available by the ,bibliotheque nationale
 de ,france 7,bn,f_/,gallica7 at        
http3_/_/gallica4bnf4fr         ,,the   
,,works  ,,of  ,,the ,,right            
,,honourable  ,,edmund ,,burke   ,,in   
,,twelve ,,volumes  ,,volume ,,the      
,,seventh   ,illustration3 ,burke ,coat 
of ,arms4   ,,london ,,john ,c4 ,,nimmo 
#ad1 ,,king ,,william ,,street1         
,,strand1 ,w4,c4 ,,mdccclxxxvii         
,,contents ,,of ,,vol4 ,,vii            
,,fragments ,,and ,,notes ,,of          
,,speeches ,,in ,,parliament4           
,,speech ,,on ,,the ,,acts ,,of         
,,uniformity1 ,february #f1 #aggb       
#c    ,,speech ,,on ,a ,,bill ,,for     
,,the ,,relief ,,of ,,protestant        
,,dissenters1     ,march #g1 #aggc      
#ba    ,,speech ,,on ,a ,,motion ,,for  
,,leave ,,to ,,bring ,,in ,a ,,bill ,,to
 ,,repeal ,,and     ,,alter ,,certain   
,,acts ,,respecting ,,religious         
,,opinions1 ,,upon ,,the     ,,occasion 
,,of ,a ,,petition ,,of ,,the           
,,unitarian ,,society1 ,may #aa1 #agib  

#ci    ,,speech ,,relative ,,to ,,the   
,,middlesex ,,election1 ,february #g1   
#agga         #ei    ,,speech ,,on ,a   
,,bill ,,for ,,shortening ,,the         
,,duration ,,of ,,parliaments1     ,may 
#h1 #aghj                               
#fi    ,,speech ,,on ,a ,,motion ,,for  
,a ,,committee ,,to ,,inquire ,,into    
,,the ,,state ,,of     ,,the            
,,representation ,,of ,,the ,,commons   
,,in ,,parliament1 ,may #g1 #aghb       
#hi    ,,speech ,,on ,a ,,motion ,,for  
,,leave ,,to ,,bring ,,in ,a ,,bill     
,,for ,,explaining     ,,the ,,powers   
,,of ,,juries ,,in ,,prosecutions ,,for 
,,libels1 ,march #g1 #agga4             
,,together ,,with ,a ,,letter ,,in      
,,vindication ,,of ,,that ,,measure1    
,,and ,a     ,,copy ,,of ,,the          
,,proposed ,,bill                       
#aje    ,,speech ,,on ,a ,,bill ,,for   
,,the ,,repeal ,,of ,,the ,,marriage    
,,act1     ,june #ae1 #agha             
#abi    ,,speech ,,on ,a ,,motion ,,for 
,,leave ,,to ,,bring ,,in ,a ,,bill ,,to

 ,,quiet ,,the     ,,possessions ,,of   
,,the ,,subject ,,against ,,dormant     
,,claims ,,of ,,the ,,church1           
,february #ag1 #aggb                    
#acg   ,,hints ,,for ,,an ,,essay ,,on  
,,the ,,drama                           
#adc   ,,an ,,essay ,,towards ,,an      
,,abridgment ,,of ,,the ,,english       
,,history4 ,,in ,,three ,,books4        
,,book ,i4  ,,chap4  ,i4 ,causes of the 
,connection between the ,romans and     
,britons4--,csar's two ,invasions of    
,britain                 #aei           
,,ii4 ,some ,account of the ,ancient    
,inhabitants of ,britain         #agj   
,,iii4 ,the ,reduction of ,britain by   
the ,romans                     #ahi    
,,iv4 ,the ,fall of the ,roman ,power in
 ,britain                     #bad      
,,book ,,ii4  ,,chap4   ,i4 ,the ,entry 
and ,settlement of the ,saxons1 and     
their           ,conversion to          
,christianity                           
#bbg        ,,ii4 ,establishment of     
,christianity--of ,monastic             

,institutions           --and of their  
,effects                                
#bdj       ,,iii4 ,series of            
,anglo-,saxon ,kings from ,ethelbert to 
,alfred3           with the ,invasion of
 the ,danes                             
#bee        ,,iv4 ,reign of ,king       
,alfred                                 
#bfa         ,v4 ,succession of ,kings  
from ,alfred to ,harold                 
#bfi        ,,vi4 ,harold               
,,ii4--,invasion of the                 
,normans4--,account of that             
,people1 and of the ,state of ,england  
at the ,time of the           ,invasion 
#bhj       ,,vii4 ,of the ,laws and     
,institutions of the ,saxons            
#bia                              ,,book
 ,,iii4  ,,chap4  ,i4 ,view of the      
,state of ,europe at the ,time of the   
,norman           ,invasion             
#cbg        ,,ii4 ,reign of ,william the
 ,conqueror                             
#cce       ,,iii4 ,reign of ,william the
 ,second1 surnamed ,rufus               

#cfd        ,,iv4 ,reign of ,henry ,i   
#cge         ,v4 ,reign of ,stephen     
#chf        ,,vi4 ,reign of ,henry ,,ii 
#cid       ,,vii4 ,reign of ,richard ,i 
#dbe      ,,viii4 ,reign of ,john       
#dcg        ,,ix4 ,fragment4--,an ,essay
 towards an ,history of the ,laws of    
,england                                
#dge     ,,fragments ,,and ,,notes  ,,of
  ,,speeches4   ,during the period of   
,mr4 ,burke's ,parliamentary labors1    
some alterations in the ,acts of        
,uniformity1 and the repeal of the ,test
 and ,corporation ,acts1 were agitated  
at various times in the ,house of       
,commons4 ,it appears from the state of 
his manuscript papers1 that he had      
designed to publish some of the         
,speeches which he delivered in those   
discussions1 and with that view had     
preserved the following ,fragments and  
detached ,notes1 which are now given to 
the public with as much order and       
connection as their imperfect condition 
renders them capable of receiving4 ,the 

,speeches on the ,middlesex ,election1  
on shortening the ,duration of          
,parliaments1 on the ,reform of the     
,representation in ,parliament1 on the  
,bill for explaining the ,power of      
,juries in ,prosecutions for libels1 and
 on the ,repeal of the ,marriage ,act1  
were found in the same imperfect state4 
,,speech  ,,on  ,,the ,,acts ,,of       
,,uniformity   ,,february #f1 #aggb4    
,,note4   ,the following ,speech was    
occasioned by a petition to the ,house  
of ,commons from certain clergymen of   
the ,church of ,england1 and certain of 
the two professions of ,civil ,law and  
,physic1 and others1 praying to be      
relieved from subscription to the       
,thirty-,nine ,articles1 as required by 
the ,acts of ,uniformity4 ,the persona  
associated for this purpose were        
distinguished at the time by the name of
 ,the ,feathers ,tavern ,association1   
from the place where their meetings were
 usually held4 ,their petition was      
presented on the #fth of ,february1     

#aggb2 and on a motion that it should be
 brought up1 the same was negatived on a
 division1 in which ,mr4 ,burke voted in
 the majority1 by #bag against #ga4     
,,speech4   ,mr4 ,speaker1--,i should   
not trouble the ,house upon this        
question1 if ,i could at all acquiesce  
in many of the arguments1 or justify the
 vote ,i shall give upon several of the 
reasons which have been urged in favor  
of it4 ,i should1 indeed1 be very much  
concerned1 if ,i were thought to be     
influenced to that vote by those        
arguments4  ,in particular1 ,i do most  
exceedingly condemn all such arguments  
as involve any kind of reflection on the
 personal character of the gentlemen who
 have brought in a petition so decent in
 the style of it1 and so constitutional 
in the mode4 ,besides the unimpeachable 
integrity and piety of many of the      
promoters of this petition1 which render
 those aspersions as idle as they are   
unjust1 such a way of treating the      
subject can have no other effect than to

 turn the attention of the ,house from  
the merits of the petition1 the only    
thing properly before us1 and which we  
are sufficiently competent to decide    
upon1 to the motives of the petitioners1
 which belong exclusively to the ,great 
,searcher of ,hearts4  ,we all know that
 those who loll at their ease in high   
dignities1 whether of the ,church or of 
the ,state1 are commonly averse to all  
reformation4 ,it is hard to persuade    
them that there can be anything amiss in
 establishments which by feeling        
experience they find to be so very      
comfortable4 ,it is as true1 that1 from 
the same selfish motives1 those who are 
struggling upwards are apt to find      
everything wrong and out of order4      
,these are truths upon one side and on  
the other2 and neither on the one side  
or the other in argument are they worth 
a single farthing4 ,i wish1 therefore1  
so much had not been said upon these    
ill-chosen1 and worse than ill-chosen1  
these very invidious topics4  ,i wish   

still more that the dissensions and     
animosities which had slept for a       
century had not been just now most      
unseasonably revived4 ,but if we must be
 driven1 whether we will or not1 to     
recollect these unhappy transactions1   
let our memory be complete and          
equitable1 let us recollect the whole of
 them together4 ,if the ,dissenters1 as 
an honorable gentleman has described    
them1 have formerly risen from a        
whining1 canting1 snivelling generation1
 to be a body dreadful and ruinous to   
all our establishments1 let him call to 
mind the follies1 the violences1 the    
outrages1 and persecutions1 that        
conjured up1 very blamably1 but very    
naturally1 that same spirit of          
retaliation4 ,let him recollect1 along  
with the injuries1 the services which   
,dissenters have done to our ,church and
 to our ,state4 ,if they have once      
destroyed1 more than once they have     
saved them4 ,this is but common justice1
 which they and all mankind have a right

 to4  ,there are1 ,mr4 ,speaker1 besides
 these prejudices and animosities1 which
 ,i would have wholly removed from the  
debate1 things more regularly and       
argumentatively urged against the       
petition1 which1 however1 do not at all 
appear to me conclusive4  ,first1 two   
honorable gentlemen1 one near me1 the   
other1 ,i think1 on the other side of   
the ,house1 assert1 that1 if you alter  
her symbols1 you destroy the being of   
the ,church of ,england4 ,this1 for the 
sake of the liberty of that ,church1 ,i 
must absolutely deny4 ,the ,church1 like
 every body corporate1 may alter her    
laws without changing her identity4 ,as 
an independent church1 professing       
fallibility1 she has claimed a right of 
acting without the consent of any other2
 as a church1 she claims1 and has always
 exercised1 a right of reforming        
whatever appeared amiss in her doctrine1
 her discipline1 or her rites4 ,she did 
so1 when she shook off the ,papal       
supremacy in the reign of ,henry the    

,eighth1 which was an act of the body of
 the ,english ,church1 as well as of the
 ,state 7,i don't inquire how obtained74
 ,she did so1 when she twice changed the
 ,liturgy in the reign of ,king ,edward1
 when she then established ,articles1   
which were themselves a variation from  
former professions4 ,she did so1 when   
she cut off three articles from her     
original forty-two1 and reduced them to 
the present thirty-nine2 and she        
certainly would not lose her corporate  
identity1 nor subvert her fundamental   
principles1 though she were to leave ten
 of the thirty-nine which remain out of 
any future confession of her faith4 ,she
 would limit her corporate powers1 on   
the contrary1 and she would oppose her  
fundamental principles1 if she were to  
deny herself the prudential exercise of 
such capacity of reformation4 ,this1    
therefore1 can be no objection to your  
receiving the petition4  ,in the next   
place1 ,sir1 ,i am clear1 that the ,act 
of ,union1 reciting and ratifying one   

