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to have the fole power of governing the conquered country and its inha. bitants, confequently that of making temporary laws for them according to his difcretion, as being a neceffary part of fuch government. But, when the peace is made, and the country is ceded for ever to the crown of Great Britain by the former fovereign of it, and the old inhabitants of the country are permitted to continue in it as fubjects to the conquering fovereign, and to take the oath of allegiance to him (either with or without a restoration of their lands to them), there feems to me to be an end of the exercife of the king's prerogative of making war in fuch a country, and of all the incidental powers belonging to fuch prerogative. From that moment the laws of peace take place, and, as I should conceive, the legislative authority with refpect to fuch new part of the British dominions, as well as with respect to the former parts of them, muft revert to its proper channel, in which it runs in times of tranquillity, that is, to the king and the two houfes of parliament conjointly. And, if it does not then fo revert, it must be owing to fome other caufe, or reason, than the king's having the fole prerogative of making war and peace, because at this time both the war and peace are fuppofed to be completely terminated."

But there is a further argument couched in Lord Mansfield's words, above quoted, that remains to be confidered. His Lordship obferves, that "the lands are the King's, and he may grant them to whom he pleases; and if he plants a colony upon them, the new fettlers will hold the fhares of the faid lands which fhall have been allotted them, fubject to the prerogative of the conqueror." Our Author contents himself with flightly noticing the very palpable petitio principii contained in the close of this paragraph; for what lefs is it, to tell us, that the conquered hold their lands fubject to the prerogative of the conqueror, when the whole queftion turns upon, What the prerogative of the conqueror is? He then comes full charged against this argument, and proves, beyond the poffibility of a reply, that the circumftance of the King's being owner of all the lands of a conquered country immediately after the conqueft, cannot give him the fhadow of a right to impofe laws and taxes on the inhabitants. If, indeed, it could, an odd confequence would follow: every rich landholder in England might not only introduce a new fyftem of laws among his tenants, by requiring them to promife obedience to fuch laws as a condition of their leafes, but he might alfo, after the leafes were made to them, change thofe laws for another system, and double the rents whenever he pleafed, by impofing a tax upon them. The extravagance of fuch an opinion (fays one of the dramatis perfona) is fo ftriking in the cafe of a private perfon, that no man could, for an inftant, be perfuaded to entertain it.' And yet, if the mere ownership of the land could create a legiflative authority over the perfons who inhabit it, it must be confeffed, that fuch a conclufion might juftly be in

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ferred from it. But, in the cafe of a king, people are apt to think the reasoning lefs abfurd. The fplendour of Majefty dazzles their imaginations, and overpowers their understanding.' However, as this effect of conqueft will probably never be agitated (it being precluded by the modern practice of capitulations), it is unneceflary to purfue this part of the fubject any further.

The remaining arguments advanced by our Author, in oppofition to Lord Mansfield's opinion, fhall be confidered in a fubfequent Review.

ART. III. The Hiftory of Modern Europe: With an Account of the Decline and Fall of the Roman Empire, and a View of the Progrefs of Society from the Fifth to the Eighteenth Century. In a Series of Letters from a Nobleman to his Son. 8vo. 2. Vols. 12 S. Boards. Robinson, &c. 1779.

Mo ODERN hiftory has been thought by many to poffefs

advantages over the Ancient, in point of utility, as it traces the rife and progrefs of thofe communities which at prefent fubfift, and lays open the origin of the feveral excellencies and defects in the prefent forms of civil government. That this object of ftudy is of great importance, cannot be doubted. To furnish young perfons with a connected view of the progrefs of fociety in modern times, which fhall give them fomething more than a chronological feries of names and facts, and lead them to make juft and ufeful reflections on the events which have occurred in the world, muft therefore be acknowledged to be a laudable defign.

With this view the Hiftory of Modern Europe, now before us, is profefledly written; and, in our opinion, the defign is executed in a manner which does credit to the writer's abilities and judgment, and will render the work highly acceptable to the public. The Writer has very fuccefsfully endeavoured to ftrike a medium between the dry chronological method of Puffendorf, and the defultory, but captivating manner of Voltaire. He has related facts with great perfpicuity, and at the fame time, with no inconfiderable thare of elegance of style. He interweaves with the general narrative many interefting anecdotes, and judicious reflections; and through the whole, he difcovers a liberality of fentiment, refpecting both religion and civil policy, which will render his work particularly estimable in the judgment of those who have not learned to defpife the idea, and ridicule the name, of LIBERTY.

