which thofe who
enjoyed the honor of knighthood endeavoured to expofe
any lady who had loft her reputation. — " Et vous diray
" encore plus ," fays an old author , " comme j'ay ouy ra-
" compter a plufieurs Chevaliers qui virent celluy Meflire
K Geoffroy, qui difoit que quand il chevauchoit par les
" champs , et il veoit le chafteau ou manoir de quelque
K Dame, il demandoit tousjours a qui il eftoit ; & quand on
(c lui difoit , il eft a celle , il la Dame eftoit blafmit defon
" honneur , il fe fuft pluftpft detourne d'une demie lieue
w qu'il ne fuft venu jufques devant la porte ; et la prenoit
K ung petit de croye qu'il portoit , et notoit cette porte, et
v y faifoit ung fsgnet, & s'cn venoit."

©FRANKS. 77
were treated like beings of a Superior order, The
love of God and of the ladies was one of the firft
leffons inculcated upon every young perfon who
was initiated into the military profeffion. He was
inftruCted with care in all thofe forms of behaviour
which , according to the received notions of gal
lantry and politenefs , were fettled with the moft
frivolous exaCtnefs. He was frequently put under
the tuition of fome matron of rank and diftinCtion,
>vho in this particular directed his education , and
to whom he was under a neceffity of revealing all
his fentiments , thoughts , and aCtions. An oath
was impofed upon him , by which he became
bound to vindicate the honor of the ladies , as
well as to defend them from every fpecies of injus
tice ; and the uncourteous knight who behaved to
them with rudeneSs, or who ventured to injure
and inSult them, became the object of general in
dignation and vengeance , and was treated as the
common enemy of all thofe who were actuated by
the true and genuine principles of chivalry '.
The fentiments of military honor, and the love
and gallantry fo univerfally diffufed among thofe
nations, which were difplayed in all the amufe->
ments and diverfions of the people , had necef-
farily a remarkable influence upon the genius and
tafte of their literary compofitiens. Men were
pleafed with a recital of what they admired in
* Memoires fur l'ancienne chevalerie, par M. de la Curne
de Ste. Palaye.

78 THE ORIGIN
real life ; and the firft poetical hiflorians endea
voured to embellifh thofe events which had Struck
their imagination , and appeared the moft worthy
of being preferved.
Such was the employment of the bards 7, who
about the eleventh century are faid , along with
their minftrels8, to have attended the feftivals and
entertainments of princes, and to have Sung, with
the accompaniment of mufical inftruments , a
variety of fmall poetical pieces of their own com
position , deScribing the heroic Sentiments, as well
as the love and gallantry of the times '.
They were Succeeded by the writers of romance,
who related a longer and more connected fefies
of adventures , in which were exhibited the moft
extravagant inftances of valor and generofity, of
patience and fortitude, of refpeCt to the ladies,
of difinterefted love, and inviolable fidelity; fub-
jeCts the moft capable of warming the imagination,
and of producing the moft Sublime and refined
descriptions ; but which were often difgraced by
the unfkilfulnefs of the authors , and by that
exceffive propenfity to exaggeration , and turn for
the marvellous , which prevailed in thoSe ages of
darkneSs and Superflition. Thefe performances ,
however, with all their faults, may be regarded
Trouverres ou Troudadours.
Chanterres & Jongleours.
Hiftoire du theatre Franqois , par M. de Fontenelle.

O F R A N K S. 79
as ftriking monuments of the Gothic tafte and
genius , to which there is nothing Similar in the
Writings of antiquity , and at the fame time as
ufeful records , that contain fome of the outlines
of the hiftory , together with a faithful piCture of
the manners and cuftoms of thofe remarkable
periods. This observation is in fome meafure applicable
to the Epic poetry which followed, and which,
with little more correctnefs, but with the graces
of verfification , defcribed the fame heroic- and
tender fentiments, though tinCtured by the peculiar
genius and character of different writers.
The romance of Charlemain and his twelve
peers , afcribed to achbifhop Turpin , a cotem-
porary of that monarch , but which is fuppofed to
be a work of ithe eleventh century , furnifhed
materials for the Morgante, the Orlando Innamorata
and the Orlando Furiofo. The laft of thefe poems ,
which entirely eclipfed the reputation of the two
former , whatever may be its merit to an Italian ,
in eafinefs, and harmony of expreffion, is a
bundle of incoherent adventures, discovering neither
unity of defign, nor any SeleCtion oS Such objects
as are fitted to excite admiration. The G eru-
falemme Liber ata, to the fyftem of enchantment,
and the romantic exploits which modern times
had introduced , has united the regularity of the
ancient Greek and Roman poets ; and though the
author's talents for the pathetic feem inferior to
his powers of defcription , the whole ftructure of

So THE ORIGIN
his admirable poem is fufficientto Show the advan
tages, in point of fublimity, derived from the
manners and inftitutions of chivalry. The fabu
lous legends of Prince Arthur, and his knights of
the round table, fuggefted the ground-work of
Spenfer's Fairy Queen ,• but the writer, inftead of
improving upon the Gothic model , has thought
proper to cover it with a veil of allegory ; which
is too dark to have much beauty of its own; and
which , notwithstanding the Strength of imagery
frequently difplayed, deftroys the appearance of
reality , neceffary , in _works ot imagination , to
intereft the affeCtions.
When the improvement of public fhows had
given rife to dramatic performances, the fame fort
of manners was adopted in thofe entertainments;
and the firft tragedies , unlafs when founded upon
religious SubjeCts , reprefenteH love as the grand
Spring and mover of every aCtion , the Source of
all thofe hopes and fears with which the prin
cipal perfons were fucceffivelv agitated , and of
that diftrefs and mifery in which they were fi
nally involved. This is the more remarkable, be-
cauSe , from the rigid morals of that a^e, women
were not permitted to aCt in thoSe representations;
and therefore the parts allotted to them, which
were performed by men , were ufually fo con
ducted by the poet as to bear a very fmall pro
portion to the reft of the piece.
The firft deviation from this general tafte of
composition in works of entertainment may be
discovered

OF RANKS. 8t
discovered in Italy , where the revival of letters
was early attended with fome relaxation of the
Gothic inftitutions and manners.
The advancement of the Italian States in Com
merce and manufactures, fo early as the thirteenth
century , had produced a degree of opulence and
luxury; and was followed, foon after, by the cul
tivation of the fine arts , and the improvement
of tafte and fcience. ,(The principal towns of Ita
ly came thus to be filled with tradefmen and
merchants, whofe unwarlike difpoSitions , confor-
mable to their manner of life, were readily com
municated to thofe who had intercourfe with
them. To this we may add the influence of the
clergy ; who retorted in great numbers to Rome ^
as the fountain of ecclefiaftical preferment, and
who , embracing different views and principles
from thofe of the military profeffion , were ena
bled to propagate their opinions and fentiments
among the greater part of the inhabitants.
Th^ decay of the military fpirit among the Ita
lians was manifeft from their difufe of duellings
the moft refined method of executing private'
revenge , and from their fubftituting in place of it
the more artful but cowardly practice of poifon-
ing. Their, tafte of writing was in like manner
varied according to this alteration of their circum
stances ; and the people began to relifh thofe
ludicrous defcriptions of low life and of licentious
manners which we meet with in the tales of
Boceace, and many other writers, entirely repug-
G

82 THE ORIGIN
nant to the gravity and decorum of former times,
and which appear to hive taken their origin from
the monks , in confequence of fuch difpofitions
and habits as their conftrained 'and unnatural fitu-
ation had a tendency to produce. This kind of
compofition , however , appears to have/ been the
peculiar growth of Italy ; and thofe authors who
attempted to introduce it into other countries, as
was done by Chaucer in England, are only fervile
imitators , or rather mere tranflators of the
Italians. In the other countries of Europe , the manners
introduced by chivalry were more firmly rooted ,
and acquiring Stability from cuftom , may ftill be
obferved to have a good deal of influence upon
the tafte and fentiments even of the prefent age.
When a change of circumftances, more than the
illimitable ridicule of Cervantes , had contributed
to explode the ancient romances , they were fuc-
ceeded by thofe Serious novels which , in France
and England , are ftill the favorite entertainment,
and which reprefent , in a more moderate degree,
the fentiments of military honor , as well as the
love and gallantry which prevailed in the writings
of a former period. The fafhion of thofe times
has alfo remained with us in our theatrical com
positions ; and Scarce any author, till very lately,
feems to have thought that a tragedy without a
love-plot could be attended with fuccefs.
The great refpeCt and veneration for the ladies ,
which prevailed in a former period , has ftill a

OF RANKS. 83
considerable influence upon our behaviour towards
"them , and has occafioned their being treated with
a degree of politenefs , delicacy , and attention ,
that was unknown to the Greeks and Romans ,
and perhaps to all the nations of antiquity. This
has given an air of refinement to the intercourfe
of the fexes , which contributes to heighten the
elegant pleafures of fociety , and may therefore
be confidered as a valuable improvement , arifing
from the extravagance of Gothic inftitutions and
manners.

G a

84, THE'ORIGIN SECTION V.
Changes in the condition of women, arifing from
the improvement of ufeful Arts and Manufactures,

NE of the moft remarkable differences be*
tween man and other animals confifls in that
wonderful capacity for the improvement of his
faculties with which he is endowed. Never
fatisfied with any particular attainment,, he is
continually impelled by his defires from the pur
suit of one objeCt to that of another ; and his
aCtivity is called forth in the profecution of the
feveral arts which reader his fituation more eafy
and agreeable. This progrefs, however, is flow and
gradual; at the fame time that, from the unifor
mity of the human constitution , it is accompanied
with Similar appearances in different parts of the
world. When agriculture has created abundance
of provifions, people extend their views to other
circumftances of fmaller importance. They endea
vour to be clothed and lodged , as well as main
tained, in a more comfortable manner; and they
engage in fuch occupations as are calculated for
thefe ufeful purpofe3. By the application of their
labor to a variety of objeCts, commodities of
different kinds are produced. Thefe are exchanged
for one another, according to the demand of dif
ferent individuals ; and thus manufactures, together
with commerce, are at length introduced into a
country.

O F R A N K S. S5
Thefe improvements are the Source of very im
portant changes in the ftate of fociety , and par
ticularly in relation to the women. The advance
ment of a people in manufactures and commerce
has a natural tendency to remove thofe circumftan-
ces which prevented the free intercourfe of the
fexes , and contributed to heighten and inflame
their paffions. From the cultivation of the arts
of peace , the different members of fociety are
more and more united , and have occafion to
enter into a greatet variety of tranfaClions for their
mutual benefit. As they become mOre civilized ,
they perceive the advantages of eftablifhing a regu
lar government ; and different tribes who lived in
a ftate of independence , are reftrained from in
juring one another, and reduced under fubjection
of the laws. Their former animofities , the caufe
of fo much difturbance , are no longer cherifhed
by frefh provocation, and at length are buried
in oblivion. Being no longer with - held by
mutual fear and jealoufy, they are led by degrees
to contraCt an acquaintance, and to carry on a
more intimate correfpondehce. The men and
women of different families are permitted to con-
verfe with more eafe and freedom, and meet with
lefs oppofition to the indulgence of their inclinations.
But while the fair fex become lefs frequently
the objeCts of thofe romantic and extravagant
paffions, which in Some meaSure ariSe Srom'flie
disorders of fociety, they are more univerfally
regarded upon account of their ufeful or agreeable
talents.
G 3

86 THE ORIGIN
When men begin to difuSe their ancient bar
barous practices, when their attention is not
wholly engroffed by the purSuit oS military repu
tation , when they have made Some progrefs in
arts , and have attained to a proportional degree of
refinement, they are neceffarily led to fet a value
upon thofe female accomplishments and virtues
which have fo much influence upon every fpecies
of improvement , and which contribute in fo
many different ways to multiply the comforts of .
life. In this fituation, the women become, neither
the flaves , nor the idols of the other fex , but the
friends and companions. The wife obtains that
rank and ftation which appears moft agreeable to
reafon , being fuited to her charaCter and talent.
Loaded by nature with the firft and moft im
mediate concern in rearing and maintaining the
children, She is endowed with Such diSpoSitions as
fit her for the difcharge of this important duty,
and is at the fame time particularly qualified for
all fuch employments as require Skill and dex
terity more than Strength , which are So neceffary
in the interior management of the family. Poffeffed
of peculiar delicacy , and fenfibility , whether
derived from original conflitution , or from her
way of life , She is capable of fecuring the
efteem and affeCtion of her hufband , by dividing
his cares, by Sharing his joys, and by Soothing
his misfortunes.
The regard , which is thus Shown to the uSeSul
talents and accomplishments oS the women,
cannot fail to operate in directing their education

OF RANKS, g7
and im forming their manners. They learn to fuit
their behaviour to the circumftances in which
they are placed, and to that particular ftandard of
propriety and excellence which is fet before therm
Being refpeCted upon account of their diligence
and proficiency in the various branches of domef
tic -economy, they naturally endeavour to improve
and extend thofe valuable qualifications. They
are taught to apply with afliduity to thoSe occu
pations which fall under their province , and to
look upon idlenefs as the greateft blemifh in the
female charaCter. They are inftruCted betimes in
whatever will qualify them for the duties of their
ftation , and is thought conducive to the ornament
of private life. Engaged in thefe Solid purfuits ,
they are leSs apt to be diftinguifhed by Such bril
liant accomplishments as make a figure in the
circle of gaiety and amufement. Accuftomed to
live in retirement., and to keep company with
their neareft relations and friends, they are in"
Spired with all thafmodefly and diffidence which
is natural to perfons unacquainted with promis
cuous conversation ; ' and their affections are nei
ther diffipated by pleaSure, nor corrupted by the
vicious cuftoms of the world. As their attention
is principally beftowed upon the members of their
own family , they are led in a particular manner
to improve thofe feelings of the heart which are
excited by thefe tender connexions , and they are
trained up in the practice of all the domeftic
virtues,. ^4

SS THE ORIGIN
The celebrated character, drawn by Solomon,
of the virtuous woman , is highly expreffive of
thofe ideas and fentiments, which are commonly
entertained by a people advancing in commerce
' and in the arts of life.
" She feeketh wool and flax , and worketh wih
fc lingly with her hands.
" She is like the merchant-Ships , She bringeth
" her food from afar.
" She rifeth alfo while it is yet night , and giveth
" meat to her houfehold , and a portion to hqr
f maidens. " She confidereth a field and buyeth it: with
& the fruit of her hands She planteth a vmeyarcj.
" She perceiveth that her merchandifg is good:
V her candle goeth not out by night.
" She layeth her hands to the fpindle, and her
f hands hold the diftaff.
" She ftretcheth out her hand to the poor; yea,
f She reacbeth forth her hands to the needy.
" She is not afraid of the fn.ow for her houfehold :
f for all her houfehold are clothed with Scarlet.
" She maketh herSelf coverings of tapeftry , her
" clothing is filk and purple.
" Her hufband is known in the gates , when he
?' fitteth among the elders of the land.
" She maketh fine linen , and felleth it, and
" delivereth girdles unto the merchant.
" Strength and honor are her clothing, and
" flie Shall t rejoice in time to come.
" She openeth her mouth with wiSdom, and in
" her tongue is the law of kindnefs*

OF RANKS. 89
" She looketh well to the ways of her houfehold,
" and eateth not the bread of idlenefs \"
In many of the Greek flates, during their moft
flourishing periods , it appears , that the women
were viewed nearly in the Same light, and that
their education was chiefly calculated to improve
their induftry and talents , So as to render them
uSeful members of fociety. Their attention feems
to have been engroffed by the care of their own
families, and by thofe fmaller branches of manufac
ture which they were qualified to exercife. They
were ufually lodged in a remote apartment of
the houfe, and were feldom vifited by any perSon
except their near relations. Their modefty and
referve , and their notions of a behaviour fuited
to the female charaCter, were fuch as" might be
expeCted from their retired manner of life. They
never appeared abroad without being covered
with a veil , and were not allowed to be pre
fent at any public entertainment \ " As for you,
" women, ". fays Pericles, in one of the orations in
Thucydides , " it ought to be the conftant aim of
" your fex to avoid being talked of by the public ;
ct and it is your higheft commendation that you
" fliould never be the objects either of applaufe
" or cenfure '. "
Lyfias, in one of his orations, has introduced
a widow , the mother of feveral children , who
1 Proverbs , chap. xxxi. ver. 1 j , &c.
1 Cornel. Nep. pref. — Cicero , in Yerrem,
* Thucydides , lib.. 2,.

9°

THE ORIGIN

confiders her appearing in public as One of the
moft defperate meafures to which flie could be
driven by her misfortunes. She prays and en
treats her fon-in-law to call together her rela
tions and friends, that flie might inform them
of her Situation. " I have," f;ys She, " never
" before been accuftomed to Speak in the pr'e-
" fence oS men ; but I am compelled by my
£I Sufferings to complain of the injuries I have
" met with *.
In another oration , compofed by the fame
author, a citizen, accufed of murdering his wife's
gallant, gives the following Simple narrative of his
domeftic economy.
" When 1 firft entered into the married ftate,
" Athenians ! I endeavoured to obferve a medium
ct between the harfh feverity of iome hufbands,
" and the eafy fondnefs of others. My wife, though
" treated with kindnefs , was watched with at-
" tention. As a hufband, I rendered her Situation
" agreeable ; but as a woman, flie was left
*' neither the entire miftrefs of my fortune, nor
" of her own aCliotis. When flie became a
" mother, this new endearment Softened and
*' overcame the prudent caution of my former
" conduct, and engaged me to repofe in her
" an unlimited confidence. During a fhort
?c time , Athenians ! I had no occafion to repent ////,
?t of this alteration : She proved a moft excellent
Lyf. Orat. cont. Di^git

OF RANKS.

9l

tc wife ; and , highly circumfpeCt in her private
" behaviour , She managed my affairs with the
" utmoft diligence and .frugality. But Since the
" death of my mother , fhe has been the caufe
" of all my calamities. Then flie firft got abroad.
" to attend the "funeral, and being obferved by Era-
" tofthenes , was Soon after feduced by him. This
ct he affeCted by means of our female flave, whom
<c he watched going to market , and whom , by
" fair promifes and flattery, he drew over to his
CL defigns,
" It is neceflary you Should be informed , Athe-
*' nians ! that my houfe confifts of two floors ; the
« floor above is laid out in a Similar manner to
" that below ; this lodges the men , that above is
" d-flined for the women. Upon the birth of our fon,
" my wife fuckled him herfelf; and to relieve
*' her from the fatigue of going below Stairs as
u often as it was neceffary to bathe him , I yielded
" up the ground -floor to the women, and kept
" above flairs myfelf. She ftill continued , how-
" ever, to fleep with me, during the night ;. and
" when the child was peeviSh , and Sell a-crying,
" flie frequently went below flairs , and offered
u it the breaft. This praCtice was long continued
" without any fufpicion on my part, who, Simple
" man that I was ! reg^fded my SpouSe as a pro-
" digy of virtue s."
¦ See the oration of Lyfias, in defence, of Euphiietus,
tranflated by Dr. Gillies.

q% THE ORIGIN
Solon is faid to have made regulations for pre
venting the women from violating thofe decorums
which were efteemed fcflential to their charaCter.
He appointed that no matron fliould go from home
with more than three garments , iror a larger
quantity of provifions than could be purchafed1
for an obolus. He alfo provided , that when any
matron went abroad , fhe Should always have an
attendant , ahd a lighted torch carried before
her \
At Athens, a man was not permitted to approach
the apartment of his ftep- mother, or her. chil
dren , though living in the fame houfe ; which is
given , by Mr. Hume , 3s the reafon why , by the
Athenian laws , one might marry his half-fifter by
the father; for as thefe relations had no more inter
courfe than the men and women of different
families , there was no greater danger of any cri
minal correspondence between them.
It is probable , that the recluSe Situation of the
Grecian women , which was adapted to the circum
stances of the people upon their firft advancement in
arts , was afterwards maintained from an inviolable
refpeCt to their ancient inftitutions. The democra
tical form of government , which came to be
eftablifhed . in moft parts of Greece, had, at the
fame time, a tendency to occupy the people in
the management of public affairs , and to engage
them in thofe purfuits of ambition , from which
See Potter'? Greek antiquities.

OF RANKS, 93
the women were naturally excluded. It muft,
however , be admitted that , while fuch a ftate
of manners might be conducive to the more
Solid enjoyments of life , it undoubtedly pre
vented the two Sexes from improving the arts
of converfation , and from giving a polifh to
the expreffion oS their thoughts and Sentiments.
Hence it is, that the Greeks, notwithftanding their
learning and good fenfe, were remarkably deficient
in delicacy and politenefs , and were fo little jud
ges of propriety in wit and humor , as to relifh
the low ribaldry of an Ariftophanes , at a period
when they were entertained with the Sublime elo
quence of a Demofthenes , and with the pathetic
compositions of a Euripides and a Sophocles.
The military character in ancient Greece, con
sidered with reSpeCt to politenefs, and compared
with the Same charaCter in modern times , Seems
to afford a good illustration of what has been ob-
ferved. Soldiers, as they are men of the world,
have ufually fuch manners as are formed by com
pany and converfation. But hi ancient Greece
they were no leSs remarkable Sor rufticity and ill->
manners , than in the modern nations of Europe
they are ^diftinguiflled by politenefs and good-
breeding; for Menander, the comic poet, fays ,
that he can hardly conceive Such a character as
that of a polite foldier to be formed even by
the power of the Deity 7.
7 Menander apud Stobaura.

94

THE ORIGIN

When the Romans , towards the middle of the
Commonwealth, had become in fome degree civi
lized j it ' is probable that the condition of their
women was nearly the fame with that of the Greeks
in the period above-mentioned. But it appears
that, at Rome, the circumftances of the people
underwent very rapid changes in this particular.
By the conqueft of many opulent nations , great
wealth was Suddenly imported into the capital of
the empire ; which corrupted the ancient manners
of the inhabitants, and produced a great revolution
in their tafte and fentiments. »
In the modern nations of Europe, we may alfo
obferve that the introduction of arts , and of re
gular government , had an immediate influence
upon the relative condition and behaviour of
the fexes. When the diforders incident to the
Gothic fyftem had fubfided , the women began to
be valued upon account of their ufeful talents and
accomplishments ; and their consideration and
rank , / making allowance for fome remains of that
romantic fpirit which had prevailed in a former
period, came to be chiefly determined by the
importance of thofe departments which they
occupied in carrying on the bufinefs , and main
taining the intercourfe of fociety. The manners
introduced by fuch views of the female charaCter
are ftill in fome meafure preferved in thofe*
European countries which have been leaft affected
by the late rapid advances of luxury and re
finement.

OF RANKS. 93

SECTION VI.
The effects of great opulence, and the culture of the
elegant arts , upon the relative condition of the
fexes.
X HE progreffive improvements of a country
are ftill attended with farther variations in the
fentiments and manners of the inhabitants.
The firft attention of a peoplfe is directed to' the
acquifitiori of the mere neceflaries of life , and to
the exercife of thofe occupations which are moft
immediately requifite for fubfiftence. According
as they are Succefsful in thefe purfuits , they feel
a gradual increafe of their wants , and are excited
with frefli vigor and aCtivity to fearch for the
means of fupplying them. The advancement of
the more ufeful arts is followed by the cultivation
of thofe which are fubfervient to plealure and
entertainment. Mankind , in proportion to the
progrefs they have made in multiplying the con
veniences of their fituation , becofne more refined
in their tafte , and luxurious in their manner of
living'. Exempted from labor, and placed in great
affluence, they endeavour to improve their en
joyments, and become addicted to all thofe amufe-
ments and diversions which give an exercife to
their minds, and relieve them from languor and
wearinefs, the effeCts of idlenefs and diffipation.
In fuch a ftate , the pleafures which nature has
grafted upon the love between the fexes, become the

96 THE ORIGIN
fotirce of an elegant correspondence , and are like
ly to have a general influence upon the commerce
of fociety. Women of condition come to be
more univ$rfally admired and courted upon ac
count of the agreeable qualities which they poffefs,
and upon account of the amufement which their
converfation affords. They are encouraged to
quit that retirement which was fotmerly efteemed
fo fuitable to their character , to enlarge the
fphere of their acquaintance , and to appear in
mixed company, and in public meetings of plea
sure. They lay aSide the Spindle and the diftaff,
and engage in other employments more agreeable
to the fafhion. As they are introduced more into
public life , they are led to cultivate thofe talents
which are adapted to the intercourfe of the world,
and to diftinguifh themfelves by polite accom
plishments that tend to heighten their perfonal
attractions , and to excite thofe peculiar fenti
ments and paffions of which they are the natural
objects. Thefe improvements , in the ftate and accom
plishments of the women, might be illuftrated from
a view of the manners in the different nations of
Europe. They have been carried to the greateft
height in France , and in Some parts of Italy ,
where the fine arts have received the higheft cul
tivation, and where a tafte for refined and ele
gant amufement has been generally diffufed. The
fame' improvements have made their way into
England and Germany; though the attention of
the

OF RANKS. 97
the people to the more neceffary and ufeful arts,
and their flow advancement in thofe which are
fubfervient to entertainment, has, in thefe countries,
prevented the intercourfe of the fexes from being
equally extended. Even in Spain , where , from
the defeCts of adminiftration , or from whatever
Caufes , the arts have for a long time been almoft
entirely negleCted , the fame effeCts of refinement
are at length beginning to appear, by the admif*
fion of the women to that freedom which they
have in the other countries of Europe.
Thus we may obferve , that in refined artd po-
lilhed nations there is the fame free communication
between the fexes as in the ages of rudenefs and
barbarifm. In the latter , women enjoy the moft
unbounded liberty, becaufe it is thought of no
ConfeqUence what Ufe they Shall make of it. Iri
the former, they are entitled to the fame freedom^
upon account Of thofe agreeable qualities Which
they poffefs , and the rank and dignity which they
hold as members of fociety.
It fliould feerri , however ; that thefe are cer
tain limits beyond which it is impoffible to pufh
the real improvements arifing from wealth and
opulence. Irt a fimple age , the free intercourfe
of the fexes is attended with no bad fconfequen-
ces ; but in opulent and luxurious nations ,
it gives rife to licentious and diffolute man
ners, inconfiftent with good order , and with the
general intereft of fociety. The love of pleafure,
when carried to excefs, is apt to weaken and de-
* H

gS THE ORIGIN
ftroy thofe paffions which it endeavours to gratify,
and to pervert thofe appetites which nature has
beftowed upon mankind for the moft beneficial
purpofes. The natural tendency , therefore , of
great luxury and diffipation is to diminish the
rank and dignity of the women , by preventing
all refimenent in their connexion with the other
fex, and rendering them only fubfervient to the
purpofes of animal enjoyment.
" Prima peregrinos obfccena pecunia mores
" Intulit , & turpi fregerunt fecula luxu
" Divitise molles. Quid enim Venus ebria curat ?''
The voluptuoufnefs of the Eaftern nations , ari
fing from a degree of advancement in the arts
joined, perhaps,, to the effeCt of their climate and the
facility with which they are able to procure fub-
fiftence, has introduced the practice of polygamy;
by which the women are reduced into a ftate of
flavery and confinement , and a great proportion
of the inhabitants are employed in fuch offices
as render them incapable of contributing, either
to the population , or to the ufeful improvements
of the country '.
What is here faid with refpedt to polygamy is only
applicable to that inftitution as it takes place among opulent
and luxurious nations ; for in barbarous countries, where it
is introduced in a great meafure from motives of conveniency,
and where it is accompanied with little or no jealoufy ,
it cannot have the Same conferences.

OF RANKS.

99

The exceffive opulence of Rome , about the
end of the commonwealth , and after the eftablifh-
ment of the deipotifm , gave rife to a degree , of
debauchery of which we have no example in any
other European nation. This did not introduce
polygamy which was repugnant to the regular and
well eftablifhed police of a former period; though
Julius Casfar is faid to have prepared a law by
which the emperor Should be allowed to have as
many wives as he thought fit \ But the luxury of
the people, being reftrained in this way, came
to be the more indulged in every other ; and the
common, proftitution of the women was carried
to a height that muft have been extremely' unfavor
able1 to the multiplication of the fpecies; while
the liberty of divorce Was fo much extended and
abufed , that , among perfons of condition , mar-1
riage became a very flight and tranfient con-*
nexion '.

\ a Helvius Cintia Trib. pleb. plerifque confeffus eft,
" habuiffe fe fcriptam paratamque legem, quam Csfar ferre
" juffiffet, cum ipfe abeffet, uti uxores liberorum quaeren-
" dorum caufa , quas & quot vellet ducere liceret. " Sue
tonius in Julio, c. 52.
* By* the Roman law about this period , divorces were
granted upon any pretence whatever, and might be procured
at the defire of either party. At the fame time, the manners,
which produced this law, difpofed the people very frequently
to lay hold of the privilege which it gave them ; in fo much
that we read of few Romans of rank who had not been once
divorced t if not oftener. To mention only perfons of the
H 2

10O

THE ORIGIN

The frequency of divorce, among the Romans,
was attended with bad confequences, which were
felt in every part of their domeftic economy. As
the hufband and wife had a feparation conftantly
in view, they could repofe little confidence in
each other , but were continually occupied by
Separate considerations of intereft. In fuch a Situa
tion, they were not likely to Sorm a Strong attach
ment , or to beftow much attention to the joint
concerns of their family. So fir other wife, the
praCtice of ftealing from each other, in expecta
tion of a divorce , bee i me fo general that [it
was not branded with the name of theft, but,

graveft and moft refpedtable chara&er: M. Brutus repudiated
his wife Claudia , though there was no ftain upon her re-
putation. Cicero put away his wife Terentia after She had lived
with him thirty year? , and slfo his fecond wife Publilia ,
whom he had married in his old age. His daughter Tullia
was repuiiated by D.labella. Terentia, after fhe was divorced
from Cicero, is faid to have had three fucceffive husbands,
the firft of whojn was Ci.ero's enemy; Salluft the hiftorian.
It was formerly mentioned that M. Cato, after his wife
Marcia had brought him three children, gave her away to
his friend Hortenfius, Many of thofe trifling caufes which
gave rife to divorce are taken notice of by Valerius Maximus.
Seneca declares thjt foms women of illuftrious rank were
accuftomed to reckon their years , not by the number of
confuls, but of husbands. [De bentfieiis.] As a further
proof of the profligacy of that age, it is obferved that men
were fometimes induced to marry from the profpedt merely
of. enriching themfelves by the forfeiture of the wife's
dower , when the committed adultery. Valer. Max.
lib. 6. c. 3.

O F R A N K S, 101
like other fafliionable vices , received a Softening
appellation *.
The bad agreement between >married perfons,
together with the common infidelity of the wife ,
had a natural tendency to alienate the affeCtions
of a father from his children , and led him , in
many cafes, not only to neglect their education,
but even to deprive them of their paternal in
heritance. This appears to have been one great
caufe of that propenfity, difcovered by the people,
to convey th&ir eftates by will; which, from the
many ftatutes that were made , and the equitable
decifions of judges that were given , in order to
rectify the abufe , has rendered that branch of
the Roman law , relating to teftaments , more ex-
tenSive and complicated than any other. The
frequency of fuch deeds, to the prejudice of the
heirs at law , created lwarms of thofe legacy-hun
ters 5, whofe trade, as we learn from Horace,
afforded the moft infallible means of growing rich ;
and the fame circumftance gave alfo great encour
agement to the forgery or falfification of wills , a
fpecies of fraud which is much taken notice of by
the writers of thofe times , and which has been im
properly regarded as one of the general effeCts of
opulence and. luxury '.
* The action for the recovery of fijch ftolen goods was
not called conditio furtiva , but aCiio ¦ rerum amotarum
Haredipeta^
*  " Tu protinus, unde
" Divitias srifque miam, die augur, acervos.
H 3

aoa T H E O R I G I N
In thofe voluptuous ages of Rome , it fliould
feem that the inhabitants were too much diffipated
by pleaSurelo feel any violent paffion for an in
dividual, and the correspondence of the fexes
was too undiftinguifhing to be attended with
much delicacy ot Sentiment. It may accordingly
be remarked, that the writers of the Auguflanage,
who have afforded fo many models of compofition
in other branches , have left no work of imagina
tion , defcribing the manners of their own counr
trymen , in which love is fuppofed to be pro
ductive of any tragical , or very Serious effeCts.
Neither that part of the Eneid Which relates to
the death of Dido , nor the love-epiftles of Ovid,
both of which are founded upon events in a re-i
mote age , and in diftant countries , can properly
be confidered as exceptions to what is here alledged,
It alfo merits attention that when the Roman
poets have occafion to repreSent their own Senti
ments in this particular, the Subject of their
description , not to mention more irregular

" Dixi equidem , et dico. Captes aftutus ubique
Teftamenta fcnum ; neu , fi vaftr unus et alter
'"' Infidiatorem p asofo fugerit hamo,
" Aut fpem deponas , aut arttm illufus omittas. ''
(See the whole of the 5th Satire, B. 2. of Horace)
The Vulpone , of Jonfon , is entirely founded upon this
part of ancient manners ; but the ridicule of that perform,
ance is in a great meafure loft, as the original from
which it is drawn, and of which it is a faithful copy,
has no place in any modern country.

