These peculiarities, in the state of the kingdoms which were formed upon the ruins of the Roman empire, had a visible effect upon their constitution of government. According to the authority possessed by the barons, each over his own barony, and their independence with respect to each other, and with respect to the king, was their joint power

he must have been more absolute than any monarch at present upon the face of the earth. But the early history of the modern European nations, gives an account of their government very different from this, and informs us that the nobility of each kingdom enjoyed great independence, and a degree of opulence, in many cases, little inferior to that of the monarch.

The idea that the king became originally proprietor of all the conquered lands seems now, upon a fuller examination of facts, to be in a great measure relinquished; and several writers of late have made it at least extremely probable that the land in the conquered provinces was at first occupied, (according to circumstances, by different individuals, or distributed by lot among the warriors of each victorious tribe; and that each possessor became the full proprietor of that portion of land which had fallen to his share. See Le droit publique de France, eclairci par les monumens de l'antiquité. Par. M. Bouquet. See also observations sur l'histoire de France. Par M. L'Abbé de Mably.

It is true that, in the modern kingdoms of Europe, the proprietors of lands were early understood to be under an obligation of going out to war as often as the public interest required it. But this was a duty which they owed to the community as citizens, not to the king as vassals; and their attendance was required, not by an order of the monarch, but in consequence of a determination of the national assembly, of which they themselves were the constituent members.

and influence over that great community of which they were members. The supreme powers of government in every kingdom were, therefore, exercised by an assembly composed of all those proprietors, and commonly summoned by the king on every great emergency.

Two meetings of this great council appear to have been regularly held in a year, for the ordinary dispatch of business; the first, after the seed-time, to determine their military operations during the summer; the second, before the harvest, in order to divide the booty. In those meetings it was customary also to rectify abuses by introducing new regulations, and to decide those law-suits which had arisen between independent proprietors of land. Such was the business of the early parliaments in France, of the Cortes in Spain, of the Wittenagemote in England; and in each of the feudal kingdoms, we discover evident marks of a national council, constituted in the same manner, and invested with similar priveleges *.

In France, under the Merovingian kings, all deeds of any importance, issuing from the crown, usually contained some such expression as these: Una cum nostris optimatibus pertractavimus. De consensu fidelium nostrorum. In nostra et procerum nostrorum praesentia. Obser. par M. de Mably: And there is good reason to believe that what is called the Salique Law was laid before the national assembly, and received their approbation. "Dictaverunt Salicam legem Pro"ceres ipsius gentis, qui tunc temporis apud eam erant rec

N

These observations may serve to show the general aspect and complexion of that political constitution which results from the first union of rude tribes, or small independent societies. The government resulting from that union is apt to be of a mixed nature, in which there is a nobility distinguished from the people, and a king exalted above the nobles. But though, according to that system, the peculiar situation of different nations may have produced some variety in the powers belonging to these different orders, yet, unless in very poor states, the influence acquired by the nobles has commonly been such as to occasion a remarkable prevalence of aristocracy.

"tores." Praef. leg. Sal. See lettres historiques sur les fonctions essentielles du parlement. Boulainvilliers let. sur le parl. de France.

SECTION II.

The natural progress of government in a rude kingdom,

THE continued union of rude tribes, or small societies, has a tendency to produce a great alteration in the political system of a people. The same circumstances, by which, in a single tribe, a chief is gradually advanced over the different heads of families, contribute, in a kingdom, to exalt the sove reign above the chiefs, and to extend his authority throughout the whole of his dominions.

upon

As the king is placed at the head of the nation, and acts the most conspicuous part in all their pub. lic measures, his high rank and station reflect him a degree of splendour, which is apt to obscure the lustre of every inferior chief; and the longer he has remained in a situation where he excites the admiration and respect of the people, it is to be supposed that their habits of submission to him will be the more confirmed.

From the opulence, too, of the sovereign, which is generally much greater than that of any other member of the community, as well as from the nature of his office, he has more power to reward and protect his friends, and to punish or depress those who have become the objects of his resente

ment or displeasure. The consideration of this must operate powerfully upon individuals, as a motive to court his favour, and, of consequence, to support his interest. It is therefore to be concluded that, from the natural course of things, the immediate followers and dependents of the king will be constantly increasing, and those of every inferior leader will be diminishing in the same proportion.

In a government so constituted as to introduce a continual jealousy between the crown and the nobles, it must frequently happen that the latter, instead of prosecuting a uniform plan for aggrandizing their own order, should be occupied with private quarrels and dissensions among themselves; so that the king, who is ready to improve every conjuncture for extending his power, may often employ and assist the great lords in destroying each other, or take advantage of those occasions when they have been weakened by their continued struggles, and are in no condition to oppose his de mands.

According as the real influence and authority of the crown are extended, its prerogatives are gradually augmented. When the king finds that the original chiefs have become in a great measure dependent upon him, he is not solicitous about consulting them in the management of public affairs; and the meetings of the national council, being seldom called, or being attended only by such