The common law, as it then prevailed in England, was in a great measure composed of some remnants of the old Saxon customs, joined to the feudal institutions brought in at the Norman conquest. And it is here to be observed, that the constitutions of Magna Charta are by no means a renewal of the laws of St. Edward, or the ancient Saxon laws, as our historians and law-writers generally, though very groundlessly, assert. They bear no resemblance, in any particular, to the laws of St. Edward, or to any other collection of these ancient institutions. Indeed, how should they? The object of Magna Charta is the correction of the feudal policy, which was first introduced, at least in any regular form, at the Conquest, and did not subsist before it. It may be further observed, that in the preamble to the Great Charter it is stipulated, that the barons shall HOLD the liberties, there granted TO THEM AND THEIR HEIRS, from THE KING AND HIS HEIRS; which shows, that the doctrine of an unalienable tenure was always uppermost in their minds. Their idea even of liberty was not (if I may use the expression) perfectly free; and they did not claim to possess their privileges upon any natural principle or independent bottom, but, just as they held their lands, from the king. This is worthy of observation. By the feudal law all landed property is, by a feigned conclusion, supposed to be derived, and therefore to be mediately or immediately held, from the Crown. If some estates were so derived, others were certainly procured by the same original title of conquest, by which the crown itself was acquired; and the derivation from the king could in reason only be considered as a fiction of law. But its consequent rights being once supposed, many real charges and burthens grew from a fiction made only for the preservation of subordination; and in consequence of this, a great power was exercised over the persons and estates of the tenants. The fines on the succession to an estate, called in the feudal language "Reliefs," were not fixed to any certainty; and were therefore frequently made so excessive, that they might rather be considered as redemptions, or new purchases, than acknowledgments of superiority and tenure. With respect to that most important article of marriage, there was, in the very nature of the feudal holding, a great restraint laid upon it. It was of importance to the lord, that the person, who received the feud, should be submissive to him; he had therefore a right to interfere in the marriage of the heiress, who inherited the feud. This right was carried further than the necessity required; the male heir himself was obliged to marry according to the choice of his lord: and even widows, who had made one sacrifice to the feudal tyranny, were neither suffered to continue in the widowed state, nor to choose for themselves the partners of their second bed. In fact, marriage was publicly set up to sale. The ancient records of the exchequer afford many instances where some women purchased, by heavy fines, the privilege of a single life; some the free choice of a husband; others the liberty of rejecting some person particularly disagreeable. And, what may appear extraordinary, there are not wanting examples, where a woman has fined in a considerable sum, that she might not be compelled to marry a certain man; the suitor on the other hand has outbid her; and solely by offering more for the marriage than the heiress could to prevent it, he carried his point directly and avowedly against her inclinations. Now, as the king claimed no right over his immediate tenants, that they did not exercise in the same, or in a more oppressive manner over their vassals, it is hard to conceive a more general and cruel grievance than this shameful market, which so universally outraged the most sacred relations among mankind. But the tyranny over women was not over with the marriage. As the king seized into his hands the estate of every deceased tenant in order to secure his relief, the widow was driven often by a heavy composition to purchase the admission to her dower, into which it should seem she could not enter without the king's consent.
All these were marks of a real and grievous servitude. The Great Charter was made not to destroy the root, but to cut short the overgrown branches, of the feudal service; first, in moderating, and in reducing to a certainty, the reliefs, which the king's tenants paid on succeeding to their estate according to their rank; and secondly, in taking off some of the burthens, which had been laid on marriage, whether compulsory or restrictive, and thereby preventing that shameful market, which had been made in the persons of heirs, and the most sacred things amongst mankind.