O F R A N K S. 10S
appetites, is either the love of a concubine, or an
intrigue with a married woman. This is not lefs
apparent from the grave and tender elegies of
Tibullus and Propertius , than from the gay and
more licentious writings of Horace , of Ovid, and
of Catullus. The ftyle of thofe compofitions , and
the manners from which it was derived , while
they degraded the women of virtue , contributed,
no doubt, to exalt the character of a kept-miftrels.
The different fituation of modern nations , in this
refpeCt, is perhaps the reafon why they have no
term correfponding to that of arnica in Latin.
The acquifition of great wealth , and the im*
provement of the elegant arts, together with the
free intercourfe of the fexes, have, in fome of
the modern European nations , had fimilar con-
fequences to what they produced in ancient
Rome , by introducing a flrong difpofition to
pleaSure. This is moft especially remarkable in
France . and Italy , the countries in which opu
lence was firft acquired, and in which the im
provements of fociety are fuppofed to have made
the greateft advances. But in theSe countries , the
authority obtained by the clergy after the eftablifli-
ment of the Chriftian religion, and the notions
which they endeavoured to inculcate with regard
to abftinence from every fenfual gratification,
have concurred with the influence of the former
ufage and laws, not only to exclude polygamy,
but in a great meafure to prevent the diffolution
of marriage by voluntary divorce. Many diforders,
therefore , which were felt in the luxurious ages
Hi

304 THE ORIGIN
of Rome, have thus been avoided; and in modern
Europe, the chief effeCi of debauchery, befide the
encouragement given to common proflitution, h^s
been to turn the attention, from the purfuits of
bufinefs or ambition, to the amufements of gal
lantry ; or rather to convert thefe laft into a
ferious occupation.
It is not intended, however, in this difcourfe,
to confider thofe variations, in the ftate of women,
which arife from the civil or religious government
of a people, or from fuch other caules as are
peculiar to the inhabitants of different countries.
The revolutions that I have mentioned , in the
condition and manners of the Sexes, are chiefly
derived from the progrefs of mankind in the
common arts of life , and therefore make d, part
in the general hiftory of, fociety,

OF RANKS. i05
CHAP. II.
Of the jurisdiction and authority of a father
over his children.
SECTION I.
The power of a father in early ages.
J. H E jurifdiCtion and authority which , in early
times, a father exercifed over his children, was
of the fame nature which that of a hufband over
his wife. Before the inftitution of regular govern
ment , the ftrong are permitted to opprefs the
weak ; and in a rude nation every one is apt to
abufe that power which he happens to poffefs.
After marriage is completely eftablifhed in a
community , the hufband , as has been formerly
obferved , becomes the head of his family , and
aflumes the direction and government of all its
members. It is to be expected , indeed , that in
the exercife of this authority, he Should have an
inclination to promote the welfare and prosperity
of his children. The helplefs and miferable ftate
in which they are produced , can hardly fail to
e xcite his pity , and to Solicit in. a peculiar man-r
ner the protection of that perfon from whom
they have derived their exiftence. Being thereby
induced to undertake the burden of rearing and
maintaining them, he is more vyrarmly engaged in

106 THE ORIGIN
their behalf in proportion to the efforts which he
has made for their benefit , and his affeCtion for
them is increafed by every new mark of his kind-
nefe. While they grow up under his culture and
tuition , and begin to lifp the endearing names of
a parent , he has the Satisfaction of obferving their
progrefs towards maturity , and of discovering the
feeds of thofe difpofitions and talents, from the
future difplay of which he draws the moft flat
tering expectation^. By retaining them afterwards
in his family , which is the foundation of a con-
Itant intercourfe , by procuring their affiftance in
the labor to which he is fubjected, by connecting
them with all his plans and views of intereft, his
attachment is ufually continued and ftrengthened
from the fame habits and principles which, in
other cafes , give rife to friendship or acquaintance.
As theSe Sentiments are Selt in common by the
father and mother , it is natural to Suppofe that
their affeCtion for each other will be , in fome
meafure , refleCted upon their offspring , and will
become an additional motive of attention to the
objects of their united care and tendernefs.
Such is, probably, the origin of that parental
fondnefs, which has been found fo extenfive
and univerfal that it is commonly regarded as the
cffeCt of an immediate propenfity. But how ftrong-
ly Soever a father may be difpofed to promote
the happinefs of his children , this difpofition , in
the breaft of a Savage , is often counteracted by a
regard to his own preservation, and Smothered by the

O F R A N K S. 107
mifery with which he is loaded. In many cafes
he is forced to abandon them entirely , and fuffer
them to perifli by hunger , or be devoured by
wild beafts. From his neceflitous circumftances ,
he is fometimes laid under the temptation of fel
ling his children for flaves. Even thofe whom
the father finds it not inconvenient to Support ,
are fubjeCted to a variety of hardships from the
natural ferocity of his temper ; and if on fome
occafions they are treated with the utmoft indul
gence , they are, on others, no lefs expoSed to the
Sudden and dreadful effeCts of his anger. As the
refentment of a favage is eafily kindled , and
raifed to an exceffive pitch ; as he behaves like a
Sovereign in his own family , where he has never
been accuftomed to bear oppofition or control ,
we need not wonder that , when provoked by
unufual difrefpeCt or contradiction , he Should be
rouSed and hurried on to commit the moft bar
barous of all aCtions , the murder of his own
child. The children, in their early years, are under
the neceffity of fubmitting to the fevere and arbi
trary will of their father- From their inferiority
in ftrength , they are in no condition to difpute his
commands; and being incapable of maintaining
themfelves, they depend entirely upon him for
fubfiftence. To him they muft apply for affiftance,
whenever they are expofed to danger , or threat
ened with injuftice; and looking upon him as the
Source of all their enjqyments, they have every

io8 THE ORIGIN
motive to court his favor and to avoid his difplea-
Sure. The reSpeCt a>id reverence which is paid to the
father, upon account of his wifdom and expe
rience , is another circumftance that contributes
to fupport his power and authority.
Among Savages, who are ftrangers to the art of
writing , and who have fcarcely any method of
recording faCts, the experience and observation
of each individual are almoft the only means of
procuring knowledge; and the only perfons who
can attain a fuperior degree of wifdom and Saga
city are thoSe who have lived to a cohfiderable
age. It alfo merits attention that, in -rude and igno
rant nations, the leaft Superiority in knowledge
and wifdom is the Source of great honor and
diftinCtion. The man who underftands any opera
tion of nature, unknown to the vulgar, is beheld
with fuperftiHous awe and veneration. As they
cannot penetrate into the ways by which he has
procured his information, they are diSpoSed to
magnify his extraordinary endowments; and they
feel an unbounded admiration of that Skill and
learning which they are unable to comprehend.
They fuppofe that nothing is beyond the compafs
of his abilities, and apply to him for counfel and,
direction in every new and difficult emergency.
They are apt to imagine that he holds commerce
with invifible beings , and to believe that he is
capable ot feeing into futurity , as well as of altering

OF RANKS.

109

the' courSe of humam events by the wonderful
power of his art. Thus , in the dark ages , a flight
acquaintance with the heavenly bodies gave rife to
the abfurd pretenfions of judicial aftrology; and
a litde knowledge of chemiftry, or medicine , was
fuppofed to reveal the invaluable fecret of ren
dering ourf elves immortal.
As in all barbarous countries old men are diftin-
guiflied by their great experience and wifdom ,
they are upon this account univerfally refpeCted,
and commonly attain fuperior influence and
authority. Among the Greeks, at the fiege of Troy, the
man who had lived three ages was treated with
uncommon deference , and was^ their principal
advifer and director in all important deliberations.
" Doft thou not fee, O Gaul, " fays Morni in
one of the poems of Oflian , vl how the ftep? of
" my age are honored ? Morni moves forth , and
" the young meet him with reverence , and turn
" their eyes, with filent joy, on his courfe1. "
The Jewiih law-giver, whoSe fyftem of laws was
in many reSpeCis accommodated to the circumftan-
ces of an early people, has thought proper to
enforce the refpeCt due to old age , by making
it the Subject of a particular precept. " See that
"-thou rife up before the hoary head, and honor
" the face of the old man \ "
Lathmon.
Leviticus, chap. xix. ver. 32.

no T H E O R I G I N
" I am young," fays the fon of Barachel, and
« ye are very old, wherefore I was afraid, and
" durft not Show you mine opinion. 1 faid days
" Should Speak , and a multitude of years teach
" wiSdom '.
When any of the Tartar nations have occafion
to elect a khan or leader, they regard experience
and wifdom more than any other circumftance;
and for that reafon they commonly prefer the
oldeft perfon of the royal family*. It is the Same
circumftance that, in the infancy of government ,
has given rife to a Senate or council 'of the elders",
which is commonly inverted with the chief direction
and management of all public affairs '.
So infeparably connected are age and authority
in early periods, that in the language of rude
nations the fame word which fignifies an old
man is generally employed to denote a ruler
or magistrate5.
Among the Chinefe , who , from their little
intercourfe with ftrangers, are remarkably attached

Job , chap, xxxii.
Hiftoire generale des voyages.
This was the cafe among the Jews. — Among the
Nort- Americans, fee Charlevoix. — Among the ancient
Romans the elders formed the fenate , and were called
Panes. In the language of the Arabs, fee D'A-vieux trav.
Arab. — This alfo is the cafe in the German and moft of
the modern languages of Europe.

0 F R A N K S. in
to their ancient ufages, the art of writing, notwith-
ftanding their improvement in manufactures, is
ftill beyond the reach of the vulgar. This people
have accordingly preferved that high admiration
of the advantages arifing from long experience and
obfervation , which we commonly meet with in
times of ignorance and Simplicity. Among them,
neither birth, nor riches, nor honors, nor dignities,
can make a man Sorget that reverence which is
due to grey hairs ; and the Sovereign himfelf never
fails to refpeCt old age , even in perfons of the
loweft condition.
The difference in this particular , between the
manners of a rude and polifhed nation may be
illuftrated from the following anecdote concerning
two Grecian ftates , which , .in point of what
is commonly called refinement, were remarkably
diftinguifhed from each other.
" It happened , at Athens , during a public
" reprefentation of fome play, exhibited in ho-
M nor of the commonwealth , that an old gen-
" tleman came too late for a place fuitable to
" his age and quality. Many of the young
" gentlemen , who obferved the difficulty and
" confufion he was in, made Signs to him that
" they would accommodate him , if he came
"where they fat. The good man buttled
« through the crowd accordingly ; but when
" he came to the feats to which he was
" invited , the jeft was to fit clofe , and ,
"as he flood out of countenance , expofe
w him to the whole audience. The frolic

112 THE ORIGIN
" went round all the Athenian benches.. But
" on thoSe o ccafions there were alfo particular
" places affigned for foreigners: when the good
" man Skulked towards the boxes appointed for
« the Lacedemonians, that honeft people, more
tc virtuous than polite, rofe up all to a man,
" and with the greateft refpeCt received him among
« them, The Athenians , being fuddenly touched
" with a fenfe of the Spartan virtue and their
" own degeneracy, gave a thunder of applaufe;
ic and the old man cried out, The Athenians
" underftand what is good, but the Lacedemonians
«' praCtife it '. "
We may eafily imagine that this admiration
and reverence , which is excited by wiSdom and
knowledge , muft in a particular manner' affeCt
the conduct of children with refpeCt to their father
The experience of the father1 muft always appear
greatly Superior to that of his children, and becomes
the more r'emarkable, according as he advances
in years , and decays in bodily ftrength; He is
placed in a fituation where that experience is con
stantly difplayed to them , and where , being ex
erted for their prefervation and welfare, it is

Notwithftanding that old men are commonly fo much
fefpedted among favages , they are fometi'meS put to death
when fo far advanced in years as to have loft the ufe of
their faculties. This fhows, that the eftimation in which
they are held does not proceed from a principle of humanity,
but from a regard to the ufeful knowledge they are fup-
pofed to poffefs. regarded

O F R A N K S. n3
regarded in the moft favorable light. From him
they learn thofe contrivances which they make
ufe of in proctirirtg their food, and the various
ftratagems which they put in practice againft their
enemies. By him they are inftruCted in the dif
ferent branches of their domeftic economy , and
are directed what meafures to purfue in all thofe
difficulties and diftreffes in which they may be
involved. They hear with wonder the exploits
he has performed, the precautions he has taken
to avoid the evils with which he was Surrounded ,
or the addreSs and dexterity he has employed to
extricate himSelf from thofe misfortunes which
had befallen him; and, from his obfervation of
the paft, they treafure up leffons of prudence,
by which they may regulate their future beha
viour. If ever they depart from his counfel, and
follow their own headftrong inclination , they are
commonly taught by the event to repent of their
folly and raflineSs, and are ftruck with new admira
tion of his uncommon penetration and forefight.
They regard him in the light of a Superior being,
and imagine that the gifts of fortune* are at his
difpofal. They dread his curfe, as the caufe of
every misfortune ; rmd they ^fteem his bleffing of
more value than the richeft inheritance.
When Phenix , in the Iliad, bewails his mis
fortune in having no children, he imputes it to
the curfe of his father, which he had incurred
in his youth.
" My fire with curfes loads my hated head, I

iH T H E O R I G I N
" And cries , Ye furies ! barren be his bed !
" Infernal Jov^, the vengeful f.cnis below,
" And ruth efs Proferpine confirm'd his vow '."
" And Efau faid unto his father, Haft thou
" but one bleffing , my father ? Blefs me , even
" me alfo, O my Sather! and Efau lift up his
" voice and wept9."
To thefe observations it may be added, that
the authority of the father is confirmed and rendered
more univerfal, by the force and influence of
cuftom. We naturally retain, after we are old, thofe
habits of refpeCt and fubmiflion which we received
in our youth ; and we find it difficult to put our-
felves upon a level with thofe perfons whom we
have long regarded as greatly our Superiors. The
flave, who has been bred up in a low fituation,
does not immediately , upon obtaining his free
dom, lay afide thofe fentiments which he has
been accuftomed to feel. He retains for fome time
the idea of his former dependence , and notwith-
ftanding t£ie change of his circumftances, is diS-
poSed to continue that reSpeCt and reverence
which he owed to his matter. We find that the
legislature, in fome countries, has even re
garded and enforced thefe natural fentiments.
By the Roman law a freed man was, through
the whole of his life, obliged to pay to
* Pope's tranflation of the Iliad, book 9. I. jga.
Genefis, chap, xxvii. ver. jg.

OF RANK S. nj
his patron certain attendance on public occafions ,
and to Show him particular marks of honor and
diftinCtion ,0. If ever he failed in the observance
of thefe duties , he was thought unworthy of his
liberty , and was again reduced to be the flave of
that perfon to whom he had behaved in fo unbe
coming a manner ".
A fon who , in a batbarous age , has been accuf
tomed from his infancy to ferve and to obey his
father , is in the fame manner difpofed for the
future to continue that fervice and obedience.
Even after he is grown up, and has arrived at his
full Strength of body, and maturity of judgment,
he retains the early impreffions of his youth , and
remains in a great meafure under the yoke of that
authority to which he has hitherto fubmitted. He
fhrinks at the angry countenance of his father,
and trembles at the power of that arm whofe
fevere difcipline he has fo often experienced , and
of whofe valor and dexterity he has fo often been
a witnefs. He thinks it the higheft prefumption
to difpute the wifdom and propriety of thofe
commands to which he has always liftened , as to
an oracle , and which he has been taught to regard
as the infallible rule of his conduct. He is natu
rally led to acquiefce in that jurifdiCtion which
he has ken exerted on fo many different occafions,
Operas officiates.
" Vide Heineccti antiq. Rom. lib. r. Tit. 6. § 9.
Dig. Tit. de optr. libcrc. Inft. § 1. de cap. deminut. 1.
un. Cod. de ingrat. liber. I'2

u6 THE ORIGIN
and which he finds to be uniformly acknowledged
by all the members of the family. In proportion
to the rigor with which he is treated, his temper
will be more thoroughly fubdued , and his ha
bits of implicit fubmiflion and obedience will be
the ftronger. He looks upon his father as invefted
by heaven with an unlimited power and authority
over all his children, and imagines that, whatever
hardships they may Suffer, their rebellion againft
him , or reSiftance to his will , would be the fame
Species of impiety , as to call in queftion the
authority of the Deity, and arraign the Severe dif-
penfations with which, in the government of the
world , he is Sometimes pleafed to vifit his
creatures. From thefe difpofitions, jwhich commonly pre
vail among the members of his family, the father
can have no difficulty to enforce his orders,
wherever compulfion may be neceffary. In order
to correct the depravity, or to conquer the rebel
lious diSpofition of any fingle child, he can make
ufe qf that influence which he poffeffes over the
reft , who will regard the difobedience of their
brother with horror and deteftation , and be ready
to contribute their affiftance in punifhing his
tranfgreffion. In the hiftory of early nations , we meet with a
great variety of faCts , to illuftrate the nature and
extent of that jurifdiCtion and authority which
originally helonged to the father, as the head and
governor of his family.

O F R A N K S. 117
We are informed by Caefar , that among the
Gauls the father had the power of life and death
over his children "; and there is reafon to believe,
that, in the ancient German nations, his jurifdic-
tion was no lefs extenfive".
By the early laws and cuftoms of Arabia ,
every head of a family feems , in like manner ,
to have enjoyed an ab Solute power over his des
cendants. When the Sons of Jacob propofed to
carry their brother Benjamin along with them
into Egypt, and their father difcovered an unwil-
lingnefs to part with him , " Reuben fpake unto
" his father , faying, Slay my two Sons , if I bring
" him not to thee : deliver him into my hand ,
ce and I will bring him to thee again '*. " Mofes
appears to have intended that the father fliould
not, in ordinary cafes, be at liberty to take away
the life of his children in private; as may be
concluded from this particular inftitution , that a
Itubborn and rebellious fon fliould be ftoned to
death [before the elders of the city ,v. It was
further enaCted by this legiflator , that a man
might fell his daughter for a Have or concubine
to thofe of his own nation , though he was not
permitted to difpofe of her to a Stranger.

" Caefar , de bel. Gall. lib. 6,
" See Heineccius, elem. jur. German.
** Genefis, chap. xlii. ver. 3 7.
" Deuteronomy, chap. xxi. ver. 18- I 3

11

S THE ORIGIN

" If a man fell his daughter to be a maid-
° fervant , She Shall not go out as the men-Servants
« do. " IS She pleaSe not her matter , who hath
c' betrothed her to himfelf , then Shall he let her
" be redeemed: to Sell her to a Strange nation
« he Shall have no power , Seeing he hath dealt
" deceitSully with her ".
In the empire of Ruffia , the paternal jurisdic
tion was formerly understood to be altogether
Supreme and unlimited ". Peter the Great ap
pears to have been So little aware that the cuftoms
oS his own country might differ Srom thoSe of
other nations , that in his public declaration to
his clergy, and to the States civil and military,
relative to the trial oS his Son he appeals to all
the world , and affirms, that , according to all laws
human and divine, and, above all according to
thofe of Ruffia , a father , even among private
perfons, has a full and abfolute right to judge his
children, without appeal, and without taking the
advice of any perfon ".
Among the Tartars, nothing can exceed the
refpeCt and reverence which the children ufually
pay to their Sather. They look upon him as
the Sovereign lord and mafter of his family, and
Exodus, chap. xxi. ver. 7.
Sigon. de antiq. jur. civ, Roman, lib. 1. cap. 10.
See Prefent State of Ruffia, publifhed 1722.

OF RANKS, iifj
eonfider it as their duty to Serve him upon ill
occafions. In thoSe parts of Tartary which have
any intercourfe with the great nations of Afia, it is
alfo common for the father to fell his children of
both fexes ; and from thence the women and
eunuchs, in the harams and feraglios^ belonging
to men of wealth and diftinCtion in thofe coun
tries , are Said to be frequently procured x*.
Upon the coaft of Africa, the power of the
father is carried to the moft exceffive pitch ,
and exercifed with the utmoft feverity. It is
too well known to be denied , that , in order
to fupply the European market, he often dif-
pofes of his own children for flaves; and that
the chief part of a man's wealth is fuppofed
to confift in the number of his defcendants.
Upon the flave - coaft , the children are accuf
tomed to throw themfelves upon their knees ,
as often as they come into the prefence of their
father ".
The following account, given by Commo
dore Byron , may Serve in Some meafure to Show
the Spirit with which the Savages oS South-
America are apt to govern the members of
their family.
" Here, " fays he, " I muft relate a little anec-
ct dote of our Christian Cacique. He and his wife
" Hiftoire generate des voyages. — Chardin. torn. i.
2* Hiftoire generale des voyages, torn. 4. liv. 10.
chap. ; .
I 4

i?o THE ORIGIN
" had gone off, at Some diftance from the fliore,
" in their canoe, when flie dived for fea-eggs;
*' but not meeting with great fuccefs , they te-
" turned a good deal out of humor. A little boy
" of theirs, about three years old, whom they
" appeared to be dotingly fond of, watching for
" his father and mother's return , ran into the furf
" to meet them: the father handed a bafket of
" fea-eggs to the child , which being too heavy for
" him to carry , he let it fall ; upon which the
ct father jumped out of the canoe, and catching
" the boy up in his arms , dafhgd him with the
" utmoft violence againft the ftones. The poor
" little creature lay . motionlefs and bleeding, and
" in that condition was taken up ,by the mother,
" but died foon after. She appeared inconfolable
" for fome time ; but the brute his father Showed
" little concern about it *'. "
The expofitiqn of infants , fo common in a great
part of the nations of antiquity , is a proof that
the different heads of families were under no
seftraint or control in the management of their
domeftic concerns. This barbarous praCtice was
probably introduced in thofe rude ages whenrthe
father was often incapable of maintaining his
children, and from the influence of old ufage,
was permitted to remain in later times , .when
the plea of neceffity could no longer be urged
in its vindication. Hqw Shocking Soever it may
Narrative of the honorable John Byron.

OF RAN K,S, i21
appear to us, the cuftom of expofing infant-children
vwas univerfal among the ancient inhabitants of
Greece , and was never aboliffied even by fuch
of the Greek ftates as were moft diftinguiflied for
their learning and politenefs ",
According to the laws and cuftoms of the Ro
mans , the father had anciently an unlimited
power of putting his children to death , and of
felling them for flaves. While they remained in
his family, they were incapable of having any
eftate of their own , and whatever they acquired ;
either by their own induftry , or by the dona
tions of others , became immediately the property
of their father. Though with refpeCt to every
other perfon they were regarded as free , yet
with refpeCt to their father they were confidered
;as in a ftate of abfolute flavery and SubjeCtion,
and they could neither marry , nor enter into any
other contract , without his approbation and
Content *'.
" iElian mentions the Thebans alone as having mads
a law forbidding the expofition of infants under a capital
puniffiment, and ordaining , that if the parents were in.
digent, their children, upon application to the magiftrate,
fliould be maintained and brought up as flaves. ip'.ian.
var. hirt. lib. 2. cap. 7.
" Dion. Halicar. lib. it. 1. 1 r. Dig.de lib. et pofthurn.
$. 5. Inft.,per quas perfon. cuiq, adquir. 1. ult. Cod. deimpuh.
et al. fubft. 1. 4. Dig, de judic.) § 6. Inft. de inuc. ftip.
Upon th& faiiie principle a father might claim his fon
from any perfon , by the ordinary aftion upon property,
lib. t. § 2. Dig. de rei vind. If a fpn had been

122 T H E O R I G I N
In one refpeCt , the power of a father over his
Sons appears , in ancient Rome, to have extended
even farther than that of a matter over his flaves.
If upon any occaiion a Son had been Sold by his
father, and had afterwards obtained his freedom
from the purchafer , he did not thereby become
independent , but was again reduced under the
paternal dominion. The fame confequence
followed , if he had been fold and manumitted
a fecond time ; and it was only after a third
purchafe ,, that the power of his father was
altogether diffolved , and that he was permitted
to enjoy any real and permanent advantage from
the bounty of his matter.
This peculiarity is faid to have been derived
from a ftatute of Romulus , adopted into the laws
of the twelve tables , and affords a Sufficient proof
that the Romans had anciently no idea of a child
living in the family , without being confidered
as the Slave of his father **.
In thofe earlv ages , when this praCtice was firft
introduced , the Roman ftate was compofed of
ftolsn from his father, the " aftio furti" was given againft
the thief, 1. ?8- Dig. de furt. When children were fold
by th-:ir father, the form of conveyance was the fame
which was ufed in the transference of that valuable property
which was called " res mancipi , " Cai. Inft. 6. }.
This ftatute , which was af'erwards transferred into
the twelve tables, is thus handid down to us. " Endo
" liberis juftis jus vitae, necis , venundandique poteftas ei
M efto. Si pater filium ter venundedit, filius a patre liber
" efto." Ulp. frag. io. r.

OF RANKS, i23
a few clans , or families of barbarians , the members
of which had ufudlly a ftrong attachment to one
another , and were at variance with moft of their
neighbours. When a fon , therefore , had been
baniflied from his family by the avarice of his
father , we may fuppofe that , as foon as he was
at liberty, he would not think of remaining in a
foreign tribe , or of fubmitting to the hardlhips of
procuring his food in a ftate of folitude , but that
he would rather chufe to return to his own
1 indred , and again Submit to that jurisdiction ,
v hich was more uSeful from the proteCtion it
afforded , than painful from the fervice and
obedience which it required.
It is probable , however, that if in this manner
a child had been frequently Separated from the
company of his relations , he would at length
grow weary of returning to a fociety in which
he was the object of fo little affeCtion , and in
which he was treated with fo much contempt,
How long he would be difpofed to maintain his
former connexions, and how often he would be
willing to reftore that property which his father
had abandoned, feems, from the nature of the
thing, impoffible to afcertain. But whatever might
be the conduct of the fon , it feems to have been
intended by the ftatute of Romulus, that, after
a third fale , the property of the father Should be
finally extinguished, and that he fliould never after
wards recover a power which he had exercifed
with fuch immoderate Severity.

ij4 T H E O R I G I N
SECTION II.
The influence of the improvement of arts upon the
jurif diction of the father.

s

U C H was the power, in early times, poffeffed
by the head of a family. But the gradual ad
vancement of a people in civilized manners, and
their fubjection to regular government, have a
natural tendency to limit and reftrain this primi
tive jurifdiCtion, When different families are
united in a larger fociety , the feveral members
of which have an intimate correfpondence with
each other , it may be expeCted that the exercife
of domeftic authority will begin to excite the
attention of the public. The near relations of a
family, who have a concern for the welfare of
the children , and who have an opportunity of
obferving the manner in which they are treated,
will naturally interpofe by their good offices, and
endeavour to fcreen them from injuftice and
oppreffion. The abufes which , on Some occa
fions , are known and represented with all their
aggravating circumftances , will excite indignation
and refentment , and will at length give rife to
fuch regulations as are neceffary for preventing
the like diforders for the future.
Thofe improvements in the ftate of fociety,
which are the common effects of opulence and
refinement, will at the fame time difpofe the father
to ufe his power with greater moderation. By

OF RANKS. 125
living in affluence and fecurity , he is more at
leifure to exert the Social affeCtions , and to cul
tivate thofe arts which tend to foften and hu
manize the temper. Being often engaged in the
bufinefs and converfation of the world , and find
ing , in many cafes , the necefiity of conforming
to the humors of thofe with whom he converfes ,
he becomes lefs impatient of contradiction , and
lefs apt to give way to the irregular fallies of
paffion. His parental affeCtion, though not perhaps
more violent, becomes at leaft more Steady and
uniform ; and while it prompts him to undergo
the labor that may be requifite in providing for
his family , it is not incompatible with that dis
cretion which leads him to bear with the fro-
wardnefs , the folly and imprudence of his chil
dren , and in his behaviour towards them , to
avoid equally the excefs of feverity and of in
dulgence. On the other hand , the progrefs of arts and
manufactures will contribute to undermine and
weaken his power , and even to raife the mem
bers of his family to a ftate of freedom and inj
dependence. In thofe rude and fimple periods when men
are chiefly employed in hunting and fifliing , in
pafturing cattle , or in cultivating the ground ,
the children are commonly brought Up in the
houSe of their father ; and continuing in his
family as long as he fives, they have no ocrafiori
to acquire any feparate property, but depend
entirely for fubfiftence upon that hereditary eftate,

i26 T HE ORIGIN
of which he is the Sole difpofer and manager.
Their Situation, however, in this, as well as 'in
many other refpeCts , is greatly altered by the in
troduction of commerce and manufactures. In a
commercial country , a great part of the inhabitants
are employed in fuch a manner as tends to difperfe
the members of a family , and often requires that
they fliould live at a diftance from one another.
The children , at an early period of life , are
obliged to leave their home, in order to be in
structed in thofe trades and profeffions by which
it is propofed they fliould earn a livelihood ,
and afterwards to fettle in thofe parts of the
country which they find convenient for profecu-
ting their feveral employments. By this alteration
of circumftances'they are emancipated from their
father's authority. They are put in a condition to
procure a maintainance without having recourfe to
his bounty, and by their own labor and induftry are
frequently pofleffed of opulent fortunes. As they
live in feparate families of their own , of which they
have the entire direction, and are placed at fuch a
diftance from their father, that he has no longer an
opportunity of obferving and controuling their
behaviour, it is natural to SuppoSe that their former
habits will be gradually laid afide and forgotten.^
When we examine the laws and cuftoms of
polifhed nations, they appear to coincide with
the foregoing remarks , and leave no room to doubt
that, in moft countries, the paternal jurifdiCtion
has been reduced within narrower bounds, in
proportion to the ordinary improvements of fociety.

O F R A N K S. 127
The Romans , who for feveral centuries were
conftantly employed in war , and for that reafon
gave little attention to the arts of peace, difcovered
more attachment to their barbarous ufages than
perhaps any other nation that arofe to Wealth
and fplendor; and their ancient practice, with
refpeCt to the power of the father, was therefore
permitted to remain in the moft flourifhing periods
of their government. The alterations in this par
ticular, which were at length found expedient,
having, for the moft part, occurred in times of
light and knowledge , are recorded with fome
degree of accuracy , and as they mark the pro
grefs of a great people in an important branch of
policy , may deferve tp be particularly confidered.
We know nothing with certainty concerning
the attempts which , in a very remote period ,
are Suppofed to have been made for reftraining
the expofition of infants. By a law of Romulus,
parents are faid to have been obliged to maintain
their male children, and the eldeft female, unlefs;
where a child was , by two of the neighbours cal
led for the purpofe, declared to be a monfter.
A regulation of the fame nature is mentioned
among the laws of the twelve tables; but there
is ground to believe that little regard was paid to
it; and even under the emperors , the expofihg
of new-born children, of either fex, appears to
have been exceedingly common *.
^ - o
1 See the treatife of Noodt, entitled Julius Paulas. -=—
And that of Bmckerfhoek de. jure occidendi liberos.

ia8 THE ORIGIN
The firft effectual regulations in favor of children
were thofe which bellowed upon them a privilege
of acquiring property independent of their father.
During the free government of Rome , as war was
the chief employment in which a Roman citizen
thought proper to engage , and by which he had
any opportunity of gaining a fortune , it appeared
highly reafonable, that when he hazarded his per
fon in the Service of his country ^ he fliould
be allowed to reap the fruit of his labor, and
be entitled to the full enjoyment of whatever
he had acquired. With this view , it was enacted
by Julius and by Auguftus Csfar, that whatever
was gained by a fon , in the military profeffion ]
fliould be confidered as his own eftate, and that
he fhould be at liberty to difpofe of it at plea-
fure *.
Some time after, when the praCtice of the law
had alfo become a lucrative profeffion i it was furthet
eftabliflied , that whatever a fon acquired in the
exercife of this employment, fliould in like man
ner become his own property , and fliould in no
refpeCt belong to the father '.
In a later age, when no employment was con
fidered as too mean for the fubjeCts of the Rom^n
empire, the fon hecame proprietor of what he
could procure by the praCtice of the mechanical
arts , and of whatever he obtained by donations ,
or by fucceffion to his mother or maternal relations;
It was called " peculium caftrenfe. ''
Feculium quafi caftrenfe. though

Of RANKS. ia.g
though the ufufruCl of thofe acquifitions was, in
ordinary cafes , bellowed upon the father 4.
It is uncertain at what time the Romans firft
began to limit the father in the power of felling
his children for flaves. It appears , that before the
. reign of the emperor Diocletian this privilege
was entirely abolifhed , except in a Singular caSe,
in which it remained to the lateft periods of the
empire. To remove the temptation of abandoning
new-born children , a permiffion was given to fell
them , but with provision that they might , at any
time after , be redeemed from the purchafer , by
reftoring the price which he had paid 5.
Exclufive qf infants , the power over the life of
children was firft fubjeCted to any limitation in
the reign of Trajan , and of Hadrian his Succeftbr,
who interpofed , in fome particular cafes , to pUnifh
the , wanton exercife of paternal authority. In the
time of the emperor Severus , the father was not
allowed to put his children to death in private,
but when they committed a crime of an atrocious?
nature , was direCted to accufe them before a ma
gistrate , to whom , he was empowered , in that
cafe, to prefcribe the particular puniihment which
* The fubjedt fo acquired was called pecutium adventi-
tium. Cunftantine made the firft regulations concerning it,
which were extended by his fucceffors , efpecially by the'
emperor Juftinian. Vid. Tit. Cod. de bon. matern. — Tit.'
de boh. qua: lib.
5 L. i, C. de pat. qui hi. diftrax. 1. 2. eod. K

i3o THE ORIGIN
he choSe to have infliCted. At length this part of
his jurisdiction was finally abolifhed by the empe
ror Conftantine , who ordained that if a father
took away the life of his Child he fliould be
deemed guilty of parricide s.
Thefe were the principal fteps by which the
Romans endeavoured to correct this remarkable
part of their ancient law. It was natural to begin
with the reformation of thofe particulars in which,
the greateft abufes were committed , and thence to
proceed to others, which, however abfurd in ap
pearance, were lefs Severely felt, and lefs produc
tive of diforder and oppreffion. It feldom hap
pened that a father, though permitted by law,
was fo hardened to the feelings of humanity
and natural affeCtion , as to be capable of im
bruing his hands in the blood of a child whom
he had brought up in his family; and accordingly
no more than three or four inftances of that nature
are mentioned in the whole Roman hiftory. He
might ottener be tempted to negleCt his children
immediately after their birth , or be reconciled tp
the meafure of reaping a certain profit at the
expenfe of their freedom. But the part of his
prerogative which he would probably exert in the
moft arbitrary manner , was that which related to
the maintenance of his family , and the manage^
mentof that property which had been procured by
their induftry and labor. Thus we find that,
befide the early and ineffectual attempts to prevent
L. j. C. de patr. poteft. 1. un. C. de his qui parent.