,scotch and one ,english act of         
,parliament1 has not rendered any change
 whatsoever in our ,church impossible1  
but by a dissolution of the union       
between the two kingdoms4  ,the         
honorable gentleman who has last touched
 upon that point has not gone quite so  
far as the gentlemen who first insisted 
upon it4 ,however1 as none of them      
wholly abandon that post1 it will not be
 safe to leave it behind me unattacked4 
,i believe no one will wish their       
interpretation of that act to be        
considered as authentic4 ,what shall we 
think of the wisdom 7to say nothing of  
the competence7 of that legislature     
which should ordain to itself such a    
fundamental law1 at its outset1 as to   
disable itself from executing its own   
functions1--which should prevent it from
 making any further laws1 however       
wanted1 and that1 too1 on the most      
interesting subject that belongs to     
human society1 and where she most       
frequently wants its                    

interposition1--which should fix those  
fundamental laws that are forever to    
prevent it from adapting itself to its  
opinions1 however clear1 or to its own  
necessities1 however urgent8 ,such an   
act1 ,mr4 ,speaker1 would forever put   
the ,church out of its own power2 it    
certainly would put it far above the    
,state1 and erect it into that species  
of independency which it has been the   
great principle of our policy to        
prevent4  ,the act never meant1 ,i am   
sure1 any such unnatural restraint on   
the joint legislature it was then       
forming4 ,history shows us what it      
meant1 and all that it could mean with  
any degree of common sense4  ,in the    
reign of ,charles the ,first a violent  
and ill-considered attempt was made     
unjustly to establish the platform of   
the government and the rites of the     
,church of ,england in ,scotland1       
contrary to the genius and desires of   
far the majority of that nation4 ,this  
usurpation excited a most mutinous      

spirit in that country4 ,it produced    
that shocking fanatical ,covenant 7,i   
mean the ,covenant of '#cf7 for forcing 
their ideas of religion on ,england1 and
 indeed on all mankind4 ,this became the
 occasion1 at length1 of other          
covenants1 and of a ,scotch army        
marching into ,england to fulfil them2  
and the ,parliament of ,england 7for its
 own purposes7 adopted their scheme1    
took their last covenant1 and destroyed 
the ,church of ,england4 ,the           
,parliament1 in their ordinance of      
#afdh1 expressly assign their desire of 
conforming to the ,church of ,scotland  
as a motive for their alteration4  ,to  
prevent such violent enterprises on the 
one side or on the other1 since each    
,church was going to be disarmed of a   
legislature wholly and peculiarly       
affected to it1 and lest this new       
uniformity in the ,state should be urged
 as a reason and ground of              
ecclesiastical uniformity1 the ,act of  
,union provided that presbytery should  

continue the ,scotch1 as episcopacy the 
,english establishment1 and that this   
separate and mutually independent       
,church-government was to be considered 
as a part of the ,union1 without aiming 
at putting the regulation within each   
,church out of its own power1 without   
putting both ,churches out of the power 
of the ,state4 ,it could not mean to    
forbid us to set anything ecclesiastical
 in order1 but at the expense of tearing
 up all foundations1 and forfeiting the 
inestimable benefits 7for inestimable   
they are7 which we derive from the happy
 union of the two kingdoms4 ,to suppose 
otherwise is to suppose that the act    
intended we could not meddle at all with
 the ,church1 but we must as a          
preliminary destroy the ,state4  ,well1 
then1 ,sir1 this is1 ,i hope1           
satisfactory4 ,the ,act of ,union does  
not stand in our way4 ,but1 ,sir1       
gentlemen think we are not competent to 
the reformation desired1 chiefly from   
our want of theological learning4 ,if we

 were the legal assembly4444  ,if ever  
there was anything to which1 from       
reason1 nature1 habit1 and principle1 ,i
 am totally averse1 it is persecution   
for conscientious difference in opinion4
 ,if these gentlemen complained justly  
of any compulsion upon them on that     
article1 ,i would hardly wait for their 
petitions2 as soon as ,i knew the evil1 
,i would haste to the cure2 ,i would    
even run before their complaints4  ,i   
will not enter into the abstract merits 
of our ,articles and ,liturgy4 ,perhaps 
there are some things in them which one 
would wish had not been there4 ,they are
 not without the marks and characters of
 human frailty4  ,but it is not human   
frailty and imperfection1 and even a    
considerable degree of them1 that       
becomes a ground for your alteration2   
for by no alteration will you get rid of
 those errors1 however you may delight  
yourselves in varying to infinity the   
fashion of them4 ,but the ground for a  
legislative alteration of a legal       

establishment is this1 and this         
only1--that you find the inclinations of
 the majority of the people1 concurring 
with your own sense of the intolerable  
nature of the abuse1 are in favor of a  
change4  ,if this be the case in the    
present instance1 certainly you ought to
 make the alteration that is proposed1  
to satisfy your own consciences1 and to 
give content to your people4 ,but if you
 have no evidence of this nature1 it ill
 becomes your gravity1 on the petition  
of a few gentlemen1 to listen to        
anything that tends to shake one of the 
capital pillars of the state1 and alarm 
the body of your people upon that one   
ground1 in which every hope and fear1   
every interest1 passion1 prejudice1     
everything which can affect the human   
breast1 are all involved together4 ,if  
you make this a season for religious    
alterations1 depend upon it1 you will   
soon find it a season of religious      
tumults and religious wars4  ,these     
gentlemen complain of hardship4 ,no     

considerable number shows discontent2   
but1 in order to give satisfaction to   
any number of respectable men1 who come 
in so decent and constitutional a mode  
before us1 let us examine a little what 
that hardship is4 ,they want to be      
preferred clergymen in the ,church of   
,england as by law established2 but     
their consciences will not suffer them  
to conform to the doctrines and         
practices of that ,church3 that is1 they
 want to be teachers in a church to     
which they do not belong2 and it is an  
odd sort of hardship4 ,they want to     
receive the emoluments appropriated for 
teaching one set of doctrines1 whilst   
they are teaching another4 ,a church1 in
 any legal sense1 is only a certain     
system of religious doctrines and       
practices fixed and ascertained by some 
law1--by the difference of which laws   
different churches 7as different        
commonwealths7 are made in various parts
 of the world2 and the establishment is 
a tax laid by the same sovereign        

authority for payment of those who so   
teach and so practise3 for no           
legislature was ever so absurd as to tax
 its people to support men for teaching 
and acting as they please1 but by some  
prescribed rule4  ,the hardship amounts 
to this1--that the people of ,england   
are not taxed two shillings in the pound
 to pay them for teaching1 as divine    
truths1 their own particular fancies4   
,for the state has so taxed the people2 
and by way of relieving these gentlemen1
 it would be a cruel hardship on the    
people to be compelled to pay1 from the 
sweat of their brow1 the most heavy of  
all taxes to men1 to condemn as         
heretical the doctrines which they      
repute to be orthodox1 and to reprobate 
as superstitious the practices which    
they use as pious and holy4 ,if a man   
leaves by will an establishment for     
preaching1 such as ,boyle's ,lectures1  
or for charity sermons1 or funeral      
sermons1 shall any one complain of an   
hardship1 because he has an excellent   

sermon upon matrimony1 or on the        
martyrdom of ,king ,charles1 or on the  
,restoration1 which ,i1 the trustee of  
the establishment1 will not pay him for 
preaching8--,s4 ,jenyns1 ,origin of     
,evil4--,such is the hardship which they
 complain of under the present ,church  
establishment1 that they have not the   
power of taxing the people of ,england  
for the maintenance of their private    
opinions4  ,the laws of toleration      
provide for every real grievance that   
these gentlemen can rationally complain 
of ,are they hindered from professing   
their belief of what they think to be   
truth8 ,if they do not like the         
,establishment1 there are an hundred    
different modes of ,dissent in which    
they may teach4 ,but even if they are so
 unfortunately circumstanced that of all
 that variety none will please them1    
they have free liberty to assemble a    
congregation of their own2 and if any   
persons think their fancies 7they may be
 brilliant imaginations7 worth paying   

for1 they are at liberty to maintain    
them as their clergy3 nothing hinders   
it4 ,but if they cannot get an hundred  
people together who will pay for their  
reading a liturgy after their form1 with
 what face can they insist upon the     
nation's conforming to their ideas1 for 
no other visible purpose than the       
enabling them to receive with a good    
conscience the tenth part of the produce
 of your lands8  ,therefore1 beforehand1
 the ,constitution has thought proper to
 take a security that the tax raised on 
the people shall be applied only to     
those who profess such doctrines and    
follow such a mode of worship as the    
legislature1 representing the people1   
has thought most agreeable to their     
general sense1--binding1 as usual1 the  
minority1 not to an assent to the       
doctrines1 but to a payment of the tax4 
,but how do you ease and relieve8 ,how  
do you know1 that1 in making a new door 
into the ,church for these gentlemen1   
you do not drive ten times their number 

out of it8 ,supposing the contents and  
not-contents strictly equal in numbers  
and consequence1 the possession1 to     
avoid disturbance1 ought to carry it4   
,you displease all the clergy of        
,england now actually in office1 for the
 chance of obliging a score or two1     
perhaps1 of gentlemen1 who are1 or want 
to be1 beneficed clergymen3 and do you  
oblige8 ,alter your ,liturgy1--will it  
please all even1 of those who wish1 an  
alteration8 will they agree in what     
ought to be altered8 ,and after it is   
altered to the mind of every one1 you   
are no further advanced than if you had 
not taken a single step2 because a large
 body of men will then say you ought to 
have no liturgy at all3 and then these  
men1 who now complain so bitterly that  
they are shut out1 will themselves bar  
the door against thousands of others4   
,dissent1 not satisfied with toleration1
 is not conscience1 but ambition4  ,you 
altered the ,liturgy for the ,directory4
 ,this was settled by a set of most     

learned divines and learned laymen3     
,selden sat amongst them4 ,did this     
please8 ,it was considered upon both    
sides as a most unchristian imposition4 
,well1 at the ,restoration they rejected
 the ,directory1 and reformed the       
,common ,prayer1--which1 by the way1 had
 been three times reformed before4 ,were
 they then contented8 ,two thousand 7or 
some great number7 of clergy resigned   
their livings in one day rather than    
read it3 and truly1 rather than raise   
that second idol1 ,i should have adhered
 to the ,directory1 as ,i now adhere to 
the ,common ,prayer4 ,nor can you       
content other men's conscience1 real or 
pretended1 by any concessions3 follow   
your own2 seek peace and ensue it4 ,you 
have no symptoms of discontent in the   
people to their ,establishment4 ,the    
churches are too small for their        
congregations4 ,the livings are too few 
for their candidates4 ,the spirit of    
religious controversy has slackened by  
the nature of things3 by act you may    