The following remarks on the progrefs of fociety, from the fettlement of the modern nations to the middle of the eleventh century, may ferve as a fpecimen of this work.

• I have

I have already given you an account of the Syftem of Policy and Legislation established by the Barbarians, or modern nations, on their first fettlement in the provinces of the Roman empire; and I have endeavoured, in the courfe of my narration, to trace the progrefs of fociety, as it regards religion, laws, government, manners, and literature: but as the hiflory of the human mind is of infinitely more importance than the detail of events, this letter fhall be entirely devoted to fuch circumftances as tend more particularly to' throw light upon that fubject. I fhall alfo purfue the fame method, at different intervals, during the fubfequent part of your historical ftudies.

Though the northern invaders wanted tafte to value the Roman arts, laws, or literature, they generally embraced the religion of the conquered: and the mild and benevolent fpirit of Christianity would doubtlefs have foftened their favage manners, had not their minds been already infected by a barbarous fuperftition; which mingling itfelf with the Chriftian principles and ceremonies, produced that abfurd mixture of violence, devotion, and folly, which has fo long difgraced the Romish church, and which formed the character of the middle ages. The clergy were gainers, but Chriflianity was a lofer, by the converfion of the Barbarians. They rather changed the object, than the spirit of their religion.

The Druids among the Gauls, and the Priefs among the ancient Germans, and all the nations of Scandinavia, poffeffed an abfolute dominion over the minds of men. Thefe people, after embracing Christianity, retained their veneration for the priesthood; and unhappily the clergy of thofe times had neither virtue enough to preferve them from abufing, nor knowledge fufficient to enable them to make a proper ufe of their power. They favoured the fuperftitious homage; and fuch of the Barbarians as entered into orders, carried their ignorance and their original prejudices along with them.

The Chriftian emperors had enriched the church; they had lavished on it privileges and immunities: and these feducing advantages had but too much contributed to a relaxation of difcipline, and the introduction of disorders, more or lefs hurtful, which had altered the spirit of the gospel. Under the dominion of the Barbarians, the degeneracy increafed, till the pure principles of Chriftianity were loft in a grofs fuperftition, which, instead of afpiring to fanctity and virtue, the only facrifice that can render a rational being acceptable to the great Author of order and of excellence, endeavoured to conciliate the favour of God by the fame means that fatisfied the juftice of men, or by thofe employed to appease their fabulous deities.

As all civil crimes were bought off by money among the northern conquerors, they attempted, in like manner, to bribe heaven, by benefactions to the church; and the more they gave them felves up to their brutal paffions, to rapine and to violence, the more profufe they were in this fpecies of good works. They feem to have believed, fays the Abbe de Mably, that avarice was the first attribute of the Divinity, and that the faints made à traffic of their influence and protection. Hence the bon mot of Clovis: "St. Martin ferves

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his friends very well; but he makes them pay foundly for his trouble."

"Our treasury is poor," faid Chilperic, the grand fon of Clovis ; our riches are gone to the church: the bishops are the kings!" And indeed the fuperior clergy, who by the acquifition of lands added the power of fortune to the influence of religion, were often the arbiters of kingdoms, and difpofed of the crown while they regulated the affairs of the ftate. There was a neceffity of confulting them, because they poffeffed all the knowledge that then remained in Europe: they only knew any thing. The acts of their councils were confidered as infallible decrees, and they spoke usually in the name of God; but alas! they were only men.