There were other provisions made in the Great Charter, that went deeper than the feudal tenure, and affected the whole body of the civil government. A great part of the king's revenue then consisted in the fines and amercements, which were imposed in his courts. A fine was paid there for liberty to commence, or to conclude a suit. The punishment of offences by fine was discretionary; and this discretionary power had been very much abused. But by Magna Charta things were so ordered, that a delinquent might be punished, but not ruined, by a fine or amercement, because the degree of his offence, and the rank he held, were to be taken into consideration. His freehold, his merchandise, and those instruments, by which he obtained his livelihood, were made sacred from such impositions. A more grand reform was made with regard to the administration of justice. The kings in those days seldom resided long in one place, and their courts followed their persons. This erratic justice must have been productive of infinite inconvenience to the litigants. It was now provided, that civil suits, called COMMON PLEAS, should be fixed to some certain place. Thus one branch of jurisdiction was separated from the king's court, and detached from his person. They had not yet come to that maturity of jurisprudence as to think this might be made to extend to criminal law also; and that the latter was an object of still greater importance. But even the former may be considered as a great revolution. A tribunal, a creature of mere law, independent of personal power, was established, and this separation of a king's authority from his person was a matter of vast consequence towards introducing ideas of freedom, and confirming the sacredness and majesty of laws.
But the grand article, and that which cemented all the parts of the fabric of liberty, was this: "that no freeman shall be taken or imprisoned, or disseized, or outlawed, or banished, or in any wise destroyed, but by judgment of his peers."
There is another article of nearly as much consequence as the former, considering the state of the nation at that time, by which it is provided, that the barons shall grant to their tenants the same liberties which they had stipulated for themselves. This prevented the kingdom from degenerating into the worst imaginable government, a feudal aristocracy. The English barons were not in the condition of those great princes, who had made the French monarchy so low in the preceding century; or like those, who reduced the imperial power to a name. They had been brought to moderate bounds by the policy of the first and second Henrys, and were not in a condition to set up for petty sovereigns by an usurpation equally detrimental to the Crown and the people. They were able to act only in confederacy; and this common cause made it necessary to consult the common good, and to study popularity by the equity of their proceedings. This was a very happy circumstances to the growing liberty.
Before the period of which we are going to treat, England was little known or considered in Europe. Their situation, their domestic calamities, and their ignorance, circumscribed the views and politics of the English within the bounds of their own island. But the Norman conqueror threw down all these barriers. The English laws, manners, and maxims, were suddenly changed; the scene was enlarged; and the communication with the rest of Europe being thus opened, has been preserved ever since in a continued series of wars and negotiations. That we may therefore enter more fully into the matters which lie before us, it is necessary that we understand the state of the neighbouring continent at the time when this island first came to be interested in its affairs.
The northern nations, who had overrun the Roman empire, were at first rather actuated by avarice than ambition, and were more intent upon plunder than conquest; they were carried beyond their original purposes, when they began to form regular governments, for which they had been prepared by no just ideas of legislation. For a long time, therefore, there was little of order in their affairs, or foresight in their designs. The Goths, the Burgundians, the Franks, the Vandals, the Suevi, after they had prevailed over the Roman empire, by turns prevailed over each other in continual wars, which were carried on upon no principles of a determinate policy, entered into upon motives of brutality and caprice, and ended as fortune and rude violence chanced to prevail. Tumult, anarchy, confusion, overspread the face of Europe; and an obscurity rests upon the transactions of that time, which suffers us to discover nothing but its extreme barbarity.
Before this cloud could be dispersed, the Saracens, another body of barbarians from the south, animated by a fury not unlike that, which gave strength to the northern irruptions, but heightened by enthusiasm, and regulated by subordination and uniform policy, began to carry their arms, their manners, and religion into every part of the universe. Spain was entirely overwhelmed by the torrent of their armies; Italy, and the islands, were harassed by their fleets, and all Europe alarmed by their vigorous and frequent enterprises. Italy, who had so long sat the mistress of the world, was by turns the slave of all nations. The possession of that fine country was hotly disputed between the Greek emperor and the Lombards, and it suffered infinitely by that contention. Germany, the parent of so many nations, was exhausted by the swarms she had sent abroad. However, in the midst of this chaos there were principles at work, which reduced things to a certain form, and gradually unfolded a system, in which the chief movers and main springs were the papal and the imperial powers; the aggrandisement or diminution of which have been the drift of almost all the politics, intrigues, and wars, which have employed and distracted Europe to this day.