OF RANKS. i3i
the negleCt of infants, the interpofitions of the Ro
man legiflature were direCted firft to fecure the
property , afterwards the liberty , and laft of all^
the life and perfonal fafety of the children '.
Upon comparing the manners of different
countries, with regard to the fubjeCt of our prefent
inquiry, it wilt be found that wherever poly
gamy is eftabliflied, the authority enjoyed by the
head of every family is Ufually carried to a greater
height, and is more apt to remain in its full
force , notwithftanding the improvements which ,
in other refpeCts, the people may have attained.
By the inftitution of polygamy , the children
belonging to a perfon of opulent fortune , are
commonly rendered fo numerous as greatly to
diminifh the influence of paternal affeCtion : not
to mention that the confinement of his wives, and
the jealoufy; hatred, and difienfion, which prevail
among them , are produCtive of fuch intrigues Id
fupplant or deftroy one another, and to promote
the infereft of their refpeCtive children, that the
htifband , in order to reprefs thefe diforders , finds
it neCeffary' to preferve a ftriCl difcipline in his
family , and to hold afl its members in extreme
fubjeCtion. This will fuggeft a reafon for what
is obferved by Ariftotle , that among the Perfians ,
in his time , the power of a father over his children
was no lefs abfolute as that of a matter over
his flaves*.
* Vid. 1. ult. Cod. de pat. poteft.
' Ariftot. Ethic, lib. 6. cap. xo;
K 2

i3q THE ORIGIN.
In the empire of China, the fame circumftance,
together with that averfion which the people
difcover to every fort of innovation , has alfo
enabled the father to maintain a great part of his
original jurifdiCtion'. The father is faid to have
there the privilege of felling his children whenever
he thinks proper; but if he intends to put them
to death , it is neceflary that he fliould bring
them before a magiftrate , and publicly accufe
them. At the fame time , whatever be the crime
of which they are accufed , they are held to be
guilty , without any other proof but the bare
affertion of the. father ".
The cuftom of expofing infants was not re*
ftrained in China till very lately. Father Noel,
in a relation prefented to the general of the
Jefuits , in i7o3, takes notice, that at Pekin a
number of children were ufually dropt ©r expofe$
every morning in the Streets. " As Pekin is excef-
" fiyely populous," continues that pious and
Catholic father, " and thofe who have more children
" than they can maintain do not fcruple to drop
" them in places of public refort, where they
" either die miferably, or are devoured by beafls;
" one oS our firft cares is to Send, every mornpg,
*< catechifts into the different parts of that great
Though in China a man is not allowed to have more
wives than one , yet he may have any number of concubines;
which , in the point under confideration , muft have nearly
the fame effect. Le Compte's memoirs of China..
Ibid,

OF RANKS. ,33
" city, in order to baptize Such of thofe children
" as are not dead. About twenty or thirty thoufand
te children are expofed yearly, and of thefe our
'• catechifts baptize about three thoufand; and had
''• we twenty or thirty catechifts, few of the children
*' in queftion would die unbaptized". "
In thofe European nations which have made th@
greateft improvements in commerce and manufac
tures , great liberty is ufually enjoyed by the
members of every family; and the children are;
no farther fubjeCted to the father than feems
neceffary for their own advantage. When they
come to be of age, they have the full enjoyment
and difpofal of any feparate property which they
happen to acquire; and even during their father's
lite, they are in fome cafes entitled to a fixed
provifion out of the family - eftate.
It can hardly be doubted, that thefe regulations,
which tend to moderate the exceffive and arbitrary
power affumed by the head of a family , are
Supported by every confideration of juftice and
utility. The opinion of Sir Robert Filmer, who
founds the doCtrine of paffive obedience to a
monarch , upon the unlimited fubmiffion which
children owe to their father , feems , at this
day, unworthy of the Serious refutation which
it has met with, and could only have gained reputa-*
tion when men were juft beginning to refleCt upon
the firft principles of government. To fay that a,
king ought to enjoy abfolute power becaufe a father
. *' Travels of the Jefuits, compiled from their letters,
tranflated by Lockman, vol, x. p. 448. K '

*34 T H E O R I G I N
has enjoyed it, is to defend one fyftem of oppref-
fion by the example of another.
The intereft of thofe who are governed is the
chief circumftance which ought to regulate the
powers committed to a father, as well as thofe
Committed to a civil magistrate ; and whenever the
prerogative of either is further extended than is
requifite for this great end , it immediately dege?
nerates into ufurpation , and is to be regarded as
a violation of the natural rights of mankind.
The tenden'cy, however, of a commercial. age
is rather toward the oppofite extreme, and may
pccafion fome apprehenfioh that the members of
a family will be raifed to greater independence
than is confiftent with good order , and with a
domeftic fubordination. As in every country, the
laws enforced by the magiftrate ore in a great
meafure confined to the rules of juftice, it is evi
dent that further precautions are neceflary to guard
the morals of the inhabitants, and that, for this
purpofe , the authority of parents ought to be fuch
as may enable them to direct the education of
their children , to reftrain the irregularities of
youth, and to inftil thofe principles which vyill
render tljiem ufeful members pf fociety.

OF RANKS. i35

CHAP. III.
The authority of a Chief over the members of a
tribe or village.
SECTION I.
The origin of a Chief, and the degrees of influence
which he is enabled to acquire.
xlAVING confidered the primitive ftate of a
family during the life of the father , we mav now
examine the changes which happen in their fitua-
tion , upon the death of this original governor ,
and the different- fpecies of authority to which
they are then commonly fubjeCted.
When the members of a family become too
numerous to be all maintained and lodged in the
fame houfe, fome of them are under the neceflity
of leaving it, and providing themfelves with a
new habitation. The Sons , having arrived at the
age of manhood, and being difpofed to marry,
are led by degrees to have a feparate refidence ,
where they may live in a more comfortable man
ner. They build their huts very near one to
another, and each of them forms a diftinCt family;
of which he affumes the direCtion , and which lie
endeavours to fupply with the means of fubfift-
ence. Thus the original fociety is gradually enlarged
into a village or tribe ; and according as it is
K4

i36 T H E O R I G I N
placed in ^ircumflances which favor population,
and render its condition profperous and flourishing,
it becomes proportionably extenfive , and is fub-
divided into a greater multiplicity of branches.
From the fituarion of this early community , it
is natural to Suppofe that an uncommon degree of
attachment will fubfift between all the different
perfons of which it is compofed. As the ordinary
life of a favage renders him hardy and robuft , So
he is a Stranger, to all thoSe considerations of utility,
by which, in a polifhed nation, men are commonly
induced to reftrain their appetites, and to abstain
from violating the poffeffions of each other. Different
clans or tribes of barbarians are therefore difpofed
to rob and plunder one another , as often as they
fiave an opportunity pf doing it with fuccefs; and
the reciprocal inroads and hostilities in which
they are engaged become the Source of continual
animofities and quarrels , which are profecuted
>vith a degree of fury and rancor fuited to the
temper and difpofitions of the people. Thus tfie
members of every fingle clan are frequently at
variance with all their neighbours around them.
This makes it neceffary that they fliould be con-
ftantly upon their guard, in order to repel the
numerous attacks to which they are expofed,
and to avoid that barbarous treatment, which
they have reafon to expect, were they ever to
fall under the power of their enemies. As they
are divided from the reft of the world, fo they
are linked together by a fenfe of their common
danger, and by a regard to their common intereft.

OF RANKS. i37
They are unijted in all their paflime^. and amnfe-
ments , as well as in their Serious occupations;
and when they go out upon a military enter
prise , they are no lefs prompted to fhow their
friendship for one another, than to gratify their
common paffions of enmity and refentment. As
they have been brought up together from their inr
fancy , and have little intercourfe with thofe of a
different community, their affeCtions are raifed
to a greater height, in proportion to the narrow-
nefs of that circle to which they are confined. As
the uniformity of their life fupplies them with
few occurrences , and as they have no oppor
tunity of acquiring any great variety of knowledge,
their thoughts are the more fixed upon thofe
particular obj^Cts which have once excited their
attention ; they retain more fteadily whatever im-;
preffions they have received , and become the
more devoted to thofe entertainments and prac
tices with which they have been acquainted.
Hence it is , that a favage is never without dif
ficulty prevailed upon to abandon his family and
friends , and to relinquilh the fight of thofe ob-
jeCts to which he has been long familiar. To be
baniihed from them is accounted the greateft of
all misfortunes. His cottage , his fields , the faces
and converfation of his kindred and companions,
recur inceffantly to his memory j and prevent
him from relifhing any fituation where thefe are
wanting. He clings to thofe well-known objeCts, and
dwells upon all thofe favorite enjoyments which
he has loft. The poorer the country in which he

!3S T H E O R I G I N
has lived , the more wretched the manner of life
to which he has been accuftomed, the lofs of it
appears to him the more unfupportable. That
very poverty and wretchednefs , which contracted
the fphere of his amufements, is the chief cir
cumftance that confirms his attachment to thofe
few gratifications which it afforded, and renders
him the more a flave to thofe particular habits
which he has acquired. Not all the allurements of
European luxury could bribe a Hottentot to re-
fign that coarfe manner of life which was become
habitual to him ; and we may remark , that the
" maladie du pays," which has been fuppofed
peculiar to the inhabitants of Switzerland, is more
or lefs felt by the inhabitants of all countries, ac
cording as they approach nearer to- the ages of
rudenefs and fimplicity '.
Mr. Kolben relates, that one of the Dutch j govern.
ors at the Cape of Good Htfpe brought up a Hottentot
according to the fjfhions and cuftoms of the Europeans,
teaching him feveral languages, and mftrudting him fully
in the principles of the Chriftian religion , at the fame
time clothing him handfomely , and treating him in all
refpefts as a perfon for whom he. had a high efteem
and whom he defigned for fome beneficial and honorable
employment. Jhe governor afterwards fent him to Batavia,
where he was employed under the commiffary for fome
time , till that gentleman died ; and then he returned to
the Cape of Good Hope. But having paid a vifit to the
Hottentots of his acquaintance , he threw off all his fine
clothes , bundled ihem up , laid them at the governor's feet
and defiied he might be allowed to renounce his Chrift-
ianity , and to live and die in the religion and cuftoms of
his anceftors J only requesting that he might be permitted

OF RANKS. i3g
* Thofe tribes that inhabit the more uncultivated
parts of the earth, being almoft continually at war
with their neighbours , and finding it neceffary ta
be always in a pofture of defence , have conftant
occafion for a leader to conduct them in their var
rious military enterprifes.
Wherever a , number of "people meet together
in order to execute any meafures of common con
cern , it is convenient that fome perfon- Should be
appointed to direct their proceedings , and pre^
vent them from running into confufion. It accor
dingly appears to be a regulation , uniformly
adopted in all countries, that every public af-r
Sembly fliould have a prefident , invefted with a
degree of authority fuitable to the nature of the
bufmefs committed to their care. But in no
cafe , is a regulation of this kind fo neceffary as
in the conduCt of a military expedition. There
is no Situation in which a body of men are fo
apt to run into diforder , as in war ; where it is
jmpoffible that they Should co-operate, and preServe
the leaft regularity , unleSs they are united under
to keep the hanger and collar which he wore , in token cf
his regard tp his benefa<ftor. "Wliile the governor was de
liberating upon this, fcarpe believing the fellow to be in
earneft , the young Hottentot took the opportunity of run
ning, away , and never afterwards came near the Cape ,
thinking himfslf happy that he had exchanged his Eu
ropean drefs for a Sheep-skin, and that he had abandoned
the hopes of preferment for the fociety of hi« relations and
cpuntrymen. The Englifh Eaft-India Compiany made the like experiment
Vpon two young Hottentgts , but with no better fuccefo

i4o T H E O R I G I N
a fingle perSon , empowered to direct their move
ments , and to Superintend and control their
Several operations.
The members oS a family having been ufually
conduCted by the father in all their excurfions of
moment, are naturally difpofed, even when their
fociety becomes larger, to continue in that courfe
of aCtion to which they have been accuftomed;
and after they are deprived of this common parent,
to fall under the guidance of fome other perfon, who
appears next to him in rank, and has obtained
the Second place in their efteem and (Confidence.
Superiority in ftrength , courage , and other per-
fonal accorriplilhments, is the firft circumftance by
which any finale perfon is raiSed to be the leader
oS a tribe , and by which he is enabled to main
tain his authority.
In that rude period , when ihen live by hunting
and nihing, they have no opportunity of acquir
ing any confiderable property; and, there are no
diftinCiions in the rank of individuals, but thofe
which arife from their perfonal qualities, either
of mind or body.
The ftrongeft man irj a village , the man who
excels in running, in wrefthng , or in handling
thofe weapons which are made ufe of in war, is,
in every conteft, poffefled of an evident advantage,'
which cannot fail to render him confpicuous , and
to command refpeCt and deference, In their games
and exercifes , being generally victorious , he gains
an atcendency over his companions , which diSpoSes
them to yield him pre-eminence , and to reft fully

O F R A N K S. 141
Satisfied of his Superior abilities.. When they go
out to battle, he is placed at their head , and
permitted to occupy that ftation where his behavi
our is moft likely to be diftinguifhed. and appplau-
ded. His exploits and feats of aCtivity are regarded
by his followers with pleaftire. and admiration ;
and he becomes their boaft and champion in every
ftrife or competition with their neighbours. The
more they have been accuftomed to follow his
banner, they contract a ftronger attachment to his
perfon , are more afraid of incurring his difplea-
fure, and difcover more readinefs to execute thofe
meafures which he thinks proper to fuggeft. In-
ftead of being mortified by his greatnefs , they
imagine that it refleCts honor upon the fociety to
which he belongs , and are even difpofed to mag
nify his prowefs with that fond partiality which
they entertain in favor of themfelves.
In many Savage tribes the captain of an.expedition
is commonly chofen from the number of wounds
he has received in battle. The Indians of Chili are
faid, in the choice of a leader, to regard only his
fuperior Strength* and toj determine this point ac-*
cording, to the burden which he is able to carry V
" Lorfqo'ils fe fouleverent , et qu'il fut queftion d'elire
* un capitaine entre eux , ils prirent une groffe poutre , le
K chargerent fur leurs epaules tour a tour, et celui qui' la
" foutint le plus long-ten. s , eut le commahdement fur eux.
*' II y en eut beaucoup- qui la foutinrent 4. ? & 6. heurtfs y
c< mais enfin il y en eut un qui la foutint 24, heures ; et celui-
w la fut reconnu pour chef. " Voyage d'Olivier dr. Noort.
Recueil de voy. qui one fervi a 1'etab; de la comp. dans
les ludes Orient, des Pais - Bas.

Ha THE ORIGIN
Montaigne gives an account of three Weft -In
dian favages, who came to Rouen when Charles
IX. was there. "The king^ " fays he, " difcourfed
"a long time with them. They were fliown
" our, manner of living, our pomp, and the Seve-
' ral beauties of that great city. Some time after,
" a gentleman afked What it was that Struck them
" moft among the various objeCts they had feen.
" They anfwered, three things. Firft,' They
" thought it very ftrange that fo many tall men ,
" wearing beards , and Handing round the king
"•'• (thefe in all probability were his Swifs guards)
" Ihould fubmit voluntarily to a child; and that
" they did not rather chufe to be governed by
" one of themfelves '."
' Montaigne's eftays,p. 169. Paris 1604,- gvo.
It has been remarked, that all animals which live in lisrds
or flocks are apt to fall unaer the authority of a fingle leader
if fuperior ftrength or courage. Of this a curious inftance
is mentioned by the author cf Commodore Anfon's voyage.
" The largeft fea-lion ," fays he, " Was the maft'er of th?
" fiock ; and , from the number of females he kept to hini'-
" felf, and his driving off the males, was ftyled by the fea-
l* men the bafhaW. As they are of a very lethargic difpofi-
" tion, and are not eafily awakened , it is obfesved, that
" each herd places fome of their males at a diftance in the
manner of centinels , who always give the alarm whenever
any attempt is made either to moleft ot approach them ,
" by making a loud grunting rroife like a hog , or fnorting
" like^a horfe in full vigor. The males had often furious
tC battles with each other ,- chiefly about the females ; and
" the bafhaw juft mentioned, who was commonly Surrounded
" by his females , to which no other male dared to approach ,
" had acquired that diftinguifhed pre-eminence by many

OF RANKS. 143
But when a people have begun to make im
provements in their manner of fighting , they are
foon led to introduce a variety of ftratagems , in
order to deceive their enemy , and qre often no
lefs indebted to the art and addrefs which they
employ, than to the ftrength or courage which
they have occafion to exert. Thus ^military fkill
and conduct are raffed to higher degrees of eftima-
tion; and the experience of a Neftor, or the cun^
ning of a Ulyffes , being found more ufeful than
the brutal force of an Ajax, is frequently the
fource of greater influence and authority.
This, as has been formerly obferved, is the
foundation of that refpeCt and reverence which
among early nations i3 commonly paid to old men.
From this caufe alfo it happens , that the leader
of a barbarous tribe is often a perfon Somewhat
advanced in years, who retaining ftill his bodily
ftrength , has had time to acquire experience in,
the art of war , and to obtain a diftinguiflied re
putation by his achievements.
The effeCt of thefe circumftances , to raife and
Support the authority of a leader or chief, is Suf
ficiently obvious, and is fully illuftrated, not only
from the uniform hiftory of mankind in a bar
barous ftate , but alfo from a variety of particulars
which may be obferved in the intercourfe of
polifhed fociety.
' bloody contefts , as was evident from the numerous
" fears vitible in all parts of his body."
In a herd of deer , the authority of the matter-buck ,
founded upon his fuperior ftrength , is not lefs confpicuous.

144 THE ORIGIN
« And the people and princes of Gilead faid
« one to another, What nan is he that will
« begin to fight againft the children of Ammon?
« He fhall be head over all the inhabitants of
« Gilead.
« Now Jephthah the Gileadite was a mighty
" man of valor , and he was the fon of a harlot,
" and Gilead begat Jephthah.
" And Gilead's wife bare him fons ; and his
tt wife's fons grew up, and they thruft out Jephthah,
« and faid unto him, Thoufhalt not inherit in
" our father's houfe ; for thou art the fon of a
" Strange woman.
« .Then Jephthah fled from his brethern , and ;
ft dwelt in the land of Tob ; and there were
" gathered vain men to Jephthah , and went out
" with him.
" And it came to pafs, in procefs of time , that
" the children of Ammon made war againft Ifrael.
" And it was fo, that when the children of Am-
ic mon made War againft Ifrael, the elders of Gilead
" went to fetch Jephthah out of the land of Tob.
" And they faid unto Jephthah , Come , and
"be our captain, that we may fight with the
** children of Ammon,
ct And Jephthah faid unto the elders of Gilead,
*' Did ye not hate me , and expel me out of my
" father's houfe ? and why are ye come unto me
« now , when ye are in diftrefs ?
cc And the elders of Gilead faid urito Jephthah,
" Therefore we turn again to thee now , that
w thou mayeft go with us, and fight againft' the
childlren

O F R A N K S. H5
" children of Ammon j and be our head over all
cc the inhabitants of Gilead.
" And Jephthah faid unto the elders of Gilead,
" If ye bring me home again to fight againft the
w children of Ammon, artd the Lord deliver them
" before me , Shall I be your head ?
" And the elders of Gilead faid Unto Jephthah,
" Th6 Lord be witnefs between us, if we do not
" fo j according to thy words.
" Thert Jephthah Went with the elders of Gilead ;
" arid the people made him head artd captain over
" them : and Jephthah uttered all his WOrds
ec before the Lord in Mizpeh \
When Saul was afterwards appointed king over
thei Jewifh nation , we find that the prophet
Samuel recommends him to the people, merely
upon account of his fuperior -Stature ^ and the
advantages of his perfon.
" And when he flood amOng the people, he
cc was higher than any of the people from his
" Shoulders and upward.
" And Samuel faid to all the people , See ye
" him whom the Lord hath chofen, that there
" is none like him amOng all the people ? And all
" the people Shouted, and faid, God fave the
« king *. "
In like manner , when the family of this prince
was deprived of the crown , the minds of the
people were prepared for that revolution by the
4 Judges, chap x. ver. 18. chap. xi. ver. i , &e. ,
' i Samuel, chap. x. ver. 23 , 24. L

146 T H E O R I G I N
opinion which they entertained of the fuperior
valor and military accomplishments of his fucceffor.
" And it came to pafs , when David was returned
** from the flaughter of the Philiftine, that the
" women came out of all the cities^ of Ifrael, fing-
" ing and dancing, to meet king Saul, with tabrets,
': with joy, and with inftruments of mufic,
" And the women anfwered one another as
'*' they played , and faid , Saul hath flain his
" thoufands , and David his ten thoufands '. "
After mankind have fallen upon the expedient
of taming and pasturing cattle , in order to render
their fituation more comfortable , there arifes
another Source of influence and authority which
was formerly unknown to them. In their herds
and flocks they frequently enjoy confiderable
wealth , which is diftributed in various proportions,
according to the induftry or good fortune of
different individuals ; and thbfe who are poor
become dependent upon the rich , who are
capable of relieving their neceflities , and affording
them fubfiftence. As the pre - eminence and, Supe
rior abilities of the chief are naturally exerted
in the acquifition of that wealth which is then
introduced, he becomes of courfe the richeft man
in the fociety ; and his influence is rendered
proportionably more extenfive. According to the
eftate which he has accumulated , he is exalted
to a higher rank , lives in greater magnificence ,
and teeps a more numerous train of fervants and
i Samuel, chap, xviii. yer. 6, 7.

OF RANKS- 147
Retainers, who, in return for that maintenance
and protection which they receive from him, are
accuftomed in all cafes to fupport his power
and dignity7.
The authority derived from wealth , is not only
greater than that which arifes from mere perfonal
accomplilhrrients , but alfo more liable and perma
nent. Extraordinary endowments , either of mind
or body , can operate only during the life of the
poffeffor , and are feldoirt continued for any length
of time in the fame family. But a man ufually
tfanfmits his fortune to his pofterity , artd along
with it all the means of creating dependence
which he enjoyed. Thus the fon /who inherits
the eftate x>f his father , is enabled to maintain
an equal rank, at the fame time that he preferves
all the influence acquired by the former proprietor ,
which is daily augmented by the power of habit,
and becomes more confiderable as it paffes from
one generation to another.
Hfence that Regard to genealogy and defcent
which we often meet with among thofe who have
remained long in a paftoral ftate. From the
Simplicity of their manners, they are not apt to
fquander or alienate their poffeffions ; and
the representative of an ancient family is natur
ally difpofed to be oftentatious of a circumftance
' The admiration and refpeft derived from the poffeflion
of fuperior fortune , is very fully and beautifully illuftrated
by the eloquent and ingenious authof of the " Theory ©f
" Moral Sentiments. ''
L 2

148 T H E O R I G I N
which contributes fo much to increafe his power
and authority. All the Tartars , of whatever
country Or religion, have an exiCt knowledge of
the tribe from which they are defcended, and are
at great pains to afcertain the leveral branches into
which it is divided *.
For the fame reafon the dignity of the chief,
which in a former period was frequently eleCtive,
is, among Shepherds, more commonly tranfmitted
from father to fon by hereditary fucceffion. As the
chief poffeffes" the largeft eftate , fo he reprefents
the moft powerful family in the tribe ; a family
from which all the reft are vain of being deScend*
ed, and the fuperiority of which they have been
uniformly accuftomed to acknowledge. He enjoys
not only that rank and confequence which is de
rived from his own opulence , but feems entitled
to the continuance of that refpeCt and fubmiffion
which has been paid to his anceftors ; and it rarely
Vi wb°n* t^atany other perfon , though of fuperior
bTties *s 5aPable °f Supplanting him , or. of
diverting the c»?urfe of that influence which has
flowed So lofflg in tfce fame channel.
The acquisition of .wealth in herds and flocks,
does not immediately give rife to the idea of
property in land. The different families ot a tribe
are accuftomed to feed their cattle promifcuoufly,
and have no feparate poffeffion or enjoy iiient
' Hiftoire generate des voyages , torn. 9. liv. 3.
chap. 3. p. J J.

OF RANKS. 149
of the ground employed for that purpofe. Having
exhaufted one field of paftUre^ they proceed to
another ; and when at length they find it conve
nient to move their tents , and change "the place
of their refidence , it is of no confequence who
Shall fucceed them , and occupy the fpot which
they have relinquiflied.
" Is not the whole land , before thee ? " fays
Abraham to Lot his kinfman; " Separate thyfelf,
« I pray thee from me : if thou wilt take the left
" hand , then I will go to the right ; or if thou
" depart to the right hand, then I will go to' the
« left '. "
The wild Arabs, who inhabit a barren country,
are accuftomed to change their refidence every
fortnight, or, at leaft every month". Ihe fame
wandering life is led by the Tartars; though,
from the greater fertility of their foil, their migra
tions are perhaps lefs frequent ".
If people in this fituatiott, during their tempo
rary abode in any one part of a country , Should
cultivate a piece of ground, this alfo, like that
which is employed in pafture , will naturally
be poffefled in common. The management of
it is regarded as an extraordinary and difficult
' Genefis, chap. xiii. ver. 9. — We , read , however, of
Abraham's buying a field for the particular purpofe of a
burying place, and of his having weighed, as the price,
four hundred fhskels of filver , current money with the
merchant. See D'Arvieux's travels.

11

See Profeffor Gmelin's tiavels into Siberia.
L 3

i5o T H E O R I G I N
work , in which it is neceffary that they fliould
unite and affift one another; and therefore, as each
individual is entitled to the fruit of his own labor,
the crop , which has been raifed by the joint
labor of all, is deemed the property of the
whole fociety ".
Thus among the natives of the ifland of Borneo,
it is cuftomary , in time of harveft , that every
family of a tribe fliould reap fo much grain as is
Sufficient f or their maintenance ; and the remainder
is laid up by the public, as a provifion for any
future demand IJ. Similar practices have probajbly
taken place in moft countries , the inhabitants firft
applied themfelves to the cultivation of the e^rth.
« The Suevi , " according to Csfar , " are by
cc far the greateft and moft warlike of the
" German trihes. They are faid to poffefs a
" hundred villages ; from each of which a
" thoufand armfed men are annually led forth
" to war.. The reft of the people remain at
" home ; and cultivate the ground for both.
" Thefe the following year take arms, and the
ct former, in their turn, remain at home. Thus
<: neither agriculture , nor the knowledge and
ct praCtice of the military art ^s negleCtpd. But
" they have no feparate landed poffeffions bgf
" longing to individuals , and are nqt allowed
That land is appropriated by tribes before it becomes
the property of individuals, has been obferved by Dr.
Stuart, in his acute differtation concerning the antiquity
of the Englifh conftitution.
Modern univerfal hiftory , vol. 9.

!!

O F R A N K S. i5i
" to refide longer than a year in one place. They
" make little ufe of grain;, but live chiefly upon
M milk and the flefh of their cattle , and are much
4c addided to hunting'*."
But the fettlement of a village in fome par
ticular place, with a view to the further improve-
•ment of agriculture, has a tendency to aboliffi
this ancient community of goods, and to produce
a feparate appropriation of landed eftates. When'
mankind have made fome proficiency in the va
rious branches of hufbandry, they have no longer
occafion to exercife them by the united delibe
ration and counfel of a whole fociety. They grow
weary of thofe joint meafures , by which they
are fubjeCted to continual difputes concerning the
diftribution and management of their common
property, while every one is defirous of employ
ing his labor for his own advantage , and of
having a feparate poffeffion , which he may enjoy
according to his own inclination. Thus , by a fort
of tacit agreement, the different families of a vil
lage are led to cultivate different portions of land
1 * Suevorum gens eft longe maxima et bellicofitlima Get-
manorum omnium. Hi centum pagos habere dicuntur, ex
quibus quotannis fingula millia anna tor urn bellandi caufa
fuis ex fiaibus educunt. Reliqui qui domi remanftrint, fe
atque iilos alunt. Hi rurfus in vieem anno poft in armis funt;
illi domi remanent. Sic- neque agricultura , neque ratio
atque ufus belli intermittitur. Sed privati et feparati agri
apud eos nihil eft ; neque longius anno remanere uno in
loco , incolendi caufa icet. Neque multum frumento , fed
maximam pattern ladle atque pecore vivunt, raultumque
funt in venationibas. Csfar de bell. Gall. lib. 4. cap. 1.
L4

152 JHE ORIGIN
apart from one another , and thereby acquire a
right to the reSpeCtive produce arifing from, the
labor that each of them has beftowed. In order
to reap what they have fown, it is neceffary that
they fliould have the management of the fubjeCt
Upon which it is produced ; fo that frOm haying
a right to the crop, they appear of courfe entitled
to the exclulive poffeffion of the ground itfelf.
This poffeffion, howevu , from the imperfeCt ftate
of early cultivation , is at firft continued only
from the feed-time to the harveft ; and during the
reft of the year , the lands of a whole village are
ufed in common for pafturing their cattle. Traces
pf this ancient community of pafturergrounds ,
during the winter-feafon , may ftill be discovered
in feveral parts of Scotland. But after a perfon
has long cultivatea the fame field, his poffeffion
becomes gradually more and more complete; it is
continued duiing the whole year without inter
ruption; and when by his induftry and labor he
has increaled the value of the fubjeCt, he feems
juftly entitled, not only to the immediate crop
that is railed , but t all the future advantages ari
fing from the melioiation ol the foil.
The additional influence which the captain of a
tribe or village is enabled to derive from this air
teration of circumfiances, may be eafily imagined.
As the land, employed in tillage is at firft pof-
effed in common , the different branches of huf-
bandry are at firft carried on , and even tl e dis
tribution of the produce is made, under the

OF RANKS. i53
infpeCtion of their leader , who claims the Super
intendence of all their pubhc concerns.
Among the negroes upon the banks of the river
Gambia , the feed-time is a period of much fefti*
vity. Thofe who belong to the fame village
unite in cultivating the ground , and the chief
appears at their head , armed as if he were going
out to battle, and furrounded by a band of mufi-*
cians , refembling the bards of the Celtic nations,
who , by finging and playing upon mufical infirm
ments , endeavour to encourage the laborers. The
chief frequently joins in the mufic ; and the works
men accompany their labor with a variety of
ridiculous geftures and grimace, according to the
different tunes with which they are entertained ".
Upon the Gold Coaft each individual muft ob
tain the content of the chief before he has liberty
to cultivate fo much ground as is neceffary for his
fubfiftence: At the fame time when a perfon has
been allowed to cultivate a particular Spot, it
fliould Seem that he has the exclufive privilege of
reaping the crop". This may be conSidered as
one Step towards the appropriation of land.
When men are difpofed to ieparate and divide
their landed poffeffions , every family , according
as it is numerous and powerful , will be in a
condition to occupy and appropriate a fuitable
" Hiftoire generale des voyages, torn, 3. liv. 7,
chap. 1 ; .
" Hiftoire generale 4^s voyages, torn, 4. liv, 9,
chap. 7. § ?•

i34 T H E O R I G I N
extent of territority. For this reafon the chief,
from his fuperior wealth in cattle, and the num
ber of his domeftics, as well as from his dignity and
perfonal abilities, can hardly fail to acquire a much
larger eftate than any other member of the com
munity. His retainers muft of confequence be in-
creafed in proportion to the enlargement of his
domain , and as thefe are either maintained in his
family, or lived upon his ground in the Situation
of tenants at will, they depend entirely upon him
for fubfiftence. They become therefore neceffa-
rily fubfervient to his intereft, and may at pleafure
be obliged either to labor or to fight upon his ac
count. The number of dependents whom he is
thus capable of maintaining will be fo much the
greater, as, from the Simplicity oS his manners,
he has no occafion to purchaSe many articles of
luxury, and almoft his whole fortune is confumed
jn fupplying the bare neceffaries of life.
The eftate which is acquired by a chief , after
the appropriation of land , is not only more ex*
tenfive than what he formerly poffeffed in herds
and flocks , but at the fame time is lefs liable to
foe deftroyed or impaired by accidents ; fo that
the authority which is founded upon it becomes
more permanent, and is apt to receive a con
tinued accumulation of Strength by remaining for
ages in the fame family.

OF RANKS. i55
SECTION II.
¦The powers yvith which the chief of a rude tribe is
commonly inyefled.
J HE povyers whitjh belong tp this early ma-
giftrate , who is thus exalted to the head of a rude
fociety , are fuch as might be expeCted from the
nature of his office, and from the circumftances
of the people over whom he is placed.
He is at firft the commander of their forces ,
and has merely the direction of their meafure§
during the time of an engagement. But having
aCted for fome time in this capacity , he finds en-
couragernent to exert his authority on other occa~
fions, and is intrufted with various branches of
public adminiftratipn.
From his peculiar fituation , he is more imrae-r
diately led to attend to the defence of the fociety,
to fuggeft fuch precautions as may be neceffary
for that purpofe , and to point out thofe enterpri-
fes which he thinks it would be expedient for them
to undertake. By degrees they are accuftomed to.
follow his opinion , in planning as well as iri con
ducting their fayeral expeditions. Warmly attached
to his perfon, and zealots to promote his intereft,
they are difpofed to accompany him for his own
fake and to efpoufe his quarrel upon every pcca-
fion. " The Germans , " fays Tacitus , " efteein
" it an inviolable duty to defend their chief, to
et maintain his dignity , and to yield him the glory-

i56 T H E O R I G I N
w of all their exploits. The chiefs fight for viCtory:
" the attendants only for the chief." As the lea
der of a tribe affords protection and fecurity to
all its members , fo he expects that they Should
make a proper return for thefe good offices by
ferving him in war. To refute this fervice would
not only expofe them to his refentment, but be
regarded as a mark of infidelity or cowardice that
would difgrace them for ever in the opinion of all
their kindred. When on the other hand , they
are willing to fulfil their duty , by appearing in the
field as often as they are fummoned , and by
difcharging with honor the truft that is repofed in
them , they are admitted to be the friends and
companions of the chief ; they are entertained, at
his table, and partake in all his amufements; and
after the improvement of agriculture has given rife
to the appropriation of land, they obtain the
poffefhon ot landed eftates , proportioned to
their merit , and luited to their rank and circum-
ftances. As the chief is , by his office, engaged in protec
ting and fecuring the members of his tribe from
the hoftile attacks of their neighbours, fohe endea
vours to prevent thofe diforders and quarrels which
may Sometimes arife among themSelves , and
which tend to weaken and difturb the Society.
" Ilium defendere, tueri, fua quoque fortia ftdta glo-
K rioe ejus affignare, prs:ipuum facramentum eft, Princi-
u pe< pro victoria pugnant; comites pro principe." Tacit.
Is mor. German.