As the intereft of the clergy clashed with that of the laity, op pofition and jealoufy produced new diforders. The priests made ufe of artifice against their powerful adverfaries; they invented fables to awe them into fubmiffion; they employed the fpiritual arms in defence of their temporal goods; they changed the mild language of charity into frightful anathemas: the religion of Jefus breathed nothing but terror. To the thunder of the church, the inftrument of so many wars and revolutions, they joined the affiffance of the fword. WarJike prelates, clad in armour, combated for their poffeffions, or tọ ufurp thofe of others; and, like the heathen priefs, whofe pernicious influence was founded on the ignorance of the people, the Chriftian clergy fought to extend their authority by confining all knowledge to their own order. They made a mystery of the most neceffary fciences: truth was not permitted to fee the light, and reafon was fettered in the cell of fuperftition. Many of the clergy themselves could fcarce read, and writing was principally confined to the cloisters; where a blind and interested devotion, equally willing to deceive and to believe, held the quill; and where lying chronicles and fabulous legends were compofed, which contaminated history, religion, and the principles and the laws of fociety.

Without arts, fciences, commerce, policy, principles, almost all the European nations were as barbarous and wretched as they could poffibly be, unless a miracle had been wrought for the difgrace of humanity. Charlemagne indeed in France, and Alfred the Great in England, endeavoured to difpel this darkness, and tamę their fubjects to the reftraints of law; and they were fo fortunate as to fucceed: light and order diftinguished their reigns. But the ignorance and barbarifm of the age were too powerful for their liberal inflitutions: the darkness returned, after their time, more thick and heavy than formerly, and fat:led over Europe, and fociety again tumbled into chaos.

The ignorance of the Weft was fo profound, during the ninth and tenth centuries, that the clergy, who alone poffeffed the important fecrets of reading and writing, became neceffarily the arbiters and the judges of almoft all fecular affairs. They comprehended, in their jurifdi&tion, marriages, contracts, wills; which they took care to involve in myftery, and by which they opened to themselves new fources of wealth and power. Every thing wore the colour of religion: temporal and spiritual concerns were confounded;

and

and from this unnatural mixture fprung a thoufand abuses. The history of thofe ages forms a fatire on the human foul; and on religion, if we fhould impute to it the faults of its minifters.

Redeem your fouls from deftruction," fays St. Egidius, bifhop of Noyon, "while you have the means in your power; offer prefents and tythes to churchmen; come more frequently to church; humbly implore the patronage of the faints: for if you obferve thefe things, you may come with fecurity in the day of the tribunal of the eternal Judge, and fay, Give us, O Lord, for we have given

unto thee!"

In feveral churches of France they celebrated a festival in commemoration of the Virgin Mary's flight into Egypt. It was called the Feast of the Afs. A young girl richly dreffed, with a child in her arms, was fet upon an afs fuperbly caparifoned. The ass was led to the altar in folemn proceffion. High mafs was faid with great pomp. The afs was taught to kneel at proper places: an hymn, not lefs childish than impious, was fung in his praife: and when the ceremony was ended, the priest, instead of the ufual words with which he difmiffed the people, brayed three times like an afs; and the people, instead of the usual refponse, brayed three times in

return.

Letters began to revive in the eleventh century; but what letters? A fcientifical jargon, a falfe logic, employed about words, without conveying any idea of things, compofed the learning of those times. It confounded every thing, in endeavouring to analyfe every thing. As the new fcholars were principally divines, theological matters chiefly engaged their attention: and as they neither knew hiftory, philofophy, nor criticism, their labours were as futile as their inquiries, which were equally disgraceful to reafon and religion. The conception of the bleffed Virgin, and the digeftion of the eucharift, were two of the principal objects of their fpeculation: and out of the last a third arofe; which was, to know whether it was voided again!

The diforders of government and manners kept pace, as they always will, with thofe of religion and letters. They feem to have attained their utmost height towards the clofe of the tenth century. Then the feudal policy, whofe defects I have elsewhere noticed, was become univerfal. The dukes or governors of provinces, the marquifes employed to guard the marches, and even the counts intrufted with the administration of justice, all originally officers of the crown, had made themselves mafters of their duchies, marquifates. and counties. The King indeed, as fuperior lord, ftill received homage from them for thofe lands which they held of the crown, and which, in default of heirs, returned to the royal domain: he had a right of calling them out to war; of judging them in his court by their affembled peers, and of confifcating their eftates in cafe of rebellion; but in all other refpects, they themselves enjoyed the rights of royalty. They had their fub-vaffals, or fubjects; they made laws, held courts, coined money in their own name, and levied war against their private enemies.

The moft frightful diforders arofe from this state of feudal anarchy. Force decided all things. Europe was one great field of

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