revive it4 ,i will not enter into the   
question1 how much truth is preferable  
to peace4 ,perhaps truth may be far     
better4 ,but as we have scarcely ever   
the same certainty in the one that we   
have in the other1 ,i would1 unless the 
truth were evident indeed1 hold fast to 
peace1 which has in her company charity1
 the highest of the virtues4  ,this     
business appears in two points of view3 
#ast1 ,whether it is a matter of        
grievance2 #bnd1 ,whether it is within  
our province to redress it with         
propriety and prudence4 ,whether it     
comes properly before us on a petition  
upon matter of grievance ,i would not   
inquire too curiously4 ,i know1         
technically speaking1 that nothing      
agreeable to law can be considered as a 
grievance4 ,but an over-attention to the
 rules of any act does sometimes defeat 
the ends of it2 and ,i think it does so 
in this ,parliamentary act1 as much at  
least as in any other4 ,i know many     
gentlemen think that the very essence of

 liberty consists in being governed     
according to law1 as if grievances had  
nothing real and intrinsic2 but ,i      
cannot be of that opinion4 ,grievances  
may subsist by law4 ,nay1 ,i do not know
 whether any grievance can be considered
 as intolerable1 until it is established
 and sanctified by law4 ,if the ,act of 
,toleration were not perfect1 if there  
were a complaint of it1 ,i would gladly 
consent to amend it4 ,but when ,i heard 
a complaint of a pressure on religious  
liberty1 to my astonishment ,i find that
 there was no complaint whatsoever of   
the insufficiency of the act of ,king   
,william1 nor any attempt to make it    
more sufficient4 ,the matter1 therefore1
 does not concern toleration1 but       
establishment2 and it is not the rights 
of private conscience that are in       
question1 but the propriety of the terms
 which are proposed by law as a title to
 public emoluments3 so that the         
complaint is not1 that there is not     
toleration of diversity in opinion1 but 

that diversity in opinion is not        
rewarded by bishoprics1 rectories1 and  
collegiate stalls4 ,when gentlemen      
complain of the subscription as matter  
of grievance1 the complaint arises from 
confounding private judgment1 whose     
rights are anterior to law1 and the     
qualifications which the law creates for
 its own magistracies1 whether civil or 
religious4 ,to take away from men their 
lives1 their liberty1 or their property1
 those things for the protection of     
which society was introduced1 is great  
hardship and intolerable tyranny2 but to
 annex any condition you please to      
benefits artificially created is the    
most just1 natural1 and proper thing in 
the world4 ,when e nova you form an     
arbitrary benefit1 an advantage1        
preminence1 or emolument1 not by        
,nature1 but institution1 you order and 
modify it with all the power of a       
creator over his creature4 ,such        
benefits of institution are royalty1    
nobility1 priesthood1 all of which you  

may limit to birth2 you might prescribe 
even shape and stature4 ,the ,jewish    
priesthood was hereditary4 ,founders'   
kinsmen have a preference in the        
election of fellows in many colleges of 
our universities3 the qualifications at 
,all ,souls are1 that they should be    
optime nati1 bene vestiti1 mediocriter  
docti4  ,by contending for liberty in   
the candidate for orders1 you take away 
the liberty of the elector1 which is the
 people1 that is1 the state4 ,if they   
can choose1 they may assign a reason for
 their choice2 if they can assign a     
reason1 they may do it in writing1 and  
prescribe it as a condition2 they may   
transfer their authority to their       
representatives1 and enable them to     
exercise the same4 ,in all human        
institutions1 a great part1 almost all  
regulations1 are made from the mere     
necessity of the case1 let the          
theoretical merits of the question be   
what they will4 ,for nothing happened at
 the ,reformation but what will happen  

in all such revolutions4 ,when tyranny  
is extreme1 and abuses of government    
intolerable1 men resort to the rights of
 ,nature to shake it off4 ,when they    
have done so1 the very same principle of
 necessity of human affairs to establish
 some other authority1 which shall      
preserve the order of this new          
institution1 must be obeyed1 until they 
grow intolerable2 and you shall not be  
suffered to plead original liberty      
against such an institution4 ,see       
,holland1 ,switzerland4  ,if you will   
have religion publicly practised and    
publicly taught1 you must have a power  
to say what that religion will be which 
you will protect and encourage1 and to  
distinguish it by such marks and        
characteristics as you in your wisdom   
shall think fit4 ,as ,i said before1    
your determination may be unwise in this
 as in other matters2 but it cannot be  
unjust1 hard1 or oppressive1 or contrary
 to the liberty of any man1 or in the   
least degree exceeding your province4   

,it is1 therefore1 as a grievance1      
fairly none at all1--nothing but what is
 essential1 not only to the order1 but  
to the liberty1 of the whole community4 
,the petitioners are so sensible of the 
force of these arguments1 that they do  
admit of one subscription1--that is1 to 
the ,scripture4 ,i shall not consider   
how forcibly this argument militates    
with their whole principle against      
subscription as an usurpation on the    
rights of ,providence3 ,i content myself
 with submitting to the consideration of
 the ,house1 that1 if that rule were    
once established1 it must have some     
authority to enforce the obedience2     
because1 you well know1 a law without a 
sanction will be ridiculous4 ,somebody  
must sit in judgment on his conformity2 
he must judge on the charge2 if he      
judges1 he must ordain execution4 ,these
 things are necessary consequences one  
of the other2 and then1 this judgment is
 an equal and a superior violation of   
private judgment2 the right of private  

judgment is violated in a much greater  
degree than it can be by any previous   
subscription4 ,you come round again to  
subscription1 as the best and easiest   
method2 men must judge of his doctrine1 
and judge definitively3 so that either  
his test is nugatory1 or men must first 
or last prescribe his public            
interpretation of it4  ,if the ,church  
be1 as ,mr4 ,locke defines it1 a        
voluntary society1 c1 then it is        
essential to this voluntary society to  
exclude from her voluntary society any  
member she thinks fit1 or to oppose the 
entrance of any upon such conditions as 
she thinks proper4 ,for1 otherwise1 it  
would be a voluntary society acting     
contrary to her will1 which is a        
contradiction in terms4 ,and this is    
,mr4 ,locke's opinion1 the advocate for 
the largest scheme of ecclesiastical and
 civil toleration to ,protestants 7for  
to ,papists he allows no toleration at  
all74  ,they dispute only the extent of 
the subscription2 they therefore tacitly

 admit the equity of the principle      
itself4 ,here they do not resort to the 
original rights of ,nature1 because it  
is manifest that those rights give as   
large a power of controverting every    
part of ,scripture1 or even the         
authority of the whole1 as they do to   
the controverting any articles          
whatsoever4 ,when a man requires you to 
sign an assent to ,scripture1 he        
requires you to assent to a doctrine as 
contrary to your natural understanding1 
and to your rights of free inquiry1 as  
those who require your conformity to any
 one article whatsoever4  ,the          
subscription to ,scripture is the most  
astonishing idea ,i ever heard1 and will
 amount to just nothing at all4         
,gentlemen so acute have not1 that ,i   
have heard1 ever thought of answering a 
plain1 obvious question3 ,what is that  
,scripture to which they are content to 
subscribe8 ,they do not think that a    
book becomes of divine authority because
 it is bound in blue morocco1 and is    

printed by ,john ,baskett and his       
assigns4 ,the ,bible is a vast          
collection of different treatises3 a man
 who holds the divine authority of one  
may consider the other as merely human4 
,what is his ,canon8 ,the ,jewish8 ,st4 
,jerome's8 that of the ,thirty-,nine    
,articles8 ,luther's8 ,there are some   
who reject the ,canticles2 others1 six  
of the ,epistles2 the ,apocalypse has   
been suspected even as heretical1 and   
was doubted of for many ages1 and by    
many great men4 ,as these narrow the    
,canon1 others have enlarged it by      
admitting ,st4 ,barnabas's ,epistles1   
the ,apostolic ,constitutions1 to say   
nothing of many other ,gospels4         
,therefore1 to ascertain4 ,scripture1   
you must have one article more2 and you 
must define what that ,scripture is     
which1 you mean to teach4 ,there are1 ,i
 believe1 very few who1 when ,scripture 
is so ascertained1 do not see the       
absolute necessity of knowing what      
general doctrine a man draws from it1   

before he is sent down authorized by the
 state to teach1 it as pure doctrine1   
and receive a tenth of the produce of   
our lands4  ,the ,scripture is no one   
summary of doctrines regularly digested1
 in which1 a man could not mistake his  
way4 ,it is a most venerable1 but most  
multifarious1 collection of the records 
of the divine economy3 a collection of  
an infinite variety1--of cosmogony1     
theology1 history1 prophecy1 psalmody1  
morality1 apologue1 allegory1           
legislation1 ethics1 carried through    
different books1 by different authors1  
at different ages1 for different ends   
and purposes4 ,it is necessary to sort  
out what is intended for example1 what  
only as narrative1--what to be          
understood literally1 what              
figuratively1--where one precept is to  
be controlled and modified by           
another1--what is used directly1 and    
what only as an argument ad             
hominem1--what is temporary1 and what of
 perpetual obligation1--what            

appropriated to one state and to one set
 of men1 and what the general duty of   
all ,christians4 ,if we do not get some 
security for this1 we not only permit1  
but we actually pay for1 all the        
dangerous fanaticism which1 can be      
produced to corrupt our people1 and to  
derange the public worship of the       
country4 ,we owe the best we can 7not   
infallibility1 but prudence7 to the     
subject1--first sound doctrine1 then    
ability to use it4     ,,speech  ,,on   
,a ,,bill ,,for ,,the ,,relief ,,of     
,,protestant ,,dissenters4  ,,march #ag1
 #aggc4     ,,note4   ,this speech is   
given partly from the manuscript papers 
of ,mr4 ,burke1 and partly from a very  
imperfect short-hand note taken at the  
time by a member of the ,house of       
,commons4 ,the bill under discussion was
 opposed by petitions from several      
congregations calling themselves        
,protestant ,dissenters1 who appear to  
have been principally composed of the   
people who are generally known under the

 denomination of ,methodists1 and       
particularly by a petition from a       
congregation of that description        
residing in the town of ,chatham4       
,,speech4   ,i assure you1 ,sir1 that   
the honorable gentleman who spoke last  
but one need not be in the least fear   
that ,i should make a war of particles  
upon his opinion1 whether the ,church of
 ,england should1 would1 or ought to be 
alarmed4 ,i am very clear that this     
,house has no one reason in the world to
 think she is alarmed by the bill       
brought before you4 ,it is something    
extraordinary that the only symptom of  
alarm in the ,church of ,england should 
appear in the petition of some          
,dissenters1 with whom1 ,i believe very 
few in this ,house are yet acquainted1  
and of whom you know no more than that  
you are assured by the honorable        
gentleman that they are not ,mahometans4
 ,of the ,church we know they are not1  
by the name that they assume4 ,they are1
 then1 ,dissenters4 ,the first symptom  

of an alarm1 comes from some ,dissenters
 assembled round the lines of ,chatham3 
these lines become the security of the  
,church of ,england6 ,the honorable     
gentleman1 in speaking of the lines of  
,chatham1 tells us that they serve not  
only for the security of the wooden     
walls of ,england1 but for the defence  
of the ,church of ,england4 ,i suspect  
the wooden walls of ,england secure the 
lines of ,chatham1 rather than the lines
 of ,chatham secure the wooden walls of 
,england4  ,sir1 the ,church of         
,england1 if only defended by this      
miserable petition upon your table1     
must1 ,i am afraid1 upon the principles 
of true fortification1 be soon          
destroyed4 ,but1 fortunately1 her walls1
 bulwarks1 and bastions are constructed 
of other materials than of stubble and  
straw1--are built up with the strong and
 stable matter of the gospel of liberty1
 and founded on a true1 constitutional1 
legal establishment4 ,but1 ,sir1 she has
 other securities3 she has the security 