O F R A N K S. i5j
When a difpute or Controversy happens among
thoSe who belong to different families, he readily
interpofes by his good offices , in order to bring
about a reconciliation between the parties ; who
at the fame time , if they chufe to avoid an open
rupture, may probably be willing to terminate
their difference by referring it to his judgment.
To render his decifions effeCtual he is , at firft,
under the neceflity of employing perfuafion andt
entreaty, and of calling to his affiftance the feveral
heads of families in the tribe. When his authority
is better eftablifhed, he ventures to execute his
Sentences by force ; in which , from confiderations
of expediency , he is naturally fupported by every
impartial and unprejudiced member of the fociety.
Having been accuftomed to determine caufes in
confequence of a reference , and finding that
perfons , accufed of injufttce , are frequently
averfe to fuch determination, he is at length in
duced, when complaints are made, to fummon
parties before him , and to judge of their differ
ences independent of their content. Thus he
acquires a regular jurisdiction both in civil and
criminal cafes ; in the exercife of which particular
officers of court are gradually fet apart to enforce his
commands : and when law-fuits become numerous,
a deputy-judge is appointed, from whom the people
may expect more attention to the difpatch of bufi-
neSs than the chief is ufually inclined to beftow.
Of this gradual progrefs in the judicial power of
a magiftrate, from the period when he is merely
an arbiter , to that when he is enabled to execute

i38 THE ORIGIN
his decrees , and to call parties before him , feve
ral veftiges are ftill to be found even in the laws
of polifhed nations. Among the Romans, the
civil judge had nO power to determine a law-fuit,
unlets the parties had previoufly referred the caufe
to his decifion, by a cohtnCt which was called
litis contefiatio. In England, at this day, no cri
minal trial can proceed , until the culprit , by
his pleading, has acknowledged the authority of
the court. But while thefe practices were retained,
from a fuperftitious regard to ancient ufage, a
ridiculous circuit was made , to avoid the incon
veniences of which they were manifeftly productive.
At Rome, the plaintiff, after having defired the
defendant to come voluntarily into court was, upon
his refnSal , permitted to dng him by the throat*;
and by the Englilh law , the defendant , who
/lands mute , is fubjeCted to the peine forte et dure,
a Species of torture intended to overcome the ob-
ftinacy of fuch as are accufed of atrocious crimes.
According to the fyftems of religion which
have prevailed in the unenlightened parts of the
world, mankind have imagined that the Supreme
Being is endowed with paffions and fentiments
refembling their own , and that he views the ex
traordinary talents and abilities oS their leader with
Such approbation and efteem as thefe qualities never
fail to excite in themfelves. The fame perfon whom
they look upon as the firft of mortals , is naturally
believed to be the peculiar favorite of Heaven ,
Obtorto collo.

O F R A N K S. j5g
and is therefore regarded as the moft capable to
intercede in their behalf, to explain the will of
the Deity, and to point out the moft effeCtual
means to avert his anger , or to procure his favor.
The admiration of a military leader in rude
countries , has frequently proceeded fo far as to
produce a belief of his being fprung from a
heavenly original, and to render him the ObjeCt
of that adoration which is due to the Supreme
Being. In fome of the American tribes , the chiefs carry
the name of the fun , from whom they are fup-
pofed to be defcended , and whom they are un-
derftood to reprefent upon earth'. The Yncasof
Peru derived themfelves , in like manner , from
the fun. In the kingdom of Loango, the prince-
is worfliipped as a god by his fubjeCts. They give
him the name or title ufually bellowed upon the
Deity ; and they addrefs hitn with the utmoft
Solemnity for rain or fruitful feafons \
The fupeftition of the early Greeks, in this
particular, is well known ; which was carried to
fuch a height, as enabled almoft every family of
diftinCtion to count kindred with fome one or other
of the celeftial deities. It is in conformity to this
ancient mythology that Racine has put the
*
' This is particularly the cafe among the Hurons and
Natchez. Journal hittorique d'un voyage de l'Amerique , par
Charlevoix, let. 30. Nouveaux voyages aux Indas orientals?
torn. 1. p. 42-
* Modern Uniyerfal Hiftory , vol. 16. p. 300.

160 THE ORIGIN
following beautiful addrefs into the mouth of
Phedra. ** ftoble et brl'ant auteur d'une trifle famille ,
w Toi, db't ma mere ofoit fe vanter d'etre fille,
" Qui peut-etre rougis du trouble ou tu me vois ,
" Soleil, js te viens voir pour la derniere fois!"
The fame principle has difpofed mert to deify
thofe heroes who have rendered themfelves illuf-
trious by their public fpirit, and their eminent
abilities ; to imagine that in another ftate of exift-
ence they retain their former patriotic fentinientjj
and being poffeffed of fuperior power, continue,
with unremitting vigilance, to ward off the mis
fortunes , and to promote the happinefs of their
people. When fuch are the prevailing difpofitions of a
people, the chief ot a barbarous tribe is naturally
faifed to be their high prieft ; or if he does not
himfelf exercife that office^ he obtains at leaft the
direCtion and Superintendence of their religious
concerns. For fOme time after the building of
Rome , the leader of each curia or tribe , is faid
to have been their chief ecclefiaftical officer. A
fimilar police in this refpeCt appears to have
been originally eftabliSheft in the cities of
Greece , and has probably taken place among
the primitive inhabitants of moft countries. It
may eafily be conceived that in ignorant nations,
guided by omens and dreams, and fubjeCt to all
the terrors of grofs fuperftition , this branch of
power ,

OF RANKS. 161
power , when added to tfie conduct of war , and
the diftribution of juftice, will be an engine of
great confequence to the magiftrate , for carrying
through his meafures , and for extending his
authority. As , in conducting the affairs of a community t
in the management of what relates to peace or
war , and in the adminiftration of juftice , various
abufes are apt to be committed , and many more
may ftill be apprehended, the people are gradually
led j by experience and observation , to introduce
particular ftatutes or laws , in order to correCt or
afeertain their practice for the future. Even this
legiflative power ^ by which all the other branches
of government are coiitrouled and direded , is
naturally affumed by the chief, after he has
acquired confiderable influence and, authority.
When the members of his tribe have become
in a great meafure dependent upon him with
regard to their property^ they are in no condition
to diSpute his commands, or to refufe obedience
to thofe ordinances which he iffues at pleafure , in
order to model or eftablifli the conftitution of the
fociety. From thefe observations we may form an idea
of that conftitution of government which is natu
rally introduced among the members of a rude
tribe or village.. Each of the different families of
which it is compofed is under thejurifdiction of the
father, and the whole community is fubjected to
a chief or leader, who enjoys a degree of influence
and authority according to the fuperior abilities
M

16a T H E O R I G I N
with which he is endowed, or the wealth which
he has been enabled to acquire.
The rudeft form of this government may be
discovered among the Indians of America. As
thefe people fubfift, for the moft part, by hunting
or fifhing, they have no means of obtaining fo much
wealth as will raife any one perfon greatly above
his companions. They are divided into Small
independent villages, in each of which there is a
chief, who is their principal leader in war. He
bears the name of that particular tribe over which
he prefides; and in their public meetings he is
lcnown by no other. His authority , though great
er in fome villages than in others, does not ap
pear in any of them to be very confiderable. If
he is never difobeyed, it is becauSe he knows
how to Set bounds to his commands. Every
family has a right to name an affiftant to the chief;
and the feveral heads of families compofe an af«
fembly , or " council of the elders , " which is
accuftomed to deliberate upon all matters of
public importance '.
" L'autorite des chefs s'etend proprement fur ceux de
C{ leur tribu , qu'ifs confiderent comme leurs enfans. " —,
" Leur pouvoir ne paroit avoir rien d'abfolu , et il ne femble
" pas qu'ils ayent aucune voye de coa&ion pour fe faire
" obeir en cas de refiftance , on leur obeit cepcr.dant, & ils
" commandent avec autorite ; leur commandement a force
" de prieres , et I'obeiffance qu'on leur rend , paroit entiere«
' ment libre." — " Bien que les chc fs n'ayent auo ne marque
*' de diftindtion et de Superiority, qu'on ne puiffe pas les
" diftinguer de la foule par les honneurs qu'on devroit leur
" rendre , » l'excegtion de quelques cas particulien , on ne

O F R A N K S. !b5
Each individual is allowed , in ordinary caSes ,
to " take up the hatchet," as it is called ^ or njtake
war upon thoSe who have offended him. Enter
prises of moment, however, are Seldom under
taken without the concurrence of the affembly.
Each family has a jurifdiCtion over its own mem
bers. But the members of different families
are at liberty to fettle their differences in
what manner they pleafe; and the chief, or
council, interfere only as mediators j Or as arbi
ters; unlets; upton-the commiffion of thofe enor
mous and extraordinary crimes which excite
the general indignation , and which , from a

" laiff-' pas d'avoir pour eux un certain rifpedt ; niais c?.K
" furfout dans leS affaires pubiiques que leur dign;te fe Sou.
" tierit. Les conteils s'affembleflt par leurs ordres; ils ftf
" tiennent darts leurs cabanes , & moins qu'il n'y ait une ca-
*' bane publique, deftinee uniquement pour les confeils, et
" qui eft comme urie maifori de ville; les affaires fe tratmt
" en leur nom; its pfefidenf a touteS furtes .d'aflemblees ;
" ils ont une part confiderable dans les feftinS , et dans lee
" di'ftributions generales.'' — "De pedr que leS chefs n'ufur-
" paffefit Une autorite trop grande , et ne fe rendiflei.t trop'
" abfolus, on les a comme brides , en leur donnSnt des ad-
" joints , qui parragent a Vec eiix la fouVerainete de la terre, e£
" fe nomment Agaianders comme eux." — " Aptesles Aga-
" iaiiders , vfent le Se'tiat , compote des vieillards , ou des aru
" cieris, nommes dans leur langue Agokftiinbai le nonibrC
" des ces fenateurs tfeft point determine : cha--un a droit
" d'entrdr au cotiftjil pour y doriner ton fuffrage." P. Lafitan,
moeurs des fauvages Ameriquains, 4to. a Paris, 1724.
t6mi. i. p^ 47* — 47 <•
M a

i64 THE ORIGIN
fudden impulfe of refentment, are inftantly punifli-
edwith Severity '.
From the accounts which have been given of
wandering tribes of fliepherds in different parts of
the world, it would feem that their government is
of the fame nature, though the power of their leader
is further advanced, according to the degrees of
wealth which they enjoy. In proportion to the
extent of his herds and flocks, the. chief is
' Ibid. torn. 2. p. 167. —7 " La decifion des affaires cri.
" minelles appartient immediat ment a ceux de la cabane des
K coupables, par rapport auxcoupabls meme, quand quel-
Ci qu'un d'une cabane en a tue un autre de la meme cabane:
*' comme on fuppofe qu'ils ont droit de vie et de mott les
" uns fur les autres , le village femble ne prendre nul interet
" au defordre qui eft arrive. — L'affairc change bien dena-
" ture, fi le meurtre a ete commis a l'ega.d d'une perfonne
" d'une cabane differente, d'unt autre tribu , d'un autre vii.
" lage et encore plus d'une nation etrangere ; car alors cette
" mort funefte intereffe tout le public ; ehacun prcnd fait et
c< caufe pour le defunt , et contribue en quelque chofepoui
" refaire l'efprit ( c'eft leur expreflion ) aux parens aigris par
la perte qu'ils viennent de faire ; tous s'intereffent aufli pout
" fauver la vie au criminel , et pour mettre les parens dece.
" lui-ci a cou vert de la vengeance des autres , qui ne manque.
" roit pas d'eclater tot oii tard , fi on avoit manque a faire la
" fatisfadbonprefcrite, dans des cas femblables, par leurs
" loix , et par leurs ufages." — II eft des occafions ou le crinw
" eftfinoir, qu'on n'a pas tantd'?gard pour garantir le meur.
" trier , et ou le confeil , ufant de fon autorite fupreme , fftend
" foin d'en ordonner la punition." — Ibid. torn. 1. p. 486.
487. 490. 499.
See alfo the view which is given of the ftate of govern.
ment among the Americans, by P. Charlevoix Journal,
hjftorique d'un voyage de l'Aiuerique , let. 13. ig.

cc

OF RANKS. i65
exalted above all the other members of the tribe,
and has more influence in directing their military
operations, in eftablifhing their forms of judicial
procedure ,' and in regulating the feveral branches
of their public adminiflration. Thus the captain
or leader of a tribe among the Hottentots, who
have made but fmall progrefs in the paftoral life,
and among the wild Arabs, who have Seldom
acquired confiderable property , appears to have
little more authority than among the favages of
America'. The great riches, on the other
" The Arabian tribes , though they have been for
" many ages under the Turkifh yoke, are early inter-
*' runted , either in what may concern the courfe of juftice,
*' or in the fucceffion to thofe few offices and dignities
" that belong properly to themfelves. — Every Dou-tvar ( i.
w e. village or encampment) therefore may be looked
" upon as a little principality , over which it is ufual for
" that particular family , which is of the greateft name,
" fubftance , and reputation , to prefide. How-ver, this
" honor does not always lineally defcend from father to fon ;
Cl but , as it was among their predeceffors the Numidians ,
" when the heir is too young, or fubjedt to any infirmity,
*' then they make choice of the uncle , or fome other relation,
K who, for prudence and wifdom, is yidged to be the fitteft
ct for that employ. Yet, notwithftanding the defpotic power
<c which is lodged in this perfon, all grievances and difputes
" are accommodated in. as amicable a manner as poilible ,
a by calling to his affiftance one perfon or two out of each tent?
ct and as the offender is confidered as a brother, the fentence
" is always given on the favorable fide; and even in
" the moft enormous crimes , rarely any other punifhment
" is infli&ed than banifhment. " Shaw's Travels , chap.
4. p. 310.
M 3

i66 THE ORIGIN
hand, which are frequently acquired by thofe
numerous bands of Shepherds inhabiting the vaft
country of Tartary , have rendered the influence
of the chief proportionably extenfive , and have
bellowed upon him an almoft unlimited power,
which commonly remains in the Same family, and
is tranfmitted from father to fon like a private
inheritance '.
The ancient German nations , defcribed by
Csfar and Tacitus , may be ranked in a middle
fituation between thefe extremes; having probably
had more wealth than the Hottentots , or moft of
the wild Arabs, and lefs than the greater part of
the Tartars. While they remained in their own
countrv, they were not altogether Strangers to the
cultivation of the ground ; but they all led a
wandering life , and feem to have had no idea of
property in land ; a fufficient proof that they drew
their fubfiftence chiefly from their cattle , and
regarded agriculture as only a Secondary employr
ment. Their chiefs appear to have been either
hereditary , or elected from thofe families who
had been longeft in the poffeffion of opulent
fortunes ; but their military expeditions were fre*
quently conducted by fuch inferior leaders , as
happened tq offer their Service , and could
perfuade their companions to follow them,
Jn time of peace, juftice was admimftered by the
See Kolben's Hiftory of the Cape of Good Hope. —
Hiftoire generall des voyages. — Montefquieu, Efprit des
loix , liv. 1 8- chap, 19.

O F R A N K S. 167
refpeCtive chiefs , or leading men , of the different:"
villages *.
But when thofe barbarians had Sallied forth
from their native forefts, and invaded the pro-
" Reges ex nobilitate , duces ex virtute fumunt. Nee
" regibus infinita aut libera poteftas : et duces exemp! j>
" potius , quam imperio ; fi prompti , fi confpicui, fi ante
" aciem agant , admira tone prsfunt. " Tacitus de mor.
" German. § 7. De minoribiis rebus principes confultant,
" de majo ibus omnes : ita tamen , ut ea quoque, quorum
" penes plebem arbnrium eft , apud principes pertrac-
" tentur. — Ut turbae placuit , confidunt armati, Silentiuiu
per facerdotes , q.ibus turn et coercendi jus eft, im-
" peratur. Mox rex vel princeps , prout ajtas cuique ,
" prout nobilitas , prout decus bellorum , prout facundia
" eft, audiuntur, au&oritate fuadendi magis quam ju-
'' bendi poteftate. " Ibid. $ ¦ r. " Licet apud concilium
" accufare quoque, et difcrimen capitis intendere. Diftinc-
" tio poenarum ex deliclb. Proditores et transfugas ar-
" boribus fufpendunt. Ignavos et imbelles , et corpori
" infames , coeno ac pallude, injedla infuper crate, mer-
" gunt. — Eliguntur in iifdfcm confiliis et principes , qui
" jura per pagos vicofque reddant. Centeni fingulis ex
" plebe comites , confilium fimul et audoritas adfunt. ''
Ibid. § iz.
" Cum bellum civitas aut ilia turn defendit , aut infert :
" magiftratus, qui ei beilb prajfint, ut vita; necifque
u habeant poteftatem , deliguntur. In pace nullus eft
" communis magiftratus , fed principes regionum atqua
" pagorum inter fuos jus dicunt, controverfiuftiue minuunt
" — ubi quis ex principibus in concilio dixit , fe ducem
" fore; qui fequi velint , profiteantut: confurgunt ii , qji
" et caufam et hominem prohant, fuumque auxilijira
w pollicentur , atque ab multitudine collaudantur : qui ex
u iis fecuti non funt , in defertorum ac proditorum num-
" ero ducuntur; orrtniumque iis rerum poftea fid?s dero-
gatur. " Casfar, de bell. Call. 6. § z\.
M4

i6S THE ORIGIN
vinces of the Roman empire , they were foon led
to a great improvement in their circumflances.
The countries which they conquered had been
cultivated and civilized under the Roman domi
nion ; and the inhabitants , though generally in a
declining ftate, were wfell acquainted with huf-
bandry and a variety of arts. It was fo be expec
ted, therefore, that, while the Gothic invaders,
during- a long courfe of bloody wars , defaced the
monuments of ancient literature, and wherever
they came, planted their own barbarous cuftoms,:
they fliould , on the other hand , fuddenly catcfi
a degree of knowledge from the conquered people;
and make a quicker progreTs in Agriculture, and
fome of the coarfer handicrafts connected with it,
than they could have done in the natural courfe
of things , had they been left to their own ex
perience and o'ofervation. By their repeated vic
tories , different heads of families, or batons, were
enabled to^feize great landed eftates. They alfo
acquired many captives in war , whom thpy re
duced into Servitude , and by whom they were
put into a condition for managing their extenfive
pofffeifions. After the fettlement of thofe nations was com7
pleted , the members of every large family came
to be compofed of two forts of people ; the flaves,
acquired for the moft part by conqueft ; and the
free men, defcended from a common anceftor,
and maintained out of his eftate. The former
were employed chiefly in cultivating their
matter? grounds: the latter Supported the intereft

OF RANKS. 169,
and dignity of their leader, and in their turn
were protected by him.
The authority of the baron was extremely ab
solute over all the members of his family ; becaufe
they entirely depended upon him for fubfiftence.
He obliged his flaves to labor at pleafure, and
allowed them Such recompence only as he thought
proper. His kindred were under the neceffity of
following his banner in all his military expeditions.
He exercifed over both a fupreme jurifdiCtion, in
punifliing their offences, as well as in deciding
their differences; and he fubjeCled them to fuch
regulations as he judged convenient, for removing
diforders , or preventing future difputes,
Thefe barons, though in a great meafure inde->
pendent, were early united in a large fociety, un
der circumftances which gave rife to a very
peculiar Set of inftitutions, The effeCt of th4t
union , whence proceeded the fyftem of feudaj,
government in Europe , will fall to be confidered
in a fubfequent part of this difcourfe,

i7» THE ORIGIN
C H A P. IV.
The authority of a Sovereign , and Subordinate
officers , over a fociety compofed of different
tribes or villages,
SECTION I.
The conflitution of government arifing from the union
of different tribes or villages.
J[ H E improvement of agriculture , as it increa-
fes the quantity of provifiuns , and renders parti
cular tribes more numer- us and flourishing, fo it
obliges them at length to fend out colonies to a
diftance who occupy new ieats wherever they can
find a convenient Situation , and are Sormed into
. Separate villages , after the model of thofe with
which they are acquainted. Thus, in proportion
as a country is better cultivated , it comes to be
inhabited by a greater number of diftinCt Societies,
whether derived from the fame or from a different
original, agreeing in their manners, and refemblirtg
each other in their inftitutions and cuftoms.
TheSe different communities being frequently
at war, and being expofed to continual invafions
from their neighbours, are in many cafes deter
mined, by the consideration of their mutual in-
tereft, to unity againft their common enemies,
and to form a variety of combinations, which, from

O F R A N K S. 171
the influence of particular circumftances, are more
or lets permanent. Having found the advantage
of joining their forces in one expedition, they are
naturally difpofed to continue the like affociation
in another, and by degrees are encouraged to enter
into a general alliancet The intercourfe which
people , in fuch a fituation , have maintained in
war will not be entirely diffolved even in time of
peace ; and though the different villages fliould be
originally ftrangers to each other, yet, having many
opportunities of affembling in their military enter-
prifes/they cannot fail to contract an acquaintance,
which will become an inducement to their future
correfpondence, They have frequent opportuni
ties of meeting in their common fports and diver
sions : the leading men entertain one another with
ruftic hofpitality and magnificence : intermarriages
begin to take place between their refpeCtive fami
lies; and the various connexions of fociety are
gradually multiplied and extended.
An alliance for mutual defence and fecurity is
a meafure fuggefted by fuch obvious views of ex*
pediency that it muft frequently take place , not
only among tribes of hufbandmen , but alfo
among thofe of fliepherds , and even of mere
favages. Many inftances of it are, accordingly,
to be found in Tartary, upon the coaft of Guinea,
in the hiftory of the ancient Germans, and among
the Indians of America. But fuch alliances are
not likely to produce a permanent union , until
the populoufnefs of a country has been increafed

if! THE ORIGIN
by agriculture, and the inhabitants, in confequence
of that emp'oyment , have taken up a fixed refi
dence in the fame neighbourhood.
From a confederacy of this kind , a very Ample
form of government U commonly eftablifhed. As
every village, or Separate community, is fubjeCfed to
its own leader , their joint meafures fall naturally
under the direCtion of all thofe distinguished per-
fonages; whoSe frequent meeting and deliberation
gives rife, in a Short time, to a regular council,
or Senate, invefled with a degree of power and
authority correfponding to what each of its itaem-
bers has acquired over his own particular domeftics
and retainers.
The fame considerations, however, which deter
mine the individuals of a fingle tribe to be guided
by a particular perSon in their Smaller, expeditions ,
muft recommend a fimilar expedient in conducting
a numerous army , compoftd of different clans,
often difagreeing in their views, and little con
nected with eacii other. While every chief has
the conduCt of his own dependents , it is found
convenient that fome obe leader fliould beintruft-
ed with the fupreme command of their united
forces ; and as that dignity is commonly bellowed
upon the perfon who, by his opulence, is moft
capable of fupporting it , he is frequently enabled-
to maintain it during life , and even in many cafes
to render it hereditary. In this manner a great
chief, or king, is placed at the head of a nation,
and is permitted to affume the infpeCtion and

O F R A N K S. i ff3
Superintendence of what relates to its defence and
Security. But, notwithftanding the rank and pre-eminence
enjoyed by this primitive fovereign , it may eafily
be -conceived that his authority will not be very
considerable. His advancement can hardly fail to
excite the jealoufy of chiefs unaccuftomed to
fubordination , who will be difpofed to take every
opportunity of curbing his pretenfions , and to al
low him no higher prerogatives than are Sufficient
to anfwer the purpoSes for which he was created.
His interpofitioUs , in matters of public concern,
will depend very much upon times and circum-
ftances , and being direCted by no previous rules ,
will be frequently made in an irregular and deful-
tory manner. In a day of battle , when placed at
the head of his army, he may venture, perhaps,
to rule with a high hand , and it may bfe dangerous
for any of his followers to difobey his orders ; but
upon other occafions his power is ufually confined
within a narrower compafs , and frequently extends
jio further than to the members of his own clan.
After the conclufion of a military enterprife, when
the oth^r tribes have retired to their feparate
places of abode, they are in a great meafure with
drawn from his influence, and are placed Under .
the immediate jurifdtCtion and authority of the
refpeCtive chiefs by w om they are protected. . As
it is neceffary that ti- fe leading men fliould give
their confem to every public meafure of import
ance , they are uiuaily convened for that purpofe

174 THE ORIGIN
by the king; who at the fame time is accuftomed
to prefide in all their deliberations.
Such , as far as can be collected ,from the Scat
tered hints delivered by travellers, is the ftate of
government in many rude kingdoms , both upon
the coaft of Africa , or in thofe parts of Afia,
where a number of diitinCt tribes or villages have
been recently and imperfeClly united '.
In the Odyfley, Alcinous, king of the Pheacians,
fays exprefsly , " There are twelve chiefs who Share
" dominion in the kingdom, and 1 am the thir-
" teenth *. " He is accordingly obliged to call a
council of his nobles, before he can venture to
furnifh Ulyffes with a fingle fhip, in order to tranf-
port him to his native country.
In the ifland of Ithaca ^ the power of the chiefs,
who ulually deliberated in council upon the affairs
of the nation , is equally confpicuous.
** * T'was Silence all, at laft Aegyptius fpoke ;
" Aegyptius , by his age aud forrows broke : —
" Since great Ulyffes fought the Phrygian plains , ,
" Within thefe walls inglorious Silence reigns.
" Say then , ye Peers ! by whofe commands we meet ?
" "Why here once more in Solemn council fit ?
Hiftoire generale des Voyages , 4.to. torn, j . liv. 8.
chap. }. § 4. — Ibid. torn. 4. liv. $. chap. 7. § 8* — 'iv.
lo. chap. 2. 6. — See alfo Calendar's collection of Voyages ,
vol. 1. p. 67, 68.
* Ao>riiy.x yxp x.kI<* ^jj^to* &pnrfeitiss BxtriXrur
A'f %oi xfouvaiTi » TpiiTK0!<^Ex«7ff; SVyw sUvroq. Odyff. lib. 8. v. }99«

O F R A.N K S. 175
" Ye young, ye old, the weighty caufe difclofe :
" Arrives fome meflage of invading foes 1
" Or fay, does high neceffity of ftate
ct Infpire fome patriot, and demand debate?
ct The pr- Sent fynod fpeaks its author wife ;
" Affift him , Jove ! thou regent of the fkies ' ! "
From the early hiftory of all the Greek ftates ,
we have reafon to believe that their government
was of a Similar nature. The country of Attica,
in particular , is faid to have been peopled by
colonies which were brought , under different
leaders , from Egypt and fome of the neighbouring
countries , and which formed a number of diftinCt
tribes or villages , independent of one another *.
The firft affociation among thefe little Societies
happened in the time of Cecrops , the founder of
Athens , who became their general , and who
made a confiderable reformation in their police
and manners. They were afterwards more inti
mately united in the reign of Thefeus , when
the nobility , ot principal inhabitants of the
feveral towns or villages , were perfuaded to fettle
at Athens , and compofed a Senate , or national
council, which exercifed an authority over the
whole country , and obtained the chief direction
of religious matters , together with the privilege at
* Pope's Odyff. book z. 1. 19.
* See Thucydides' hiftory of the Peloponnefian war ,
book 1. a.

176 T H E O R I G I N
eleCting magifttates , and of teaching and difpen-
fing the laws '.
The refemblance between this and the ancient
Roman conftitution is fufficiently obvious. The
foundation of that mighty empire was laid by a
few tribes of barbarians , originally difiinCt from
one another , who at - firft inhabited different
quarters of the city, and who appear to have lived
under the jurisdiction of their refpeCtive chiefs '.
This was, in all probability* the origin of that
connexion between the poor and the rich, which re
mained in after ages, and which has been commonly
afcribed to the policy of Romulus. People of the
lower clafs at Rome were all attached to fome par
ticular patron of rank and diftinCtion; and every
patrician had a number of clients , who , betides
owing him refpeCt and fubmiflion , were bound
to portion his daughters, to pay his debts, and to
ranfom his perfon from captivity ; as, on the other
hand, they were entitled to his advice and pro
tection 7. Of thefe leadirig men* who had an exten-
five influence over the populace , was formed the
primitive Senate* or council of the Sovereign ; which
Vid. Sigon. de repub, Athenienf. lib. i.- cap. z. 
Thucyd. hift. lib. 2. —Plutarch, in vit. Thefsi.
See the account which is given of the forum originir,
by the author of the hiftorical law-tra&s; whofe acute
and oiiginal genius has been employed in uniting law with
philofophy , and in extending the views of a gainful
profeffion to the liberal purfuits of rational entertainment.
Hiftorical law-trads , chap, of courts.
Dion. Halicarn. antiq. Rom. lib. 2. § 10. appears

O F R A N K Sv i7J
appears to have had the abfolute determination of
peace and war ; and which, in the firft ihftance,
had not only the privilege of deliberating upon all
public regulations, bat alfo, upon the death of a king,
that of naming a fucceffor to the royal dignity *.
It muft not be overlooked, however* that in
the Roman* as well as in many of the Greek
governments * there was originally a- considerable
mixture of democracy, arifing from the peculiar
circumftances of the people. The different tribes,
or families , united in the formation of Rome , or
of the independent cities which arofe in Pelopon-
nefus and fome of the neighbouring countries, had
very little property, either in moveables or in
land ; and their poverty muft have pf evented the
growth of authority in their refpeCtive leaders.
The influence of a chief, in each of thofe petty
States , depended * in all probability , upon the
perfonal attachment of his followers * and their
admiration of his abilities, more than upon his
fuperiority in wealth; and the power which that
influence enabled him to affume was , therefore ,
far from being abfolute. For this reafon, under the
kincdy government of Rome, the authority of the
fenate compofed of all the chiefs, was riot alone
fufficient for making general laws, or tranfaCting bu-
finefs where diffeniion might be apprehended, but
its decrees, in fuch cafes, were ufually confirmed
by an affembly confifting of the whole people,
* Dion. Halicarn. antiq. Rom. lib. -z, — Pohb. hi I.
lib. 6. — Hein, antiq. Rom. N

i78 T H E O R I GIN
The fame praCtice obtained in Athens and Sparta ,
and probably in moft of the other ftates of -Greece.
The particulars related by Caefar concerning the
inhabitants of ancient Gaul may be confidered as
affording the moft authentic evidence of the ftate
of government in any rude country. We learn
from this author th. t the whole of that country
Was divided into a number of feparate ftates,
independent of each other, and differing confide-
rably in the degrees of their power, as well as in
the extent of their territories. In the feveral
towns* villages, or families, belonging to each na
tion, there were certain leading pel fons, pofleffed
of great influence and authority, by whom their
refpeCtive followers were governed and proteCted.
The affairs of a whole nation were conduCted by
a king, or chief magift ate , aflifted by a national
council; and when different nations were engaged
in a common enterprise, they made choice of a
general to command their united forces \
* " In Gallia non folum in omnibus civitatibus , atque
" pagis, partibufque, fed pa ne etiam in Singulis domibus,
" faftiones funt : earumque fadtionum funt principes , qui
" fummam audoritatem eorum judicio habere exiftimantur,
(( quorum ad arbitrium, judiciumque fumma omnium
" rerum confiliorumque redeat. Idque ejus rei caufa anti-
" quitus inftitutum videtur , ne quis ex plebe contra poten-
" tiorem auxilii egeret. Suos enim opprimi quifque et
*' ciicumveniri non paritur, neque, aliter fi faciant, ullam
° inter fuos habeat au&oritatem. Ha;c eadem ratio eft in
" fumma tutius Gaihse. Niimque omnes civitates in duas
" partes divifte iunt. " Vx(. de bell. Gall. lib. 6. §n. See
Treafurie of auncient and modern e Times. Pub. 1619.

