a complete and formal surrender of the liberty of the nation; and would have been so, although no proclamation were issued in pursuance of these new powers, or none but what was recommended by the highest wisdom and utility. The security was gone*. Were it probable that the welfare and accommodation of the people would be as studiously, and as providently, consulted in the edicts of a despotic prince, as by the resolutions of a popular assembly, then would an absolute form of government be no less free than the purest democracy. The different degree of care and knowledge of the public interest which may reasonably be expected from the different form and composition of the legislature, constitutes the distinction, in respect of liberty, as well between these two extremes, as between all the intermediate modifications of civil government.

The definitions which have been framed of civil liberty, and which have become the subject of much unnecessary altercation, are most of them adapted to this idea. Thus one political writer makes the very essence of the subject's liberty to consist in his being governed by no laws but those to which he hath actually consented; another is satisfied with an indirect and virtual consent; another, again, places civil liberty in the separation of the legislative and executive offices of government; another, in the being governed by law, that is, by known, preconstituted, inflexible rules of action and adjudication; a fifth, in the exclusive right of the people to tax themselves by their own representatives; a sixth, in the freedom and purity of elections of representatives; a seventh, in the control which the democratic party of the constitution possesses over the military establishment. Concerning which, and some other similar accounts of civil liberty, it may be observed, that they all labour under one inaccuracy, viz. that they describe not so much liberty itself, as the safeguards and preservatives of liberty for example, a man's being governed by no laws but those to which he has given his consent, were it practicable, is no otherwise necessary to the enjoyment of civil liberty, than as it affords a probable security against the dictation of laws imposing superfluous restrictions upon his private will. This remark is applicable to the rest. The diversity of these definitions will not surprise us, when we consider that there is no contrariety or opposition amongst them whatever: for, by how many different provisions and precautions civil liberty is fenced and protected, so many different accounts of liberty itself, all sufficiently consistent with truth and with each other, may, according to this mode of explaining the term, be framed and adopted.

Truth cannot be offended by a definition, but propriety may. In which view, those definitions of liberty ought to be rejected, which, by making that essential to civil freedom which is unattainable in experience, inflame expectations that can never be gratified, and disturb the public content with complaints, which no wisdom or benevolence of government

can remove.

It will not be thought extraordinary, that an idea, which occurs so much oftener as the subject of panegyric and careless declamation, than of just reasoning or correct knowledge, should be attended with uncertainty and confusion; or that it should be found impossible to contrive a definition, which may include the numerous, unsettled, and ever-varying significations which the term is made to stand for, and at the same time accord with the condition and experience of social life.

Of the two ideas that have been stated of civil liberty, whichever we assume, and whatever reasoning we found upon them, concerning its extent, nature, value, and preservation, this is the conclusion;-that that people, government, and constitution, is the freest, which makes the best provision for the enacting of expedient and salutary laws.

This statute for the establishment of despotism, 31 Henry VIII. c. 12, continued in force only eight years, being repealed by the 1 Edward VI. c. 12.-Ed.

CHAPTER VI.

OF DIFFERENT FORMS OF GOVERNMENT.

As a series of appeals must be finite, there necessarily exists in every government a power from which the constitution has provided no appeal; and which power, for that reason, may be termed, absolute, omnipotent, uncontrollable, arbitrary, despotic; and is alike so in all countries.

The person, or assembly, in whom this power resides, is called the sovereign, or the supreme power of the state.

Since to the same power universally appertains the office of establishing public laws, it is called also the legislature of the state.

A government receives its denomination from the form of the legislature; which form is likewise what we commonly mean by the constitution of a country.

Political writers enumerate three principal forms of government, which, however, are to be regarded rather as the simple forms, by some combination and intermixture of which all actual governments are composed, than as any where existing in a pure and elementary state. These forms are,

I. Despotism, or absolute MONARCHY, where the legislature is in a single person.

II. An ARISTOCRACY, where the legislature is in a select assembly, the members of which either fill up by election the vacancies in their own body, or succeed to their places in it by inheritance, property, tenure of certain lands, or in respect of some personal right, or qualification.