From Rome the whole western world had received its Christianity. She was the asylum of what learning had escaped the general desolation; and even in her ruins she preserved something of the majesty of her ancient greatness. On these accounts she had a respect and a weight, which increased every day amongst a simple religious people, who looked but a little way into the consequences of their actions. The rudeness of the world was very favourable for the establishment of an empire of opinion. The moderation with which the popes at first exerted this empire, made its growth unfelt until it could no longer be opposed. And the policy of later popes, building on the piety of the first, continually increased it; and they made use of every instrument but that of force. They employed equally the virtues and the crimes of the great; they favoured the lust of kings for absolute authority, and the desire of subjects for liberty; they provoked war, and mediated peace; and took advantage of every turn in the minds of men, whether of a public or private nature, to extend their influence, and push their power from ecclesiastical to civil; from subjection to independency; from independency to empire.
France had many advantages over the other parts of Europe. The Saracens had no permanent success in that country. The same hand, which expelled those invaders, deposed the last of a race of heavy and degenerate princes, more like eastern monarchs than German leaders, and who had neither the force to repel the enemies of their kingdom, nor to assert their own sovereignty. This usurpation placed on the throne princes of another character; princes, who were obliged to supply their want of title by the vigour of their administration. The French monarch had need of some great and respected authority to throw a veil over his usurpation, and to sanctify his newly-acquired power by those names and appearances, which are necessary to make it respectable to the people. On the other hand, the pope, who hated the Grecian empire, and equally feared the success of the Lombards, saw with joy this new star arise in the north, and gave it the sanction of his authority. Presently after he called it to his assistance. Pepin passed the Alps, relieved the pope, and invested him with the dominion of a large country in the best part of Italy.
Charlemagne pursued the course which was marked out for him, and put an end to the Lombard kingdom, weakened by the policy of his father, and the enmity of the popes, who never willingly saw a strong power in Italy. Then he received from the hand of the pope the imperial crown, sanctified by the authority of the Holy See, and with it the title of emperor of the Romans; a name venerable from the fame of the old empire, and which was supposed to carry great and unknown prerogatives; and thus the empire rose again out of its ruins in the West; and what is remarkable, by means of one of those nations which had helped to destroy it. If we take in the conquests of Charlemagne, it was also very near as extensive as formerly; though its constitution was altogether different, as being entirely on the northern model of government.
From Charlemagne the pope received in return an enlargement and a confirmation of his new territory. Thus the papal and imperial powers mutually gave birth to each other. They continued for some ages, and, in some measure, still continue closely connected, with a variety of pretensions upon each other, and on the rest of Europe. Though the imperial power had its origin in France, it was soon divided into two branches, the Gallic and the German. The latter alone supported the title of empire; but the power being weakened by this division, the papal pretensions had the greater weight. The pope, because he first revived the imperial dignity, claimed a right of disposing of it, or at least of giving validity to the election of the emperor. The emperor, on the other hand, remembering the rights of those sovereigns, whose title he bore, and how lately the power, which insulted him with such demands, had arisen from the bounty of his predecessors, claimed the same privileges in the election of a pope. The claims of both were somewhat plausible; and they were supported, the one by force of arms, and the other by ecclesiastical influence, powers which in those days were very nearly balanced. Italy was the theatre upon which this prize was disputed. In every city the parties in favour of each of the opponents were not far from an equality in their numbers and strength. Whilst these parties disagreed in the choice of a master, by contending for a choice in their subjection, they grew imperceptibly into freedom, and passed through the medium of faction and anarchy into regular commonwealths. Thus arose the republics of Venice, of Genoa, of Florence, Sienna, and Pisa, and several others. These cities, established in this freedom, turned the frugal and ingenious spirit contracted in such communities to navigation and traffic; and pursuing them with skill and vigour, whilst commerce was neglected and despised by the rustic gentry of the martial governments, they grew to a considerable degree of wealth, power, and civility.
The Danes, who in this latter time preserved the spirit and the numbers of the ancient Gothic people, had seated themselves in England, in the Low Countries, and in Normandy. They passed from thence to the southern part of Europe, and in this romantic age gave rise in Sicily and Naples to a new kingdom, and a new line of princes.