O F R A N K S. i79.
The German nations who* about the fifth cen
tury, over-ran and fubdUed the provinces of the
Weftern empire , were in a different fituation from
any other people with whofe hiftory we are ac
quainted. While they remained in their own
Country , thofe nations had made confiderable
advances in the paftoral ftate, and had thereby
acquired a good deal of wealth in herds and flocks,
By their Settlement in the Roman provinces , they
had an opportunity , as has been already ob
ferved , of acquiring large eftates in land , which
tended to augment the authority of different leaders
in proportion to their riches.
The inhabitants of a large tract of country were ,
at the fame time, affociated for their mutual de
fence , and in their common expeditions, were
conducted by a great chief* or king , whofe rank
and dignity* like that of every fubordinate leader,
was fupported by his Own private eftate. There
were two circumftances which rendered the affocia-
tions made upon this oecafion much more ejften-
five than they commonly are among nations
equally barbarous,/
As each of the nations who fettled in the Wef
tern empire , though Seldom large , was , by the
rapid prognefs of its arms , and by a fudden improve
ment in agriculture , enabled to occupy a prodi
gious quantity of land , the different proprietors ,
among whom that land was divided , were placed
at a great diftance from one another, and fpread
over a wide country. But many of thefe proprie
tors confiftins of kindred or acquaintance , and all
N 2

iSs THE ORIGIN
of them having been accuftomed to act under one
commander, they were ftill inclined, how remote
foever their fituation , to maintain a correfpon-
dence, and to unite in their military enterprifes.
The ftate of the Roman provinces was another
circumftance which promoted an extenfive af-
fociation among the conquerors. Each province
of the Ronan empire conftttuted, in. fome meafure,
a feparate government , the feveral parts of which
had all a dependence upon one another. The
inhabitants, not to mention their ancient national
attachment , had ufually a Set oS laws and cuftonu
peculiar to themfelves , and were governed by the
fame officers civil and military. They were ac
cuftomed on public occafions to act in concert,
and to confider themfelves as having a common
intereft. The capital , which was the feat of the
governor, became the centre of government, to
which the gentry of the province reforted in ex
pectation of preferment , or with a view of Sharing
in the pleafures of a court ; and from thence * to
the moft diftant parts of the country , innumer
able channels of communication were opened,
through the principal towns* where trade was
carried on , where taxes were levied , or where
juftice was adminiftered.
The connexions , which had thus fubfifted for
ages between the feveral diftriCts of large territory,
were not entirely deftroyed when it came under
the dominion of the barbarians. As the ancient in
habitants were no where extirpated, but either
by Submitting to Servitude, or by entering into

OF RANKS. 181
various treaties of alliance, were incorporated
and blended with the conquerors, the habits of
intercourfe, and the fyftem of political union
which remained with the former , was , in fome
degree, communicated to the latter. When
different tribes, therefore, though Strangers to
each other , had fettled in the fame province ,
they were eafily reduced under one Sovereign ;
and the boundaries of a modern kingdom , came
frequently , in the weflern part of Europe , to be
nearly of the fame extent with the dominions
which had been formerly fubjeCt to a Roman
governor. 1
In proportion to the number of tribes , or fe
parate families , united in one kingdom , and to
the widenefs of the country over which they
were fcattered , the union between them was
loofe and feeble. Every proprietor of land main
tained a fort of independence , and notwithftand-
ing the confederacy of which he was a member ,'
affumed the privilege of engaging in private wars
at pleafure. Prom the violent difpbfition to theft
and rapine which prevailed in that age, neigh
bouring proprietors, when not occupied in a joint
expeditiogji , were tempted to commit depredations
upon each other; and mutual injuries between
the fame individuals being often repeated , became
the fource of family-quarrels , which were pro-
fecuted with implacable animofity and rancor.
There was no fufficient authority m the public
for repreffing thefe diforders. If, upon great pro
vocation , the king had been excited to humble
N 3

t§2 T H E O R I G I N
and punifh an opulent baron , he found in many
cafes that the whole force of the crown was rer
quifite for that purpofe, and by the hazard and
difficulty of the attempt , was commonly taught to
be cautious , for the future , of involving himfelf
in fuch difputes.
As individuals therefore , in thofe times of vior
lence and confufion , were continually expofed tp
injuftice and oppreffion, and received little or no
protection from government, they found it necefr
fijry to be conftantly attentive to their own fafety.
It behooved every baron , not only to fupporf his
own perfonal dignity , and to maintain his own
rights againft the attacks of all his neighbours, but
alfo to proteCt his retainers and dependents; and
he was led, upon. that account, to regulate the
State of his barony in fuch a manner , as to pre-i
ferve the union of all its members, t'o-fecure their
fidelity and fervice , and to keep them always in
a pofture of defence. With this view, when his
relations, who had hitherto lived about his houfe,
were gradually permitted to have families of
their own , he did not beftow upon them fepa^
rate eftates, which would have rendered them
independent ; but he affigned them fudj^porflons
of land as were thought fufficient for their main
tenance, to be held upon condition, that when
ever they were called upon , they fliould be
ready to ferve him in war , and that , in all their
controverfies , they Should fubmit to his jurif-
diCtion. Thefe grants were made for no limited
time, but might be refumed at pleafure; fo that*

OF RANKS, *83
though the matter was not likely , without fome
extraordinary offence , to deprive his kinfmen of
their poffeffions , yet his power in this refpeCt be
ing indifputable , it could hardly fail to keep them
in awe , ami to produce an implicit obedience
to his commands.
The military tenants , fupported in this manner,
were denominated vaffaL ; and the land held by
any perfon upon fuch , terms has been called a
fief; though many writers , in order to diftinguifh
it from what afterwards went under the fame
name, have termed it a benefice.
When the eftate of a baron became extenfive ,
the flaves , by whom it was cultivated , were like-
wife fent to a diftance from the houfe of their
matter , and were placed in feparate families , each
of which obtained the management of a particular
farm ; but that they might , in thofe diforderly
times , be more eafily protected by the owner ,
and might be in a condition to defend and aflift
one another , a number of them were ufually col
lected together, and Compofed a little village. Hence
they received the appellation of viltani, or villains.
The whole of a kingdom was thus divided into
a number of baronies , of greater or fmaller extent,
and regulated nearly in the fame manner. The
king was at the head of a barony fimilar m
every tefpeCt to thofe of his fubjeCts, though com
monly larger , and therefore capable of main
taining a greater number of vafllls and dependents.
But the land which belonged to the barons, was held
in the fame independent manner with that which
N 4

184 T H E O R I G I N
belonged to the king. As each' of thofe warlike
chiefs had purchafed his demefnes by his own
aCtivity and valor , he claimed the abfolute
enjoyment and difpofal of them, together with the
privilege of tranfmitting them to his pofterity; and
as he had not been indebted to the crown for
his original poffeffion , neither was he obliged to
fecure the continuance of it , by ferving the king
in war, or by fubmitting to his jurifdiCtion. Thdr
property, therefore, was fuch as has. been called
allodiat, in contradiflinCtion to that feudal tenure
enjoyed by their refpeCtive military tenants'",
*" Different ?uthors have entertained very different opini
ons concerning the primitive ftate of landed property, and the
origin cf feudal ttnures , in the modern nations of Eurepe.
The antiquaiies who firft turried their attention to refearches
on this fubjeft , rhofe of France in particular, living under
an abfolute monarchy,appear to have beenftrongly prepofTefTed
by the form of government eftablifhed in their own times, and
their conjectures, with regard to the early ftate of the feudal
inftitutions , were for a long time almoft implicitly followed
by later writers. They fqppofe that , when any of the German
nations fettled in a Roman province , the king feized upon all
the conquered lands : that , retaining in his own poffeifion
what was fufficient to maintain the dignity of the crown, he
diftributed the remainder among the principal officers of his
army, to be held precarioufly upon condition of their attending
him in war : and that thefe officers afterwards beftowed part
of their eftates uppn their dependents or followers , under fimi-
Iar conditions of military fervice.
This account feem$Jiable to great objedions. i ft, It may
be asked how the king came to poffefs fo much power as would
enable him , at once , to acquire the entire property of the con
quered lands ? For it muft be remembered that the conqueft

©FRANKS. i85
Thefe peculiarities, in the 'ftate of the king
doms which were formed upon the ruins of the
extended over the ancient inhabitants of the country, not
over his own followers ; and with refped to thefe laft , the
accounts given by Caefar and Tacitus of the German nations
reprefent their princes as pofl'efling a very limited authority.
2dly. Upon the fuppofition that all the conquered lands
were originally held of the king during pfeafure , his autho
rity, immediately upon the fettlemtnt of thefe nations, muft
have been rendered altogether defpotical. If the king had a
p wer of difpoffefling all his fubjeds of their landed eftates,
he muft have been more abfolute than any monarch at prefent
upon the face of the earth. But the early hiftory of the modern
European nations gives an account of their government very
different from this , and informs us that the nobility of
each kingdom enjoyed great independence , and a degree of
opulence , in many cafes , little inferior to that of the monarch-
The idea that the king became originally proprietor of all
the conquered lands feems now, upon a fuller examination of
fads, to be in a great meafure relinquifhed ; and feveral writers
of late have made it at leaft extremely probable that the land
in the conquered provinces was at firft occupied , according to
circumftances , by different individuals , or diftributed by lot
among the warriors of each vidorious tribe; and that each
poffeflbr became the full proprietor of that portion of land
which had fallen- to his fhare. See Le droit publique de
France, eclairci par les monumens de l'antiquite. Par M.
Bouquet. See alfo Obfervations fur l'hiftoire de France. Par
M. L'Abbe de Mably.
It is true that , in the modern kingdoms of Europe , the
proprietors of lands were early underftood to be under an ob
ligation of going out to war as often as the public intereft
required it. But this was a duty which they ow^d to the
community as citizens , not to the king as vaflals ; and their
attendance was required , not by an order of the monarch, but
jn confequence of a determination of the national affembly ,
of which they themfelves were the conftituent members,

186 THE ORIGIN
Roman empire, had a vifible effeCt upon their
conftitution of government. According to the
authority poffeffed by the barons , each over his
own barony, and their independence with refpect
to each other, and with refpeCt to the king, was
their joint power and influence over that great
community of which they were members. The
fupreme powers of government in every kingdom
were, therefore, exercifed by an affembly compofed
of all thofe proprietors, and commonly fummoned
by the king on every great emergency,
Two meetings of this great council appear to
have been regularly held in a year , for the ordinary
difpatch ofbufineSs; the firft, after the Seed-time,
to determine their military operations during the
Summer; the Second, before the harveft, in order
to divide the booty. In thofe meetings it was
cuftomary alio to reCtify abufes by introducing
new regulations , and to decide thoSe law - Suits
which had arifen between independent proprietors
ot land. Such was the bulinefs of the early
parliaments in France, of the Cortes in Spain, of
the Wittenagemote in England ; and in each of the
feudal kingdoms , we diicover evident marks of a
national council, conftituted in the fame manner,
and invefted with fimilar privileges ".
In France, under the Merovingian kings, all deeds of
any importance, iffuingfrom the crown, ufually contained fome
fuch expreffion as thefe ; Una cum noftris optimatibus per*
traClavimus. De confenfu fide Hum noftrorum. Jn nojira et
$racerum nojirorum prafentia. Obfer. par M. de Mably.

OF RANKS, 18?
Thefe obfervations may ferve to Show the
general afpeCt and complexion of that political
conftitution which refults from the firft union of
rude tribes, or fmall independent focieties, The
government refulting from that union is apt to be
of a mixed nature , in which there is a nobility
diftinguifhed from the people , and a king exalted
above the nobles. But though, according to that
fyftem , the peculiar filiation of different nations
may have produced fome variety in the powers
belonging to thefe different orders, yet* unlets
in very poor ftates , the influence acquired by
the nobles has commonly been fuch as to occafion
'a remarkable prevalence of ariftocracy.

And there is good reafon to believe that what is called the
Salique Law was laid before the national stflembly and
received their approbation. f' Didaverunt Salicam legem
" Proceres ipfius gentis , qui tunc tempdris apud earn
ft erant redores. " Pra:f. leg. Sal. See Lettres hiftoriques
fur les fondions eflentielles du parlement. Boulainvilliers
let. fur le pari, de France.

i8S THE ORIGIN
SECTION II.
The natural progrefs of government in a rude kingdom.
X HE. continued union of rude tribes, or fmall
Societies , has a tendency to produce a great al
teration in the political fyftem of a people. The
fame circumftances , by which, in a fingle tribe,
a chief is gradually advanced over the different
heads of families, contribute, in a kingdom, to
exalt the Sovereign above the chiefs, and to
extend his authority throughout the whole of his
dominions. As the king is placed at the head of the nation,
and aCts the moft confpicuous part in all their
public meafures* his high rank ar.d Station refleCt
upon him a degiee of fplendor, which is apt to
obfcure the luflre of every inferior chief; and the
loi ger he has remained in a fituation where he
excites the admiration and refpeCt o/ the people,
it is to be fuppofed that their habits of fubmiffion
to him will be the more confirmed.
From the opulence, too , of the Sovereign,
which is generally much greater than that of any
other member of the community , as well as from
the nature of his office, he has more power to
reward and protect his friends, and to punifli or
deprefs thofe who have become the objects of his
refentment or difpleafure. The consideration of this
muft operate powerfully upon individuals, as a

O F R A N K S. 189
motive to court his favor, and, of confequence ,
to Support his intereft. It is therefore to be con
cluded that , from the natural courfe of things ,
the immediate followers and dependents of the
king will be conftantly increafmg, and thofe of
every inferior leader will be diminishing in the
fame proportion.
In a government fo conftituted as to introduce
a continual jealoufy between the crown and the
nobles , it muft frequently happen that the latter ,
inftead of profecuting a uniform plan for aggran
dizing their own order , Should be occupied with
private quarrels and.diffenfipns among themfelves;
fo that the king, who is ready to improve every
conjuncture for extending his power, may often
employ and aftift the great lords in destroying
each other , or take advantage of thofe occafions
when they have been weakened by their con
tinued ftruggles , and are in no condition to op-
pofe his demands.
According as the real influence and authority
of the crown are extended , its prerogatives are
gradually augmented. When the king finds that
the original chiefs have become in a great mea
fure dependent upon him, he is not foiicitous
about confulting them in the management of pub-
Tic affairs 5 and the meetings of the national coun
cil , being feldom called , or being attended only
by fuch members as are entirely devoted to the
crown, dwindle away from time to time, and are
at laft laid a'fide altogether. The judicial power

190

THE ORIGIN

of the heads of different tribes is gradually Sub
jected to Similar encroachments ; and the jnrif-
diCtion , which they at firft held in virtue of their
own authority , is rendered Subordinate to the tri
bunal of the monarch , who , after having efta-
blifhed the right of appeal from their courts to
his own court, is led to appoint the judges in
each particular diftriCt. The power of making
laws , as well as that of determining peace and war,
and of fummoning all his fubjeCts to the field,
may come in like manner to be exercifed at the
discretion of the prince.
This progrefs of government, towards monarchy,
though it feems to hold univerfally , is likely to
be accompanied with fome diverfity of appearances
in different countries ; and , in particular , is com
monly more rapid in a fmall ftate than in a large
one ; in which point of view the ancient Greeks
and Romans are moft remarkably diftinguiflied
from the greater part of the feudal kingdoms in
Europe. The Roman and Greek ftates were Originally of
fmall extent , and the people belonging to each
of them being, Sor the moft part, collected in one
city, Were led in a Short time to cultivate an
acquaintance. The police which was eafily efta-
bliflied in Such a limited territory, put a flop to
the divifions fo prevalent among neighbouring tri
bes of barbarians. Thofe who belonged to dif
ferent families were foon reftrained from injuring
one another , and lived in Security under the pro
tection of the government. By con verfing together

OF RANKS. 191
aimoft every day, ther ancient prejudices were
eradicated; and their animofities, being no longer
cherithed by reciprocal acts of hoftility , were
allowed to fubfide , and left no traces behind. The
whole people , being early engaged in violent
Struggles with the petty ftates around them , were
obliged to hold an intimate correfpondence , and
acquired a high f enfe of public intereft. In pro*-
portion as they were thus incorporated in a larger
community* they loft all inferior diftinCtions. The
members of each particular tribe had no reafon to
maintain their peculiar connexions , or to preferve
their primitive attachment to their refpeCtive chiefs.
The power of the nobility, therefore, which de
pended upon thofe circumftances , was quickly
deftroyed ; and the monarch , who remained at the
head of the nation without a rival to counterba
lance his influence, had no difficulty in exten
ding his influence over the whole of his dominions.
For this reafon , the ancient junfdiCtion and
authority of the chiefs is not very diftinCtly mar
ked in the early hiftory of thofe nations, among
whom it was in a great meafure deftroyed before
they were poffeffed of hiftorical records. At Rome,
fo early as the reign ot Servms lullius, the praCtice
of convening the people according to their tribes,
or curias, was aimoft entirely laid afide; and the
public affemblies were held in Such a manner,
that every individual was claffed according to his
wealth. The great extent, on the other hand, of thofe
modern kingdoms which , upon the downfal

ig* THE ORIGIN
of the Roman empire, were ereCted in the Weftern
part of Europe , was formerly mentioned ; and
the political confequences , which appear to have
been immediately derived from that circumftance,
were likewife taken notice of. The numerous
tribes * or feparate families * that were affociated
under a fovereign , far from being collected in a
fingle town , were fpread over a large territory *
and living at a diftance from each other* were
for a long time prevented from having much in
tercourfe* or from acquiring the habits of polilhed
fociety. Strangers to regular government * and
little reftrained by the authority of the public
magiftrate, they were devoted to their feveral
chiefs , by whom they were "encouraged to
rob and plunder their neighbours * and pro
tected from the punifhment due to their offences.
Mutual depredations became the Source of per
petual animofity and difcord among neighbouring
barons, who ,- from jealoufy , from an inter
ference of intereft , or from refentment of in
juries, were* for the moft part * either engaged
in aCtual hoftilities, or lying in wait for a favorable
opportunity to opprefs and deftroy one another.
Thus every kingdom was compofed of a great
variety of parts , loofely combined together , and
for feveral centuries may be regarded as a collec
tion of fmall independent focieties , rather than as
one great political community. The flow ad
vances which were afterwads made by the people
towards a more complete union , appear to have
been productive of that feudal fubordination which

OF RANKS. lg3,
which has .been the fubjeCt of fo much inveftiga-
tion and controverfy.
In thofe times of licence and diforder, the pro
prietors of fmall eftates were neeeffarily expofed to
many hardfhips and calamities. Surrounded by
wealthier and more powerful neighbours, by whorii
they were invaded from every quarter, and held
in conftant terror* they could Seldom indulge
the hope of maintaining their poffeflions, or of
transmitting them to their pofterity. Confcious
therefore of their weaknefs , they endeavoured to
provide for their future Safety , by Soliciting the!
aid of fome opulent chief, who appeared moft
capable of defending them ; and , 4n order to ob
tain that proteCtiort which he affordfed to his ancient
retainers or vaffals , they were obliged to fender
themfelves equally fubfervierit to his iritefeff;
to relinquish their pretebfions to independence,
to acknowledge him as their leader, and to yield
him that homage and fealty which belonged to a
feudal fuperioh
The nature of thefe important tranfaCtions , the
folemnities with which they were accompanied ,
and the views and motives from which they were'
Ufually concluded, are Sufficiently explained from
the copies or forms Of thofe deeds which have
been colleCted and handed down to us. The Vaf-
Sal promiSed in a Solemn manner to Submit to the
jurisdiction of the fuperior, to refide within
his domain, and to ferve him in war, whether
he fliould be engaged in profecuting his own
quartets , or in the common cauSe oS the nation.
O

m

THE ORIGIN

The Superior, on the other hand, engaged fo
exert all his power and influence, in protecting
the vaffal, in defending his poffeffions, or in
avenging his death , in cafe he fliould be afiaflinat-
ed. In confequence of thefe mutual engagements ,
the vaffal, by certain fymbols expreflive of the
agreement , refigned his property , of which he
again received the inveftitufe from the hands of
the fuperior '.
It is prbbable , however , that the extenfiori of
particular baronies, by the voluntary Submiffioii
of allodial proprietors , contributed to aScertairi
the right of the vaffal , and to limit that property
with which the fuperior was originally inveffed.
The ancient military tenants , who were the kin
dred and relations of the fuperior , and who had
received their lands as a pure gratuity , never
thought of demanding to be fecured in the future
poffeffion ; and while they continued to Support
the intereft of the family, which they looked
Fidelis Deo propitio ille , ad noftram venians prsefen-
tiam fuggeffit nobis, eo quod propter fimplicitatem fuam,
Caufas fuas minime poiiic profequi , vel admallare , dementis
regni noftri petiit ut illuftris vir ille omnes caufas fuas in vice
ipfius , tarn in pago, quam in palatio noftro admallandum
profequendunique recipere deberet , quod in prsefenty per
fiftucam eas eidem vifus eft commendaffe. Propterea jube-
miis , ut dum taliter utriufque decreVit voluntas, memoratus
ille vir omnes caufas lui, ubicumque profequi vel admallare
dtberet , ut unicuique pro ipfo , vel hominibus fuis , reputatis
conditionibus , et diredum faciat, et ab aliis fimiiiter in veii-
tate recipiat. Sic tamen quamdiu amborum decrevit volun
tas. Formul. Marculfi, 21. — Vid. ibid. Formul.' i}.
See alfo L'ESprit des Loix , liv. 3 1 . chap. g.

O F R A N K S. 195
upon as infeparable from their own intereft, they
had no apprehenfion that they fliould ever be de*
prived of their eftates. Thus* according to the
more accurate ideas of later times, they were
merely tenants at will ; though from the affeCtion
of their mafter, and from their inviolable fidelity
to him, they were commonly permitted to enjoy
their lands during life ; and in ordinary cafes the
fame indulgence was even Shown to their pofterity.
But it was not to be expeCted that thofe who
fubmitted to a foreign fuperior, and who gave
up their allodial property as an equivalent for th»
protection which was promifed them, would re-
pofe fo much confidence in a peffon with whom
they had no natural connexion, or be willing to
hold their lands by the fame precarious tenure.
They endeavoured , by exprefs ftipulations , to
prevent the arbitrary ConduCi of the mafter ; and ,
according as they found themfelves in a condition
to infift for more favorable terms , they obtained
a grant of their eftates * for a certain limited time ,
for life, or to their heirs. By thefe grants the
right of property , inftead of being totally vetted
in the fuperior , Came to be , in fome meafure ,
divided between him and his vaffals.
When a fuperior had entered into fuch tranfac-
.tions with his new retainers, he could not well
refufe a Similar Security to Such of his ancient
vaffals as , from any cafual fufpicion , thought
.proper to demand it; fo that from the influence
of example, joined to uninterrupted poffeflion in
aferies of, heirs, t^e, fame privileges were, eithee
O 2

ig5 THE ORIGIN
by an exprefs bargain , or by a fort of tacit agree
ment, communicated, at length , to all his mili
tary tenants.
This alteration gave rife to what were called the
incidents of the feudal tenures. The ancient mili
tary tenants, who- were the kindred of the Supe
rior, might be removed by him at pl^afure , or
fubjeCted to what burdens he thought proper to
impoSe upon them ; and there was no occaSion to
Specify the Service that might be required of them,
or the grounds upon which they might forfeit their
pofleffions. But when the vaffal had obtained a
permanent right to his eftate , it became neceffary
to afcertain the extent of the obligations which he
came under , and the penalty to which he vvas
Subjected upon his negleCting to fulfil them; fo
that, from the nature of the feudal connexion, he
in fome cafes incurred a forfeiture, or total. lofs of
the fief, and in others was liable, for the payment
of certain duties , which produced an occafional
profit to the fuperior.
i . Thus when the vaffal died without heirs ; when
he violated his duty by the commiffion of a crime,
or by neglecting to perform the ufual Service; in
either of thefe cafes his lands returned to the
fuperior. The emolument arifing from this forfei
ture , or termination of the fief, was called an
efcheat. q. When a perfon was admitted to hold a fief ,
he engaged by an oath to fulfil the duties of homage
and fealty to the fuperior. Even after fiefs became
hereditary , this ceremony was repeated upon every

OF RANKS.

197

tranfmiffion of the feudal right by fucceffion ; fo
that while the heir of a vaffal negleCted to renew
the engagement, he was not entitled to obtain
poffeffion, and the fuperior, in the mean time,
drew the rent of the lands. Hence the incident of
non-entry. 3. Though the heir of a vaffal might claim a
renewal of the feudal inveftiture , this was under
stood to be granted in confideration of his perfor
ming military Service. When by his nonage,
therefore , the heir was incapable of fulfilling that
condition , the Superior himSelf retained the poffef
fion of the lands ; at the fame time that he was accuf
tomed, in that cafe, to protect and maintain his future
vaffal. This produced the incident of wardfliip.
4. Upon the death of a vaffal , it was ufual for
the reprefentative of his family to make a prefent
to the Superior, in order to obtain a ready admit
tance into the poffeffion of the lands. When fiefs
became hereditary, it was ftill found expedient to
procure by means of a bribe, what could not
eafily be extorted by force; and the original arbi
trary payment was converted into a regular duty,
under the name of relief.
5. From the original nature of the feudal grants ,
the vaffal could have no title to fell, or give away
to any other perfon , the lands which he held
merely as a tenant, in confideration of the Service
which he was bound to perform. But when fiefs
had been granted to heirs, and when of confe-
quence the right of the vaffal approached fomewhat
nearer to that of property, it became cuftomary
0 3

agS THE ORIGIN
to compound with the Superior for the privilege
of alienating the eftate, upon payment of a furii
of money. This gave rife to a perquifite , called
the fine of alienation.
6. From the difordtrs which prevailed in the
feudal times , when different families were fo fre
quently at war , it was of great confequence that
the vaffals fliould not contract an alliance with the
enemy of their Liege Loi d ; which might have a
tendency to corrupt their fidelity. When fiefs
therefore came to be granted for life, or to heirs ;
it was ftill held a Sufficient ground of forfeiture
that the vaffal married without the fuperior 's con.
fent. This forfeiture was afterwards converted
into a pecuniary penalty , called the incide'nt of
marriage. ¦
7. According to the ufual policy of the feudal
nations, the fuperior levied no taxes from his "re
tainers , but was maintained from the rent of his
own eftate. In particular cafes however, When hfs
ordinary revenue was infufficient , his vSffals wefe
accuftomed to ftipply him by a voluntary contribu
tion. When fiefs were precarious, what was givefi
on thofe occafions depended upon the will of the
fuperior , who might even feize Upon the whole
eftate of his tenants. But when the vaffal had ob
tained a more permanent right , it became neceffary
to fettle the cafes when thofe contributions were
to be made , as well as the quantity that misfit be
demanded ; and in this manner , aid or benevolence
came to be enumerated 'among the duties payable
to a fuperior.

OF RAN KS. jgg
The cenyerfion of allodial into feudal property ,
4>y a voluntary refignation , as it proceeded frorn
ihe general manners and fituation of the people ',
(Continued .to be a frequent practice , while thofe
^Planners and that fituation remained. The fmaller
barons were thus, at different times, fobjeCted tp
-their opulent neighbours ; the number of inde
pendent proprietors was gradually diminished ;
-their eftates were united and blended together i|l
-one barony; and large diftriCts were brought un-
_der the dominion of a few great lords , who
daily extended their influence and authority, by
jncreafing the number of their vaffals.
Thefe changes , by exalting a fmall part of tfye
(nobility over the great body of the people , had 3
dor fome time , a tendency to abridge , inftead ,9!
^enlarging the power of the crown, and to render
-the government more ariftocratical. Whenever a.n
independent proprietor had refigned his allodial
¦property, and agreed to hold his land by a feu
dal tenure , he was no longer entitled to a voice
jn the national affembly , but was bound to follojv
,the. direCtion of the perfon to whom he had be-
.come liable in homage and fealty. This appears
(to be , tfie : reafon of what is obferved in France,
{that the national affembly was originally mu<jh
more numerous than it came to be afterwards,
when its conftituent members were all perfons
of high rank and great opulence '. It would
" Tous les Francs indiftinrltement continuerent d'y
" , avoir entree ; mais dans la fuite leur nombre s'. etant accru ,
" la diftindion entre les Gaulois et les Francs s'etant ink a-
Of

Q00

THE ORIGIN

feem alfo that in England, under the later
princes of the Saxon line, the great affairs of
the nation were tranfaCted in a meeting com-
poSed of a few great barons ; and we difcover no
¦jnarks of thofe numerous affemblies which are
taken notice of in a former period '.
But the fame circumflances , by which the
eftates of different fmall proprietors were united in
one barony, contributed afterwards to incorporate
thefe larger diftriCts , and to unite all the inha
bitants of a kingdom in the fame feudal depen-r
dency. As the barons were diminished in number,
and increafed in power and opulence , they ber
came more immediate rivals to each other. In
their different quarrels, which were profecuted
with various fuccefs, the weaker party was often
obliged to have recourfe to the king, who alone
was able to fcreen him from the fury of his ene
my ; and , in order to procure that fuccour and
protection which his fituation required , he became
willing to Surrender his property , and to hold his
eftate upon condition of his yielding that obe
dience, and performing that Service, which a
fuperior was accuftomed to demand from his vafr
fals. From the various difputes which arofe , and
the accidental combinations that were formed
*' fiblement effacee, chaque canton s'affembloit en par-
'* ticulier ; et 1' on n'admit plus guere aux affemblees ge-
" peraies , que ceux qui tenoient un rang dans l'etat, "
" Let. hift. fur les pari. „
In early times the' Wittenagemote is called t? infinite
" fidelium multitudo. "

OF RANLS, aoi
among the great families , the nobles were all, in
'their turns, reduced to difficulties from which they
were forced to extricate themfelves by the like
compliances; and the. Sovereign , who laid hold
of every opportunity to extend his influence , efta-
bliflied his fuperiority over the barons by thet
fame means which they themfelves had formerly
employed for fubjeCting the proprietors of fmaller
eftates. Thus, by degrees, the feudal fyftem was com
pleted in moft of the countries of Europe. The
whole of a kingdom came to be united in one
great fief , of which the king was the fuperior , or
lord paramount, having in fome meafure the pro
perty of all the land within his dominions. The
great barons became his immediate vaffals , and ,
according to the tenure by which they held their
eftates , were fubjeCt to his jurisdiction , and lia
ble to him in Services of the fame nature with
thofe which they exacted from their own retainers
or inferior military tenants.
The precife period when this revolution was
finally accomplished , as in moft other gradual
changes which happen in a country , is involved
in doubt and uncertainty, From a comparifon of
the opinions of different authors who have written
upon this Subject, and of the faCts which they
bring in fupport of their feveral conjectures, it ap
pears moft reafonable to conclude , that in France
the great barons continued their allodial poffef-
fions during the kings of the firft and fecond race,
and about the beginning of the Capetian line were,

SOS

THE O H I G I N

for the moft part reduced into a ftate of feudal
FubjeCtion to the monarch *.
tn England it would feem that , in like man
ner , the nobles maintained their independence
during the time of 'the Saxon princes , and were

Many of the French antiquaries and hiftorians havp
helieved that the feudal fyftem was completed under their
kings of the firft race. (See Mezeray, hift. de France. —
Loyfeau , traite des feigneuries. — Salvaing de l'ufage des
'fieft. — ) Others have fuppofed that military tenures were
unknown during this early period , -and were introduced,
either about 'the time of Charlemagne, or toward the end of
-the f.cond race of , kings, or about the time of Hu^h Capet.
.(See Boulainvilliers, lettres, fur les parlemens de France. —
Chantereau de Fevre, traite des lief . — Renault, abr. de
Thift. de France. — Bouquet, droit public de 'France, '&c.,)
Thefe various opinions appear to(have arifen < from a different
"viewof the fads*relating to the fubjed; and^here, aSjip
ijnoft other difputes , the .truth probably lies in a mhjclle
.between the oppofite extremes. Jo thofe authors who
obferved that, foon after the fettlement of the Francs in
Gaul, the king and the great lords had a conftderable
number <Jf vaflals dependent upon them for proteftion,
and liable to military Service, it Seemed a natural inference,
'that the: whole land in the country was iheld by military
tenure. Thofe on the contrary. who difcqvered rJiBt, under
the kings of the firft and Second race , the great lords
were in pofftffion of allodial eftates, and who obferved,
that , after the reign of Hugh Capet , many of the per-
quifites incident to the feudal tenures. were eftablifhed,
thought- they had reafon from thence to conclude
-that the feudal fyftem was not introduced before this
, period.

O F R A N K S. 2o3
reduced to be the vaffals of the crown in the
reign of William the Conqueror '.

From Similar circumftances it has been a fubjed of
controverfy, whether the feudal fyftem took place in Eng
land under the government of the Saxon nionarchs, or
whether it was not fi.ft introduced in the reign of Wil.
liam the Conqueror, See Wright's Introduction to the
laws of tenures , chap. 2. and the authorities quoted by
him upon both fides of the queftion.
Sir Henry Spelman having faid, in his Gloflary, v. feodum*,
th3t fiefs were brought into England by William the Conque.
ro , and the judges of Ireland, in their argument in the
cafe of defective titles, having pointed out that opinion
as erroneous , this induftrious antiquary was thence ex=
Cited to write a treatife uponthe fubjed, in which he ex
plains his meaning to be nothing more but that in England,
fii fs were not rendered hereditary before the Norman con-
queft. Thus, after having ftated the qiieftion, in the begin,
ning of his treatife , he goes on as follows: " A feud is
" faid to be -ufufrudus quidamrei immobilis fub conditione
" fidei. But this definition is of too large extent for fuch
" "kind of feuds as our queftion muft confift upon ; for it in-.
" cludeth two members or fpecies -greatly differing the one
w from the other; the one temporary and revocable (as thofe
" at will or for years , life or lives) ; the other hereditary
" and perpetual. As for temporary feuds, which ( like wild
" fig-trees) could yield none of the feudal fruits of -warrf.
" ship, marriage, relief, &c. unto their lords, they belong
" ndthirig unto our argument. " — And a little after he adds,
" But this kind of find ( we fpeak of) and no other, is thaC
" only whereof our law taketh notice, though time hath
" Somewhat varied it from the firft inftitution, by drawing
*' the property of the foil from the lord unto the tenant,
K And I both conceive and affirm under corredion, Thai

104 T H E O R I G I N
This opinion is confirmed by obferving the
changes which, from thofe two periods, began
to take place in the government of thefe kingdoms.
From the reign of Hugh Capet , the dominions
of France appear more firmly united ; they were
no longer Split upon the death of the fovereign,
and Shared among his children ; the monarch was
from this period capable of acting with more
vigor, and continued to extend his prerogative,
till the reign of Lewis XI. who exercifed the pow
er of impofing taxes , as well as making laws in
dependent of the convention of eftates *". The
fame progrefs , though with fome accidental
interruptions may be traced in England, from
the Norman conqueft to the acceflion ' of the
41 this our kind of feuds being perpetual and hereditary, and
" fubjed to wardfhip, marriage, and relief, and other feodal
" fervices were not in ufe among our Saxons, nor our law
" of tenures (whereon they depend) once known unto them."
( Spelman's treat, on feuds and tenures by knight-fervice ,
chap. i. The fame author, in another part of his treatife,
proceeds to ihow that ,in England among the Saxons, the
eftates of the nobility were denominated Boc-land, and were
held in full property, but that Folc-land, or the land of the
lower people, was held under condition of cuftomary fervi
ces, at the will of their lord the Thane. Ibid. chap. 5.
It is hoped the above .remark will appear not improper;
becaufe the authority of Spelman upon this point,' has been
confidered as of much weight; and alfo becaufe fome writers
appear to have miftaken his opinion by confulting the
paffage in his g!offary, without attending to the fubfequent
treatife, publifhed among his pofthumous works by Dr.
Gibfon. * See Boulainvillier, lettres fur les pari, de France.

