Chapter 10

313I here mean the tenets of theEpicurean atheistsas they are termed by the very learned Mr. Baxter in his treatise of the immortality of the soul; where he has confuted them at large in the first volume of that admirable work.Inquiry into the nature of the human soul. Vol. 1. p. 355.

Inquiry into the nature of the human soul. Vol. 1. p. 355.

314It has been remarked; that the disciples of the ancient Greek philosophers have blended so many of their own opinions with the doctrine of their masters, that it is often difficult to distinguish the genuine tenets of the latter, from the spurious ones which have been interpolated by their followers.... Thus Epicurus taught that the summum bonum or supreme good consisted in pleasure. His defenders insist: that he placed it in that refined pleasure which is inseparable from the practice of virtue. His enemies affirm; that he meant the grosser pleasure which arises wholly from the sensual passions.... His friends reply; that this notion was first broached by the dissolute part of his disciples, who most injuriously fathered it upon Epicurus, and then alleged his authority as a plea for their debaucheries; ... they add, that the true Epicureans, who adhered rigidly to the genuine tenets of their master, always treated these spurious disciples as sophists and impostors. But even allowing this to be a true state of the case; yet that the materiality and dissolution of the human soul at death was a genuine tenet of Epicurus, is a truth which the most sanguine of his admirers are not able to deny. As this pernicious tenet therefore was equally held, and publickly taught by both these kinds of Epicureans, a very small knowledge of human nature will enable us to decide, which of the two opposite notions of pleasure was most likely to prevail, and gain the greatest number of proselytes amongst a luxurious and corrupt people.The dissolute manners of the Romans in the last period of their republick, prove evidently, in my opinion, that the sensual doctrines of the later Epicureans were almost universally received. And if the evidence of Horace in his humourous description of the manners of those philosophers is to be depended upon, they seem to have engrossed thenameof thesectwholly to themselves.Me pinguem et Nitidum, bene curata cute, vises.Cum ridere voles,Epicuri de Grege porcum.Hor. Epist. 4. lib. 1.

The dissolute manners of the Romans in the last period of their republick, prove evidently, in my opinion, that the sensual doctrines of the later Epicureans were almost universally received. And if the evidence of Horace in his humourous description of the manners of those philosophers is to be depended upon, they seem to have engrossed thenameof thesectwholly to themselves.

Me pinguem et Nitidum, bene curata cute, vises.Cum ridere voles,Epicuri de Grege porcum.Hor. Epist. 4. lib. 1.

Me pinguem et Nitidum, bene curata cute, vises.

Cum ridere voles,Epicuri de Grege porcum.

Hor. Epist. 4. lib. 1.

315Omnis, ut est igitur per se natura duabusConsistit rebus; nam corpora sunt et inane.Ergo præter inane et corpora tertia per se.Nulla potest rerum in numero natura relinquiNec quæ sub sensus cadat ullo tempore nostrosNec ratione animi quam quisquam possit apisci.

Omnis, ut est igitur per se natura duabusConsistit rebus; nam corpora sunt et inane.Ergo præter inane et corpora tertia per se.Nulla potest rerum in numero natura relinquiNec quæ sub sensus cadat ullo tempore nostrosNec ratione animi quam quisquam possit apisci.

Omnis, ut est igitur per se natura duabus

Consistit rebus; nam corpora sunt et inane.

Ergo præter inane et corpora tertia per se.

Nulla potest rerum in numero natura relinqui

Nec quæ sub sensus cadat ullo tempore nostros

Nec ratione animi quam quisquam possit apisci.

316Et nebula ac fumus quoniam discedit in auras;Crede animam quoque diffundi, multoque perireOcius, et citius dissolvi corpora prima,Cum semel omnibus e membris ablata recessit.

Et nebula ac fumus quoniam discedit in auras;Crede animam quoque diffundi, multoque perireOcius, et citius dissolvi corpora prima,Cum semel omnibus e membris ablata recessit.