All the kingdoms on the continent of Europe were governed nearly in the same form; from whence arose a great similitude in the manners of their inhabitants. The feodal discipline extended itself everywhere, and influenced the conduct of the courts, and the manners of the people, with its own irregular martial spirit. Subjects, under the complicated laws of a various and rigorous servitude, exercised all the prerogatives of sovereign power. They distributed justice, they made war and peace at pleasure. The sovereign, with great pretensions, had but little power; he was only a greater lord among great lords, who profited of the differences of his peers; therefore no steady plan could be well pursued, either in war or peace. This day a prince seemed irresistible at the head of his numerous vassals, because their duty obliged them to war, and they performed this duty with pleasure. The next day saw this formidable power vanish like a dream, because this fierce undisciplined people had no patience, and the time of the feudal service was contained within very narrow limits. It was therefore easy to find a number of persons at all times ready to follow any standard, but it was hard to complete a considerable design, which required a regular and continued movement. This enterprising disposition in the gentry was very general, because they had little occupation or pleasure but in war; and the greatest rewards did then attend personal valour and prowess. All that professed arms, became in some sort on an equality. A knight was the peer of a king; and men had been used to see the bravery of private persons opening a road to that dignity. The temerity of adventurers was much justified by the ill order of every state, which left it a prey to almost any who should attack it with sufficient vigour. Thus, little checked by any superior power, full of fire, impetuosity, and ignorance, they longed to signalize themselves wherever an honourable danger called them; and wherever that invited, they did not weigh very deliberately the probability of success. The knowledge of this general disposition in the minds of men will naturally remove a great deal of our wonder at seeing an attempt, founded on such slender appearances of right, and supported by a power so little proportioned to the undertaking as that of William, so warmly embraced and so generally followed, not only by his own subjects, but by all the neighbouring potentates. The counts of Anjou, Bretagne, Ponthieu, Boulogne, and Poictou, sovereign princes; adventurers from every quarter of France, the Netherlands, and the remotest parts of Germany, laying aside their jealousies and enmities to one another, as well as to William, ran with an inconceivable ardour into this enterprise; captivated with the splendour of the object, which obliterated all thoughts of the uncertainty of the event. William kept up this fervour by promises of large territories to all his allies and associates in the country to be reduced by their united efforts. But after all it became equally necessary to reconcile to his enterprise the three great powers, of whom we have just spoken, whose disposition must have had the most influence on his affairs.
His feudal lord the king of France was bound by his most obvious interests to oppose the further aggrandisement of one already too potent for a vassal; but the king of France was then a minor; and Baldwin, earl of Flanders, whose daughter William had married, was regent of the kingdom. This circumstance rendered the remonstrance of the French council against his design of no effect; indeed the opposition of the council itself was faint; the idea of having a king under vassalage to their crown might have dazzled the more superficial courtiers; whilst those, who thought more deeply, were unwilling to discourage an enterprise, which they believed would probably end in the ruin of the undertaker. The emperor was in his minority, as well as the king of France; but by what arts the duke prevailed upon the imperial council to declare in his favour, whether or no by an idea of creating a balance to the power of France, if we can imagine that any such idea then subsisted, is altogether uncertain; but it is certain, that he obtained leave for the vassals of the empire to engage in his service, and that he made use of this permission. The pope's consent was obtained with still less difficulty. William had shown himself in many instances a friend to the church, and a favourer of the clergy. On this occasion he promised to improve those happy beginnings in proportion to the means he should acquire by the favour of the Holy See. It is said that he even proposed to hold his new kingdom as a fief from Rome. The pope, therefore, entered heartily into his interests; he excommunicated all those that should oppose his enterprise, and sent him, as a means of ensuring success, a consecrated banner.
That Britain was first peopled from Gaul, we are assured by the best proofs: proximity of situation, and resemblance in language and manners. Of the time in which this event happened, we must be contented to remain in ignorance, for we have no monuments. But we may conclude that it was a very ancient settlement, since the Carthaginians found this island inhabited when they traded hither for tin; as the Phoenicians, whose tracks they followed in this commerce, are said to have done long before them. It is true, that when we consider the short interval between the universal deluge and that period, and compare it with the first settlement of men at such a distance from this corner of the world, it may seem not easy to reconcile such a claim to antiquity with the only authentic account we have of the origin and progress of mankind; especially as in those early ages the whole face of nature was extremely rude and uncultivated; when the links of commerce, even in the countries first settled, were few and weak; navigation imperfect; geography unknown; and the hardships of travelling excessive. But the spirit of migration, of which we have now only some faint ideas, was then strong and universal; and it fully compensated all these disadvantages. Many writers indeed imagine, that these migrations, so common in the primitive times, were caused by the prodigious increase of people beyond what their several territories could maintain. But this opinion, far from being supported, is rather contradicted by the general appearance of things in that early time, when in every country vast tracts of land were suffered to lie almost useless in morasses and forests. Nor is it, indeed, more countenanced by the ancient modes of life, no way favourable to population. I apprehend that these first settled countries, so far from being overstocked with inhabitants, were rather thinly peopled; and that the same causes, which occasioned that thinness, occasioned also those frequent migrations, which make so large a part of the first history of almost all nations. For in these ages men subsisted chiefly by pasturage or hunting. These are occupations which spread the people without multiplying them in proportion; they teach them an extensive knowledge of the country, they carry them frequently and far from their homes, and weaken those ties which might attach them to any particular habitation.