of her own doctrines2 she has the       
security of the piety1 the sanctity1 of 
her own professors1--their learning is a
 bulwark to defend her2 she has the     
security of the two universities1 not   
shook in any single battlement1 in any  
single pinnacle4  ,but the honorable    
gentleman has mentioned1 indeed1        
principles which astonish me rather more
 than ever4 ,the honorable gentleman    
thinks that the ,dissenters enjoy a     
large share of liberty under a          
connivance2 and he thinks that the      
establishing toleration by law is an    
attack upon ,christianity4  ,the first  
of these is a contradiction in terms4   
,liberty under a connivance6 ,connivance
 is a relaxation from slavery1 not a    
definition of liberty4 ,what is         
connivance1 but a state under which all 
slaves live8 ,if ,i was to describe     
slavery1 ,i would say1 with those who   
hate it1 it is living under will1 not   
under law2 if as it is stated by its    
advocates1 ,i would say1 that1 like     

earthquakes1 like thunder1 or other wars
 the elements make upon mankind1 it     
happens rarely1 it occasionally comes   
now and then upon people1 who1 upon     
ordinary occasions1 enjoy the same legal
 government of liberty4 ,take it under  
the description of those who would      
soften those features1 the state of     
slavery and connivance is the same      
thing4 ,if the liberty enjoyed be a     
liberty not of toleration1 but of       
connivance1 the only question is1       
whether establishing such by law is an  
attack upon ,christianity4 ,toleration  
an attack upon ,christianity6 ,what1    
then6 are we come to this pass1 to      
suppose that nothing can support        
,christianity but the principles of     
persecution8 ,is that1 then1 the idea of
 establishment8 ,is it1 then1 the idea  
of ,christianity itself1 that it ought  
to have establishments1 that it ought to
 have laws against ,dissenters1 but the 
breach of which laws is to be connived  
at8 ,what a picture of toleration6 what 

a picture of laws1 of establishments6   
what a picture of religious and civil   
liberty6 ,i am persuaded the honorable  
gentleman1 does not see it in this      
light4 ,but these very terms become the 
strongest reasons for my support of the 
bill3 for ,i am persuaded that          
toleration1 so far from being an attack 
upon ,christianity1 becomes the best and
 surest support that possibly can be    
given1 to it4 ,the ,christian religion  
itself arose without establishment1--it 
arose even without toleration2 and      
whilst its own principles were not      
tolerated1 it conquered all the powers  
of darkness1 it conquered all the powers
 of the world4 ,the moment it began to  
depart from these principles1 it        
converted the establishment into        
tyranny2 it subverted its foundations   
from that very hour4 ,zealous as ,i am  
for the principle of an establishment1  
so just an abhorrence do ,i conceive    
against whatever may shake it4 ,i know  
nothing but the supposed necessity of   

persecution that can make an            
establishment disgusting4 ,i would have 
toleration a part of establishment1 as a
 principle favorable to ,christianity1  
and as a part of ,christianity4  ,all   
seem agreed that the law1 as it stands1 
inflicting penalties on all-religious   
teachers and on schoolmasters who do not
 sign the ,thirty-,nine ,articles of    
,religion1 ought not to be executed4 ,we
 are all agreed that the law is not     
good3 for that1 ,i presume1 is          
undoubtedly the idea of a law that ought
 not to be executed4 ,the question1     
therefore1 is1 whether in a             
well-constituted commonwealth1 which we 
desire ours to be thought1 and ,i trust 
intend that it should be1 whether in    
such a commonwealth it is wise to retain
 those laws which it is not proper to   
execute4 ,a penal law not ordinarily put
 in execution seems to me to be a very  
absurd and a very dangerous thing4 ,for 
if its principle be right1 if the object
 of its prohibitions and penalties be a 

real evil1 then you do in effect permit 
that very evil1 which not only the      
reason of the thing1 but your very law1 
declares ought not to be permitted2 and 
thus it reflects exceedingly on the     
wisdom1 and consequently derogates not a
 little from the authority1 of a        
legislature who can at once forbid and  
suffer1 and in the same breath          
promulgate penalty and indemnity to the 
same persons and for the very same      
actions4 ,but if the object of the law  
be no moral or political evil1 then you 
ought not to hold even a terror to those
 whom you ought certainly not to punish3
 for if it is not right to hurt1 it is  
neither right nor wise to menace4 ,such 
laws1 therefore1 as they must be        
defective either in justice or wisdom or
 both1 so they cannot exist without a   
considerable degree of danger4 ,take    
them which way you will1 they are       
pressed with ugly alternatives4  #ast4  
,all penal laws are either upon popular 
prosecution1 or on the part of the      

crown4 ,now if they may be roused from  
their sleep1 whenever a minister thinks 
proper1 as instruments of oppression1   
then they put vast bodies of men into a 
state of slavery and court dependence2  
since their liberty of conscience and   
their power of executing their functions
 depend entirely on his will4 ,i would  
have no man derive his means of         
continuing any function1 or his being   
restrained from it1 but from the laws   
only3 they should be his only superior  
and sovereign lords4  #bnd4 ,they put   
statesmen and magistrates into an habit 
of playing fast and loose with the laws1
 straining or relaxing them as may best 
suit their political purposes1--and in  
that light tend to corrupt the executive
 power through all its offices4  #crd4  
,if they are taken up on popular        
actions1 their operation in that light  
also is exceedingly evil4 ,they become  
the instruments of private malice1      
private avarice1 and not of public      
regulation2 they nourish the worst of   

men to the prejudice of the best1       
punishing tender consciences1 and       
rewarding informers4  ,shall we1 as the 
honorable gentleman tells us we may with
 perfect security1 trust to the manners 
of the age8 ,i am well pleased with the 
general manners of the times2 but the   
desultory execution of penal laws1 the  
thing ,i condemn1 does not depend on the
 manners of the times4 ,i would1        
however1 have the laws tuned in unison  
with the manners4 ,very dissonant are a 
gentle country and cruel laws2 very     
dissonant1 that your reason is furious1 
but your passions moderate1 and that you
 are always equitable except in your    
courts of justice4  ,i will beg leave to
 state to the ,house one argument which 
has been much relied upon3 that the     
,dissenters are not unanimous upon this 
business2 that many persons are alarmed2
 that it will create a disunion among   
the ,dissenters4  ,when any ,dissenters1
 or any body of people1 come here with a
 petition1 it is not the number of      

people1 but the reasonableness of the   
request1 that should weigh with the     
,house4 ,a body of ,dissenters come to  
this ,house1 and say1 ,tolerate us3 we  
desire neither the parochial advantage  
of tithes1 nor dignities1 nor the stalls
 of your cathedrals3 no6 let the        
venerable orders of the hierarchy exist 
with all their advantages4 ,and shall ,i
 tell them1 ,i reject your just and     
reasonable petition1 not because it     
shakes the ,church1 but because there   
are others1 while you lie grovelling    
upon the earth1 that will kick and bite 
you8 ,judge which of these descriptions 
of men comes with a fair request3 that  
which says1 ,sir1 ,i desire liberty for 
my own1 because ,i trespass on no man's 
conscience1--or the other1 which says1  
,i desire that these men should not be  
suffered to act according to their      
consciences1 though ,i am tolerated to  
act according to mine4 ,but ,i sign a   
body of ,articles1 which is my title to 
toleration2 ,i sign no more1 because    

more are against my conscience4 ,but ,i 
desire that you will not tolerate these 
men1 because they will not go so far as 
,i1 though ,i desire to be tolerated1   
who will not go as far as you4 ,no1     
imprison them1 if they come within five 
miles of a corporate town1 because they 
do not believe what ,i do in point of   
doctrines4 ,shall ,i not say to these   
men1 ,arrangez-vous1 canaille8 ,you1 who
 are not the predominant power1 will not
 give to others the relaxation under    
which you are yourself suffered to live4
 ,i have as high an opinion of the      
doctrines of the ,church as you4 ,i     
receive them implicitly1 or ,i put my   
own explanation on them1 or take that   
which seems to me to come best          
recommended by authority4 ,there are    
those of the ,dissenters who think more 
rigidly of the doctrine of the ,articles
 relative to ,predestination than others
 do4 ,they sign the ,article relative to
 it ex animo1 and literally4 ,others    
allow a latitude of construction4 ,these

 two parties are in the ,church1 as well
 as among the ,dissenters2 yet in the   
,church we live quietly under the same  
roof4 ,i do not see why1 as long as     
,providence gives us no further light   
into this great mystery1 we should not  
leave things as the ,divine ,wisdom has 
left them4 ,but suppose all these things
 to me to be clear1 7which ,providence1 
however1 seems to have left obscure17   
yet1 whilst ,dissenters claim a         
toleration in things which1 seeming     
clear to me1 are obscure to them1       
without entering into the merit of the  
,articles1 with what face can these men 
say1 ,tolerate us1 but do not tolerate  
them8 ,toleration is good for all1 or it
 is good for none4  ,the discussion this
 day is not between establishment on one
 hand and toleration on the other1 but  
between those who1 being tolerated      
themselves1 refuse toleration to others4
 ,that power should be puffed up with   
pride1 that authority should degenerate 
into rigor1 if not laudable1 is but too 

natural4 ,but this proceeding of theirs 
is much beyond the usual allowance to   
human weakness3 it not only is shocking 
to our reason1 but it provokes our      
indignation4 ,quid domini facient1      
audent cum talia fures8 ,it is not the  
proud prelate thundering in his         
,commission ,court1 but a pack of       
manumitted slaves1 with the lash of the 
beadle flagrant on their backs1 and     
their legs still galled with their      
fetters1 that would drive their brethren
 into that prison-house from whence they
 have just been permitted to escape4    
,if1 instead of puzzling themselves in  
the depths of the ,divine counsels1 they
 would turn1 to the mild morality of the
 ,gospel1 they would read their own     
condemnation3--,o thou wicked servant1  
,i forgave thee all that debt because   
thou desiredst me3 shouldest not thou   
also have compassion on thy             
fellow-servant1 even as ,i had pity on  
thee8  ,in my opinion1 ,sir1 a          
magistrate1 whenever he goes to put any 

restraint upon religious freedom1 can   
only do it upon this ground1--that the  
person dissenting does not dissent from 
the scruples of ill-informed conscience1
 but from a party ground of dissension1 
in order to raise a faction in the      
state4 ,we give1 with regard to rites   
and ceremonies1 an indulgence to tender 
consciences4 ,but if dissent is at all  
punished in any country1 if at all it   
can be punished upon any pretence1 it is
 upon a presumption1 not that a man is  
supposed to differ conscientiously from 
the establishment1 but that he resists  
truth for the sake of faction1--that he 
abets diversity of opinions in religion 
to distract the state1 and to destroy   
the peace of his country4 ,this is the  
only plausible1--for there is no true   
ground of persecution4 ,as the laws     
stand1 therefore1 let us see how we have
 thought fit to act4  ,if there is any  
one thing within the competency of a    
magistrate with regard to religion1 it  
is this3 that he has a right to direct  

