every kingdom was composed of a great variety of parts, loofely combined together, and for feveral centuries may be. regarded as a collection of fmall independent focieties, rather than as one great political community.-The flow advances which were afterwards made by the people towards a more complete union, appear to have been productive of that feudal fubordination which has been the fubject of fa much investigation and controversy.

. In those times of violence and diforder, when different families were fo frequently at war, and lying in wait for opportunities to plunder and opprefs one another, the proprietors of small eftates were neceffarily expofed to many hardships and calamities.-Surrounded by wealthier and more powerful neighbours, by whom they were invaded from every quarter, and held in conftant terror, they could feldom indulge the hope of maintaining their poffeffions, or of tranfmitting them to their posterity.-Confcious, therefore, of their weaknefs, they endeavoured to provide for their future fafety, by foliciting the aid of fome opulent chief, who appeared most capable of defending them; and, in order to obtain that protection which he afforded to his ancient retainers or vaffals, they were obliged to ren

der themselves equally fubfervient to his intereft, to relinquish their pretenfions to independence, to acknowledge him as their leader, and to yield him that homage and fealty which belonged to a feudal fuperior.-The nature of these important transactions, the folemnities with which they were accompanied, and the views and motives from which they were usually concluded, are sufficiently explained from the copies or forms of those deeds which have been collected and handed down to Us.-THE VASSAL promifed, in a folemn manner, to the jurifdiction of the fuperior, to refide within his domain, and to ferve him in war, whether he should be engaged in profecuting his own quarrels, or in the common caufe of the nation. -THE SUPERIOR, on the other band, engaged to exert all his power and influence in protecting the vaffal, in defending his possessions, or in avenging his death, in cafe he should be assassinated.

Thus, by degrees, the feudal fyftem was completed in most of the countries of Europe.-The whole of a kingdom came to be united in one great fief, of which the king was the superior, or lord paramount, having, in fome measure, the property of all the land within his dominions.-The great barons became his immediate vaffals, and, according to the tenure by which

they

they held their eftates, were fubject to his jurifdiction, and liable to him in fervices of the fame nature with those which they expected from their own retainers or inferior military tenants *.

THE PROGRESS OF GOVERNMENT IN THE SEVERAL COUNTRIES OF EUROPE WAS SUCH AS MIGHT BE EXPECTED FROM THE INFLUENCE OF THOSE CHANGES WHICH I HAVE MENTIONED. -WHEN

EVER AN INDEPENDENT PROPRIETOR

HAD RE

SIGNED HIS PROPERTY, AND AGREED TO HOLD HIS LAND BY A FEUDAL TENURE, HE WAS NO LONGER ENTITLED TO A VOICE IN THE NATIONAL ASSEMBLY, BUT WAS OBLIGED TO FOLLOW THE DIRECTION OF THE SUPERIOR ΤΟ WHOM HE WAS LIABLE IN HOMAGE AND FEALTY. - WE FIND, ACCORDINGLY, THAT IN FRANCE THE PUBLIC ASSEMBLY WAS AT FIRST EXTREMELY NUMEROUS, COMPREHENDING ALL THE DIFFERENT HEADS OF FAMILIES IN THE NATION.-BY DEGREES IT WAS AFTERWARDS REDUCED IN NUMBER, AND CONFINED TO PERSONS OF SUPERIOR OPULENCE AND RANK, WHO WERE CALLED TO A SEPARATE CONFERENCE WITH THE KING. AS THE NOBLES WERE THUS ADVANCING IN WEALTH AND

Millar.

SPLEN

SPLENDOR, SO THEY CONTINUED FOR SEVERAL CENTURIES TO EXTEND THEIR INFLUENCE, AND TO INCREASE THEIR POWER AND PRIVILEGES. THE GRADUAL DECAY OF ARISTOCRACY HAS ACCORDINGLY BEEN REMARKED BY EVERY HISTORIAN WHO HAS GIVEN ANY GENERAL VIEW OF THEIR POLITICAL CONSTITUTION.

SECT.

SECT. IV.

THE THREE SPECIES OF MODERN GOVERNMENTS.

As a feries of appeals must be finite, there neceffarily exifts in every government a power from which the conftitution has provided no appeal; and which power, for that reafon, may be termed abfolute, omnipotent, uncontrollable, arbitrary, defpotic; and is alike fo in all coun

tries.

The perfon, or affembly, in whom this power refides, is called the fovereign, or the fupreme power of

state.

Since to the fame power univerfally appertains the office of establishing public laws, it is called alfo the legiflature of the state.

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

Political writers enumerate three principal forms of government, which, however, are to be regarded ra

ther