O F R A N K S. ao5
Tudor family , under which the powers and
prerogatives of the crown were exalted to a
height that feemed equally incompatible with
the rights of the nobility and the freedom of
the people.
The authors , who have written upon the feudal
law , feem to have generally confidered that fyftem
as peculiar to the modern nations of Europe ;
and from what has been obferved above * it appears
evident that the circumftances of the Gothic nations,
wrho fettled in the weftern provinces of Rome,
rendered fuch a fet 6f regulations more efpecially
ufeful for the defence and Security of the people.
It is highly probable that* from thofe parts of
Europe where the feudal law was firft eftabliflied *
it was in fome degree communicated , by the
intercourfe of the inhabitants and the force of
example , to Some of the neighbouring countries.
But it merits particular attention that the fame
fort of policy, though not brought to the Same
perfection os in Europe , is to be found in
many diftant parts of the world , where it
never could be derived from imitation j and
perhaps there is reaSon to think that Similar
institutions , by which Small bodies of men are
incorporated in larger Societies under a fingle
leader* and afterwards linked together in one
great community , have been fuggefted in every
extenfive kingdom , founded upon the original
aflociation of many rude tribes or fa'miiies.
The kingdom of Congo , upon the Southern coaft
of Africa, is divided into many large diftriCts or

2o6 THE ORIGIN
provinces , the inhabitants of which appear to
have made fome progrefs in agriculture. Each
of thefe diftriCts comprehends a multitude of
fmall lordfliips , which are faid to have been
formerly independent, but which are not united.
together , and reduced under a fingle chief or
governor , who exercifes abfolute authority over
them. The great lords, or governors of provinces,
are in like manner dependent upon the king,
and owe him the payment of certain annual duties.
This monarch is underftood to have an unlimited
power over the goods of all his fiibjeCts; he is the
proprietor of all the lands in -the kingdom,
which return to the crown upon the death of
the pofleffors; and, according to the arbitrary
will of the prince , are either continued in the
fame , or bellowed upon a different family. All
the inhabitants are bound to appear in the field
whenever they are required by the fovereign,
who is able in a fhort time to raife a prodigious
army upon any fudden emergency. Every gover
nor has a judicial power in his own diftriCt , and
from his fentences there lies an appeal to the king,
who is the fupreme judge of the nation. Similar
accounts are given of the conftitution in the neigh
bouring kingdoms of Angola, Loango, and Benin'.
The fame form of government may be dis
covered in feveral parts of the Eaft-Indies , where

7 Hiftoire generale des voyages, 4to. torn. 4,5. liv.
chap. 2. 4  Ibid. torn. 4. liv. 11. phap. .1. ,6. § 2.
Modern Univerfal Hiftory, vol. 16. p. ,gi.

OF RANKS.

207

many great lords, who have acquired extenfire
dominions , are often reduced into a fort of feudal
dependence upon a fingle perfon.
Among the natives of Indoftan , there aye a
great number of families who have been im*
memorially trained up to arms, and who enjoy
a fuperior rank to moft of the other inhabitants.
They form a militia capable of enduring much
hardfhip , and wanting nothing to make good
foldiers but order and difcipline. Thefe hereditary
warriors are fubjeCt to the authority of chiefs,
or Rajahs , from whom they receive lands , upon
condition of their performing military feTvice. It
would feem that thofe different families were
originally independent of each order. By degrees,
however , . many of the poorer fort have become
fubordinate to their Opulent neighbours , and are
obliged to ferve them in war in order to obtain
a livelihood. In like manner the leaders of more
wealthy families have been gradually Subdued by
a certain Rajah , who mounted the throne , and
whoSe influence became more and more extenfive.
This in all probability gave riSe to the political
conftitution at preSent eftablifhed in that country.
The Rajahs, or nobility, are now for the moft
part retained by the Great Mogul in a fituation
refembling that of the crown -vaffals in Europe.
At the fame time there are fome of thofe chiefs
who ftill maintain an independency even in the
heart of the empire. In the reign of Aureng-zebe ,
there were about a hundred,. difperSed over the
whole country, Several of whom were capable .«£

2o8 THE ORIGIN
bringing info the field q5,ooo horfe, better troops
than thofe of the monarch 9.
In the kingdom of Pegu * which was formerly
art independent monarchy , the king is faid to
have been the fobs heir of all the landed eftates
of his fubjeCts. The nobility of chiefs had lands
and towrts affigned them , which they held of the
.crown , upon condition of their maintaining a
certain number of troops in time of peace* and
bringing them into the field in cafe of a wan
Betides thefe military fervices , they were alfo
bound to the performance of feveral kinds of
work, which the fovereign rigor oufly exaCted from
them , in token of their fubjeCtion. This country
is now annexed to the kingdom of Ava, in which,
as well as irt that of Laos and of Siam * the fame
regulations appear to be eftablifhed *.
K Travellers who make obSefva-tions oh the
" Malais , " Says the judicious M. Le Poivre , are
" aftonifhed to find, in the centre of Afia, ufider
" the fcorching climate of the line, the laws, the
ct manners, the cuftoms* and the prejudices of
" the ancient inhabitants of the north Of Europe.
a The Malais are governed by feudal laws,. that
u capricious fyftem , conceived for the defence 6f
" the liberty of a few againft the tyranny ofone,
" while the multitude is fubjeCted to flavery and
" oppreffion. Modern Univerfal Hiftory, vol. 6.. p^ 2^4.
Ibid. vol. 7. p. S4- 62. 64, 127. 188. 190. 425-
265. S7j. " A

OF RANKS.

209

" A chief , who has the title of king, or fultan,
" iffues his commands to his great vaffals , who
" obey when they think proper. Thefe have in-
" ferior vaffals , who often act in the fame man-
" ner with regard to them. ' A fmall part of the
" nation live independent , under the title of
" Oramgay , or noble , and fell their fervices to
" thofe who pay them beft ; while the body of
" the nation is compofed of flaves, and lives in
" perpetual Servitude.
u With thefe laws, the Malais are reftlefs, fond
" of navigation , ~war , plunder, emigrations, colo-
" nies , defperate enterprises , adventures , and
"' gallantry. They talk inceffantly of their honor,
" and their bravery , while they are univerfally
" regarded , by thofe with whom they have in-
" tercourfe , as the moft treacherous , ferocious
" people on the face of the globe ; and yet, what
" appeared to me extremely fingular , they fpeak
" the fofteft language of Afia. What the Count
" de Forbin has faid , in his Memoirs , is exaCtly
" true , and is the reigning characteriftic of all the
" Malay nations. More attached to the abfurd
" laws of their pretended honor , than to thofe
« of juftice or humanity, you always obferve, that
" among them, the ftrong opprefs the weak: their
" treaties of pe.ace and friendship never fubfifting
« beyond that felf-intereft by which they were
" induced to make them: They are aimoft always
" armed, and «*tier ^at war among themfelves-
« or employed ii^pillaging their neighbours ". "
" Les voyages d'une phiiofophe. 1

aio T H E O R I G I N
The remains of this feudal policy are alfo to be
found in Turkey. The Zaims and Timariots,
in the Turkifh empire , are a Species of vaffals ,
who poffefs landed eftates upon condition of their
upholding a certain number of foldiers for the
Service of the grand Seignior. The Zaims have
lands of greater value than the Timariots and are
obliged to maintain a greater number of foldiers.
The eftates ^of both, are, in Some cafes , held
during pleaSure, and in others hereditary. It
was computed, in the laft century, that the
whole militia maintained in this manner* through
out the Turkifh empire* amounted to a hundred
thoufand men ".
In the hiftory of the ancient Perfians * during
the wars which they carried on with the Roman
emperors we may alfo difeover fome traces of
a fimilar conftitution of government; for it is
obferved that this nation had no mercenary troops ,
but that the whole people might be called out to
war by the king, and upon the conclufion of
every expedition * were accuftomed to return ,
with their booty , to their feveral places of re
fidence '*.
When a great and polifhed nation begins to
relapfe into its primitive rudenefs and barbarifm,
the dominions which belong to it are in danger of
falling afunder; and the fame inftitutions may
become neceffary for preventing the different parte
A
See Ricault's State of the Ottoman fmpire.
Herodian. hift. lib. 6.

OF RANKS. 311
of the kingdom from being Separated , which had
been formerly employed in order to unite the
feveral members of an extenfive fociety. This
was the cafe among the Romans in the later
periods of the empire; When the provinces be
came in a great meafure independent, and the
government was no longer able to protect them
from the repeated invafions of the barbarians ,
the inhabitants were obliged to Shelter themfelves
under the dominion of particular great men in
their neighbourhood , whom the emperor put in
Jpoffeflion of large eftates , upon condition ot their
maintaining a proper armed force to defend th6
country. Thus* in different provinces , there
arofe a number of chiefs, or leaders , who enjoyed
eftates in land , as a confideration for the military
Service which they performed to the Sovereign.
The Abbe Du Bos has thertce been led to imagine
that the feudal policy of the German nations was
copied frorn thofe regulations already eftablifhed
in the countries which they Subdued ". But it
ought to be confidered, that the growth and decay
of fociety have, in fome refpe&s , a refembiance
to each other; which independent of imitation ,
is naturally productive of Similar manners and
cuftoms. " Hiftoire c itique de I'ecabliffement de la monarchie
Francoife dans les Gai/Sei.

P %

3,2 THE ORIGIN
CHAP. V.
The changes produced in the government of a
people , by their progrefs in Arts, and in
polifhed Manners.
SECTION I.
Circumfiances , in a poliflied nation , which tend to
increafe the power of the Sovereign.
1 HE advancement of a people in the arts of
life , is attended with various alterations in the ftate
of individuals , and in the whole conftitution of
their government.
Mankind , in a rude age , are commonly in readi-
nefs to go out to war , as often as their circumfiances
require it. From their extreme idlenefs, a military
expedition is Seldom inconvenient for them ; while
the proSpeCt of enriching themfelves with plunder*
and of procuring diftinCtion by their valor, ren
ders it always agreeable. The members of every
clan are no Ifcfs eager to follow their chief, and
to revenge his quarrel , than he is defirous of their
affiftance. They look upon it as a privilege, rather
than a burden , to attend upon him , and to Share
in the danger, as well as in the glory and profit
of all his undertakings. By the numberlefs aCts of
hoftility in which they are engaged , they are trained
to the ufe of arms , and acquire experience in the
military art , fo far as it is then understood. Thus ,
without any trouble or expenfe? a powerful nulitia

OF RANKS; ai3
is conftantly maintained , which, upon the flighteft
notice, can always be brought into the field,, and
employed in the defence of the country.
When Caefar made war upon the Helvetii they
were able tomufter againft him no lefs than ninety-
two thoufand fighting men , amounting to a fourth
part of all the inhabitants '.
Hence thofe prodigious fwarms which iffued , at
different times, Srom the ill-cultivated regions of
the north , and over-ran the feveral provinces of
the Roman empire. Hence too , the poor but
fuperftitious princes of Europe were enabled to
mufter fuch numerous forces under the banner of
the crofs , in order to attack the opulent nations
of the eaft , and to deliver the holy fepulchre from
the hands of the infidels.
The fame obfervation will, in fome meafure,
account for thofe immenfe armies which we read
of in the early periods of hiftory ; or at leaft may
incline us to confider the exaggerated relations of
ancient authors, upon that fubjeCt, as not entirely
deftitute of real foundation.
Thefe diSpofitions , " arifing from the frequent
diforders incident to a rude fociety , are of courfe
laid afide when good order and tranquillity begin
to be eftablifhed. When the government acquires
So much authority as to protect individuals Srom
oppreflion , and to put an end to the private wars
which SubSifted between different families , the
people, who have no other military enterprises but
' D; bell. Gall. lib. i.
P 3

•214

THE ORIGIN

thofe which are carried op in the public caufe of the
nation, becorhe gradually lefs accuftomed to fighting,
and their martial ardor is proportionably abated. ,
The improvement of arts and manufactures,
by introducing luxury , contributes yet more
to enervate the minds of men , who , according
as they enjoy more eafe and pleafure at home,
feel greater averfion to the hardships and dangers
of a military life, and put a lower value upon
that fort of reputation which it affords. The
increafe of induftry , at the fame time , creates a
number of lucrative employments which require
a conftant attention, and gives rife to a variety of
tradefmen and artificers , who cannot afford to
leave their bufinefs for the tranfient and uncertain
advantages to be derived from the pillage of their
enemies. In thefe circumfiances the bulk of a people-
become at length unable or unwilling to ferve
in war , and when Summoned to appear in the
field , according to the ancient ufage , are induced
to offer a Sum of money inftead of their perfon^I
attendance. A compofition of this kjnd is readily
accepted by the Sovereign or chief magiftrate, as
it enables him to hire foldiers among thofe who.
have no better employment, or who have contracted
a liking to that particular occupation. The forces
which he has raifed ^in this manner receiving
conftant pay , and having no other means of
procuring a livelihood , are entirely under the
direction of their leader , and are willing to remain
jn his fervice as long as he chufes to retain them.

OF RANKS. hi
From this alteration of "circumftances , he has an
opportunity of eftablifhing a proper fubordination
in the army , and according as it becomes fitter
for aCtion , and , in all its motions , capable of
being guided and regulated with greater facility ,
he is encouraged to enter upon more difficult
enterprifes, as well as to meditate more diftant
fchemes of ambition. His wars, which were formerly
concluded in a few weeks, are now gradually protrac
ted to a greater length of time , and occafiOning a
greater variety of operations , are productive of
fuitable improvements in the military art.
After a numerous body of troops have been
levied at confiderable expenfe, and have been
prepared for war by a long courfe of difcipline and
experience , it appears highly expedient to the
fbvereign that , even in time of peace , fome part
of them , at leaft , fliould be kept in pay , to be
in readinefs whenever their Service is required.
Thus , the introduction of mercenary forces is Soon
followed by that of a regular ftanding army. The
bufmefs of a foldier becomes a diftinct profeffion ,
Which is appropriated to a feparate order of men ;
While the reft of the inhabitants, being devoted
to their feveral employments, become wholly
ifnaccuftorried to arms ; and the preservation of
their lives and fortunes is totally devolved upon
thofe whom they are at the charge of maintaining
for that purpofe.
This important revolution, with refpeCt to the
nieans of national defence, appears to have taken
place in all the civilized and opulent nations ot

ait

THE ORIGIN

antiquity. In all the Greek^ates , even in that of
Sparta, we find thrft the military Service of the
free citizens came* from a change of manners, to
be regarded as burdenfome , and the praCtice of
employing mercenary troops was introduced. The
Romans too , before the end of the republic , had
found it neceffary to maintain a regular Handing
army in each of their diftant provinces.
In the modern nations of Europe, the difufe
of the feudal militia was an immediate confequence
of the progrefs of the people in arts and manufac
tures; after which the different Sovereigns were
forced to hire Soldiers upon particular occafions,
and at laft to maintain a regular body of troops
for the defence of their dominions. In France*
during the reign of Lewis XIII , and in Germany,
about the fame period , the military fyftem began
to be eftablifhed upon that footing , which it has
Since acquired in all the countries of Europe.
The tendency of a ftanding mercenary army to
increafe the power and prerogative of the crown*
which has been the fubjeCt of much declamation,
is Sufficiently obvious. As the army is immediately
under the conduct oS the monarch ; as the
individuals oS which it is compoSed depend entirely
upon him for preferment ; as , by forming a
feparate order of men, they are apt to become
indifferent about the rights of their fellow-citizens;
it may be expected that, in moft cafes, they
will be difpoSed to pay an implicit obedience to
his commands, and that the Same force which is

OF RANKS. my
maintained to fupprefs infurreCtions , and to repel
invafions, may often be employed tp fubvert and
deftroy the liberties of the people.
The fame improvements in fociety, which give
rife to the maintenance of Handing forces, are
ufually attended with fimilar changes in the man
ner of diftributing juftice. It has been already
obferved that, in a large community, which has
made but little progrefs in the arts , every chief
or baron is the judge over his own tribe , and
the kin^, with the affiftance of his great council,
exercifes a jurifdiCtion over the members of dif
ferent tribes or baronies. From the fmall num
ber of law-fuits which occur in the ages of poverty
and rudenefs, and from the rapidity with which
they are ufually determined' among a warlike and
ignorant people , the office of a judge demands
little attention, and occafions no great interrup
tion to thofe purfiiits in which a man of rank and
diftinCtion is commonly engaged. The Sovereign
and the nobility , therefore, in fuch a fituation,
may continue to hold this office , though , in their
feveral courts , they fliould appoint a deputy-judge
to affift them in difcharging the duties of it.
But when the increafe of opulence has given
encouragement to a variety of tedious litigation,
they become unwilling to beftow the neceffary
time in hearing caufes , and are, therefore , indu
ced to devolve the whole bufineSs upon inferior
judges, who acquire by degrees the feveral branches
of the judicial power, and are obliged to hold regular
courts for the benefit of the inhabitants. Thus the

2i8 THE ORIGIN
exercife of jurifdiction becomes a feparate employ
ment, and is committed to an order of men,
who require a particular education to qualify
them for the duties of their office, and who, in
return for their Service , muft therefore be enabled
to earn a livelihood by their profeffion.
A provifion for the maintenance of judges is
apt, from the natural courfe of things, to grow
out of their employment ; as * in order to procure
an indemnification for their attendance , they have
an opportunity of exacting fees from the parties
who come before them. This is analagous to what
happens with refpeCt to every fort of manufacture,
in which an artificer is commonly paid by thofe
who employ him, We find , accordingly , that
this was the early praCtice in all the feudal
courts of Europe, and that the perquifites drawn
by the judges , in different tribunals , yielded a
Confiderable revenue both to the king and the
nobles. It is likely that fimilar cuftoms, in this
RefpeCt * have been adopted in moft parts of the
world , by nations in the fame period of their
advancement. The impropriety, however, of
giving a permiflion to thefe exaCtions, which tend
io influence the decifions of a judge, to render
him aCtive in ftirring up law-fuits, and in mul
tiplying the forms of his procedure, in order to
increafe his perquifites ; thefe pernicious confe-
quences with which it is inseparably conneCted ,
could not fail to attraCt the notice of a poliflied
jpeople , and at length produced the more perfeft

O F R A N K S. ai^
plan of providing for the maintenance of judges
by the appointment of a fixed falary in place of
their former precarious emoluments.
It cannot be doubted that thefe eftablifhments r
of fuch mighty importance , and of fo extenfive
a nature, muft be the fource of great expenfe to
the public. In thofe early periods, when the in
habitants of a country are in a condition to defend
themfelves , and when their internal difputes are
decided by judges who claim no reward for theiu
interpofitions, or at leaft no reward from govern*-
ment, few regulations are neceffary with refpeCl
to the public revenue. The king, is enabled to
maintain his family , and to fUpport his dignity,
by the rents of his own eftate; and, in ordinary
cafes , he has no farther demand. But when this
difufe of the ancient militia has been fucceeded
by the practice of hiring troops , thefe original
funds are no longer fufficient ; and other refources
muft be provided in order to fupply the de-?
ficiency. By the happy difpofition of human
events , the very circumftance that occafions this
difficulty appears alfo to Suggeft the means of re
moving it When the bulk of a people become
unwilling to ferve in war, they are naturally dif-
pofed to offer & compofition in order to be excufed
from that ancient perfonal Service whi(Sh , from
long cuftom , it is thought they are bound to
perform. Compofitions of this nature are levied a?
firft, in confequence of an agreement with' each indi-*
vidual : to avoid the trouble arifing from a multipli*
city of Separate tranfa&ions , they are af^rwar^l

220 T H E O R I G I N
paid in common by the inhabitants of particular
diftriCts , and at length give rife to a general ajfef-
fment , the firft considerable taxation that is com
monly introduced into a country.
IS this tax could always be laid upon the people
in proportion to their circumftances , it might
eafily be augmented in Such a manner as to defray
all the expenSes of government. But the difficulty
of ascertaining the wealth of individuals makes it
impoffible to pufh the affeffment to a great height*
without being guilty of oppreffion , and renders
it proper that other methods of railing money
fliould be employed to anfwer the increafing de
mands of the fociety. In return for the protection
which is given to merchants in carrying (their
goods from one country to another , it is appre
hended that fome recompence is due to the govern
ment , and that certain duties may be levied
upon the exportation and importation of com
modities. The fecurity enjoyed by tradefmen and
manufacturers, from the care and vigilance of the
magiftrate , is held alfo to lay a foundation for
Similar exactions upon the retail of goods , and
upon the inland-trade of a nation. Thus the pay
ment of cufioms , and of what, in a large fenfe,
may be called excife, is introduced and gradually
extended. It is not propofed to enter into a comparifon of
thefe different taxes, or to confider the feveral ad
vantages and difadvantages of each. Their general
effects in altering the political conftitution of a
ftate are more immediately the objeCt of the

O F R A N K S. 221
prefent inquiry. With refpeCt to this point , it
rnerits attention that , as the fovereign claims a
principal Share at leaft , in the nomination of pub
lic officers, as he commonly obtains the chief
direCfion in collecting and difpofing of the revenue
which is raifed upon their account , he is enabled
thereby to give fubfiftence to a great number of
performs , who , in times of fafhion and diforder ,
wilLrtaturally adhere to his party , and whofe in-
tefeft, in ordinary cafes, will be employed to
fupport and to extend his authority. Thefe cir
cumfiances contribute to ftrengthen the hands of
the monarch, to- underfnihe and deftroy every
oppofite power , and to increafe the general bias
towards the abfolute dominion of a fingle perfon.

552 THE ORIGIN
SECTION II.
Other circumfiances , which contribute to advance tkt
privileges of the people.
Jx. F T E R Viewing thofe effeCts of opulence
and- the progrefs of arts which favor the intereft
of the Crown * let us turn our attention to other
circumfiances, proceeding from the fame fource,
that have an oppofite tendency * and are mahi-
feftly conducive to a popular form of government.
In that early period of agriculture when manu
factures are Unknown , perfons tvho haVe no lan
ded eftate are uSually incapable oS procuring
fubSiftence otherwife than by Serving Some opulent
neighbour , by whom they are employed , accor
ding to their qualifications , either in military
ft rvice or in the Several branches of hufbandry.
Men of great fortune find that the entertaining a
multitude of fervants, for either of thefe purpofes,
is highly conducive both to their dignity and
their perfonal fecurity; and in a rude age, when
people are ftrangers to luxury, and are maintained
from the fimple productions of the earth, the
number of retainers who may be fupported upon
any particular eftate is proportionably great.
In this fituation , perfons of low rank, have no
opportunity of acquiring an affluent fortune, or of
raifing themfelves to fuperior ftations, and remaining
for ages in a ftate of dependence , they naturally
contract fuch difpofitions and habits as are fuited
to their circumfiances. They acquire a facred

OF RANKS. 8a3
veneration for the perfon of their mafter* and are
taught to pay an Unbounded fubmiffion. to his
authority. They are proud of that fervile obedience
by which they feem to exalt his dignity , and
confider it as their duty to facrifice their lives and
their pofleffiohs in order to promote his intereft ,
or even to gratify his capricious humor.
But when the arts begin to be cultivated in a
country , the laboring part of the inhabitants are
enabled to procure fubfiftence in a different man
ner. - They are led to make proficiency in parti
cular trades and profeffions ; and , inftead of be
coming fervants to any body, they often find ij
more profitable to work at their own charges , ancj
to yend the produCt of their labor. As in this
fituation their gain depends upon a variety of
cuftomers , they have little to fear from the dif*
pleafure of any fingle perfon ; and , according to
the good quality and cheapnefs of the commodity
which they have to difpofe of , they may com?
monly be affured of fuccefs in their bufinefs.
The farther a nation advances in opulence and
refinement, it has occafion to employ a greater
number of merchants , of tradefmen and artificers;
and a,$ the lower people , in general , become
thereby more independent in their ciroumftances,
they begin to exert thofe fentiments of liberty
which are natural to the mind of man, and which
neceffity alone is able to Subdue. In proportion
as they have leSs need of the favor and patronage
of the great , they are at lefs pains to procure it ; and
their application is more uniformly directed to

224 THE ORIGIN
acquire thofe talents which' are ufeful in the ex
ercife of their employments. The imprelfions
which" they received in their former ftate of fer-
vitude are therefore gradually obliterated , and
give place to habits of a different nature. The
long attention and perfeverance , by which they
become expert and fkilful in their bufineSs, render
them ignorant of thofe decorums and of that polite
nefs which arifes Srom the intercourSe of fociety;
and that vanity which was formerly difcovered in
magnifying the power of a chief, is now equally
difplayed in Sullen indifference , or in contemp
tuous and infolent behaviour to perSons oftuperior
rank and flation.
While, from thefe caufes , people of low rank
are gradually advancing towards a ftate of inde
pendence , the influence derived from wealth is
diminished in the Same proportion. From the
improvement of arts and manufactures, the ancient
Simplicity of manners is in a great meafure deftroyed;
and the proprietor of a landed eftate , inftead of
confuming its produce in hiring retainers, is ob-*
liged to employ a great part of it in purchafing
thofe comforts and conveniences which .have be
come objects of attention, and which are thought
Suitable to his condition. Thus while fewer per-*
fons are under the neceflity of depending upon him,
he is daily-rendered lefs capable of maintaining de
pendents; till at laft his domeftics and fervants are re
duced to Such as are merely fubfervient to luxury
and pageantry, but are of no ufe in fupporting his
authority. " From

OF RANKS. aa5
From the ufual effeCts of luxury and refinement,
it may at the fame time be expeCted that old
families will often be reduced to poverty and beg
gary. In a refined and luxurious nation thofe
who are born fo great affluence * and who have
been bred to no bufmefs * are excited * with mu
tual emulation , to furpafs one another in the ele
gance and refinement of their living* According
as they have the means of indulging themfelves in
pleafure , they become more addicted to the pur-
fuit of it* and are funk in a degree of indolence
and diffipation which renders them incapable of
any aCtive employment. Thus the expenfe of the
landed gentleman is apt to be continually increa-
fing , without any proportional addition to his
income. His eftate therefore * being more artd
more incumbered with debts, is at length alienated,
and brought into the poffeffion of the frugal and
induftrious merchant , who , by fuccefs in trade ,
has been enabled to buy it , and who is defirous
of obtaining that rank and confequence which
landed property is capable of bellowing. The
pofterity, however, of this new proprietor* having
adopted the manners of the landed gentry , are
again led, in a few generations, to fquander their
eftate, with a heedlefs extravagance equal to the
parftmony and aCtijrity by which it was acquired.
This fluctuation of property* fo obfervable in
all commercial countries , and which no prohibi
tions are capable of preventing * muft neceffarily
weaken the authority ot thofe who are placed in
the higher ranks of fife. Perfons who have lately
Q

226 T H E O R I G I N
attained to riches* have no opportunity of eftablifh-
ing that train of dependence which is maintained
by thofe who have remained for ages at the head
of a great eftate. The hereditary influence of family
is thus, in a great meafure, deftroyed; and the
confideration derived from wealth is often limited
to what the poffeffor can acquire during his own
life. Even this too , for the reafons formerly men
tioned , is greatly diminished. A man of great
fortune having difmiffed his retainers , and /pen
ding a great part of his income in the purchafe
of commodities produced by tradefmen and manu
facturers , has no ground to expeCt that many
perfons will be willing either to fight for him, or
to run any great hazard for promoting his intereft.
Whatever profit he means to, obtain from the la
bor and affiftance of others, he muft give a full
equivalent for it. He muft buy thofe perfonal
Services which are no longer to be performed ei
ther from attachment or from peculiar connexions.
Money, therefore, becomes more and more the
only means of procuring honors and dignities; and
the fordid purfuits of avarice are made fubfetvient
to the nobler purpofes of ambition.
It cannot be doubted that thefe circumfiances
have a tendency to introduce a democratical govern
ment. As perfons of inferior rank are placed in
a fituation which , in point of fubfiftence , renders
them little dependent upon their fuperiors ; as
no one order of men continues in the exclufive
poffeffion of opulence; and as every man who is
induftrious may entertain the hope of gaining a

O F R A N K S. Qa?
fortune; it is to be expeCted that the prerogatives
of the monarch and of the ancient nobility will be
gradually undermined* that the privileges of the
people will be extended in the fame proportion ,
and that power, the ufual attendant of wealth, will
be in fome meafure diffufed over all the members
of the community.

SECTION III.
fiefult qf the oppofition between thefe different
principles^
\J O widely different are the effeCts of opulence
and refinement , which , at the fame time that they
furnifh the king with a Standing army * the great
engine of tyranny and oppreffion, have alfo a ten
dency to infpire the people with notions of liberty
and independence. It may thence be expec
ted that a conflict will arife between thefe two
oppofite parties , in which a variety of accidents
may contribute to caft the balance upon either
fide. ^With refpeCt to the iffue of fuch a conteft, it
may be remarked that, in a fmall ftate, the people
have been commonly fuccefsful in their efforts to
eftablifh a free conftitution. When a ftate confifts
only of a fmall territory * and the bulk of inhabit
ants live in one city, they have frequently occa-
fion to converfe together , and to communicatetheir
fentiments upon every fubjeCt of importance. Their

228 T H E O R I G I N
attention therefore is routed by every inftance of
oppreflion in the government; and as they eafily
take the alarm , fo they • are capable of quickly
uniting their forces in order to demand redrefs of
their grievances. By repeated experiments they
become fenfible of their ftrength , and are enabled
by degrees to enlarge their privileges , and to
affume a greater Share of the public adminif-
tration. In large and extenfive nations * the ftruggles
between the fovereign and his people are , on the
contrary , more likely to terminate in favor of
defpotifm. In a wide country, the encroachments
of the government are frequently over-looked ; and,
even when the indignation of the people has been
roufed by flagrant injuflice, they find it difficult
to combine in uniform and vigorous meafures for
the defence of their rights. It is alfo difficult, in
a great nation , to bring out the militia with that
quicknefs which is requifite in cafe of a fudden
invafion ; and it becomes neceffary , even before
the country has been much civilized , to maintain
fuch a body of mercenaries as is capable of fiip-
porting the regal authority.
It is farther to be confidered that the revenue
of the monarch is commonly a more powerful
engine of authority in a great nation than in a
fmall one. The influence of a fovereign feems to
depend , not fo much upon his abfofute wealth *
as upon the proportion which it bears to that of
the other members of the community. So far as
the eftate of the king does not exceed that of

O F R A N K S. 529
the richeft of his fubjeCls , it is no more than fuf-
ficient to fupply the ordinary expenfe of living,
in a manner fuitable to the fplendor and dignity,
of the crown ; and it is only the furplus of that
eftate which can be directly applied to the pur
pofes of creating dependence. In this view the
public revenue of the king will be productive of
greater influence according to the extent and popu-
loufnefs of the country in which it is raifed. Sup-
pofe in a country , like that of ancient Attica ,
containing about twenty thoufand inhabitants , the
people were , by affeffment or otherwife , to pay
at the rate of twenty fliillings each perfon , this
would produce only twenty thoufand pounds ; a
revenue that would probably not exalt the chief
magiftrate above many private citizens. But in a
kingdom , containing ten millions of people , the
taxes , being paid in the fame proportion , would
in all probability render the eftate of the monarch
fuperior to the united wealth of many hundreds
of the moft opulent individuals. In thefe two
cafes therefore, the difproportion of the armies
maintained in each kingdom fliould b^ greater than
that of their refpeClive revenues ; and if in the
one, the king was enabled to maintain two hun
dred and fifty thoufand men , he Would , in the
other , be incapable of fupporting the expenfe of
five hundred. It is obvious, however, that even
$ve hundred regular and well disciplined troops
will not ftrike the fame terror into twenty thou
fand people, that will be created , by an army of
Q 3

9'3o T H E O R I G I N
two hundred and fifty thoufand , over a nation
compofed often millions,
Moft of the ancient republics , with which we
are acquainted, appeaj to have owed their liberty
to the narrownefs of their territories. From the
fmall number of people , and from the clofe inter
courfe among all the individuals in the fame com
munity, they imbibed a fpirit of freedom even
before they had made confiderable progrefs in
arts ; and they found means to reprefs or abolifh
the power of their petty princes , before their
effeminacy or induftry had introduced the praCtice
of maintaining mercenary troops.
The fame obfervation is applicable to the mo
dern ftates of Italy , who , after the decay of the
weflern empire , began to flourifh in trade , and
among whom , a republican form of government
was eariy eftablifhed.
In France, on the other hand , the introduction
of a great mercenary army , during the adminit-
tration of Cardinal Richelieu , which was necef
fary tor the defence of the country, enabled the
monarch to eftablifli a defpotical power. In the
beginning of the reign of Lewis XIII. was called
the laft convention of the ftates general which
has ever been held in that country : and the mon
arch has , from that period , been accuftomed to
exercife aimoft all the different powers of govern
ment. Similar effects have arifen from the efta-
blifhment of Handing forces in moft of the great
kingdoms of Europe,

O F R A N K S. S3i
The fortunate fituation of Great Britain , after
the acceffion of James I. gave her little to fear
from any foreign invafion , and fuperfeded the
neceffity of maintaining a ftanding army , when
the Service of the feudal militia had gone into
difufe. The weaknefs and bigotry of her monarchs,
at that period , prevented them from employing
the only expedient capable of fecuring an, abfolute
authority , Charles I faw the power exercifed ,
about this time, by the other princes of Europe;
but he did not difcover the means by which it was
obtained. He feems to have been fo much
convinced of his divine indefeafible right as* at
firft , to think that no force was neceffary, and
afterwards, that every fort of duplicity was excufe-
able , in fupport of it. When at the point of
a rupture with his parliament , he had no military
force upon which he could depend; and he was
therefore obliged to yield to the growing power
of the commons.
The boldnefs and dexterity , joined to the
want of public fpirit, and the perfidy of Oliver
Cromwell , rendered abortive the meafures of
that party , of which he obtained the direction ;
but the blood that had been flied, and the re
peated efforts that were made by the people
in defence of their privileges , cherifhed and
fpread the love of liberty, and at laft produced
a popular government , after the beft model ,
perhaps , which is practicable in an extenfive
country.