Et nebula ac fumus quoniam discedit in auras;

Crede animam quoque diffundi, multoque perire

Ocius, et citius dissolvi corpora prima,

Cum semel omnibus e membris ablata recessit.

317Et si jam nostro sentit de corpore, postquamDistracta est animi natura, animæque potestas:Nil tamen hoc ad nos; qui cætu conjugioqueCorporis atque animæ consistimus uniter apti.

Et si jam nostro sentit de corpore, postquamDistracta est animi natura, animæque potestas:Nil tamen hoc ad nos; qui cætu conjugioqueCorporis atque animæ consistimus uniter apti.

Et si jam nostro sentit de corpore, postquam

Distracta est animi natura, animæque potestas:

Nil tamen hoc ad nos; qui cætu conjugioque

Corporis atque animæ consistimus uniter apti.

318Nil igitur mors est, ad nos neque pertinet hilum,Quandoquidem natura animi mortalis habetur:—Ubi non erimus: cum corporis atque animaiDiscidium fuerit, quibus e sumus uniter apti,Scilicet haud nobis quicquam, qui non erimus tum,Accidere omnino poterit, sensumque movere.

Nil igitur mors est, ad nos neque pertinet hilum,Quandoquidem natura animi mortalis habetur:—Ubi non erimus: cum corporis atque animaiDiscidium fuerit, quibus e sumus uniter apti,Scilicet haud nobis quicquam, qui non erimus tum,Accidere omnino poterit, sensumque movere.

Nil igitur mors est, ad nos neque pertinet hilum,

Quandoquidem natura animi mortalis habetur:

—Ubi non erimus: cum corporis atque animai

Discidium fuerit, quibus e sumus uniter apti,

Scilicet haud nobis quicquam, qui non erimus tum,

Accidere omnino poterit, sensumque movere.

319Epicurus vero ex animis hominum extraxit radiaitus religionem, quum Diis immortalibus et opem et gratiam sustulit. Cit. de Nat. Deor. p. 76 and 77.

320At etiam liber est Epicuri de sanctitate. Ludimur ab homine non tam faceto, quam ad scribendi licentiam libero. Quæ enim potest esse sanctitas, si Dii humana non curant? Cic. de Nat. Deor. p. 78.

321The principles of the new academy, that doubting sect, which Cicero had espoused, led so directly to scepticism, that he keeps us in a state of perpetual doubt and uncertainty as to his opinions. Mr. Baxter in his Inquiry into the nature of the Human Soul, vol. 2. p. 70. complaining of Cicero’s inconsistencies and self-contradictions, observes, that—“as philosophers he teaches men to be scepticks, or to maintainthat truth is not to be perceived.” And afterwards adds—“But it is long since it hath been observed of thisgreat man, that hisacademical writings are at variancewith his other works; and that he may be confuted out of himself, and in his own words.”Dr. Warburton expatiates largely upon the great difficulties there are in getting to Cicero’sreal sentiments. I shall mention only two of them and in his own words. “A fourth difficulty arises from Tully’s purpose in writing his works of philosophy; which was, not to deliver his own opinion on any point of ethicks or metaphysicks; but to explain to his countrymen in the most intelligible manner, whatsoever the Greeks had taught concerning them. In the execution of which design, no sect could so well serve his turn as thenew academy, whose principle it was,not to interfere with their own opinions, &c. But the principal difficulty proceeds from theseveralandvariouscharacters hesustainedin his life and writings; which habituated him to feign and dissemble his opinions. Here (though he acted neither a weak nor an unfair part) he becomes perfectly inscrutable. He may be considered as an orator, a statesman, and a philosopher; characters all equallypersonated, and no one more thereal manthan the other; but each of them taken up and laid down, for the occasion. This appears from the numerous inconsistencies we find in him throughout the course of his sustaining them, &c.” And afterwards, p. 171, the Dr. adds—“We meet with numbers of the like contradictions delivered in his own person, and under his philosophical character,” of which he gives us several instances. In the note upon the word personated, p. 169. the Dr. observes, “that as a philosopher, his end and design in writing was not to deliver his own opinion; but to explain the Grecian philosophy; on which account he blames those as too curious, who were for having his own sentiments. In pursuance of his design, he brings in Stoicks, Epicureans, Platonists, Academicks, new and old, in order to instruct the Romans in their various opinions, and several ways of reasoning. But whether it be himself or others that are brought upon the stage, it is theacademicknot Cicero; it is the Stoick, the Epicurean, not Balbus, nor Velleius, who deliver their opinions.” See Warburton’s Divine Legation, part 2. book 3. last edition, where the character of Cicero, as drawn by that very learned and able writer, p. 165, &c. is the best clew I know of to guide us through his philosophical works. See also, Critical Inquiry into the opinions and practice of the ancient philosophers, passim.