III. A REPUBLIC, or democracy, where the people at large, either collectively or by representation, constitute the legislature.

The separate advantages of MONARCHY are, unity of counsel, activity, decision, secrecy, despatch, the military strength and energy which result from these qualities of government; the exclusion of popular and aristocratical contentions; the preventing, by a known rule of succession, of all competition for the supreme power; and thereby repressing the hopes, intrigues, and dangerous ambition, of aspiring citizens.

The mischiefs, or rather the dangers, of MONARCHY are, tyranny, expense, exaction, military domination: unnecessary wars, waged to gratify the passions of an individual; risk of the character of the reigning prince; ignorance, in the governors, of the interests and accommodation of the people, and a consequent deficiency of salutary regulations; want of constancy and uniformity in the rules of government, and, proceeding from thence, insecurity of person and property.

The separate advantage of an ARISTOCRACY consists in the wisdom which may be expected from experience and education:-a permanent council naturally possesses experience; and the members who succeed to their places in it by inheritance, will, probably, be trained and educated with a view to the stations which they are destined by their birth to occupy.

The mischiefs of an ARISTOCRACY are, dissensions in the ruling orders of the state, which, from the want of a common superior, are liable to proceed to the most desperate extremities; oppression of the lower orders by the privileges of the higher, and by laws partial to the separate interest of the law-makers.

The advantages of a REPUBLIC are, liberty, or exemption from needless restrictions; equal laws; regulations adapted to the wants and circumstances of the people; public spirit, frugality, averseness to war; the opportunities which democratic assemblies afford to men of every description, of producing their abilities and counsels to public observation, and the exciting thereby, and calling forth to the service of the commonwealth, the faculties of its best citizens.

The evils of a REPUBLIC are, dissension, tumults, faction; the attempts of powerful citizens to possess themselves of the empire; the confusion, rage, and clamour, which are the inevitable consequences of assembling multitudes, and of propounding questions of state to the discussion of the people; the delay and disclosure of public counsels and designs; and the imbecility of measures retarded by the necessity of obtaining the consent of numbers: lastly, the oppression of the provinces which are not admitted to a participation in the legislative power.

A mixed government is composed by the combination of two or more of the simple forms of government above described :—and in whatever proportion each form enters into the constitution of a government, in the same proportion may both the advantages and evils, which we have attributed to that form, be expected: that is, those are the uses to be maintained and cultivated in each part of the constitution, and these are the dangers to be provided against in each. Thus, if secrecy and despatch be truly enumerated amongst the separate excellences of regal government, then a mixed government, which retains monarchy in one part of its constitution, should be careful that the other estates of the empire do not, by an officious and inquisitive interference with the executive functions, which are, or ought to be, reserved to the administration of the prince, interpose delays, or divulge what it is expedient to conceal. On the other hand, if profusion, exaction, military domination, and needless wars, be justly accounted natural properties of monarchy, in its simple unqualified form; then are these the objects to which, in a mixed government, the aristocratic and popular parts of the constitution ought to direct their vigilance; the dangers against which they should raise and fortify their barriers; these are departments of sovereignty, over which a power of inspection and control ought to be deposited with the people.

The same observation may be repeated of all the other advantages and inconveniences which have been ascribed to the several simple forms of government; and affords a rule whereby to direct the construction, improvements, and administration, of mixed governments-subjected however to this remark, that a quality sometimes results from the conjunction of two simple forms of government, which belongs not to the separate existence of either thus corruption, which has no place in an absolute monarchy, and little in a pure republic, is sure to gain admission into a constitution which divides the supreme power between an executive magistrate and a popular council.