23s THE ORIGIN
Many writers appear to take pleafure in
remarking that , as the love of liberty is natural to
man , it is to be found in the greateft perfection
among barbarians * and is apt to be impaired
according as people make progrefs in civilization
and in the arts of life. That mankind, in the
ftate of mere favages , are in a great meafure unac
quainted with government , and unaccuftomed to
any fort of conftraint , is fufficiently evident. But
their independence , in that cafe , is owing to the
wretchednefs of their circumfiances * which afford
nothing that can tempt any one man to become
fubjeCt to another. The moment they have
quitted this primitive fituation , and , by endea
vouring to fupply their natural wants , have been
led to accumulate property, they are prefented
with very different motives of action , and acquire
a new Set of habits and principles. In thofe rude
ages when the inhabitants of the earth are divided
into tribes of Shepherds , or of hufbandmen , the
ufual distribution of property renders the bulk
of the people dependent upon a few chiefs , to
whom fidelity and fubmiflion becomes the principal
point of honor, and makes a diftinguifhing part
of the national character. The ancient Germans, '
whofe high notions of freedom have been the
fubjeCt of many a well-turned period , were ac
cuftomed , as we learn from Tacitus , to Stake
their perfons upon the iffue of a game of hazard,
and after an unlucky turn of fortune, to yield
themfelves up to a voluntary Servitude. Wherever

O F R A N K S. $33
men of inferior condition are enabled to live in
affluence by their own induftry, and, in pro
curing their livelihood , have little occafion to
court the favor of their fuperiors, there we may
expect that ideas of liberty will be univerfally
diffufed. This happy arrangement of things is
naturally produced by commerce and manu
factures ; but it would be as vain to look for it
in the uncultivated parts of the world , as to
look- for the independent fpirit of an Englflh
waggoner , among perfons of low rank in the
highlands of Scotland.

534 THE ORIGIN
CHAP. VI.
The authority of a Mafter over his Servants.
SECTION I.
The condition of Servants in the primitive ages of
the world.

N the foregoing chapters \vk have furveyed the
principal diftinCtions of rank which occur among
the free inhabitants of a country, and have en
deavoured to mark the progrefs of fociety , with
regard to the power of the hufband , the father,
and the civil magiftrate. It may now be proper
to confider the ftate of the fervants , and to ob-
ferve the degrees of authority which the laws and
cuftoms of different nations have beftowed upon
the mafter.
From the fituation of mankind in rude and bar
barous countries , we may eafily conceive in what
manner any one perfon is , at firft , reduced to
be the fervant of another. Before the manners of
men are civilized , and a regular government has
been eftablifhed, perSons of fmall fortune are fubjeCt
to great inconveniencies from the diforder and vio
lence of the times , and are frequently obliged to
folicit the affiftance and protection of fome power
ful neighbour, by whom they are entertained in
the ftation of vaffals or military dependents. But
thofe who , from their idlenefs , have acquired
nothing, or who, by accident, have been deprived

O F R A N K S. a35
of their poffeflions, are neceffarily expofed to muqh
more fevere calamities. They have no room or en
couragement for the exercife of thofe beneficial tra
des and profeffions, the effeCts of luxury and refine
ment, by which, in a polifhed nation, a multitude
of people are enabled to live in a comfortable man
ner. In many cafes, therefore, they are under the
neceffity of ferving fome opulent perfon, who Upon
account of their labor , is willing to maintain
them ; and as they are entirely dependent upon
him for their fubfiftence, they are engaged , ac
cording to his circumfiances , and according to the
qualifications they poffefs , in all the mean and
Servile occupations which may be requifite for the
convenience and fupport of his family.
In early ages , when neighbouring tribes' or na
tions are aimoft continually engaged in mutual
hoftilities , it frequently happens that one of the
parties is totally reduced , under the power of
another. The ufe that is made of a victory, upon
thefe occafions, is fuch as might be expected from
a fierce and barbarous people , who have too little
experience or reflection to difcover the utility of
carrying on the trade of war with fome degree
of humanity. The vanquished are often put to
death , in order tO/grat4fy a fpirit of revenge; or,
if they are fpared , it is only from the confidera
tion that their future labor and fervice will be of
more advantage to the conqueror. As in thofe
times every individual goes out to battle at his
own charges, fo he claims a proportional Share
of the profits arifing from the expedition ; and

236 T H E O R I G I N
of confequence obtains the abfolute difpofal of
the captives whom he has procured by his valor ,
or who , in a divifion of the booty , are bellowed
upon him as the reward of his merit.
This ancient acquifition of fervants by captivity
gave rife , in fubfequent periods, to another method
of acquiring them , by the fentence of a judge.
In the primitive ftate of fociety , the public was
not invefted with fufficient power to punifh
the crimes that were committed ; and when a
difference arofe between individuals , the injured
party had frequently no other way of procuring
redrefs than by making war upon the offender,
and reducing him into captivity. ^ In more civili
zed ages, when the magiftrate was enabled to re-
ftrain thefe diforders, he fometimes afforded the
fame redrefs by his own authority , and afligned
the labor and fervice of the criminal as an in
demnification to the fufferer for the lofs he had
fuftained. By thefe three methods, by captivity , by the
voluntary fubmiflion of the indigent , or by the.
fentence of a judge, many are reduced into a
ftate of unlimited fubjeCtion , and become the fer
vants of thofe who are opulent and profperouss
It may be queftioned , in fuch a cafe , how far a
perfon is entitled to make ufe of that power which
fortune has put into his hands. It is difficult to
afcertain the degree of authority which , from the
principles of juftice and humanity, we are, in
any fituation * permitted to affume over our fel
low-creatures. But the faCt admits of no queftion ,

O F R AN K S. 237
that people have commonly been difpofed to ufe
their power in fuch a manner as appears moft con
ducive to their intereft, and moft agreeable to their
predominant paffions. It is natural to fuppofe that
the mafter would fet no bounds to his prerogative
over thofe unhappy perfons who, from their cir
cumfiances , were under the neceflity of yielding
an implicit obedience to his commands. He forced
them to labor as much , and gave them as little
in return for it as poflible. When he found them
negligent of their employment , he beftowed upon
them fuch correction as he thought proper ; and ,
actuated by the boifterous difpofitions of a favage,
he was in fome cafes provoked to chaftife them
with a degree of feverity , by which they might
even be deprived of their life. When he had no
ufe for their work , or when a good opportunity
was prefented , he endeavoured by a fale to dif-
pofe of them to the higheft advantage. When he
chofe to increafe the number of his fervants , he
fometimes encouraged and directed their multipli
cation ; and the fame authority which he exercifed
over the parents was .extended to their offspring,
whom he had been at the trouble of rearing, and
who were equally dependent upon him for their
fubfiftence. To be a Servant, therefore, in thofe primitive
times , was aimoft univerfally the fame thing as
to be a Have. The mafter affirmed an unlimited
jurifdiClion over his fervants, and the privilege
of felling them at pleafure. He gave them no
wages befide their maintenance; and he allowed

238 THE ORIGIN
them to have no property , but claimed to his
own ufe whatever, by their labor or by any other
means , they happened to acquire.
Thus the practice of domeftic flavery appears
to have been early eftablifhed among the nations
of antiquity; among the Egyptians, the Phoeni
cians , the Jews , the Babylonians , the Perfians *
the Greeks, and the Romans.
The fame praCtice obtains at prefent among all
thofe tribes of barbarians , in different parts of the
world, with which we have any correfpondence.
There are indeed but few flaves among the
greater part of the favages of America; becaufe,
from the fituation of that people , they have no
opportunity of accumulating wealth for maintain
ing any number of fervants. As , in ordinary
cafes , they find it burdenfome to give fubfiftence
to an enemy whom they have iubdued , they
are accuftomed to indulge their natural ferocity
by putting him to death , even in cold blood.
If ever they behave with humanity to their
captives, it is only when being greatly reduced
by the calamities of war , or by uncommon
accidents , they are under the immediate neceffity
of recruiting their ftrength ; and as this rarely
happens , the perfons whofe lives have been
thus preferved , are not distinguished from the
children of the family inttvwhich they are brought,
but are formally adopted into the place of the decea
sed relations, whoSe loSs they are intended to Supply*.
Thefe captives are worfe treated by fome of the

O F R A N K S. 23g
The Tartars, on the other hand, who have
great poffelfions in herds and flocks , find no
difficulty in Supporting a number of domeftics.
For this reafon they commonly preferve their
captives,' with a view of reaping the benefit that
may arife from their labor ; and the fervitude
eftablifhed among that people difpofes them to
treat their enemies with a degree of moderation ,
which otherwife could hardly be expeCted from
their fierce and barbarous difpofitions '.
The fame obfervation may be extended to the
negroes upon the coaft of Guinea, who, from
their intercourfe with the nations of Europe,
derive yet greater advantages from fparing the
lives of their enemies. At the fame time it cannot
be doubted , that , as the encounters of thofe
barbarians have upon this account become lefs
bloody , their wars have been rendered more
frequent. From the great demand for flaves to
Supply the European market, they have the Same
motives to feize the perfon of their neighbours,
which may excite the inhabitants of other coun
tries to rob one another of their property *.
American nations than by others ; but in faft they are always
retained in the condition of flaves. See Lafitau , Moeurs des
Sauvages Ameriquains, 4to. torn. 2. p. 308.
See the accounts which are given of the conquefts made
by Genghizkhan. Hiftoire generale des voyages, torn. 9.
liv. i- chap. 3. § 11.
1 Hiftoire -generale des voyages , torn. 3 , 4 , 5 .

ao4 T H E O R I G I N
SECTION It
The ufual effects of opulence and civilized manners ,
with regard to the treatment of Servants. '
J. HESE inftitutions and cuftoms are fuch as
might be "expeCted from the limited experience ,
as well as from the rude manners of an early age..
By reducing his fervants into a ftate of flavery ,
the mafter appears, at firft fight, to reap the high-
eft advantage from their future labor and fervice.
But when a people become civilized , and when
they have made considerable progrefs in commerce
and manufactures, one would imagine they fliould
entertain more liberal views , and be influenced
by more extenfive considerations of utility.
A Slave* who receives no wages in return for
his labor , can never be fuppofed to exert much .
vigor or activity in the exercife of any employ-
me;n*. He obtains a livelihood at any rate ; and
by his utmoft affiduity he is able to procure no
more. As he works merely in confequence of the
terror in which he is held , it may be imagined
that he will be idle as often as he can with impunity.
This circumftance may eafily be overlooked in a
country where the inhabitants are Strangers to im
provement. But when the arts begin to flourifli,
when the wonderful effeCts of induftry and Skill
m cheapening commodities, and in bringing them
to perfection , become more and more confpicu-
ous , it muft be evident that little profit can be
drawn

O F R A N K S. 241
drawn from the labor of a flave , who has neither
been encouraged to acquire that dexterity, nor
thofe habits of application , which are eflentially
requifite in the finer and more difficult branches
of manufacture.
This may be illuftrated from the price of labor
in our Weft-India iflands , were it will not be
doubted that the inhabitants are at great pains to
prevent the idlenefs of their flaves. In Jamaica,
the yearly labor of a field-negro , when he is
upheld to the mafter , is rated at no more than
nine pounds, currency of that ifland. When a
negro has been inftruCted in the trade of a car
penter , the value of his yearly labor will amount
at the utmoft to thirty-fix pounds 5 whereas a free
man is capable of earning feventy pOunds yearly
in the very fame employment '.
In North America , where flaves are faid tto be much
better treated than in the Weft-India iflands, it is believed,
the expenfe of a negro-flave , for common labor, is not
much inferior to that of a free laborer. In the Jcrfeys ,
and in New. York , the expenfe of a negro-flave may be
ftated as follows.
The original price , about 100 I. cur
rency , for which double intereft allowed ,
at 7 per cent. L. 14
Yearly expsnfe of clothing - 6
For medicine1; , &c. * •» 3
For maintenance - - - 1 S
In all £.38 year'y.
A fres Isborer , in thofe provinces , when hired by the
year^ receives from 24/. to 30/. yearly; to which may
be added 15 /. for maintenance. And in balancing
R

242 THE ORIGIN
It is further to be obferved , that , in a poliflied
nation , the acquifition of flaves is commonly
much more expenfive than among a Simple and
barbarous people.
After a regular government has been eftablifhed,
the inhabitants of a country are reftrained from
plundering one another; and, under the authority
of the magiftrate , individuals of the lowefl rank
are Sufficiently fecured from oppreffion and in-
juftice. In proportion to the improvement of
commerce and manufactures , the demand for
labor is increafed, and greater encouragement is
given to induftry. The poor have more refources
for procuring a livelihood, by fuch employments
as are productive of little fubjeCtion'or dependence.
By degrees , therefore , people of inferior condi
tion are freed from the necelfity of becoming
flaves in order to obtain fubfiftence; and the an
cient agreement by which a free peiSon refigned
his liberty , and was reduced under the power of
a .matter, being rendered more and more unufual,
is at length regarded as inconfiftent with the
natural rights of a citizen.
Thus among the Romans, during the common
wealth, and even under the emperors, no free
citizen was allowed , by contraCt , to become the
Slave of another \ It was conSiftent with the
this account we muft take in the rifk that the negro ,
when purchafed, may not be fit for th; puipofe, and
that his labor may be of little value.
1 See Hein. Ant. Rom. lib. i. tit. ;. $ (. This
reguladon , however, admitted of An exception, where a

OF RANKS. C43
refined laws of that people, which refcinded thofe
unequal contracts where one party had gained an
undue advantage , or even obtained an unreafon-
able profit at the expenfe of the other, to declare
that a bargain by which a man furrendered*all
his rights to a mafter , and confequently received
nothing in return , Should have no Support or en
couragement from the civil magiftrate.
As men begin to experience the happy effeCts
of cultivating the arts of peace , and are lefs
frequently employed in aCls of hoftility , they
have lefs occafion to acquire any number of
flaves by captivity. The influence of civilization
upon the temper and difpofitions of a people has
at the fame time a tendency to produce a total
revolution in the manner of conducting their mili
tary operations. Thatancient inftitution, by which
every one who is able to bear arms is required^to
appear in the field at his own charges , becomes
too heavy a burden upon thofe who are enervated
with pleaSure , or engaged' in lucrative profeffions;
and the cuftom of employing mercenary troops in
defence of the country is therefore gradually
eftablifhed. As an army of this kind is main
tained by the government ; as the foldiers re
ceive conftant pay, which is underftood to be
a full equivalent for their fervice; they appear
man fraudulently Suffered himfelf to be fold in order to
Share in the prtee ; in which cafe he became the flavs of
the perfon whom he had defrauded. L. 3. Dig. quib, ad
libert. proclaim non licet.
R 2

244

THE ORIGIN

to have no title to the extraordinary emoluments
arifing from the fpoil of the enemy ; and therefore
the captives, though reduced into fervitude, are
no longer held as belonging to thofe particular
perfons by whom they have been fubdued, but
to the public , at whofe expenSe and hazard the
war is Supported '.
We may take notice of a Similar change in the
acquisition of flaves by the Sentence of a judge,
In rude times , the chief aim of punifhment was
to gratify the refentment of the private party;
and if a perfon accufed of a crime had been found
guilty, he was, for that reafon, frequently deliver
ed up as a Slave to the plaintiff. But upon greater
improvement of manners, the interpofitions of the
magiftrate came to be influenced more by confi-
derations of general utility ; and as the crimes of
individuals were principally confidered in the light
of offences againft the fociety , it was agreeable to
this idea that a criminal fliould become the flave of
the public, and fliould either be employed in public
works , or difpofed of in the manner moft advan
tageous to the revenue of the community.
The inhabitants of a civilized country, being
thus in a great meafure deprived of the primitive
modes of acquisition, are obliged to acquire the
bulk of their flaves, either by a purchafe from
It is accordingly held , in the later Roman law, that
a foldier is entitled to no part of the plunder acquired in
war, unlefs from the fpecial donation of the emperor. L.
ac. I i. Dig. de capt. et poftl. 1. 36. § 1. de donat.

O F R A N K S. 245
their poorer and more barbarous neighbours,
or by propagating and rearing from the original
flock which they poffefs. In fuch a fituation,
therefore , when we compute the expenfe atten
ding the labor of a flave , not only the charge of
his maintenance , but alfo the money laid out in
the firft acquisition, together with all the hazard to
which his life is expofed , muft neceflarily be taken
into the account.
When thefe circumfiances are duly confidered ,
it will be found that the work of a flave, who
receives nothing but a bare fubfiftence, is really
dearer than that of a free man , to whom conftant
wages are given in proportion to his induftry.
Unhappily , men have feldom been in a con
dition to examine this point with proper attention,
and with fufficient impartiality. The praCtice of
flavery being introduced in an early age , is after
wards regarded with that blind prepoffeffion which
is commonly acquired in favor of ancient ufages :
its inconveniences are overlooked , and every inno
vation , with refpeCt to it* is confidered as a dan* '
gerous meafure. The poffeffion of power is too
agreeable to be eafily relinquished. Few people
will venture upon a new experiment ; and ,
aipidft the general prejudices of a country , fewer
ftill are capable of making it with fairnefs. We
find , accordingly , that this inftitution , however
inconfiftent with the rights of humanity , how
ever pernicious and contrary to the true intereft
of the mafter, has generally remained in thofe
R 3

246 T H E O R I G I N
countries where it was once eftablifhed , and has
been handed down from one generation to in-
other , during all the fucceflive improvements of
fociety , in knowledge , arts , and manufactures.
The advancement of a nation, in thefe par
ticulars , is even frequently attended with greater
feverity in the treatment of the flaves. The fim-
plicity of early ages admits of little diftinCtion
between the mafter and his fervants , in their
employments or manner of living ; and though,
from the impetuofity and violence of his temper,
they may, on fome occafions , be Subjected to
hardships , he enjoys no great Superiority over
them, in their dreSs , their lodging, or ordinary
entertainment. By the introduction of wealth and
luxury, this equality is gradually deftroyed. The
various refinements which tend to multiply the
comforts and conveniences of life; whatever con
tributes to eafe , to pleafure , to oftentation , or
to amufement , is in a great meafure appropriated
to the rich and the free, while thofe who remain
in a State of fervitude are retained in their pri
mitive indigence. The flaves are no longer accuf
tomed to fit at the fame table with their mafter.
They muft look upon him as a being of a Super
ior order* whom they are Seldom permitted to
approach , and with whom they have hardly ahy
thing in common ; who beholds with indifference
the toil and drudgery to which they are SubjeCted,
and from whom they can with difficulty procure a
Scanty fubfiftence.

. O F R A N K S. 24?
" Ipi'e dominus dives operis , et laboris expers,
ct Quodcumque homini accidit libere , pofle retur :
" Acquom efTe putat : non reputat laboris quid fit :
" Nee , acquom anne iniquom imperet , cogitabit *. '*
What a painful and humbling comparifon ,
what mortifying reflections does this afford to
thofe wretches who are reduced into a ftate of
bondage ! reflections which cannot fail to four
their temper , to infpire them With malevolent
difpofitions , and to produce an untoward and
ftubborn behaviour ; for it is impoflible that man ,
by any fyftem of management , fliould be fo inured
to oppreffion as , like a beaft of burden , to
fubmit entirely to the yoke * and not , on fome
occafions , to feel and teftify refentment againft
the oppreffor. A more fevere difcipline is thus
rendered neceffary , to conquer the obftinacy of
perfons, unwilling to labor in their employments.
Befides ; from the number of flaves which are
ufually maintained in a wealthy and luxurious
nation , they become formidable to the ftate ; and
it is requifite that they fliould be ftriCtly watched,
and kept in the utmoft fubjeCtion , in order to
prevent thofe defperate attempts to which they
are frequently inftigated in revenge of theii:
Sufferings. This is at leaft the pretence for that
Shocking barbarity to which the negroes in our
colonies are frequently expofed , and which is
exhibited even by perfons of the weaker fex, in an
age diftinguifhed for humanity and politeneSs.
* Plaut. Amphitr.
R 4

248 THE. ORIGIN
The prodigious wealth acquired by the Ro
mans towards the end of the commonwealth,
and after the eftablifhment of defpotifm , gave
rife to a degree of cruelty and oppreffion , in the
management of their flaves , which had been
unknown in former times.
• — " Hie frangit ferulas , rubet ille flagello ,
w Hie fcutica : funt qua; tortoribus annua prasftant,
ft Verberat , atque obiter faciem link, audit arnicas,
cc Aut latum pictae veftis confident aurum ,
w Et caedit, donee laflis ctedentibus , exi
" Intonet horrendum, jam cognitione peracfta:
<c Prsefeiftura domus Sicula non minor aula '. "
It was to be expected , however, that particular
enormities of this kind would at length excite the
attention of the public , and would be in fome
meafure reftrained by the gradual progrefs of
government. Although the inftitution of flavery
¦was permitted to remain , regulations came to
be made , by which the mafter was prevented from
fuch wanton exercife of his power as muft have been
highly prejudicial to hisintereft, and could only be
regarded as an abfurd abufe. oS his property.
In the JewiSh law, we meet with Some re
gulations for this purpofe at an . early period.
Juven. Sat. 6.
Vedius Pollio , a Roman citizen , is faid to have fed the
fifties in his fifh-ponds with the flefh of his own flaves/
Donat. ad Terentii Phorm. act. 2, fcen. 1.
"With regard to the treatment of the Roman flaves , fee Mr.
Hume's learned effay on the populoufnefs of ancient nations.

©FRANKS. 24g
" If a man Smite his Servant, or his maid,
" with a rod ; and he die under his hand , he
" Shall Surely be punifhed.
" Notwithstanding , if he continue a day or two,
" he Shall not be punifhed : for he is his money.
" And if a man fmite the eye bf his fervant ,
ct or the eye of his maid, that it perifh; he Shall
" let him go free for his eye's fake.
" And if he fmite out his man - fervant's tooth,
" or his maid -Servant's tooth; he Shall let him
" go free for this tooth's fake ". "
At Athens , the flaves who had been barba-
roufly treated by their mafter were allowed to
fly for fanCtuary to the temple of Thefeus , and
to commence a Suit at law againft -their matter ,'
who , if their complaint appeared well founded *
was laid under the neceffity of felling them7.
Various equitable laws, Upon this fubjeCt , were
made by the Roman emperors. At Rome , the
abfolute power of the mafter was firft fubjeCted to
any limitation in the reign of Auguftus , who ap
pointed that the Pr&feClus urbis fliould afford redrefs
to fuch of the flaves as had been treated with
immoderate Severity, In the reign of the emperor
Claudius, it was enaCted, that if a mafter abandoned
Exodus , chap. xxi. ver. 20, 21. 26, 27. It has been
a queftion whether the laft quoted laws , in ver. 26 and 27 ,
related to the flaves acquired from foreign nations, or only to
fuch of the Ifraelites as had been reduced into a ftate of Ser
vitude. Grotius is of the latter opinion. Vide Grot. com. ad
cit. cap.
'¦ See Potter's antiquities of Greece , book 2. chap. io.

a5o THE ORIGIN
the care of his flaves during their ficknefs, fie
Should forfeit the property of them ; and that if
he put them to death , he Should be held guilty
of homicide. Soon after, the inhuman praCtice
of obliging the flaves to fight with wild bealts ,
which was carried to a prodigious height, which
appears to have afforded a favorite entertainment
to men of all ranks, was in fome meafure re-
ilrained. Other ftatutes were afterwards made;
in the reigns of Adrian , of Antoninus Pius , and
of Conftantine, by which it was finally eftablifhed,
that the mafter who killed his own flave, by de-
fign, and not from the accidental excefs- of chaf-
tifement , fliould Suffer the ordinary punifliment
of murder *.

Vide Hein. antiq. Rom. lib. i. tit. 8-

O F R A N K S. 25i
S E C T I O N III.
Caufes of the freedom acquired by the laboring
people in the modern nations of Europe.
JL> Y what happy concurrence of events has the
praCtice of Slavery been So generally aboliflied in
Europe ? By what powerful motives were our
forefathers induced to deyiate from the maxims
of other nations , and to abandon a cuftom fo
generally retained in other parts of the world ?
The northern barbarians , who laid the founda
tion of the prefent European ftates , are faid to
have poffeffed a number of flaves , obtained either
by captivity or by voluntary fubmiflion, and
over whom the mafter enjoyed an unlimited
authority *.
1 The following account is given by Tacitus , concerning
the ftate of the flaves among the ancient Germans , " Aleam, *'
fays he , fpeaking of that people , " fobrii inter feria exercentj
" tanta lucrandi perdendique temeritate, ut cum omnia defe-
" cerunt , extremo ac noviflimojaftu, de libertate, & de cor.
" pore conteridant. Vidtus voluntariam fervitutem adit.
" Quamvis junior , quamvis robuftior, alligare fe ac venire
*c patitur; ea eft in reprava pervicacia : ipfi fidem vocant :
" fervos conditionis hujus per commercia tradunt, ut fe
" quoque p.udore vi&oriae exfolvant.
" Ceteris fervis , non in noftrum morem defcriptis per fa-
" miliam minifteriis, utuntur. Suam quifque fedem, fuospe.
" nates regit, Frumenti modum dominus, utcolono injungit:
<c & fervus hadtenus paret. Cetera domus officia , uxor ac li-
w beri exfequuntur. Verberare fervum , a"c vinculis & opere
K coercere rarum. Occidere Solent, non difciplina & ftveri-

252. T H E O R I G I N
When theSe nations invaded the Roman empire,
and fettled in the different provinces , they were
enabled by their repeated victories to procure an
immenSe number of captives , whom they reduced
into Servitude, and by whoSe affiftance they oc
cupied landed eftates ot proportionable extent.
From the Simple manner oS living to which thoSe
barbarians had been accuftomed, their domeftic
bufineSs was ufually performed by the members
of each family; and tb.ir fervants* for the moft
part, were employed in cultivating their lands.
It appears that , upon the fettlement of thefe
invaders in the Roman empire, no immediate
change was produced in their notions with refpeCt
to Slavery, and that the flaves which they gradually
acquired by the fuccefs of their arms were , at
firft, in the fame condition with thofe which they
had anciently pofleffed. The mafter exercifed an
unlimited power of chaftifing them , and might
even put them to death with impunity. They
were liable to be alienated , or impledged by the
mafter at pleafure, and were, incapable, either of
marrying , or of entering into any other contract,,
without his confent. , They were fo much his
property , that he might claim them from every
poffeffor, by the ordinary aCtion which was given
for the recovery of his goods, and in confequence
of this , it was held they could have no civil
rights; fo that whatever was acquired by their
et tate, fed impetu & ira , ut inimicum, nifi qaod impune. "
Tacit, de mor. German. § 24, 2$.

O F R A N K S. a53
labor belonged to the mafter , from whom they
ufually received nothing but a precarious fub-
fiftence. In a public capacity , the people of this
clafs were viewed in a light no Jefs humiliating ;
they enjoyed none of the privileges of a citizen,
and were feldom permitted to give evidence againft
a free man in a court, of juftice1.
The fituation , however , of thefe bond-men ,
and the nature of the employment in which they
were ufually engaged , had a tendency to procure
them a variety of privileges from their mafter , by
which, in a courfe of ages., their condition was
rendered more comfortable, and they were ad
vanced to higher degrees of confideration and
rank. As the peafants belonging to a fingle perfon
could not be conveniently maintained in his houfe*
fo in order to cultivate his lands to advantage ,
it was neceffary that they Should be fent to a dift
ance , and have a fixed refidence in different parts
of his eftate. Separate habitations were therefore
affigned them , and particular farms were com
mitted to the care of individuals , who from their
rending in the neighbourhood of one another ,
and forming fmall villages or hamlets, received
the appellation of u villains.
It may eafily be imagined that, in thofe cir
cumfiances , the proprietor of a large eftate could
not overfee the behaviour of his fervants, living
in feparate families , and fcattered over the wide
* Potgieflerus de ftatu fervorum, lib. 2. cap. 1. 3,4,?.
9. Ibid. cap. 10. § 3. 7, g. Jbid. lib. 3. § 1. 3.

254 THE ORIGIN
extent of his demefnes; and it was in vain to
think of compelling them to labor by endeavouring
to chaftife them upon account of their idlenefs. A
very little experience would Show that no efforts
of that kind could be effectual ; and that the
only means of exciting the induftry of the pea-
fants would be to offer them a reward for the
work which they performed. Thus , befide the
ordinary maintenance allotted to the flaves , they
frequently obtained a fmall gratuity , which , by
cuftom , was gradually converted into a regu
lar hire; and, being allowed the enjoyment
and difpofal of that fubjeCt, they were at length
underftood to be capable of having feparate pro
perty. After the mafter came to refide at a diftance
from the bulk of his fervants , and had embraced
the falutary policy of bribing them, inftead of
ufing compulfion , in order to render them active
in their employment, he was lefs apt to be pro
voked by their negligence; and as he had Seldom
occafion to treat them with Severity, the ancient
dominion which he exerciSed over their lives was
at length entirely loft by difufe.
When a flave had been for a long time en
gaged in a particular farm , and had become ac
quainted with that particular culture which it re
quired , he was fo much the better qualified to
continue in the management of it for the future;
and it was contrary to the intereft of the mafter
that he fliould be removed to another place , or
employed in labor of a different kind. By degrees,

O F R A N K S. 255
therefore, the peafants were regarded as belonging
to the flock upon the ground* and came to be
uniformly difpoled of as a part of the eftate which
they had been accuftomed to cultivate.
As thefe changes were gradual , it is difficult to
afcertain the precife period at which they were
completed. The continual disorders which pre
vailed in the weftern part of Europe , for ages
after it was firft over-run by the German nations,
prevented for a long time the progrefs of arts
among the new inhabitants. It was about the
twelfth century that a fpirit of improvement, in
feveral European countries , became fomewhat
confpicuous ; and it may be confidered as a mark
of that improvement , with refpeCt to agriculture,
that about this time, the villains had obtained con-
fiderable privileges ; that the matter's power over
their life was then underftood to be extinguished;
that the chaftifement to which they had been for
merly fubjeCted was become more moderate ; and
that they were generally permitted to acquire
feparate property '.
The effect of the foregoing circumfiances is
even obfervable in the hiftory of the Greeks and
' Potgiefferus deftatu ferv. lib. 2. cap. 1. § 24. A Singular
proof of the moderation of the mafters in correding their
flakes , about this period, is mentioned by the fame author ,
as fol.ows :
" Quae tamen coercitio aliquando eo modo emollita fuit,
" ut fervi non nifi fuftibus craifiuem et latitudimm unius
" veru adxquantibus coercerentur, ficuti in codice membr?-
" naceo Werdinenfi vetufto me obfervaffe reminifcor. " Ibid.

256 THE ORIGIN
Romans, among whom the peafants were raiferl
to a better condition than the reft of their flaves.
They were indeed bound to ferve the proprietor
during life , and might have been fold along with
the ground upon which they were employed;
but their perfons were not fubjeCt to the abfolute
jurisdiction oS their mafter ; they had the privilege
of marrying without his confent ; they received
wages in return for their labor, and were under
stood to have a full right of property in whatever
goods their induftry had enabled them to ac
cumulate 4.
It fliould Seem , however , that the limited ter
ritory poffeffed by theSe ancient nations prevented
the farther extenfion of the privileges bellowed
upon their peafants : feven acres were originally
the utmoft extent of landed property Which a
Roman citizen was permitted to enjoy ; a portion
which he was able to cultivate with his own hands,
or with no other affiftance but that of his own
family ; and there is reafon to believe that , for
feveral centuries, no individual acquired fuch an
eftate as gave occafion.to his retaining many Ser
vants for the management of it , or could render
the infpeCtion and government of thofe whom he
employed a matter of great trouble or difficulty s.
* Vide Hein. antiq. Rom. lib. i. tit. 3. § 8- — Sun.
cod. de colon. Thrac. 1. 21. cod. de agric. & cenfic.
novel. 162. cap. 3.
5 See Dr. "Walace, on the numbers of mankind. But

O F R A N K S. 257
But after the wide and populous countries under
the Roman dominion were Subdued artd laid Wafte
by the frnall tribes of the Germans* very extenfive
landed eftates , together with art adequate number
of flaves, were immediately acquired by particular
perfons. As the people retained their primitive
Simplicity of manners, and were in a great meafure
ftrangers to commerce, thefe large poffeffions re
mained for ages without being difmembered. And
thus, during all the fuccefliVe improvements of
agriculture , the proprietor of an eftate , embar-
raffed with the multitude of his villains , was ob
liged to repofe a confidence in them , and came
by degrees to difcover more clearly the Utility of
exciting them to induftry by the profpeCt of theit
own private advantage.
The fame motives* by Which the mafter was in1*
duced to reward his flaves for their labor, deter
mined him afterwards to increafe his bounty in
proportion to the work which they performed.
Having no opportunity of looking narrowly into
their management, he was commonly led to eftimate
their diligence according to their fuccefs, and there
fore, when they brought him a good Crop, he
made art addition to their Wages , at the fame time
that he allowed them to expeCt a fuitable compensa
tion for their future labor and economy. This at
length gave rife to an exprefs ftipulation , that their
profits fliould depend upon the fertility of their
different farms, and that, in all Cafes, they fliould
be permitted to retain a certain Share of the
produce, in confideration of their labor. S

258 T H E O R I G I N
An expedient fo obvious and well calculated for
promoting the induftry of the peafants , could
hardly fail to be generally embraced in all the
countries of Europe , as foon as the inhabitants
became attentive to the improvement of their eftates.
The remains of this praCtice are ftill to be found
in Scotland , where , in fome cafes , the landlord
is accuftomed to flock the farm , and the tenant
pays him a rent in kind , confifting of a certain
proportion of the fruits '.
By this alteration, the villains entered into a
fort of copartnerfhip with their mafter; and having
always a profpeCt of "gain , according to the vigor
or talents which they exerted, they were enabled
to earn a more comfortable fubfiftence, and were
even gradually raifed to affluence. The acqui
sition of wealth paved the way to a farther exten
sion of their privileges. Thofe who had obtained
Something considerable found themfelves in a con
dition to flock their own farms, and to offer a
fixed rent to the mafter , upon condition of their
being allowed to retain the furplus for their own
emolument. An agreement of this kind, fo advan
tageous to both parties, was concluded without any
difficulty. As the tenant Secured to himfelf the
whole profit arifing from his induftry , the land
lord was freed from the hazard of accidental
'The ftock which is delivered by the mafter to his
tenant goes under the name of " fteel-bow goods" in
the law of Scotland, At the end of the leafe the tenant
ie bound to reftore the fame in quantity and quality to
the mafter.