Dr. Warburton expatiates largely upon the great difficulties there are in getting to Cicero’sreal sentiments. I shall mention only two of them and in his own words. “A fourth difficulty arises from Tully’s purpose in writing his works of philosophy; which was, not to deliver his own opinion on any point of ethicks or metaphysicks; but to explain to his countrymen in the most intelligible manner, whatsoever the Greeks had taught concerning them. In the execution of which design, no sect could so well serve his turn as thenew academy, whose principle it was,not to interfere with their own opinions, &c. But the principal difficulty proceeds from theseveralandvariouscharacters hesustainedin his life and writings; which habituated him to feign and dissemble his opinions. Here (though he acted neither a weak nor an unfair part) he becomes perfectly inscrutable. He may be considered as an orator, a statesman, and a philosopher; characters all equallypersonated, and no one more thereal manthan the other; but each of them taken up and laid down, for the occasion. This appears from the numerous inconsistencies we find in him throughout the course of his sustaining them, &c.” And afterwards, p. 171, the Dr. adds—“We meet with numbers of the like contradictions delivered in his own person, and under his philosophical character,” of which he gives us several instances. In the note upon the word personated, p. 169. the Dr. observes, “that as a philosopher, his end and design in writing was not to deliver his own opinion; but to explain the Grecian philosophy; on which account he blames those as too curious, who were for having his own sentiments. In pursuance of his design, he brings in Stoicks, Epicureans, Platonists, Academicks, new and old, in order to instruct the Romans in their various opinions, and several ways of reasoning. But whether it be himself or others that are brought upon the stage, it is theacademicknot Cicero; it is the Stoick, the Epicurean, not Balbus, nor Velleius, who deliver their opinions.” See Warburton’s Divine Legation, part 2. book 3. last edition, where the character of Cicero, as drawn by that very learned and able writer, p. 165, &c. is the best clew I know of to guide us through his philosophical works. See also, Critical Inquiry into the opinions and practice of the ancient philosophers, passim.

322Verius est igitur nimirum illud quod familiaris omnium nostrum Posidonius disseruit in libro quinto de natura deorum, nullos esse deos Epicuro videri: quæque is de Diis immortalibus dixerit, invidiæ detestandæ gratia dixisse, p. 78.

323Οἱ τὰ κοινὰ χειρίζοντες παρὰ μὲν τοῖς Ἕλλησιν, ἐὰν τάλαντον μόνον πιστευθῶσιν ἀντιγραφεῖς ἔχοντες δέκα, καὶ σφραγῖδας τοσαύτας, καὶ μάρτυρας διπλασίους, οὐ δύνανται τηρεῖν τὴν πίστιν. παρὰ δὲ Ῥωμαίοις, κατά τε τὰς ἀρχὰς καὶ πρεσβείας πολύ τι πλῆθος χρημάτων χειρίζοντες δι’ αὐτῆς τῆς κατὰ τὸν ὅρκον πίστεως, τηροῦσι τὸ καθῆκον. Polyb. lib. 6. p. 693.I have called ἀντιγραφεῖς, notary publick, because that office answers the idea much better, in my opinion, thancontralotulator, from which may possibly be derived our comptroller, which, I think, is by no means what is here meant.