It was in a great degree from this manner of life, that mankind became scattered in the earliest times over the whole globe. But their peaceful occupations did not contribute so much to that end, as their wars, which were not the less frequent and violent because the people were few, and the interests for which they contended of but small importance. Ancient history has furnished us with many instances of whole nations, expelled by invasion, falling in upon others, which they have entirely overwhelmed; more irresistible in their defeat and ruin than in their fullest prosperity. The rights of war were then exercised with great inhumanity. A cruel death, or a servitude scarcely less cruel, was the certain fate of all conquered people; the terror of which hurried men from habitations to which they were but little attached, to seek security and repose under any climate, that however in other respects undesirable, might afford them refuge from the fury of their enemies. Thus the bleak and barren regions of the north, not being peopled by choice, were peopled as early, in all probability, as many of the milder and more inviting climates of the southern world, and thus, by a wonderful disposition of the Divine Providence, a life of hunting, which does not contribute to increase, and war, which is the great instrument in the destruction of men, were the two principal causes of their being spread so early and so universally over the whole earth. From what is very commonly known of the state of North America, it need not be said, how often, and to what distance, several of the nations on that continent are used to migrate; who, though thinly scattered, occupy an immense extent of country. Nor are the causes of it less obvious—their hunting life, and their inhuman wars.
Such migrations, sometimes by choice, more frequently from necessity, were common in the ancient world. Frequent necessities introduced a fashion, which subsisted after the original causes. For how could it happen, but from some universally established public prejudice, which always overrules and stifles the private sense of men, that a whole nation should deliberately think it a wise measure to quit their country in a body, that they might obtain in a foreign land a settlement, which must wholly depend upon the chance of war? Yet this resolution was taken, and actually pursued by the entire nation of the Helvetii, as it is minutely related by Caesar. The method of reasoning which led them to it, must appear to us at this day utterly inconceivable; they were far from being compelled to this extraordinary migration by any want of subsistence at home; for it appears that they raised without difficulty as much corn in one year as supported them for two; they could not complain of the barrenness of such a soil.
This spirit of migration, which grew out of the ancient manners and necessities, and sometimes operated like a blind instinct, such as actuates birds of passage, is very sufficient to account for the early habitation of the remotest parts of the earth; and in some sort also justifies that claim which has been so fondly made by almost all nations to great antiquity. Gaul, from whence Britain was originally peopled, consisted of three nations; the Belgae towards the north; the Celtae in the middle countries; and the Aquitani to the south. Britain appears to have received its people only from the two former. From the Celtae were derived the most ancient tribes of the Britons, of which the most considerable were called Brigantes. The Belgae, who did not even settle in Gaul until after Britain had been peopled by colonies from the former, forcibly drove the Brigantes into the inland countries, and possessed the greatest part of the coast, especially to the south and west. These latter, as they entered the island in a more improved age, brought with them the knowledge and practice of agriculture, which however only prevailed in their own countries; the Brigantes still continued their ancient way of life by pasturage and hunting. In this respect alone they differed; so that what we shall say in treating of their manners is equally applicable to both. And though the Britons were further divided into an innumerable multitude of lesser tribes and nations, yet all being the branches of these two stocks, it is not to our purpose to consider them more minutely.