OF RANKS. Q5g
loffes, and obtained not only a certain, but
frequently an additional revenue from his lands.
Thus by degrees , the ancient villanage came to
be entirely abolilhed. The peafants , who culti
vated their farms at their own charges * and at
their own hazard* were of courfe emancipated
from the authority of their mafter, and could no
longer be regarded as in the condition of fervants.
Their perfonalfubjection was at an end. It was
of no confequence to the landlord how they con
ducted themfelves ; and, provided they punctually
paid his rent, nothing farther could be required^ of
them. There was no reafon to infill that they
fhould remain in the farm longer than they pleafed ;
for the profits it afforded made them , Commonly ,
not more willing to leave it than the proprietor
was to put them away. When agriculture became
fo beneficial a trade* when the ftate of thofe who
followed that profeffion had been rendered fo com^
fortable, no perfon had any difficulty to procure
a fufficiertt number of tenants to labor his eftate*
It was on the contrary* fometimes difficult for the
farmer to obtain kind Sufficient Sor the exerciSe of
his employment; and, after he had been at pains
to improve the Soil * he was in danger of being
difpoffeffed by the proprietor * before he Was In
demnified for the trouble and expenfe which he
had fuftained. This made it neceffary to ftipulate
that he fliould be allowed to remain for a certain
time in the poffeffion, and gave rife to leafes, for
a term of years , and even fometimes for life , or
S 2

a6o T H E O R I G I N
for ,a longer period , according to the circumfian
ces or inclination of the parties.
The modern nations of Europe continued for
a long time to be aimoft entirely unacquainted
with manufactures ; and , as they had no other
flaves but thofe which were employed in agri
culture, the privileges acquired by the villains
had therefore a tendency to produce a total ex
tinction of lervitude. By degrees, however, as
the people began to improve their circumfiances,
and to multiply the comforts and conveniencies
of life , their attention was more and more
diverted to other employments. At the fame
time that the villains were engaged in cultivating
the ground, they were alfo bound to perform any
other fervices which the mafter thought proper to
require, and were often called to affift him in the
praCtice of thofe few mechanical arts which were
then underftood. Particular perfons acquiring a
Singular dexterity in thefe occupations, were distin
guished upon that account, and came to be more
frequently employed than their neighbours. In
proportion to the liberty which they enjoyed as
peafants, they were enabled with more advan
tage to profecute this collateral bufineSs ; and
while they received a reward for the crop which
they produced upon their farms , they were
not reftrained from working, for hire, in that
peculiar trade or profeffion which they were
qualified to exercife. As the progrefs of lux
ury and refinement multiplied thefe occu
pations , and rendered the profits which they

O F R A N K S. 261
afforded fuperior in many cafes to thofe which
were derived from agriculture, individuals were
gradually led to quit the latter employment,
and to attach themfelves entirely to the former.
In that ftate of the country, the children of far
mers were frequently bred to manufactures ; and
a number of tradefmen and artificers, having arifen
in differentvillages , were advanced to confideration
and efteem, in proportion as their affiftance became
more effentially neceflary in fupplying the wants
of mankind. According to the wealth which this
new order of men had accumulated, they pur-
chafed immunities from their mafter ; and , by
permitting him to levy tolls and duties upon their
commerce, they were enabled to Secure his pa
tronage and protection. Thus the privileges ac
quired by the peafants appear to have given rife
to domeftic freedom , which was communicated
, to the trading part of the inhabitants ; while the
employment of the latter became , on the Other
hand, the fource of great opulence, and contribut
ed , as has been formerly obferved , to raife the
people of inferior rank to political independence.
Other circumfiances may be mentioned , which,
in a fubordinate manner , have , perhaps , contri
buted Something to this remarkable change of
European manners, v
The eftablifliment of Christianity has been fup-
pofed by many to be the principal circurnftance
which rooted out the praCtice of flavery , fo uni-
verfally permitted and encouraged among all the
heathen nations. There is no doubt that ths
S 3

a62 T H E O R I G I N
Spirit of this religion, which confiders all mankind
as children of the fame Father , and as all equal
ly the objects of his paternal care and affection ,
fliould infpire them with compaflion for the
miferies of each other, and Should teach the opu
lent and the proud to conSider thoSe who are de-
preffed with labor and penury as creatures of the
fame fpecies, to treat them with mildnefs and
humanity , and to foften the rigors to which
their Severe and unequal fortune has unavoidably
fubjeCted them. But it does not Seem to have
been the intention of Chriftianity to alter the
civil rights of mankind , or to abolifh thofe dif-
tinCtions of rank which were already eftabliflied.
There is no precept of the gofpel by which the
authority of the mafter is in anyirefped reftrained
or limited ; but, on the contrary, there are Several
.paffages from which it may be inferred that flaves,
even after they had embraced the Chriftian religi
on , were not abfolved from any part of the
duties formerly incumbent upon them 7,

Thus Onefimus, notwithftanding his converfion to
Chrillianity , is underftood by the apoftle Paul to continue ftill
the flave of Philemon ; and it is not fuppofed that the mafter
who was alfo a Chriftian , was under an obligation to relin^
quifh any part of his authority, far lefs to give liberty to his
fervant. See St. Paul's epiftle to Philemon. See alfo , to the
fame purpofe , Rom. chap, xiii. ver. i , &c. — Ephef. chap.
vi. vsr. 9. — Coloff. chap. iii. ver. 22. — 1 Tim. chap, vi,
ver. 1,2. — Tit. chap, ii. ver. 9 , 10. — 1 Pet. chap, ii, ver.
iS.-ri Cor. chap. vii. ver. 21, 22.

O F R A N K S. a6S
We accordingly find that Slavery remained all
Over Europe for feveral centuries after Chriftianity
became the eftablifhed religion: not to mention
that this inftitution is ftill retained in Ruffia , in
Poland , in Hungary , and in feveral parts of
Germany; and that it is at prefent admitted,
without limitation , in the colonies which belong
to the European nations, whether in Afia , Africa ,
or America, The Quakers of Penfylvartia, are the
firft body of men in thofe countries, who have
difcovered any fcruples upon that account , and
who feem to have thought that the abolition of
this praCtice is a duty they owe to religion and
humanity *.
It has likewife been imagined that the ftate of
the clergy , their great influence and ambition ,
together with mat oppofition between the civil
and ecclefiaftical powers, which fubfifted for a long
time in moft of the nations of Europe, were fa
vorable to the lower ranks of men , and contri
buted to limit and deftroy the ancient practice of
villanage. The learning* the ideas of policy , and,
above all , the peaceable manners of ecclefiaftics ,
naturally produced an averfion to the diforders
incident to the feudal governments, and difpofed
them to Shelter the weak and defencelefs from the
tyranny of their fuperiors.
In thofe dark and fuperftitious ages , the church
was, at the fame time, moft fuccefsful in efta-
blifliing her authority over the loweft and moft
" See the publications on this fubjed by Anthony Benezet.
S 4

264 T H E O R I G I N
ignorant of the people j a"d was therefore led , iq
a particular manner , to exert her power and
abilities in protecting that order of men by which
flie wa? moft firmly Supported. As dying perfons
were frequently inclined to make considerable
donations for pious ufes , it was more immediately
for the intereft of churchmen , that people of
inferior condition fliould be rendered capable of
acquiring property , and Should have the free
difpofal of what they had acquired.
The progrefs ~rA ecclefiaftical rapacity feems at
length to have produced a cuftom that villains,
who obtained their liberty by the influence of
the clergy, fliould reward their benefactors; and
that the manumiffion fliould , for this reafon,
be confirmed by the church. In thefe circum-^
fiances, the minifters of religion did not fail to
recommend the manumiffion of flaves , as an
action highly proper to atone for the offences of
a tinner ; and ecclefiaftical cenfures were , in fome
cafes, infliCted upon the mafter, when he refufed
to allow his villains the liberty of alienating their
goods by a teftament, So much does this appear
to have been an object of attention , that a bull
was published by Pope Alexander III. exhorting
the Chriftian world to a general emancipation
of the villains '.
It was not, however, to be expeCted that,
from Such interefted views, the clergy would be
See Boulainvil. fur les Pari, de France, let. 4. Pot-
giefferus de flat. ferv. lib. 2. cap. 10. § 12. — Ibid. cap.

O F R A N K S. a65
difpofed to Strike at the root of fervitude , or to
employ their cafuiftry in overthrowing an inftitution
upon which fo great a part of their own property
depended. Like phyficians, they were far from
thinking it neceffary to fwallow that medicine
which they had prefcribed to the people ; and
while they appeared fo extremely liberal with
regard to the eftates of the laity, they held a very
different conduct with relation fo the villains in
their own poffeffion. Thefe being appropriated to
pious ufes , and being only held in ufufruCt , were
not to be alienated by the prefent incumbent,
Thus we meet with many ecclefiaftical regulations ,
both in France and Germany, by which it is
provided that no bifliop , or prieft, Shall mariumit
a flave in the patrimony of the church , without
purchafing two others of equal value to be put
in his place ".

See the different decrees of councils referred to by
Potgiefferus de ftat. ferv. 1. 4. cap. 2. § 4, 5.
In one of thefe it is enacted , " Epifcopus liberos ex fa-
" miliis ecclefiEe, ad condemnationem fuam facere non prte-
" fumat. Impium enim eft, ut qui res fuas ecclefia: Chrifti
" non contulit, damnum inferat, & ejus ecclefise rem alienara
" contendat. Tales igitur libertos fucceflbr epifcopus revoca-
" bit , quia eos non aequitas , fed improbitas abfolvit. ¦"
In another it is faid, "Mancipia monachis donata ab ab-
w bate non liceatmanumitti. Injuftum eft enim, ut monachis
" quotidianum rurale opus facientibus , fervi eornm libertatjs
" otio pntiantur. *
It is likely , however , that the clergy treated their flaves
with greater lenity than was ufual among the reft

266 T H E O R I G I N
The ftate of the civil government, in moft of
the countries of Europe , may be regarded as
another circumftance which had fome influence
in abolishing domeftic flavery. From the ariftocra*
tical conftitution eftablifhed in thefe kingdoms ,
the fovereign was engaged in long and violent
Struggles with his barons ; and being often incapable
of carrying his meafures by direct force , he was
obliged to employ every artifice that his fituation
would admit , in order to humble his rivals , artd
reduce them under fubjeCtion. For this purpofe
he frequently exerted his authority in protecting
the villains from the tyranny of the mafter; and
thus endeavoured to undermine the power of
the nobles , by withdrawing the fubmiffion of
their immediate dependents.
While the monarch was, upon this account,
endeavouring tp proteCt the villains pofleffed by
his barons, and to raife them to fuch a condition
as might render them lefs dependent upon their
matters , he found means of deriving fome Tevenue
from the people of that clafs , upon pretence
of the people. Mention is made of a bifhop of Aries , who,
in conformity to the Mofaical inftitution, never allowed above
thirty-nine ftripes to be given, at one time, to any of his fer
vants. — " Solehat fanCtus vir id accurate obfervare, ut nemo
Gt exiftis quiipfiparebant, five illifervi effent , five ingenui,
ec fi proculpa flagc-1 landi effent, amplius triginta novem idtibus
" ferirentur. Si quis vero in gravi culpa deprehenfus eflet ,
" permittebat quidem ut ppft paucos dies iterum vapularet ,
" fed paucis. " Ciprianus in vita S. Casfarii , Cit. Potgieff.
lib, 2. cap. i. § 6.

©FRANKS. 267
of confirming , by royal authority, the privileges
that were beftowed upon them. Other reafons ,
in the mean time, induced the fovereign to give
particular encouragement to the bond-men upon
his own demefnes ; as thefe , under the Shelter of
the crown, had been enabled to acquire a degree
of opulence , not only by their advances in agri
culture , but alfo by their application to trade and
manufactures , and consequently were in a con
dition to purchafe freedom and immunities by
pecuniary compofitions , or by fubmitting to regu
lar duties for the fupport of government. From
fuch political confiderations , we find that repeated
efforts were made , and many regulations were
introduced by different princes of Europe , for
extending and fecuring the liberties and rights of
the lower and more induftrious part of their
fubjeCts ,f.
In this manner domeftic flavery, having gra
dually declined for ages, has at laft been exploded
from the greater part of Europe. In feveral Eu
ropean kingdoms , this has happened , from the
natural progrefs of manners, and without any
exprefs interpofition of the legiflature. Thus in
England, the peafants having, in confequence of
their fituation, acquired fucceffive privileges,
many of them were promoted to the rank of
vaflals or free-holders , while the ' reft , advancing
more flowly, have remained in the condition of
thofe who are called copy-holders at pSfefent. So late
as the reign of Queen Elizabeth it appears that
" See Boulanvil. lettres fur les Pari, de Fraitae. let. 4, $.

i68 T H E O R I G I N
real bond-men were ftill to be found in many
parts of the kingdom '\
' In Sc otland the flavery of the villains , which
was probably of a Similar nature to what obtained
in the other countries oS Europe, appears in like
manner to have gone into difufe without any aid
of Statute ; but the period when this change was
effeCied has not been afcertained by lawyers or
hiflorians ".
The remains of bondage which are ftill to be
found in the cafe of colliers and falters in Scot
land , and of thofe who work in the mines in fome
other parts of Europe, are fufficient to point out
the chief circumftance , from which , in all other
cafes, the ancient inftitution has been fo generally
ab°liShed. In a coal-work, as the different work
men are colleCted in one place, inflead of being
Scattered , like the ordinary , peafants , over an
extenfive territory , they were capable of being
Nput under the care of an overfeer, who might
compel them to labor; and the matter did not fo
immediately feel the neceflity of refigning that
authority over them with which he was invefted '*.
See observations on the ftatutes , chiefly the more
ancient: i Rich. ii. A. D. 1377. Smith's Commonwealth
of Eng. B. 3. chap. 10.
"With regard to the ftate of the villains , while they
exifted in Scotland , fee Eegiam Majeftatem. lib. 2. cap.
S 1 , 1 2 , 13,14. Quoniam Attacbiamenta. cap. <; 6.
The right of the mafter, with regard to the labor
of colliers and falters, is fecured by ftatute, pari. 1606.
Cii.

OF RANKS, 269
After domeftic liberty had been thus , in a
great meafure , eftablifhed in thofe European na
tions which had made the greateft improvement
in agriculture , America was difcovered ; the firft
fettlers in which from their diftance* and from
the little attention that was paid to them by the
government of their mother-countries, were under
no neceflity of conforming to. the laws and cuf
toms of Europe. The acquisition of gold and
filver was the great objeCt by which the Spaniards
were direCted in their fettlements upon that con
tinent; and the native inhabitants* whom they
had conquered, were reduced .into flavery and
put to work in the mines. But, , thefe being ex-
haufted by the feverity with which they were
treated , or not being thought fufficiently robuft
for that kind of labor, negro-flaves were afterwards
purchafed for this purpofe from the Portugueze
fettlements on the coaft of Africa. When fugar-
plantations were ereCted, the fame people were
employed in thefe, and in moft other kinds of
work which came to be performed in that part
of the world. Thus the praCtice of flavery was
no fooner extinguifhed ,by the inhabitants in one
quarter of the globe , than it was revived by the
very fame people in another, where it has remain
ed ever Since, without being much regarded by
the public , or • exciting any effeCtual regulations
in order to SuppreSs it ' !.
" See Anderfon's hiftory of commerce, vol. 1. p. 336.
,  The firft importation of negro-flaves into Hifpsniola
was in the year i$o8» Ibid.

«8;o T H E O R I G I N
It merits particular attention , that the chief cir
cumftance which contributed to procure freedom
to the flaves in Europe , had no place in our
American plantations. From the manner of work
ing the mines, a number of flaves are ufually col
lected together, and may therefore be placed un
der the command of a fingle perfon, who has it
in his power to Superintend their behaviour, and
to punifli their negligence. The Same observation
is applicable to the planting of Sugar , and to the
other occupations in our colonies, in which the
negroes perform the fame fort of work which in
Europe is commonly performed by cattle , and
in which , of confequence , many fervants are
kept upon the fame plantation., As the flaves are
continually under the lafh of their mafter , he has
not been forced to ufg the difagreeable expedient
of rewarding their labor , and of improving their
condition by thofe means which were found fo
neceffary , and which were employed with fo
much emolument, to encourage the induftry of
the peafants in Europe.

O F R A N K S. 27*
SECTION IV.
Political confequences of Slavery.
1 N the hiftory of mankind , there is no revo
lution of greater importance to the happinefs of
fociety than this which we have now had occa-
fion to contemplate. The laws and cuftoms of
the modern European nations have carried the ad
vantages of liberty to a height which was never
known in any other age or country. In the an
cient ftates, fo celebrated upon account of their
free government, the bulk of their mechanics and
laboring people were denied the common privi
leges of men , and treated upon the footing of in
ferior animals. In proportion to the opulence
and refinement of thofe nations, the number of
their flaves was increafed , and the grievances to
which they were fubjected became the more in
tolerable. The citizens of Athens , according to an enume
ration of Demetrius Phalerius, are faid to have
amounted to a 1,000, the ftrangers refiding in that
city to 10,000, and the flaves poffeffedby the whole
people, to no lefs than 400,000 \ There is reafon
to believe, however , that, in this enumeration of
the free men , none but the heads of families are
included, and in that of the flaves, every individual
Athenseus , lib. 6. cap. 20. Under the adminiftration
of Pericles the free citizens of Athens were not fo
numerous. See Plutarch, in Pericle.

ays THE ORIGIN
is comprehended ; for an account of the former
would probably be taken with a view to the taxes
impofed upon each head of a family, arid the
latter, it is moft likely, would be numbered, like
cattle , in order to afcertain the wealth of each
proprietor. Thus , allowing five perfons to each
family, the Athenian flaves exceeded the free men
in the proportion of between two and three to one \
In the moft flourishing periods of Rome , when
luxury was carried to fo amazing a pitch , the
proportion of the inhabitants reduced into fervitude
Was in all probability ftill greater. The number
of flaves poffeffed by particular Roman citizens
was prodigious. T. Minucius , a Roman knight,
is faid to have had 400 \ Pliny mentions one
Ccecilius* who bequeathed in his teftament upwards
of 4000 flaves *. And Athenseus takes notice * that
the Roman flaves , belonging to individuals * ofj
ten amounted to 10,000, or even to so* 000 ;
and fometimes , to a greater number '.
Mr. Hume fuppofes that* in the above enumeration,
none but heads of families , either of the flaves or free men ,
are included; from which it would folluW that, throwing
afide the ftrangers, the flaves exceeded the citizens nearly as
twenty to one ; and as this disproportion is highly incredible ,
he is of opinion that the number of flaves Should be reduced
to 40 , 000. But the precife reduction to this number is en
tirely arbitrary ; and upon the fuppofidon which 1 have made,
there will be no reafon to fufped the account either of ex-
aggeration or inaccuracy.
Seneca de tranquiliitate , cap. 8.
Lib. 33. cap. 10. Lib. 6. cap. 20.
The

OF RANKS. 273
The negro flaves in the \yeft -Indies are
commonly faid to exceed the free people nearly
as three to one ; and it has been fuppofed that the
disproportion between them is daily increaSing.
It may in general be obferved , that according as
men have made greater progrefs in commerce and
the arts, the eftablifhment of domeftic freedom is
of greater importance ; and that * in opulent and
polifhed nations , its influence extends to the great
body of the people , who form the principal part of
a community , and whofe comfortable fituation
ought never to be overlooked in the provifions that
are made for national happinefs and profperity.
In whatever light we regard the inftitution of
flavery , it appears equally inconvenient and perni
cious. No conclufion Seems more certain than this,
that men will commonly exert more aCtivity when
they work for their own benefit, than when they
are compelled to labor for the benefit merely of
another. The introduction of perfonal liberty has
therefore an infallible tendency to render the
inhabitants oS a country more induftrious ; and
by producing greater plenty of provisions , muft
neceffarily increate the populouSneSs , as well as
the ftrength and Security of a nation.
Some perfons have imagined that flavery is
conducive to population , on account of the
frugality with which the flaves are ufually
maintained , and on account of the attention
which is given by the mafter to their multipli
cation. With regard to the former circumftance , it
T

274 THE ORIGIN
ought to be confidered , that the work of a laborer
depends very much upon the fubfiftence which he
receives. As by living in too great affluence he
may occafion an uSelefs consumption of provisions,
So by obtaining too little he is rendered lefs fit
for the exercife of thore employments by which
mankind are Supported. To promote the populouf-
nefs of a country, the mechanics and laboring people
fliould be maintained in fuch a manner as will yield
the higheft profit Iron the work which they are
Capable of performing ; and it is probable that they
will more commonly procure the enjoyments of life
according to this due medium , when they provide
their own maintenance, than when it depends upon
the arbitrary will of a mafter , who , from narrow
aud partial views, may imagine that he has an in-
tereft to diminifli the expenfe of their living as much
as poffible. To thofe who have occafion to know
the extreme parfimony with which the negro-flaves
in our colonies aie ufually maintained , any illuftra-
tion of this remark will appear Superfluous.
With reSpeCt to the care of the mafter to encourage
the multiplication of his flaves , it muft be obvious
that this is of little moment, unlets it be accom
panied with an increafe of the me^ns of their
fubfiftence. If flavery be always uni ivorable to
induftry, and tend to hinder the improvement
of a country, the number of inhabitants will be
proportionally limited , in fpite of all the? regula
tions that can be made, and of all the encou
ragement that can be given to the propagation of
the fpecies. It is impoffible even to multiply cattle

O F R A N K S. cyi
beyond a certain extent , without having previoufly
enriched the paflurts upon which they are fed.
But flavery is not more hurtful to the induftry
than to the good morals of a people. To caft a man
out from the privileges of fociety , and to mark his
condition with infamy , is to deprive him of the
moft powerful incitements to virtue; and, very
often , to render him worthy of that contempt with
which he is treated. What effects, on the other
hand, may we not expeCt that this debafement
of the Servants will produce on the temper and
diSpoSition of the mafter? In how many different
ways is it poflible to abufe that abfolute power with
which he is invefted ? And what vicious habits may
be contracted by a train of fuch abufes, unreftrained
by the laws , and palliated by the influence oS ex
ample. It would Seem that nothing could exceed
the diflionefty and profligacy of the Roman flaves ;
unlefs we except the inhumanity and the extravagant
vices which prevailed among the reft of the in
habitants. Various ftatutes. were made to reftrain the manu-.
miffion of flaves , and to prevent the dignity of a
Roman citizen from being communicated to fuch
infamous perfons. " Such is the confufion of our
" times," fays Pionyfius of Halicarnaflus , '• fo
t£ much has the Roman probity degenerated into
" ShameSul meanneSs, that Some, having gathered
" money by robberies , prostitutions , and all
" kinds of wickednefs , are enabled to procure
tl their freedom , and to become Romans; others,
" affociating with their matters* in ppifoningia
T?

s76 T H E O R I G I N
" murders , and crimes committed both againft
fC the gods and the common-wealth , are reward-
" ed in the fame manner '. "
It has been alledged that , in one refpeCt , the
jnftitution of flavery is beneficial to a nation , as
it affords the moft convenient provifiori Sor thoSe
who are become unable to maintain themSelves.
The maintenance of the poor, is doubtlefs, a very
important objeCt, and may be regarded a§ one
of the moft difficult branches in the police of a
country. In the early periods of fociety, when
family-attachments are widely extended, the rich
are commonly willing tp take care pf their in
digent relations ; and from the difpofitions of a
people unacquainted with luxury, thofe perfons
who have no other refource may expect relief
from the occafiqnal charity of their neighbours.
But in a commercial and populous nation, in
which the bulk of die people muft work hard
for their livelihood, many individuals are, by a
variety of accidents , reduced to indigence; while
at the fame tilrte s from their numbers , as
well as from the prevailing fpirk of the age*
their mifery is little regarded by their fellow-
creatures. The cunning impoftor * in Such a
CaSe, may Sometimes carry on a profitable trade
of begging; but the real objeCt of diftrefs is apt
to be overlooked , and without Some interpofition
of the public, would often perifh from want.
Poors-rates therefore, in fome fhape or other,
muft be eftablifhed ; and from the nature of fuch
an eftablifliment , it is ufually attended with much
Dion. Hal. Antiq. Rom. lib. 3,

OF RANKS. 277
expenfe; and liable to many abuSes. In a country
where flavery is praCtifed, no fuch inconvenience is
felt. As the mafter may be obliged, in all cafes , to
maintain his flaves , no affeifment is neceffary , no
charges are incurred in collecting and distributing
money, for the benefit of the poor: not to mention,
that the nuifance of common begging is thus effect
tually removed.
It muft be owned that this is a frugal regulation ;
but that it will anfwer the purpofe is Sar from
being fo evident. When the fame perfon , who
is fubjeCted to a tax, is alfo intrufted with the
application of the money , what fecurity is there
that he will ever apply it to the ufes for which it
is intended ? When a mafter is ordered to Support
his flaves, after they have become unfit for la
bor , what meafures can be taken to Secure their
obedience ? As it is plainly his intereft to set
free of this burden , what reafon have we to expeCt
that he will fubmit to it longer than he thinks fit?
In a matter of domeftic economy, how is it pof-
fible for the public to watch over his conduct,
or to obferve one of a thoufand infhnces in which
he may negleCt his decayed Servants , or with-hold
from them the common neceffaries of life ? In-
ftead of maintaining the poor therefore , this is
only a method of ftarving them in the moft
expeditious, and perhaps, in the moft private
manner. In perufing the Roman hiftory, with
relation to this fubjeCt , we meet with enormities
which fill the mind with horror. Among that
people it appears that, notwithstanding all the laws
T 3.

278 T H E O R I G I N
that were made by emperors , of the beft intentions,
and poffeffed of abfolute power, the mafter did not
even think it neceffary to conceal his barbarity, or
to Show more regard to his flaves, than is uSually
Shown to cattle which, from age or difeafes, are
no longer of Service to the owner.
ConSidering the many advantages which a country
derives from the freedom of the laboring people,
it is to be regretted that any Species oS flavery fliould
ftill remain in the dominions of Great Britain ,
in which liberty is generally So well understood,
and So highly valued.
The Situation of the colliers andSaltersin Scotland
may Seem of little confequence , as the number of
perfons engaged in that employment is not very
great, and their Servitude is not very grievous. The
detriment , however , which arifes from thence to
the proprietor of fuch works is manifeft. No man
would chute to be a flave if he could earn nearly
the fame wages by living in a ftate of freedom. Each
collier therefore muft have an additional premium
for his labor, upon account of the bondage into
which he is reduced : otherwife he will endeavour
to procure a livelihood by fome other employment7.
Many of the coal -matters begin to he fenfible
pf this, and wifh that their workmen were upon
The following fad?, w;th regard to the comparative
pries of the labor of coficis in Scotland and England,
and of that of colliers in comparifon with oth:r laborers,
in both countrie-, have besn communicated to the authojt
by a gentleman of great knowledge and obfervation.

OF RANKS. 279
a different footing ; although , with a timidity
natural to thofe who have a great pecuniary intereft
at flake , they are averfe Srom altering the Sormer
praCtice , until Such alteration Shall be rendered
univerSal by an aCt oS parliament. But whatever
advantages might accrue to them from a general law
abolishing the flavery of the colliers, it feems evident
that thefe advantages would be reaped in a
much higher degree by any fingle proprietor

In Scotland , a collier laboring eight hrurs in twenty-
four, earns, exclufive of all expenfe, twelve fhillings ^*r
week, or two Shillings per day. More particularly ,
In the county of Mid-Lothian , at an average , about thir
teen fhillings.
In the county cf Fife , about twelve Shilling?.
In the counties of Linlithgow and Stirling , thirteen fhil
lings. In the county of Ayr, thirteen fhillings and upwards.
It is to be obferved , however, that this is not what every
collier actually earns , but what every collier who' works his
regular tafk gets ; and this exclufive of bearers.
The laborers in the lead-mines at Lead-hills, Wanloch-
head, &c. in Scotland, working eight hours in twenty- four,
earn eight fhillings per week.
At Newcaftle [the colliers earn nine fhillirgs per week.
Common labor at Newcaftle is at fix fhillings per week.
— In the county of Mid-Lothian in Scotland five fhillings.
— In the county of Fife four fhillings. — In the counties of
Linlithgow and Stirling five fhillings. — In the county of Ayr
from five fhillings and fixpence to fix fh.Lings. — At Lead.
hills, "Wanloch-head , &c. fix fhillingsl

280 T H E O R I G I N
-who fliould have the refolution to give liberty to
his workmen , and renounce the privileges which
the law beftows upon him, with refpeCt to thofe
who might afterwards engage in his fervice. If the
flavery of the colliers tends to heighten their wages,
furely any one mafter who fliould be freed from
this inconvenience before the reft, would be in
the Same circumftances with a manutaCturer who
produces a commodity at lets expenfe than his
neighbours, and who is thereby enabled to underiel
them in the market '.
The flavery eftablifhed in our colonies is an object
of greater importance, and is, perhaps, attended
with difficulties which cannot befo eafily removed.
It has been thought, that the management of our
plantations requires a labor in which free men would
mot be willing to engage , and which the white
people are, from their conftitution, incapable of
performing. How far this opinion is well founded ,
according to the prefent manner of laboring in
that part of the world , feems difficult to de
termine , as it has never been properly examined
by thofe who are in a condition to afcertain the faCts
in queftion. But there is ground to believe that the
inftitution of flavery is the chief circumftance that
has prevented thofe contrivances to Shorten and
facilitate the more laborious employments of the
people , which take place in other countries where
freedom has been introduced.
B; a late aft oi parliament fu hr-; ulations have been made
Bf, in a fhort time, will proh b y abolifh he remains of th t fer-
Vitudc to whu.h this oidi.r l£ men kava been fo long fubjifted.

O F R A N K S. 581
Notwithftanding the connexion between our
colonies and the mother-country , the inftruments
proper for Some of the moft common branches of
labor are little known in many parts of the Weft-
Indies. In Jamaica the digging of a grave gives
full employment to two men for a whole day; as
from the want of proper tools it is neceffary to
make a large hole no way adapted to the human
figure. I am informed, that, unlefs it was been
procured very lately, there is hardly a fpade in
the whole ifland. In procuring firewood for boil
ing fugar , &c. a work that takes up about five
or fix weeks yearly , no uSe is made oS the Saw ,
but the trees are cut with an ax into logs of
about 3o inches in length. Inftead of a flail the
negroes make ufe of a fingle flick in threfliing the
Guinea-corn ; fo that in this and In winnowing ,
ten women are capable of doing no more work
in a day, than, with our inftruments and ma
chinery , two men would perform in two hours.
Prom the want of a Scythe or Sickle , they are ob
liged every night to cut with a knife , or pull with
their hands , a quantity of grafs Sufficient to Serve
their horSes , mules , and black cattle '.
With regard to the planting oS Sugar, expe
riments have been made , in Some of the iflands,
from which it appears that, in this fpecies of cul
tivation, cattle might be employed with advantage,,
and that the number of flaves might be greatly
* Thefe obfsrvstions were made about the year 1765,
and rd te mo e immediately to th; parifties of Vere, Han
over, and Sc. Thomas in the vale,.

282 T H E O R I G I N
diminished '°. But thefe experiments have been
little regarded, in oppofition to the former uSage,
and in oppofition to a lucrative branch of trade
which this innovation would in a great meafure
deftroy. At any rate , the interest of our colonies feems
to demand that the negroes fliould be better treat
ed, and even that they fliould be raited to a better
condition. The author of a late elegant account
of our American fettlements has piopofed , that
Small wages fliould be given them as an encou
ragement to induftry. If this meafure were once
begun, it is probable that it Avould gradually be
puflied to a greater extent; as the mafter would
Soon find the advantage of proportioning the wages
of the flaves to the work which they performed,
It is aftonifhing that fo little attention has hitherto
been piid to any improvements of this nature*
after the good effeCts of them have been fo fully
illuflrated in the cafe of the villains in Europe.
The owner of a Sugar or tobacco-plantation, one
would think, might eafily eftimate the average
value of the crop which it had formerly yielded,
and could run no hazard , whatever profit he
might reap , by allowing the people employed in
the cultivation to draw a fhare of any additional
produce obtained by their labor and frugality.
It affords a curious fpectacle to obferve that the
fame people who talk in a high ftrain of political
liberty , and who confider the privilege ofimpofuig
their own taxes as one of the unalienable rights
_ ?* See American huibandty, poblifh.d in 1775.

O F R A N K S. s83
of mankind, fliould make no Scruple of reducing a
great proportion of their fellow-creatures into cir
cumfiances by which they are not only deprived
of property , but aimoft of every fpecies of right.
Fortune perhaps never produced a fituation more
calculated to ridicule a liberal hypothefis, or to Show
how little the conduct of men is at the bottom
directed by any philofophical principles.
In thofe provinces, however, of North- America,
where few flaves have ever been maintained , and
where flavery does not feem to be recommended by
the nature of thofe employments in which the people
are ufually engaged , there may be Some ground
to expect that its pernicious effects upon inrlufhy
will Soon be felt, and that the praCtice will of
courfe be abandoned. It is Said that fome of the
provincial affemblies in that country have lately
refolved to prevent or difcourage the importation
of negroes ; but from what motives this refolution
has proceeded, it is difficult to determine".
The advancement of commerce and the arts ,
together with the diffufion of knowledge, in the
prefent age, has of late contributed to the removal
of many prejudices , and been productive of enlar
ged opinions , both upon this and upon a variety
of other fubjeCts. It has long been held , in Bri
tain, that a negro-flave, imported into this country*
obtained thereby many of the privileges of a tree
" See a vindication of the addref, to the inhabitants of
the Britifh Settlements on the flavery of the negroes in
America, by a Penfylvanian, printed at Philadephia, 1773.

2S4 THE ORIGIN OF' RANKS.
man. But by a late judgment in the court of
king's-bench it was found that the mafter could
not recover his power over the Servant by Sending
him abroad at pleaSure ".
By a ftill more recent decifion of the chief
court in Scotland, it was declared " That the
"dominion aflumed over this negro, under the
" law of Jamacia , being unjuft, could not be
" fupported in this country to any extent: that
" therefore the defender had no right to the
" negro's fervice for any fpace of time ; nor to
" fond him out of the country againft his con-
« fent,!. "
This laft decifion, which was given in 1778, is
the more worthy of attention , as it condemns the
flavery of the negroes in explicit terms , and ,
being the firft opinion oS that nature delivered by
any court in the illand , may be accounted an
authentic teftimony of the liberal fentiments en
tertained in the latter part of the eighteenth cen
tury. In thecal of Somerfet, the neero, decided in 1772.
Jofeph Knight , a negro, againft John "Wedderburn,
15th January 1778-

THE END.