I have called ἀντιγραφεῖς, notary publick, because that office answers the idea much better, in my opinion, thancontralotulator, from which may possibly be derived our comptroller, which, I think, is by no means what is here meant.

324Te neque hominum neque deorum pudet, quos perfidia et perjurio violasti. Sall. Fragm. Orat. L. Phil. Cont. Lep. p. 146.

325Μεγίστην δέ μοι δοκεῖ διαφορὰν ἔχειν τὸ Ῥωμαίων πολίτευμα πρὸς τὸ βέλτιον ἐν τῇ περὶ θεῶν διαλήψει. καί μοι δοκεῖ τὸ παρὰ τοῖς ἄλλοις ἀνθρώποις ὀνειδιζόμενον, τοῦτο συνέχειν τὰ Ῥωμαίων πράγματα· λέγω δὲ τὴν δεισιδαιμονίαν. Polyb. lib. 6. p. 692.

326There is indeed little occasion for an apology for this translation. The judicious critick will easily see, that in this passage there is a plain contrast drawn between the manners of the Grecians and the Romans in the time of Polybius. The cause of that difference this able writer justly ascribes to that δεισιδαιμονία, or awful fear of the gods, so strongly inculcated amongst the Romans, and so much despised and ridiculed amongst the Grecians, who were at that time greatly tinctured with the atheism of Epicurus. The instance he selects in proof, drawn from the very different effect of an oath upon the manners of those two people, must convince us beyond a doubt, that by the words τοῖς ἄλλοις ἀνθρώποις ὀνειδιζόμενον, he plainly characterizes his own countrymen. As by “οἱ νῦν εἰκῇ καὶ ἀλόγως ἐκβάλλειν αὐτὰ,” they who now (that is, in his time) inconsiderately and absurdly reject those great sanctions of religion, he evidently points at such of the leading men amongst the Romans, as in his time had embraced the pernicious tenets of Epicurus. For though he had stigmatized the Carthaginians immediately before their avarice and lust of gain, yet no man knew better than Polybius, that the Carthaginians rather exceeded the Romans in superstition. That they were sincere too in their belief, is evident from that most horrible method, by which they expressed their δεισιδαιμονία, which was their frequent sacrifices of great numbers of their own children (those of the very first families not excepted) to their god Moloch, who, by the Greeks and Romans, was termed Chronos and Saturn.I thought this remark might not be unuseful, because as none of the commentators have taken any notice of it, so neither Casaubon, nor any translator I have yet met with, seems to have given us the true spirit and meaning of this remarkable passage.

I thought this remark might not be unuseful, because as none of the commentators have taken any notice of it, so neither Casaubon, nor any translator I have yet met with, seems to have given us the true spirit and meaning of this remarkable passage.

327Ἐπὶ τοσοῦτον γὰρ ἐκτετραγῴδηται καὶ παρεισῆκται τοῦτο τὸ μέρος παρ’ αὐτοῖς εἴς τε τοὺς κατ’ ἰδίαν βίους, καὶ τὰ κοινὰ τῆς πόλεως, ὥστε μὴ καταλιπεῖν ὑπερβολήν. Ibid.

328Διόπερ οἱ παλαιοὶ δοκοῦσί μοι εἰκῇ καὶ ὡς ἔτυχεν εἰς τὰ πλήθη παρεισαγαγεῖν, πολὺ δὲ μᾶλλον οἱ νῦν εἰκῇ καὶ ἀλόγως ἐκβάλλειν αὐτὰ. Lib. 6. p. 693.

329But as soon as Epicurus and his followers began to weaken the foundation and principles of religion, by calling them in question, all manner of immorality came rolling in like a mighty torrent, and threw down the banks of law and sobriety. Lawrence, M. A.

330Justin. lib. 18. c. 5.

331Termed consuls by the Romans,susetesby the Carthaginians.