Britain was in the time of Julius Caesar, what it is at this day in climate and natural advantages, temperate, and reasonably fertile. But destitute of all those improvements, which in a succession of ages it has received from ingenuity, from commerce, from riches and luxury, it then wore a very rough and savage appearance. The country, forest or marsh; the habitations, cottages; the cities, hiding-places in woods; the people, naked, or only covered with skins; their sole employment, pasturage and hunting. They painted their bodies for ornament or terror, by a custom general among all savage nations; who being passionately fond of show and finery, and having no object but their naked bodies on which to exercise this disposition, have in all times painted or cut their skins, according to their ideas of ornament. They shaved the beard on the chin; that on the upper lip was suffered to remain, and grow to an extraordinary length, to favour the martial appearance, in which they placed their glory. They were in their natural temper not unlike the Gauls; impatient, fiery, inconstant, ostentatious, boastful, fond of novelty; and like all barbarians, fierce, treacherous, and cruel. Their arms were short javelins, small shields of a slight texture, and great cutting swords with a blunt point, after the Gaulish fashion.
Their chiefs went to battle in chariots, not unartfully contrived, nor unskilfully managed. I cannot help thinking it something extraordinary, and not easily to be accounted for, that the Britons should have been so expert in the fabric of those chariots, when they seem utterly ignorant in all other mechanic arts: but thus it is delivered to us. They had also horse, though of no great reputation in their armies. Their foot was without heavy armour; it was no firm body; nor instructed to preserve their ranks, to make their evolutions, or to obey their commanders; but in tolerating hardships, in dexterity of forming ambuscades (the art military of savages), they are said to have excelled. A natural ferocity, and an impetuous onset, stood them in the place of discipline.
Public prosecutions are become little better than schools for treason; of no use but to improve the dexterity of criminals in the mystery of evasion; or to show with what complete impunity men may conspire against the commonwealth; with what safety assassins may attempt its awful head. Everything is secure, except what the laws have made sacred; everything is tameness and languor that is not fury and faction. Whilst the distempers of a relaxed fibre prognosticate and prepare all the morbid force of convulsion in the body of the state, the steadiness of the physician is overpowered by the very aspect of the disease. The doctor of the constitution, pretending to underrate what he is not able to contend with, shrinks from his own operation. He doubts and questions the salutary but critical terrors of the cautery and the knife. He takes a poor credit even from his defeat, and covers impotence under the mask of lenity. He praises the moderation of the laws, as, in his hands, he sees them baffled and despised. Is all this, because in our day the statutes of the kingdom are not engrossed in as firm a character, and imprinted in as black and legible a type as ever? No! the law is a clear, but it is a dead letter. Dead and putrid, it is insufficient to save the state, but potent to infect and to kill. Living law, full of reason, and of equity and justice (as it is, or it should not exist), ought to be severe and awful too; or the words of menace, whether written on the parchment roll of England, or cut into the brazen tablet of Rome, will excite nothing but contempt. How comes it, that in all the state prosecutions of magnitude, from the Revolution to within these two or three years, the Crown has scarcely ever retired disgraced and defeated from its courts? Whence this alarming change? By a connection easily felt, and not impossible to be traced to its cause, all the parts of the state have their correspondence and consent. They who bow to the enemy abroad, will not be of power to subdue the conspirator at home. It is impossible not to observe, that, in proportion as we approximate to the poisonous jaws of anarchy, the fascination grows irresistible. In proportion as we are attracted towards the focus of illegality, irreligion, and desperate enterprise, all the venomous and blighting insects of the state are awakened into life. The promise of the year is blasted, and shrivelled and burned up before them. Our most salutary and most beautiful institutions yield nothing but dust and smut; the harvest of our law is no more than stubble. It is in the nature of these eruptive diseases in the state to sink in by fits, and re-appear. But the fuel of the malady remains; and in my opinion is not in the smallest degree mitigated in its malignity, though it waits the favourable moment of a freer communication with the source of regicide to exert and to increase its force.
Is it that the people are changed, that the commonwealth cannot be protected by its laws? I hardly think it. On the contrary, I conceive that these things happen because men are not changed, but remain always what they always were; they remain what the bulk of us ever must be, when abandoned to our vulgar propensities, without guide, leader, or control; that is, made to be full of a blind elevation in prosperity; to despise untried dangers; to be overpowered with unexpected reverses; to find no clue in a labyrinth of difficulties, to get out of a present inconvenience with any risk of future ruin; to follow and to bow to fortune; to admire successful though wicked enterprise, and to imitate what we admire; to contemn the government which announces danger from sacrilege and regicide, whilst they are only in their infancy and their struggle, but which finds nothing that can alarm in their adult state, and in the power and triumph of those destructive principles. In a mass we cannot be left to ourselves. We must have leaders. If none will undertake to lead us right, we shall find guides who will contrive to conduct us to shame and ruin.