the exterior ceremonies of religion2    
that1 whilst interior religion is within
 the jurisdiction of ,god alone1 the    
external part1 bodily action1 is within 
the province of the chief governor4     
,hooker1 and all the great lights of the
 ,church1 have constantly argued this to
 be a part within the province of the   
civil magistrate4 ,but look at the ,act 
of ,toleration of ,william and ,mary3   
there you will see the civil magistrate 
has not only dispensed with those things
 which are more particularly within his 
province1 with those things which       
faction might be supposed to take up for
 the sake of making visible and external
 divisions and raising a standard of    
revolt1 but has also from sound politic 
considerations relaxed on those points  
which are confessedly without his       
province4  ,the honorable gentleman1    
speaking of the heathens1 certainly     
could not mean to recommend anything    
that is derived from that impure source4
 ,but he has praised the tolerating     

spirit of the heathens4 ,well6 but the  
honorable gentleman will recollect that 
heathens1 that polytheists1 must permit 
a number of divinities4 ,it is the very 
essence of its constitution4 ,but was it
 ever heard that polytheism tolerated a 
dissent from a polytheistic             
establishment1--the belief of one ,god  
only8 ,never6 never6 ,sir1 they         
constantly carried on persecution       
against that doctrine4 ,i will not give 
heathens the glory of a doctrine which  
,i consider the best part of            
,christianity4 ,the honorable gentleman 
must recollect the ,roman law1 that was 
clearly against the introduction of any 
foreign rites in matters of religion4   
,you have it at large in ,livy1 how they
 persecuted in the first introduction   
the rites of ,bacchus2 and even before  
,christ1 to say nothing of their        
subsequent persecutions1 they persecuted
 the ,druids and others4 ,heathenism1   
therefore1 as in other respects         
erroneous1 was erroneous in point of    

persecution4 ,i do not say every heathen
 who persecuted was therefore an impious
 man3 ,i only say he was mistaken1 as   
such a man is now4 ,but1 says the       
honorable gentleman1 they did not       
persecute ,epicureans4 ,no3 the         
,epicureans had no quarrel with their   
religious establishment1 nor desired any
 religion for themselves4 ,it would have
 been very extraordinary1 if irreligious
 heathens had desired either a religious
 establishment or toleration4 ,but1 says
 the honorable gentleman1 the           
,epicureans entered1 as others1 into the
 temples4 ,they did so2 they defied all 
subscription2 they defied all sorts of  
conformity2 there was no subscription to
 which they were not ready to set their 
hands1 no ceremonies they refused to    
practise2 they made it a principle of   
their irreligion outwardly to conform to
 any religion4 ,these atheists eluded   
all that you could do3 so will all      
freethinkers forever4 ,then you suffer1 
or the weakness of your law has         

suffered1 those great dangerous animals 
to escape notice1 whilst you have nets  
that entangle the poor fluttering silken
 wings of a tender conscience4  ,the    
honorable gentleman insists much upon   
this circumstance of objection1--namely1
 the division amongst the ,dissenters4  
,why1 ,sir1 the ,dissenters1 by the     
nature of the term1 are open to have a  
division among themselves4 ,they are    
,dissenters because they differ from the
 ,church of ,england3 not that they     
agree among themselves4 ,there are      
,presbyterians1 there are               
,independents1--some that do not agree  
to infant baptism1 others that do not   
agree to the baptism of adults1 or any  
baptism4 ,all these are1 however1       
tolerated under the acts of ,king       
,william1 and subsequent acts2 and their
 diversity of sentiments with one       
another did not and could not furnish an
 argument against their toleration1 when
 their difference with ourselves        
furnished none4  ,but1 says the         

honorable gentleman1 if you suffer them 
to go on1 they will shake the           
fundamental principles of ,christianity4
 ,let it be considered1 that this       
argument goes as strongly against       
connivance1 which you allow1 as against 
toleration1 which you reject4 ,the      
gentleman sets out with a principle of  
perfect liberty1 or1 as he describes it1
 connivance4 ,but1 for fear of dangerous
 opinions1 you leave it in your power to
 vex a man who has not held any one     
dangerous opinion whatsoever4 ,if one   
man is a professed atheist1 another man 
the best ,christian1 but dissents from  
two of the ,thirty-,nine ,articles1 ,i  
may let escape the atheist1 because ,i  
know him to be an atheist1 because ,i   
am1 perhaps1 so inclined myself1 and    
because ,i may connive where ,i think   
proper2 but the conscientious           
,dissenter1 on account of his attachment
 to that general religion which perhaps 
,i hate1 ,i shall take care to punish1  
because ,i may punish when ,i think     

proper4 ,therefore1 connivance being an 
engine of private malice or private     
favor1 not of good government1--an      
engine which totally fails of           
suppressing atheism1 but oppresses      
conscience1--,i say that principle      
becomes1 not serviceable1 but dangerous 
to ,christianity2 that it is not        
toleration1 but contrary to it1 even    
contrary to peace2 that the penal system
 to which it belongs is a dangerous     
principle in the economy either of      
religion or government4 ,the honorable  
gentleman 7and in him ,i comprehend all 
those who oppose the bill7 bestowed in  
support of their side of the question as
 much argument as it could bear1 and    
much more of learning and decoration    
than it deserved4 ,he thinks connivance 
consistent1 but legal toleration        
inconsistent1 with the interests of     
,christianity4 ,perhaps ,i would go as  
far as that honorable gentleman1 if ,i  
thought toleration inconsistent with    
those interests4 ,god forbid6 ,i may be 

mistaken1 but ,i take toleration to be a
 part of religion4 ,i do not know which 
,i would sacrifice3 ,i would keep them  
both3 it is not necessary ,i should     
sacrifice either4 ,i do not like the    
idea of tolerating the doctrines of     
,epicurus3 but nothing in the world     
propagates them so much as the          
oppression of the poor1 of the honest   
and candid disciples of the religion we 
profess in common1--,i mean revealed    
religion2 nothing sooner makes them take
 a short cut out of the bondage of      
sectarian vexation into open and direct 
infidelity than tormenting men for every
 difference4 ,my opinion is1 that1 in   
establishing the ,christian religion    
wherever you find it1 curiosity or      
research is its best security2 and in   
this way a man is a great deal better   
justified in saying1 ,tolerate all kinds
 of consciences1 than in imitating the  
heathens1 whom the honorable gentleman  
quotes1 in tolerating those who have    
none4 ,i am not over-fond of calling for

 the secular arm upon these misguided or
 misguiding men2 but if ever it ought to
 be raised1 it ought surely to be raised
 against these very men1 not against    
others1 whose liberty of religion you   
make a pretext for proceedings which    
drive them into the bondage of impiety4 
,what figure do ,i make in saying1 ,i do
 not attack the works of these          
atheistical writers1 but ,i will keep a 
rod hanging over the conscientious man1 
their bitterest enemy1 because these    
atheists may take advantage of the      
liberty of their foes to introduce      
irreligion8 ,the best book that ever1   
perhaps1 has been written against these 
people is that in which the author has  
collected in a body the whole of the    
infidel code1 and has brought the       
writers into one body to cut them all   
off together4 ,this was done by a       
,dissenter1 who never did subscribe the 
,thirty-,nine ,articles1--,dr4 ,leland4 
,but if1 after all this1 danger is to be
 apprehended1 if you are really fearful 

that ,christianity will indirectly      
suffer by this liberty1 you have my free
 consent3 go directly1 and by the       
straight way1 and not by a circuit in   
which1 in your road you may destroy your
 friends2 point your arms against these 
men who do the mischief you fear        
promoting2 point your arms against men  
who1 not contented with endeavoring to  
turn your eyes from the blaze and       
effulgence of light by which life and   
immortality is so gloriously            
demonstrated by the ,gospel1 would even 
extinguish that faint glimmering of     
,nature1 that only comfort supplied to  
ignorant man before this great          
illumination1--them1 who1 by attacking  
even the possibility of all revelation1 
arraign all the dispensations of        
,providence to man4 ,these are the      
wicked ,dissenters you ought to fear2   
these are the people against whom you   
ought to aim the shaft of the law2 these
 are the men to whom1 arrayed in all the
 terrors of government1 ,i would say1   

,you shall not degrade us into brutes6  
,these men1 these factious men1 as the  
honorable gentleman properly called     
them1 are the just objects of vengeance1
 not the conscientious                  
,dissenter1--these men1 who would take  
away whatever ennobles the rank or      
consoles the misfortunes of human       
nature1 by breaking off that connection 
of observances1 of affections1 of hopes 
and fears1 which bind us to the         
,divinity1 and constitute the glorious  
and distinguishing prerogative of       
humanity1 that of being a religious     
creature3 against these ,i would have   
the laws rise in all their majesty of   
terrors1 to fulminate such vain and     
impious wretches1 and to awe them into  
impotence by the only dread they can    
fear or believe1 to learn that eternal  
lesson1 ,discite justitiam moniti1 et   
non temnere ,divos6  ,at the same time  
that ,i would cut up the very root of   
atheism1 ,i would respect all           
conscience1--all conscience that is     

really such1 and which perhaps its very 
tenderness proves to be sincere4 ,i wish
 to see the ,established ,church of     
,england great and powerful2 ,i wish to 
see her foundations laid low and deep1  
that she may crush the giant powers of  
rebellious darkness2 ,i would have her  
head raised up to that heaven to which  
she conducts us4 ,i would have her open 
wide her hospitable gates by a noble and
 liberal comprehension1 but ,i would    
have no breaches in her wall2 ,i would  
have her cherish all those who are      
within1 and pity all those who are      
without2 ,i would have her a common     
blessing to the world1 an example1 if   
not an instructor1 to those who have not
 the happiness to belong to her2 ,i     
would have her give a lesson of peace to
 mankind1 that a vexed and wandering    
generation might be taught to seek for  
repose and toleration in the maternal   
bosom of ,christian charity1 and not in 
the harlot lap of infidelity and        
indifference4 ,nothing has driven people

 more into that house of seduction than 
the mutual hatred of ,christian         
congregations4 ,long may we enjoy our   
church under a learned and edifying     
episcopacy6 ,but episcopacy may fail1   
and religion exist4 ,the most horrid and
 cruel blow that can be offered to civil
 society is through atheism4 ,do not    
promote diversity2 when you have it1    
bear it2 have as many sorts of religion 
as you find in your country2 there is a 
reasonable worship in them all4 ,the    
others1 the infidels1 are outlaws of the
 constitution1 not of this country1 but 
of the human race4 ,they are never1     
never to be supported1 never to be      
tolerated4 ,under the systematic attacks
 of these people1 ,i see some of the    
props of good government already begin  
to fail2 ,i see propagated principles   
which will not leave to religion even a 
toleration4 ,i see myself sinking every 
day under the attacks of these wretched 
people4 ,how shall ,i arm myself against
 them8 ,by uniting all those in         

affection1 who are united in the belief 
of the great principles of the ,godhead 
that made and sustains the world4 ,they 
who hold revelation give double         
assurance to their country4 ,even the   
man who does not hold revelation1 yet   
who wishes that it were proved to him1  
who observes a pious silence with regard
 to it1 such a man1 though not a        
,christian1 is governed by religious    
principles4 ,let him be tolerated in    
this country4 ,let it be but a serious  
religion1 natural or revealed1 take what
 you can get4 ,cherish1 blow up the     
slightest spark3 one day it may be a    
pure and holy flame4 ,by this proceeding
 you form an alliance offensive and     
defensive against those great ministers 
of darkness in the world who are        
endeavoring to shake all the works of   
,god established in order and beauty4   
,perhaps ,i am carried too far2 but it  
is in the road into which the honorable 
gentleman has led me4 ,the honorable    
gentleman would have us fight this      

confederacy of the powers of darkness   
with the single arm of the ,church of   
,england1--would have us not only fight 
against infidelity1 but fight at the    
same time with all the faith in the     
world except our own4 ,in the moment we 
make a front against the common enemy1  
we have to combat with all those who are
 the natural friends of our cause4      
,strong as we are1 we are not equal to  
this4 ,the cause of the ,church of      
,england is included in that of         
religion1 not that of religion in the   
,church of ,england4 ,i will stand up at
 all times for the rights of conscience1
 as it is such1--not for its particular 
modes against its general principles4   
,one may be right1 another mistaken2 but
 if ,i have more strength than my       
brother1 it shall be employed to        
support1 not to oppress his weakness2 if
 ,i have more light1 it shall be used to
 guide1 not to dazzle him4444           
,,speech  ,,on ,a  ,,motion ,,made ,,in 
,,the ,,house ,,of ,,commons ,,by ,,the 