332Οὐ γὰρ μόνον ἀριστίνδην, ἀλλὰ καὶ πλουτίνδην οἴονται δεῖν αἱρεῖσθαι τοὺς ἄρχοντας. Arist. de Repub. lib. 2. p. 234. c. 11.

333Αἱροῦνται γὰρ εἰς δύο ταῦτα βλέποντες (τὸν πλοῦτον, scil. καὶ τὴν ἀρετὴν) καὶ μάλιστα τὰς μεγίστας, τούς τε Βασιλεῖς καὶ τοὺς στρατηγοὺς. Ibid. p. 335.

334Ἔχει δὲ πολιτεία τῶν Καρχηδονίων παραπλήσια τῇ Λακωνικῇ πολιτείᾳ τὰ μὲν συσσίτια τῶν ἑταιριῶν τοῖς φιδιτίοις· τὴν δὲ τῶν ἑκατὸν καὶ τεττάρων ἀρχὴν, τοῖς Ἐφόροις, πλὴν οὐ χεῖρον. Οἱ μὲν γὰρ, ἐκ τῶν τυχόντων εἰσὶ. Ταύτην δ’ αἱροῦνται τὴν ἀρχὴν ἀριστίνδην. Ibid. p. 334.

335—Τὸ δ’ ἀμίσθους καὶ μὴ κληρωτὰς ἀριστοκρατικὸν θετέον, καὶ εἴτε τοιοῦτον ἕτερον. Ibid.

336—Τὸ δὲ τὰς πενταρχίας κυρίας οὔσας πολλῶν καὶ μεγάλων, ὑφ’ αὑτῶν αἱρετὰς εἶναι, καὶ τὴν τῶν ἑκατὸν ταύτας αἱρεῖσθαι τὴν μεγίστην ἀρχήν. ἔτι δὲ ταύτας πλείονα ἄρχειν χρόνον τῶν ἄλλων (καὶ γὰρ ἐξεληλυθότες ἄρχουσι, καὶ μέλλοντες) ὀλιγαρχικὸν. Ibid.

337—Σημεῖον δὲ πολιτείας συντεταγμένης, τὸ τὸν δῆμον ἔχουσαν, διαμένειν ἐν τῇ τάξει τῆς πολιτεῖας, καὶ μήτε στάσιν, ὅτι γὰρ ἄξιον εἰπεῖν, γεγενῆσθαι, μήτε Τύραννον. Ibid.

338Τὸ μὲν προσάγειν, τὸ δὲ μὴ προσάγειν πρὸς τὸν δῆμον, οἱ Βασιλεῖς κύριοι μετὰ τῶν γερόντων, ἂν ὁμογνωμονῶσι πάντες. εἰ δὲ μή, καὶ τούτων ὁ δῆμος. Ἃ δὲ ἂν εἰσφέρωσιν οὗτοι οὐ διακοῦσαι μόνον ἀποδιδόασι τῷ δήμῳ τὰ δόξαντα τοῖς ἄρχουσιν, ἀλλὰ κύριοι κρίνειν εἰσὶ· καὶ τῷ βουλομένῳ τοῖς εἰσφερομένοις ἀντειπεῖν ἔξεστιν. Ὅπερ ἐν ταῖς ἑτέραις πολιτείαις οὐκ ἔστι. Ibid. pag. 334.

339The idol to whom the Carthaginians sacrificed their children was the Molock of the Canaanites, from whom they were lineally descended. This idol was the Chronos of the Greeks, and Saturn of the Latins.

340Plut. de Superstit. p. 171.

341Diodor. Sicul. lib. 20. p. 739.

342Id. ibid.

343This institution has been adopted since, by the Greek and Latin churches. The only difference in the punishment is, that the ancient vestals were buried alive, the modern vestals are immured between four walls.