As to me, I was always steadily of opinion, that this disorder was not in its nature intermittent. I conceived that the contest, once begun, could not be laid down again, to be resumed at our discretion; but that our first struggle with this evil would also be our last. I never thought we could make peace with the system; because it was not for the sake of an object we pursued in rivalry with each other, but with the system itself, that we were at war. As I understood the matter, we were at war not with its conduct, but with its existence; convinced that its existence and its hostility were the same.
The faction is not local or territorial. It is a general evil. Where it least appears in action, it is still full of life. In its sleep it recruits its strength, and prepares its exertion. Its spirit lies deep in the corruption of our common nature. The social order which restrains it, feeds it. It exists in every country in Europe; and among all orders of men in every country, who look up to France as to a common head. The centre is there. The circumference is the world of Europe wherever the race of Europe may be settled. Everywhere else the faction is militant; in France it is triumphant. In France is the bank of deposit, and the bank of circulation, of all the pernicious principles that are forming in every state. It will be a folly scarcely deserving of pity, and too mischievous for contempt, to think of restraining it in any other country whilst it is predominant there. War, instead of being the cause of its force, has suspended its operation. It has given a reprieve, at least, to the Christian world. The true nature of a Jacobin war, in the beginning, was, by most of the Christian powers, felt, acknowledged, and even in the most precise manner declared. In the joint manifesto, published by the emperor and the king of Prussia, on the 4th of August, 1792, it is expressed in the clearest terms, and on principles which could not fail, if they had adhered to them, of classing those monarchs with the first benefactors of mankind. This manifesto was published, as they themselves express it, "to lay open to the present generation, as well as to posterity, their motives, their intentions, and the DISINTERESTEDNESS of their personal views; taking up arms for the purpose of preserving social and political order amongst all civilized nations, and to secure to EACH state its religion, happiness, independence, territories, and real constitution."—"On this ground, they hoped that all empires and all states would be unanimous; and becoming the firm guardians of the happiness of mankind, that they could not fail to unite their efforts to rescue a numerous nation from its own fury, to preserve Europe from the return of barbarism, and the universe from the subversion and anarchy with which it was threatened." The whole of that noble performance ought to be read at the first meeting of any congress, which may assemble for the purpose of pacification. In that peace "these powers expressly renounce all views of personal aggrandisement," and confine themselves to objects worthy of so generous, so heroic, and so perfectly wise and politic an enterprise. It was to the principles of this confederation, and to no other, that we wished our sovereign and our country to accede, as a part of the commonwealth of Europe. To these principles, with some trifling exceptions and limitations, they did fully accede. (See Declaration, Whitehall, October 29, 1793.) And all our friends who took office acceded to the ministry (whether wisely or not), as I always understood the matter, on the faith and on the principles of that declaration.