,,right ,,hon4 ,c4,j4 ,,fox1  ,,may #aa1
 #agic1  ,,for ,,leave ,,to ,,bring ,,in
  ,a ,,bill ,,to ,,repeal ,,and ,,alter 
,,certain ,,acts ,,respecting           
,,religious ,,opinions1  ,,upon ,,the   
,,occasion ,,of  ,a ,,petition ,,of     
,,the ,,unitarian ,,society   ,i never  
govern myself1 no rational man ever did 
govern himself1 by abstractions and     
universals4 ,i do not put abstract ideas
 wholly out of any question2 because ,i 
well know that under that name ,i should
 dismiss principles1 and that without   
the guide and light of sound1           
well-understood principles1 all         
reasonings in politics1 as in everything
 else1 would be only a confused jumble  
of particular facts and details1 without
 the means of drawing out any sort of   
theoretical or practical conclusion4 ,a 
statesman differs from a professor in an
 university3 the latter has only the    
general view of society2 the former1 the
 statesman1 has a number of             
circumstances to combine with those     

general ideas1 and to take into his     
consideration4 ,circumstances are       
infinite1 are infinitely combined1 are  
variable and transient3 he who does not 
take them into consideration is not     
erroneous1 but stark mad2 dat operam ut 
cum ratione insaniat2 he is             
metaphysically mad4 ,a statesman1 never 
losing sight of principles1 is to be    
guided by circumstances2 and judging    
contrary to the exigencies of the       
moment1 he may ruin his country forever4
  ,i go on this ground1--that           
government1 representing the society1   
has a general superintending control    
over all the actions and over all the   
publicly propagated doctrines of men1   
without which it never could provide    
adequately for all the wants of society3
 but then it is to use this power with  
an equitable discretion1 the only bond  
of sovereign authority4 ,for it is not1 
perhaps1 so much by the assumption of   
unlawful powers as by the unwise or     
unwarrantable use of those which are    

most legal1 that governments oppose     
their true end and object3 for there is 
such a thing as tyranny1 as well as     
usurpation4 ,you can hardly state to me 
a case to which legislature is the most 
confessedly competent1 in which1 if the 
rules of benignity and prudence are not 
observed1 the most mischievous and      
oppressive things may not be done4 ,so  
that1 after all1 it is a moral and      
virtuous discretion1 and not any        
abstract theory of right1 which keeps   
governments faithful to their ends4     
,crude1 unconnected truths are in the   
world of practice what falsehoods are in
 theory4 ,a reasonable1 prudent1        
provident1 and moderate coercion may be 
a means of preventing acts of extreme   
ferocity and rigor3 for by propagating  
excessive and extravagant doctrines1    
such extravagant disorders take place as
 require the most perilous and fierce   
corrections to oppose them4  ,it is not 
morally true that we are bound to       
establish in every country that form of 

religion which in our minds is most     
agreeable to truth1 and conduces most to
 the eternal happiness of mankind4 ,in  
the same manner1 it is not true that we 
are1 against the conviction of our own  
judgment1 to establish a system of      
opinions and practices directly contrary
 to those ends1 only because some       
majority of the people1 told by the     
head1 may prefer it4 ,no conscientious  
man would willingly establish what he   
knew to be false and mischievous in     
religion1 or in anything else4 ,no wise 
man1 on the contrary1 would tyrannically
 set up his own sense so as to reprobate
 that of the great prevailing body of   
the community1 and pay no regard to the 
established opinions and prejudices of  
mankind1 or refuse to them the means of 
securing a religious instruction        
suitable to these prejudices4 ,a great  
deal depends on the state in which you  
find men4444  ,an alliance between      
,church and ,state in a ,christian      
commonwealth is1 in my opinion1 an idle 

and a fanciful speculation4 ,an alliance
 is between two things that are in their
 nature distinct and independent1 such  
as between two sovereign states4 ,but in
 a ,christian commonwealth the ,church  
and the ,state are one and the1 same    
thing1 being different integral parts of
 the same whole4 ,for the ,church has   
been always divided into two parts1 the 
clergy and the laity1--of which the     
laity is as much an essential integral  
part1 and has as much its duties and    
privileges1 as the clerical member1 and 
in the rule1 order1 and government of   
the ,church has its share4 ,religion is 
so far1 in my opinion1 from being out of
 the province or the duty of a          
,christian magistrate1 that it is1 and  
it ought to be1 not only his care1 but  
the principal thing in his care2 because
 it is one of the great bonds of human  
society1 and its object the supreme     
good1 the ultimate end and object of man
 himself4 ,the magistrate1 who is a man1
 and charged with the concerns of men1  

and to whom very specially nothing human
 is remote and indifferent1 has a right 
and a duty to watch over it with an     
unceasing vigilance1 to protect1 to     
promote1 to forward it by every         
rational1 just1 and prudent means4 ,it  
is principally his duty to prevent the  
abuses which grow out of every strong   
and efficient principle that actuates   
the human mind4 ,as religion is one of  
the bonds of society1 he ought not to   
suffer it to be made the pretext of     
destroying its peace1 order1 liberty1   
and its security4 ,above all1 he ought  
strictly to look to it1 when men begin  
to form new combinations1 to be         
distinguished by new names1 and         
especially when they mingle a political 
system with their religious opinions1   
true or false1 plausible or implausible4
  ,it is the interest1 and it is the    
duty1 and because it is the interest and
 the duty1 it is the right of government
 to attend much to opinions2 because1 as
 opinions soon combine with passions1   

even when they do not produce them1 they
 have much influence on actions4        
,factions are formed upon opinions1     
which factions become in effect bodies  
corporate in the state2 nay1 factions   
generate opinions1 in order to become a 
centre of union1 and to furnish         
watchwords to parties2 and this may make
 it expedient for government to forbid  
things in themselves innocent and       
neutral4 ,i am not fond of defining with
 precision what the ultimate rights of  
the sovereign supreme power1 in         
providing for the safety of the         
commonwealth1 may be1 or may not extend 
to4 ,it will signify very little what my
 notions or what their own notions on   
the subject may be2 because1 according  
to the exigence1 they will take1 in     
fact1 the steps which seem to them      
necessary for the preservation of the   
whole3 for as self-preservation in      
individuals is the first law of ,nature1
 the same will prevail in societies1 who
 will1 right or wrong1 make that an     

object paramount to all other rights    
whatsoever4 ,there are ways and means by
 which a good man would not even save   
the commonwealth4444 ,all things founded
 on the idea of danger ought in a great 
degree to be temporary4 ,all policy is  
very suspicious that sacrifices any part
 to the ideal good of the whole4 ,the   
object of the state is 7as far as may   
be7 the happiness of the whole4         
,whatever makes multitudes of men       
utterly miserable can never answer that 
object2 indeed1 it contradicts it wholly
 and entirely2 and the happiness or     
misery of mankind1 estimated by their   
feelings and sentiments1 and not by any 
theories of their rights1 is1 and ought 
to be1 the standard for the conduct of  
legislators towards the people4 ,this   
naturally and necessarily conducts us to
 the peculiar and characteristic        
situation of a people1 and to a         
knowledge of their opinions1 prejudices1
 habits1 and all the circumstances that 
diversify and color life4 ,the first    

question a good statesman would ask     
himself1 therefore1 would be1 ,how and  
in what circumstances do you find the   
society8 and to act upon them4  ,to the 
other laws relating to other sects ,i   
have nothing to say3 ,i only look to the
 petition which has given rise to this  
proceeding4 ,i confine myself to that1  
because in my opinion its merits have   
little or no relation to that of the    
other laws which the right honorable    
gentleman has with so much ability      
blended with it4 ,with the ,catholics1  
with the ,presbyterians1 with the       
,anabaptists1 with the ,independents1   
with the ,quakers1 ,i have nothing at   
all to do4 ,they are in possession1--a  
great title in all human affairs4 ,the  
tenor and spirit of our laws1 whether   
they were restraining or whether they   
were relaxing1 have hitherto taken      
another course4 ,the spirit of our laws 
has applied their penalty or their      
relief to the supposed abuse to be      
repressed or the grievance to be        

relieved2 and the provision for a       
,catholic and a ,quaker has been totally
 different1 according to his exigence3  
you did not give a ,catholic liberty to 
be freed from an oath1 or a ,quaker     
power of saying mass with impunity4 ,you
 have done this1 because you never have 
laid it down as an universal            
proposition1 as a maxim1 that nothing   
relative to religion was your concern1  
but the direct contrary2 and therefore  
you have always examined whether there  
was a grievance4 ,it has been so at all 
times3 the legislature1 whether right or
 wrong1 went no other way to work but by
 circumstances1 times1 and necessities4 
,my mind marches the same road2 my      
school is the practice and usage of     
,parliament4  ,old religious factions   
are volcanoes burnt out2 on the lava and
 ashes and squalid scori of old         
eruptions grow the peaceful olive1 the  
cheering vine1 and the sustaining corn4 
,such was the first1 such the second    
condition of ,vesuvius4 ,but when a now 

fire bursts out1 a face of desolations  
comes on1 not to be rectified in ages4  
,therefore1 when men come before us1 and
 rise up like an exhalation from the    
ground1 they come in a questionable     
shape1 and we must exorcise them1 and   
try whether their intents be wicked or  
charitable1 whether they bring airs from
 heaven or blasts from hell4 ,this is   
the first time that our records of      
,parliament have heard1 or our          
experience or history given us an       
account of any religious congregation or
 association known by the name which    
these petitioners have assumed4 ,we are 
now to see by what people1 of what      
character1 and under what temporary     
circumstances1 this business is brought 
before you4 ,we are to see whether there
 be any and what mixture of political   
dogmas and political practices with     
their religious tenets1 of what nature  
they are1 and how far they are at       
present practically separable from them4
 ,this faction 7the authors of the      