344Polybius informs us, that when the Romans took a city by storm, they not only put all the men to the sword, but even quartered the dogs, and hewed off the limbs of every other living creature they found in the place.Πολλάκις ἰδεῖν ἐστιν ἐν ταῖς τῶν Ῥωμαίων καταλήψεσι τῶν πόλεων, οὐ μόνους τοὺς ἀνθρώπους πεφονευμένους, ἀλλὰ τοὺς κύνας δεδιχοτομένους, καὶ τῶν ἄλλων ζώων μέλη παρακεκομμένα. Polyb. lib. 10. p. 820.

Πολλάκις ἰδεῖν ἐστιν ἐν ταῖς τῶν Ῥωμαίων καταλήψεσι τῶν πόλεων, οὐ μόνους τοὺς ἀνθρώπους πεφονευμένους, ἀλλὰ τοὺς κύνας δεδιχοτομένους, καὶ τῶν ἄλλων ζώων μέλη παρακεκομμένα. Polyb. lib. 10. p. 820.

345Sallust. de Bell. Jugurth. p. 126....27.

346Grandeur des Romains, p. 68, &c.

347In fidem populi Romani sese dedere. Vide Polyb. Exerpt. Legat. p. 1114, 15.

348Ibid. p. 1349, 50.

349Appian. de Bell. Pun. p. 82.

350Grandeur des Romains, p. 34.

351When the Roman ambassadours, soon after the loss of Saguntum, solicited an alliance with the Volsicani, a people of Spain, that people seemed astonished at the effrontery of the Romans, and bid them go and seek for allies amongst those nations who had never heard of the destruction of Saguntum, which, as they assured them, would be a melancholy and striking warning to the Spaniards how they ever placed any confidence in the good faith and friendship of the Romans. Liv. lib. 21. c. 19. p. 144.

352Polyb. lib. 3. p. 270. et seq.

353It has been asked—for what reason? I answer, Livy will inform us in the 22d book of his history.—“The studied delay of Fabius (who industriously avoided fighting) which according to that historian, gave such just cause of uneasiness to Hannibal, was treated at Rome with the utmost contempt by the citizens of every rank both military and civil; particularly after the general of the horse Minucius had gained some slight advantage over Hannibal during his absence.”—He adds, “that two unlucky incidents concurred to augment the displeasure of the citizens against the dictator. One was the artful behaviour of Hannibal; who wasted all the country around with fire and sword, the estate of Fabius alone excepted, which he carefully preserved, in hopes that such a different treatment might be thought the effect of some clandestine correspondence between the two commanders.”—The other was—his settling an exchange of prisoners with Hannibal by his own proper authority, and by the same cartel which had subsisted between the Roman and Carthaginian generals in the first Punick war. By that it was agreed: that if any prisoners should remain on either side, after the exchange of man for man was finished, such prisoners should be redeemed at the rate of two pounds and a half of silver for each soldier. When the exchange was made, two hundred and forty-seven Roman prisoners remained to be ransomed.—But as the senate hesitated greatly at passing a decree for the payment of the stipulated sum, because the dictator had not consulted them upon the occasion; he sold those very lands which Hannibal had left untouched, and discharged the debt due from the publick out of his own private fortune.—Whether these were the only reasons or not; yet, they had evidently such an effect upon the Romans, that Fabius seems to have been at that time the object of their resentment, which they never failed to give proofs of upon every occasion.—Thus when Fabius opened the campaign, his cautious conduct was so disagreeable to the officers as well as soldiers, who listened wholly to the idle boasts of Minucius; that if the choice of their commander had depended upon the voices of the military men, Minucius, as Livy affirms, would undoubtedly have been preferred to Fabius. The same historian tells us; that when Fabius returned to Rome to preside as dictator at their religious ceremonies the tribunes of the people inveighed so bitterly against him in their publick harangues, that he refrained from coming to their assemblies.—Even what he spoke in the senate met with a very indifferent reception, especially when he extolled the conduct and abilities of Hannibal, and enumerated the repeated defeats they had received for the two last years through the rashness and incapacity of their own commanders.—When Fabius returned to the camp he received a much more mortifying proof of their displeasure. For they raised Minucius to an equality with him in the command, an act for which there had been no precedent since the first erection of the dictatorial office.—Nor did their enmity to Fabius subside until after the fatal defeat at Cannæ. For the worthless Varro obtained not only the consulship, but what is still more extraordinary, even the confidence of the greater part of the senate, and almost the whole army by railing at Fabius and Fabian measures, and out boasting Minucius. I have showed above from Polybius what trust the majority of the senate reposed in Varro. But I cannot omit a remarkable instance, which Livy gives us, of the absurd and fatal partiality of the military men to Varro, in opposition to Æmilius, who avowedly followed the advice of Fabius.—In a council of war, says that historian, held a little before the battle of Cannæ, when each consul persisted firmly in his former opinion; Æmilius adhering to Fabius’s plan for avoiding fighting; Varro to his resolution of engaging the enemy immediately; Servilius one of the consuls of the former year was the only one who joined Æmilius, the rest declared for Varro.