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An hereditary MONARCHY is universally to be preferred to an elective monarchy. The confession of every writer on the subject of civil government, the experience of ages, the example of Poland, and of the papal dominions, seem to place this amongst the few indubitable maxims which the science of politics admits of. A crown is too splendid a prize to be conferred upon merit: the passions or interests of the electors exclude all consideration of the qualities of the competitors. The same observation holds concerning the appointment to any office which is attended with a great share of power or emolument. Nothing is gained by a popular choice, worth the dissensions, tumults, and interruption of regular industry, with which it is inseparably attended. Add to this, that a king, who owes his elevation to the event of a contest, or to any other cause than a fixed rule of succession, will be apt to regard one part of his subjects as the associates of his fortune, and the other as conquered foes. Nor should it be forgotten, amongst the advantages of an hereditary monarchy, that, as plans of national improvement and reform are seldom brought to maturity by the exertions of a single reign, a nation cannot attain to the degree of happiness and prosperity to which it is capable of being carried, unless a uniformity of counsels, a consistency of public measures and designs, be continued through a succession of ages. This benefit may be expected with greater probability where the supreme power descends in the same race, and where each prince succeeds in some sort, to the aim, pursuits, and disposition of his ancestor, than if the crown, at every change, devolve upon a stranger, whose first care will commonly be to pull down what his predecessor had built up; and to substitute systems of administration, which must, in their turn, give way to the more favourite novelties of the next successor.

ARISTOCRACIES are of two kinds.-First, where the power of the nobility belongs to them in their collective capacity alone; that is, where, although the government reside in an assembly of the order, yet the members of that assembly separately and individually possess

no authority or privilege beyond the rest of the community :-this describes the constitution of Venice. Secondly, where the nobles are severally invested with great personal power and immunities, and where the power of the senate is little more than the aggregated power of the individuals who compose it ;-this is the constitution of Poland. Of these two forms of government, the first is more tolerable than the last; for, although the members of a senate should many, or even all of them, be profligate enough to abuse the authority of their stations in the prosecution of private designs, yet not being all under a temptation to the same injustice, not having all the same end to gain, it would still be difficult to obtain the consent of a majority to any specific act of oppression which the iniquity of an individual might prompt him to propose: or if the will were the same, the power is more confined; one tyrant, whether the tyranny reside in a single person or a senate, cannot exercise oppression at so many places, at the same time, as it may be carried on by the dominion of a numerous nobility over their respective vassals and dependants. Of all species of domination, this is the most odious: the freedom and satisfaction of private life are more constrained and harassed by it than by the most vexatious laws, or even by the lawless will of an arbitrary monarch, from whose knowledge, and from whose injustice, the greatest part of his subjects are removed by their distance, or concealed by their obscurity.

Europe exhibits more than one modern example, where the people, aggrieved by the exactions, or provoked by the enormities, of their immediate superiors, have joined with the reigning prince in the overthrow of the aristocracy, deliberately exchanging their condition for the miseries of despotism. About the middle of the last century, the commons of Denmark, weary of the oppression which they had long suffered from the nobles, and exasperated by some recent insults, presented themselves at the foot of the throne with a formal offer of their consent to establish unlimited dominion in the king. The revolution in Sweden, still more lately brought about with the acquiescence, not to say the assistance, of the people, owed its success to the same cause, namely, to the prospect of deliverance that it afforded from the tyranny which their nobles exercised under the old constitution. In England, the people beheld the depression of the barons, under the house of Tudor, with satisaction, although they saw the crown acquiring thereby a power which no limitations that the constitution had then provided were likely to confine. The lesson to be drawn from such events is this: that a mixed government, which admits a patrician order into its constitution, ought to circumscribe the personal privileges of the nobility, especially claims of hereditary jurisdiction and local authority, with a jealousy equal to the solicitude with which it wishes its own preservation; for nothing so alienates the minds of the people from the government under which they live, by a perpetual sense of annoyance and inconveniency, or so prepares them for the practices of an enterprising prince or a factious demagogue, as the abuse which almost always accompanies the existence of separate immunities.