petition7 are not confined to a         
theological sect1 but are also a        
political faction4 #ast1 ,as            
theological1 we are to show that they do
 not aim at the quiet enjoyment of their
 own liberty1 but are associated for the
 express purpose of proselytism4 ,in    
proof of this first proposition1 read   
their primary association4 #bnd1 ,that  
their purpose of proselytism is to      
collect a multitude sufficient by force 
and violence to overturn the ,church4   
,in proof of the second proposition1 see
 the letter of ,priestley to ,mr4 ,pitt1
 and extracts from his works4 #crd1     
,that the designs against the ,church   
are concurrent with a design to subvert 
the ,state4 ,in proof of the third      
proposition1 read the advertisement of  
the ,unitarian ,society for celebrating 
the #adth of ,july4 #dth1 ,on what model
 they intend to build1--that it is the  
,french4 ,in proof of the fourth        
proposition1 read the correspondence of 
the ,revolution ,society with the clubs 

of ,france1 read ,priestley's adherence 
to their opinions4 #eth1 ,what the      
,french is with regard to religious     
toleration1 and with regard to1 #a4     
,religion1--#b4 ,civil happiness1--#c4  
,virtue1 order1 and real liberty1--#d4  
,commercial opulence1--#e4 ,national    
defence4 ,in proof of the fifth         
proposition1 read the representation of 
the ,french minister of the ,home       
,department1 and the report of the      
committee upon it4  ,formerly1 when the 
superiority of two parties contending   
for dogmas and an establishment was the 
question1 we knew in such a contest the 
whole of the evil4 ,we knew1 for        
instance1 that ,calvinism would prevail 
according to the ,westminster ,catechism
 with regard to tenets4 ,we knew that   
,presbytery would prevail in church     
government4 ,but we do not know what    
opinions would prevail1 if the present  
,dissenters should become masters4 ,they
 will not tell us their present         
opinions2 and one principle of modern   

,dissent is1 not to discover them4      
,next1 as their religion1 is in a       
continual fluctuation1 and is so by     
principle and in profession1 it is      
impossible for us to know what it will  
be4 ,if religion only related to the    
individual1 and was a question between  
,god and the conscience1 it would not be
 wise1 nor in my opinion equitable1 for 
human authority to step in4 ,but when   
religion is embodied into faction1 and  
factions have objects to pursue1 it will
 and must1 more or less1 become a       
question of power between them4 ,if     
even1 when embodied into congregations1 
they limited their principle to their   
own congregations1 and were satisfied   
themselves to abstain from what they    
thought unlawful1 it would be cruel1 in 
my opinion1 to molest them in that      
tenet1 and a consequent practice4 ,but  
we know that they not only entertain    
these opinions1 but entertain them with 
a zeal for propagating them by force1   
and employing the power of law and place

 to destroy establishments1 if ever they
 should come to power sufficient to     
effect their purpose3 that is1 in other 
words1 they declare they would persecute
 the heads of our ,church2 and the      
question is1 whether you should keep    
them within the bounds of toleration1 or
 subject yourself to their persecution4 
,a bad and very censurable practice it  
is to warp doubtful and ambiguous       
expressions to a perverted sense1 which 
makes the charge not the crime of       
others1 but the construction of your own
 malice2 nor is it allowed to draw      
conclusions from allowed premises1 which
 those who lay down the premises utterly
 deny1 and disown as their conclusions4 
,for this1 though it may possibly be    
good logic1 cannot by any possibility   
whatsoever be a fair or charitable      
representation of any man or any set of 
men4 ,it may show the erroneous nature  
of principles1 but it argues nothing as 
to dispositions and intentions4 ,far be 
such a mode from me6 ,a mean and        

unworthy jealousy it would be to do     
anything upon1 the mere speculative     
apprehension of what men will do4 ,but  
let us pass by our opinions concerning  
the danger of the ,church4 ,what do the 
gentlemen themselves think of that      
danger8 ,they from1 whom the danger is  
apprehended1 what do they declare to be 
their own designs8 ,what do they        
conceive to be their own forces8 ,and   
what do they proclaim to be their means8
 ,their designs they declare to be to   
destroy the ,established ,church2 and   
not to set up a new one of their own4   
,see ,priestley4 ,if they should find   
the ,state stick to the ,church1 the    
question is1 whether they love the      
constitution in ,state so well as that  
they would not destroy the constitution 
of the ,state in order to destroy that  
of the ,church4 ,most certainly they do 
not4  ,the foundations on which         
obedience to governments is founded are 
not to be constantly discussed4 ,that we
 are here supposes the discussion       

already made and the dispute settled4   
,we must assume the rights of what      
represents the public to control the    
individual1 to make his will and his    
acts to submit to their will1 until some
 intolerable grievance shall make us    
know that it does not answer its end1   
and will submit neither to reformation  
nor restraint4 ,otherwise we should     
dispute all the points of morality1     
before we can punish a murderer1 robber1
 and adulterer2 we should analyze all   
society4 ,dangers by being despised grow
 great2 so they do by absurd provision  
against them4 ,stulti est dixisse1 ,non 
putram4 ,whether an early discovery of  
evil designs1 an early declaration1 and 
an early precaution against them be more
 wise than to stifle all inquiry about  
them1 for fear they should declare      
themselves more early than otherwise    
they would1 and therefore precipitate   
the evil1--all this depends on the      
reality of the danger4 ,is it only an   
unbookish jealousy1 as ,shakspeare calls

 it8 ,it is a question of fact4 ,does a 
design against the ,constitution of this
 country exist8 ,if it does1 and if it  
is carried on with increasing vigor and 
activity by a restless faction1 and if  
it receives countenance by the most     
ardent and enthusiastic applauses of its
 object in the great council of this    
kingdom1 by men of the first parts which
 this kingdom produces1 perhaps by the  
first it has ever produced1 can ,i think
 that there is no danger8 ,if there be  
danger1 must there be no precaution at  
all against it8 ,if you ask whether ,i  
think the danger urgent and immediate1  
,i answer1 ,thank ,god1 ,i do not4 ,the 
body of the people is yet sound1 the    
,constitution is in their hearts1 while 
wicked men are endeavoring to put       
another into their heads4 ,but if ,i see
 the very same beginnings which have    
commonly ended in great calamities1 ,i  
ought to act as if they might produce   
the very same effects4 ,early and       
provident fear is the mother of safety2 

because in that state of things the mind
 is firm and collected1 and the judgment
 unembarrassed4 ,but when the fear and  
the evil feared come on together1 and   
press at once upon us1 deliberation     
itself is ruinous1 which saves upon all 
other occasions2 because1 when perils   
are instant1 it delays decision3 the man
 is in a flutter1 and in a hurry1 and   
his judgment is gone1--as the judgment  
of the deposed ,king of ,france and his 
ministers was gone1 if the latter did   
not premeditately betray him4 ,he was   
just come from his usual amusement of   
hunting1 when the head of the column of 
treason and assassination was arrived at
 his house4 ,let not the king1 let not  
the ,prince of ,wales1 be surprised in  
this manner4 ,let not both ,houses of   
,parliament be led in triumph along with
 him1 and have law dictated to them1 by 
the ,constitutional1 the ,revolution1   
and the ,unitarian ,societies4 ,these   
insect reptiles1 whilst they go on only 
caballing and toasting1 only fill us    

with disgust2 if they get above their   
natural size1 and increase the quantity 
whilst they keep the quality of their   
venom1 they become objects of the       
greatest terror4 ,a spider in his       
natural size is only a spider1 ugly and 
loathsome2 and his flimsy net is only   
fit for catching flies4 ,but1 good ,god6
 suppose a spider as large as an ox1 and
 that he spread cables about us1 all the
 wilds of ,africa would not produce     
anything so dreadful3--      ,quale     
portentum neque militaris     ,daunia in
 latis alit esculetis1     ,nec ,jub    
tellus generat1 leonum         ,arida   
nutrix4  ,think of them who dare menace 
in the way they do in their present     
state1 what would they do1 if they had  
power commensurate to their malice8 ,god
 forbid ,i ever should have a despotic  
master6--but if ,i must1 my choice is   
made4 ,i will have ,louis the ,sixteenth
 rather than ,monsieur ,bailly1 or      
,brissot1 or ,chabot1--rather ,george   
the ,third1 or ,george the ,fourth1     

than4 ,dr4 ,priestley1 or ,dr4          
,kippis1--persons who would not load a  
tyrannous power by the poisoned taunts  
of a vulgar1 low-bred insolence4 ,i hope
 we have still spirit enough to keep us 
from the one or the other4 ,the         
contumelies of tyranny are the worst    
parts of it4  ,but if the danger be     
existing in reality1 and silently       
maturing itself to our destruction1     
what6 is it not better to take treason  
unprepared than that treason should come
 by surprise upon us and take us        
unprepared8 ,if we must have a conflict1
 let us have it with all our forces     
fresh about us1 with our government in  
full function and full strength1 our    
troops uncorrupted1 our revenues in the 
legal hands1 our arsenals filled and    
possessed by government1--and not wait  
till the conspirators met to commemorate
 the #adth of ,july shall seize on the  
,tower of ,london and the magazines it  
contains1 murder the governor1 and the  
mayor of ,london1 seize upon the king's 

person1 drive out the ,house of ,lords1 
occupy your gallery1 and thence1 as from
 an high tribunal1 dictate to you4 ,the 
degree of danger is not only from the   
circumstances which threaten1 but from  
the value of the objects which are      
threatened4 ,a small danger menacing an 
inestimable object is of more importance
 than the greatest perils which regard  
one that is indifferent to us4 ,the     
whole question of the danger depends    
upon facts4 ,the first fact is1 whether 
those who sway in ,france at present    
confine themselves to the regulation of 
their internal affairs1--or whether upon
 system they nourish cabals in all other
 countries1 to extend their power by    
producing revolutions similar to their  
own4 #b4 ,the next is1 whether we have  
any cabals formed or forming within     
these kingdoms1 to coperate with them   
for the destruction of our              
,constitution4 ,on the solution of these
 two questions1 joined with our opinion 
of the value of the object to be        

affected by their machinations1 the     
justness of our alarm and the necessity 
of our vigilance must depend4 ,every    
private conspiracy1 every open attack   
upon the laws1 is dangerous4 ,one       
robbery is an alarm to all property2    
else ,i am sure we exceed measure in our
 punishment4 ,as robberies increase in  
number and audacity1 the alarm          
increases4 ,these wretches are at war   
with us upon principle4 ,they hold this 
government to be an usurpation4 ,see the
 language of the ,department4  ,the     
whole question is on the reality of the 
danger4 ,is it such a danger as would   
justify that fear qui cadere potest in  
hominem constantem et non metuentem8    
,this is the fear which the principles  
of jurisprudence declare to be a lawful 
and justifiable fear4 ,when a man       
threatens my life openly and publicly1  
,i may demand from him securities of the
 peace4 ,when every act of a man's life 
manifests such a design stronger than by
 words1 even though he does not make    

such a declaration1 ,i am justified in  
being on my guard4 ,they are of opinion 
that they are already one fifth of the  
kingdom4 ,if so1 their force is         
naturally not contemptible4 ,to say that
 in all contests the decision will of   
course be in favor of the greater number
 is by no means true in fact4 ,for1     
first1 the greater number is generally  
composed of men of sluggish tempers1    
slow to act1 and unwilling to attempt1  
and1 by being in possession1 are so     
disposed to peace that they are         
unwilling to take early and vigorous    
measures for their defence1 and they are
 almost always caught unprepared3--     
,nec coere pares3 alter vergentibus     
annis     ,in senium1 longoque tog      
tranquillior usu4     ,dedidicit jam    
pace ducem2444     ,nec reparare novas  
vires1 multumque priori     ,credere    
fortun3 stat magni nominis umbra4#a  ,a 
smaller number1 more expedite1 awakened1
 active1 vigorous1 and courageous1 who  
make amends for what they want in weight

 by their superabundance of velocity1   
will create an acting power of the      
greatest possible strength4 ,when men   
are furiously and fanatically fond of an
 object1 they will prefer it1 as is well
 known1 to their own peace1 to their own
 property1 and to their own lives3 and  
can there be a doubt1 in such a case1   
that they would prefer it to the peace  
of their country8 ,is it to be doubted1 
that1 if they have not strength enough  
at home1 they will call in foreign force
 to aid them8  ,would you deny them what
 is reasonable1 for fear they should8   
,certainly not4 ,it would be barbarous  
to pretend to look into the minds of    
men4 ,i would go further3 it would not  
be just even to trace consequences from 
principles which1 though evident to me1 
were denied by them4 ,let them disband  
as a faction1 and let them act as       
individuals1 and when ,i see them with  
no other views than to enjoy their own  
conscience in peace1 ,i1 for one1 shall 
most cheerfully vote for their relief4  