354Above eighty thousand, according to Dionysius of Halicarnassus.

355Polyb. lib. 3. p. 370.

356Liv. lib. 22. p. 242.

357Polyb. lib. 6. p. 688.

358Our method of trying delinquents, either in the land or sea service, by a court-martial composed of their respective officers, has been judged liable to many objections, and has occasioned no little discontent in the nation. For as their inquiry is restricted to a particular set of articles in each service, I don't see how a commanding officer, vested with a discretionary power of acting, can strictly or properly come under their cognizance, or be ever liable to their censure, unless he is proved guilty of a direct breach of any one of those articles. But as a commander in chief may easily avoid an offence of that nature, and yet, upon the whole of his conduct in any expedition, be highly culpable; a court-martial, thus circumscribed in their power of inquiry, can never be competent judges in a cause where they are denied a proper power of examining into the real demerits of the supposed offender. Much has been said about trying offences of this nature, like other criminal cases, by juries: a scheme which, at the very first sight, must appear absurd and impracticable to the rational and unprejudiced.As therefore instruction is the true end and use of all history, I shall take the liberty of offering a scheme, drawn from that wise and salutary institution of the Carthaginians, which is,—“that a select standing committee be appointed, to be composed of an equal number of members of both houses, chosen annually by balloting, with a full power of inquiring into the conduct of all commanders in chief, without any restraint of articles of war; and that, after a proper examination, the committee shall refer the case, with their opinion upon it, to the decision of his majesty.”This scheme seems to me the least liable to objections of any I have yet met with. For if the numbers are chosen by balloting, they will be less liable to the influence of party. If they are chosen annually, and refer the case to the decision of the crown, which is the fountain of justice as well as mercy, they will neither encroach upon the royal prerogative, nor be liable to that signal defect in the Carthaginian committee, which sat for life, and whose sentence was final without appeal.

As therefore instruction is the true end and use of all history, I shall take the liberty of offering a scheme, drawn from that wise and salutary institution of the Carthaginians, which is,—“that a select standing committee be appointed, to be composed of an equal number of members of both houses, chosen annually by balloting, with a full power of inquiring into the conduct of all commanders in chief, without any restraint of articles of war; and that, after a proper examination, the committee shall refer the case, with their opinion upon it, to the decision of his majesty.”

This scheme seems to me the least liable to objections of any I have yet met with. For if the numbers are chosen by balloting, they will be less liable to the influence of party. If they are chosen annually, and refer the case to the decision of the crown, which is the fountain of justice as well as mercy, they will neither encroach upon the royal prerogative, nor be liable to that signal defect in the Carthaginian committee, which sat for life, and whose sentence was final without appeal.

359Diodor. Sicul. lib. 20. p. 739.

360Polyb. Hist. lib. 6. p. 628.

361Id. ibid. p. 638-9.

362Polyb. lib. 3. p. 223.

363Δημοκρατία θηριώδης. Polyb. p. 638.

364Πολιτειῶν ἀνακύκλωσις. Polyb. p. 637.

365Xenophon, de Republ. Athen.

366Esprit des loix, vol. 2. p. 3.

367The king of Prussia.

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