As long as these powers flattered themselves that the menace of force would produce the effect of force, they acted on those declarations: but when their menaces failed of success, their efforts took a new direction. It did not appear to them that virtue and heroism ought to be purchased by millions of rix-dollars. It is a dreadful truth, but it is a truth that cannot be concealed; in ability, in dexterity, in the distinctness of their views, the Jacobins are our superiors. They saw the thing right from the very beginning. Whatever were the first motives to the war among politicians, they saw that in its spirit, and for its objects, it was a CIVIL WAR; and as such they pursued it. It is a war between the partisans of the ancient, civil, moral, and political order of Europe, against a sect of fanatical and ambitious atheists which means to change them all. It is not France extending a foreign empire over other nations: it is a sect aiming at universal empire, and beginning with the conquest of France. The leaders of that sect secured the CENTRE OF EUROPE; and that secured, they knew, that whatever might be the event of battles and sieges, their CAUSE was victorious. Whether its territory had a little more or a little less peeled from its surface, or whether an island or two was detached from its commerce, to them was of little moment. The conquest of France was a glorious acquisition. That once well laid as a basis of empire, opportunities never could be wanting to regain or to replace what had been lost, and dreadfully to avenge themselves on the faction of their adversaries. They saw it was a CIVIL WAR. It was their business to persuade their adversaries that it ought to be a FOREIGN war. The Jacobins everywhere set up a cry against the new crusade; and they intrigued with effect in the cabinet, in the field, and in every private society in Europe. Their task was not difficult. The condition of princes, and sometimes of first ministers too, is to be pitied. The creatures of the desk, and the creatures of favour, had no relish for the principles of the manifestoes. They promised no governments, no regiments, no revenues from whence emoluments might arise by perquisite or by grant. In truth, the tribe of vulgar politicians are the lowest of our species. There is no trade so vile and mechanical as government in their hands. Virtue is not their habit. They are out of themselves in any course of conduct recommended only by conscience and glory. A large, liberal, and prospective view of the interests of states passes with them for romance; and the principles that recommend it, for the wanderings of a disordered imagination. The calculators compute them out of their senses. The jesters and buffoons shame them out of everything grand and elevated. Littleness in object and in means, to them appears soundness and sobriety. They think there is nothing worth pursuit, but that which they can handle; which they can measure with a two-foot rule; which they can tell upon ten fingers.
Without the principles of the Jacobins, perhaps without any principles at all, they played the game of that faction. There was a beaten road before them. The powers of Europe were armed; France had always appeared dangerous; the war was easily diverted from France as a faction, to France as a state. The princes were easily taught to slide back into their old, habitual course of politics. They were easily led to consider the flames that were consuming France, not as a warning to protect their own buildings (which were without any party-wall, and linked by a contignation into the edifice of France), but as a happy occasion for pillaging the goods, and for carrying off the materials, of their neighbour's house. Their provident fears were changed into avaricious hopes. They carried on their new designs without seeming to abandon the principles of their old policy. They pretended to seek, or they flattered themselves that they sought, in the accession of new fortresses, and new territories, a DEFENSIVE security. But the security wanted was against a kind of power, which was not so truly dangerous in its fortresses nor in its territories, as in its spirit and its principles. They aimed, or pretended to aim, at DEFENDING themselves against a danger from which there can be no security in any DEFENSIVE plan. If armies and fortresses were a defence against jacobinism, Louis the Sixteenth would this day reign a powerful monarch over a happy people.
This error obliged them, even in their offensive operations, to adopt a plan of war, against the success of which there was something little short of mathematical demonstration. They refused to take any step which might strike at the heart of affairs. They seemed unwilling to wound the enemy in any vital part. They acted through the whole, as if they really wished the conservation of the Jacobin power, as what might be more favourable than the lawful government to the attainment of the petty objects they looked for. They always kept on the circumference; and the wider and remoter the circle was, the more eagerly they chose it as their sphere of action in this centrifugal war. The plan they pursued, in its nature demanded great length of time. In its execution, they, who went the nearest way to work, were obliged to cover an incredible extent of country. It left to the enemy every means of destroying this extended line of weakness. Ill success in any part was sure to defeat the effect of the whole. This is true of Austria. It is still more true of England. On this false plan, even good fortune, by further weakening the victor, put him but the further off from his object.
As long as there was any appearance of success, the spirit of aggrandisement, and consequently the spirit of mutual jealousy, seized upon all the coalesced powers. Some sought an accession of territory at the expense of France, some at the expense of each other, some at the expense of third parties; and when the vicissitude of disaster took its turn, they found common distress a treacherous bond of faith and friendship. The greatest skill conducting the greatest military apparatus has been employed; but it has been worse than uselessly employed, through the false policy of the war. The operations of the field suffered by the errors of the cabinet. If the same spirit continues when peace is made, the peace will fix and perpetuate all the errors of the war; because it will be made upon the same false principle. What has been lost in the field, in the field may be regained. An arrangement of peace in its nature is a permanent settlement; it is the effect of counsel and deliberation, and not of fortuitous events. If built upon a basis fundamentally erroneous, it can only be retrieved by some of those unforeseen dispensations, which the all-wise but mysterious Governor of the world sometimes interposes, to snatch nations from ruin. It would not be pious error, but mad and impious presumption, for any one to trust in an unknown order of dispensations, in defiance of the rules of prudence, which are formed upon the known march of the ordinary providence of God.