Amongst the inferior, but by no means inconsiderable advantages of a DEMOCRATIC constitution, or of a constitution in which the people partake of the power of legislation, the following should not be neglected:

I. The direction which it gives to the education, studies, and pursuits, of the superior orders of the community. The share which this has in forming the public manners and national character, is very important. In countries, in which the gentry are excluded from all concern in the government, scarcely any thing is left which leads to advancement, but the profession of arms. They who do not addict themselves to this profession (and miserable must that country be, which constantly employs the military service of a great proportion of any order of its subjects!) are commonly lost by the mere want of object and destination; that is, they either fall, without reserve, into the more sottish habits of animal gratification, or entirely devote themselves to the attainment of those futile arts and decorations which compose the business and recommendations of a court on the other hand, where the whole, or any effective portion, of civil power is possessed by a popular assembly, more serious pursuits will be encouraged; purer morals, and a more intellectual character, will engage the public esteem; those faculties which qualify men for deliberation and debate, and which are the fruit of sober habits, of early and long-continued application, will be roused and animated

by the reward which, of all others, most readily awakens the ambition of the human mind— political dignity and importance.

II. Popular elections procure to the common people courtesy from their superiors. That contemptuous and overbearing insolence, with which the lower orders of the community are wont to be treated by the higher, is greatly mitigated, where the people have something to give. The assiduity with which their favour is sought upon these occasions, serves to generate settled habits of condescension and respect; and as human life is more embittered by affronts than injuries, whatever contributes to procure mildness and civility of manners towards those who are most liable to suffer from a contrary behaviour, corrects, with the pride, in a great measure, the evil of inequality, and deserves to be accounted among the most generous institutions of social life.

III. The satisfactions which the people in free governments derive from the knowledge and agitation of political subjects; such as the proceedings and debates of the senate; the conduct and characters of ministers; the revolutions, intrigues, and contentions of parties; and, in general, from the discussion of public measures, questions, and occurrences. Subjects of this sort excite just enough of interest and emotion to afford a moderate engagement to the thoughts, without rising to any painful degree of anxiety, or ever leaving a fixed operation upon the spirits;—and what is this, but the end and aim of all those amusements which compose so much of the business of life and the value of riches? For my part (and I believe it to be the case with most men who are arrived at the middle age, and occupy the middle classes of life), had I all the money which I pay in taxes to government, at liberty to lay out upon amusement and diversion, I know not whether I could make choice of any in which I could find greater pleasure than what I receive from expecting, hearing, and relating public news; reading parliamentary debates and proceedings; canvassing the political arguments, projects, predictions, and intelligence, which are conveyed, by various channels, to every corner of the kingdom. These topics, exciting universal curiosity, and being such as almost every man is ready to form and prepared to deliver his opinion about, greatly promote, and, I think, improve conversation. They render it more rational and more innocent; they supply a substitute for drinking, gaming, scandal, and obscenity. Now the secrecy, the jealousy, the solitude, and precipitation, of despotic governments, exclude all this. But the loss, you say, is trifling. I know that it is possible to render even the mention of it ridiculous, by representing it as the idle employment of the most insignificant part of the nation, the folly of village-statesmen and coffee-house politicians: but I allow nothing to be a trifle which ministers to the harmless gratification of multitudes; nor any order of men to be insignificant, whose number bears a respectable proportion to the sum of the whole community.

We have been accustomed to an opinion, that a REPUBLICAN form of government suits only with the affairs of a small state which opinion is founded in the consideration, that unless the people, in every district of the empire, be admitted to a share in the national representation, the government is not, as to them, a republic; that elections, where the constituents are numerous, and dispersed through a wide extent of country, are conducted with difficulty, or rather, indeed, managed by the intrigues and combinations of a few, who are situated near the place of election, each voter considering his single suffrage as too minute a portion of the general interest to deserve his care or attendance, much less to be worth any opposition to influence and application; that whilst we contract the representation within a compass small enough to admit of orderly debate, the interest of the constituent becomes too small, of the representative too great. It is difficult also to maintain any connexion between them. He who represents two hundred thousand, is necessarily a stranger to the greatest part of those who elect him: and when his interest amongst them ceases to depend upon an acquaintance with their persons and character, or a care or knowledge of their affairs; when such a representative finds the treasures and honours of a great empire at the disposal of a few, and himself one of the few; there is little reason to hope that he will not prefer to his public duty those temptations of personal aggrandizement which his situation offers, and which the price of his vote will always purchase. All appeal to the people is precluded by the impos