,a tender conscience1 of all things1    
ought to be tenderly handled2 for if you
 do not1 you injure not only the        
conscience1 but the whole moral frame   
and constitution is injured1 recurring  
at times to remorse1 and seeking refuge 
only in making the conscience callous4  
,but the conscience of faction1--the    
conscience of sedition1--the conscience 
of conspiracy1 war1 and confusion4444   
,whether anything be proper to be       
denied1 which is right in itself1       
because it may lead to the demand of    
others which it is improper to grant8   
,abstractedly speaking1 there can be no 
doubt that this question ought to be    
decided in the negative4 ,but as no     
moral questions are ever abstract       
questions1 this1 before ,i judge upon   
any abstract proposition1 must be       
embodied in circumstances2 for1 since   
things are right or wrong1 morally      
speaking1 only by their relation and    
connection with other things1 this very 
question of what it is politically right

 to grant depends upon this relation to 
its effects4 ,it is the direct office of
 wisdom to look to the consequences of  
the acts we do3 if it be not this1 it is
 worth nothing1 it is out of place and  
of function1 and a downright fool is as 
capable of government as ,charles ,fox4 
,a man desires a sword3 why should he be
 refused8 ,a sword is a means of        
defence1 and defence is the natural     
right of man1--nay1 the first of all his
 rights1 and which comprehends them all4
 ,but if ,i know that the sword desired 
is to be employed to cut my own throat1 
common sense1 and my own self-defence1  
dictate to me to keep out of his hands  
this natural right of the sword4 ,but   
whether this denial be wise or foolish1 
just or unjust1 prudent or cowardly1    
depends entirely on the state of the    
man's means4 ,a man may have very ill   
dispositions1 and yet be so very weak as
 to make all precaution foolish4 ,see   
whether this be the case of these       
,dissenters1 as to their designs1 as to 

their means1 numbers1 activity1 zeal1   
foreign assistance4  ,the first         
question1 to be decided1 when we talk of
 the ,church's being in danger from any 
particular measure1 is1 whether the     
danger to the ,church is a public evil3 
for to those who think that the national
 ,church ,establishment is itself a     
national grievance1 to desire them to   
forward or to resist any measure1 upon  
account of its conducing to the safety  
of the ,church or averting its danger1  
would be to the last degree absurd4 ,if 
you have reason to think thus of it1    
take the reformation instantly into your
 own hands1 whilst you are yet cool1 and
 can do it in measure and proportion1   
and not under the influence of election 
tests and popular fury4 ,but here ,i    
assume that by far the greater number of
 those who compose the ,house are of    
opinion that this national ,church      
,establishment is a great national      
benefit1 a great public blessing1 and   
that its existence or its non-existence 

of course is a thing by no means        
indifferent to the public welfare3 then 
to them its danger or its safety must   
enter deeply into every question which  
has a relation to it4 ,it is not because
 ungrounded alarms have been given that 
there never can exist a real danger3    
perhaps the worst effect of an          
ungrounded alarm is to make people      
insensible to the approach of a real    
peril4 ,quakerism is strict1 methodical1
 in its nature highly aristocratical1   
and so regular that it has brought the  
whole community to the condition of one 
family2 but it does not actually        
interfere with the government4 ,the     
principle of your petitioners is no     
passive conscientious dissent1 on       
account of an over-scrupulous habit of  
mind3 the dissent on their part is      
fundamental1 goes to the very root2 and 
it is at issue not upon this rite or    
that ceremony1 on this or that school   
opinion1 but upon this one question of  
an ,establishment1 as unchristian1      

unlawful1 contrary to the ,gospel and to
 natural right1 ,popish and idolatrous4 
,these are the principles violently and 
fanatically held and pursued1--taught to
 their children1 who are sworn at the   
altar like ,hannibal4 ,the war is with  
the ,establishment itself1--no quarter1 
no compromise4 ,as a party1 they are    
infinitely mischievous3 see the         
declarations of ,priestley and          
,price1--declarations1 you will say1 of 
hot men4 ,likely enough3 but who are the
 cool men who have disclaimed them8 ,not
 one1--no1 not one4 ,which of them has  
ever told you that they do not mean to  
destroy the ,church1 if ever it should  
be in their power8 ,which of them has   
told you that this would not be the     
first and favorite use of any power they
 should get8 ,not one1--no1 not one4    
,declarations of hot men6 ,the danger is
 thence1 that they are under the conduct
 of hot men3 falsos in amore odia non   
fingere4  ,they say they are well       
affected to the ,state1 and mean only to

 destroy the ,church4 ,if this be the   
utmost of their meaning1 you must first 
consider whether you wish your ,church  
,establishment to be destroyed4 ,if you 
do1 you had much better do it now in    
temper1 in a grave1 moderate1 and       
parliamentary way4 ,but if you think    
otherwise1 and that you think it to be  
an invaluable blessing1 a way fully     
sufficient to nourish a manly1 rational1
 solid1 and at the same time humble     
piety1--if you find it well fitted to   
the frame and pattern of your civil     
constitution1--if you find it a barrier 
against fanaticism1 infidelity1 and     
atheism1--if you find that it furnishes 
support to the human mind in the        
afflictions and distresses of the world1
 consolation in sickness1 pain1 poverty1
 and death1--if it dignifies our nature 
with the hope of immortality1 leaves    
inquiry free1 whilst it preserves an    
authority to teach1 where authority only
 can teach1 communia altaria1 que ac    
patriam1 diligite1 colite1 fovete4  ,in 

the discussion of this subject which    
took place in the year #agij1 ,mr4      
,burke declared his intention1 in case  
the motion for repealing the ,test ,acts
 had been agreed to1 of proposing to    
substitute the following test in the    
room of what was intended to be         
repealed3--  ,i1 ,a4,b41 do1 in the     
presence of ,god1 sincerely profess and 
believe that a religious establishment  
in this state is not contrary to the law
 of ,god1 or disagreeable to the law of 
,nature1 or to the true principles of   
the ,christian religion1 or that it is  
noxious to the community2 and ,i do     
sincerely promise and engage1 before    
,god1 that ,i never will1 by any        
conspiracy1 contrivance1 or political   
device whatever1 attempt1 or abet others
 in any attempt1 to subvert the         
constitution of the ,church of ,england1
 as the same is now by law established1 
and that ,i will not employ any power or
 influence which ,i may derive from any 
office corporate1 or any other office   

which ,i hold or shall hold under his   
,majesty1 his heirs and successors1 to  
destroy and subvert the same1 or to     
cause members to be elected into any    
corporation or into ,parliament1 give my
 vote in the election of any member or  
members of ,parliament1 or into any     
office1 for or on account of their      
attachment to any other or different    
religious opinions or establishments1 or
 with any hope that they may promote the
 same to the prejudice of the           
,established ,church1 but will dutifully
 and peaceably content myself with my   
private liberty of conscience1 as the   
same is allowed by law4 ,so help me     
,god4  ,,footnotes3  #a ,lucan1 ,i4 #abi
 to #ace4     ,,speech  ,,on  ,,the     
,,motion ,,made ,,in ,,the ,,house ,,of 
,,commons1  ,,february #g1 #agga1       
,,relative ,,to  ,,the ,,middlesex      
,,election4     ,,note4   ,the motion   
supported in the following ,speech1     
which was for leave to bring in a bill  
to ascertain the rights of the electors 

in respect to the eligibility of persons
 to serve in ,parliament1 was rejected  
by a majority of #afg against #ajc4     
,,speech4   ,in every complicated       
constitution 7and every free            
constitution is complicated7 cases will 
arise when the several orders of the    
state will clash with one another1 and  
disputes will arise about the limits of 
their several rights and privileges4 ,it
 may be almost impossible to reconcile  
them4444  ,carry the principle on by    
which you expelled ,mr4 ,wilkes1 there  
is not a man in the ,house1 hardly a man
 in the nation1 who may not be          
disqualified4 ,that this ,house should  
have no power of expulsion is an hard   
saying3 that this ,house should have a  
general discretionary power of          
disqualification is a dangerous saying4 
,that the people should not choose their
 own representative is a saying that    
shakes the ,constitution3 that this     
,house should name the representative is
 a saying which1 followed by practice1  

subverts the ,constitution4 ,they have  
the right of electing2 you have a right 
of expelling3 they of choosing2 you of  
judging1 and only of judging1 of the    
choice4 ,what bounds shall be set to the
 freedom of that choice8 ,their right is
 prior to ours3 we all originate there4 
,they are the mortal enemies of the     
,house of ,commons who would persuade   
them to think or to act as if they were 
a self-originated magistracy1           
independent of the people1 and          
unconnected with their opinions and     
feelings4 ,under a pretence of exalting 
the dignity1 they undermine the very    
foundations of this ,house4 ,when the   
question is asked here1 ,what disturbs  
the people8 whence all this clamor8 we  
apply to the ,treasury bench1 and they  
tell us it is from the efforts of       
libellers1 and the wickedness of the    
people3 a worn-out ministerial pretence4
 ,if abroad the people are deceived by  
popular1 within we are deluded by       
ministerial cant4  ,the question amounts

 to this3 ,whether you mean to be a     
legal tribunal1 or an arbitrary and     
despotic assembly8 ,i see and ,i feel   
the delicacy and difficulty of the      
ground upon which we stand in this      
question4 ,i could wish1 indeed1 that   
they who advise the crown had not left  
,parliament in this very ungraceful     
distress1 in which they can neither     
retract with dignity nor persist with   
justice4 ,another ,parliament might have
 satisfied the people without lowering  
themselves4 ,but our situation is not in
 our own choice3 our conduct in that    
situation is all that is in our own     
option4 ,the substance of the question  
is1 to put bounds to your own power by  
the rules and principles of law4 ,this  
is1 ,i am sensible1 a difficult thing to
 the corrupt1 grasping1 and ambitious   
part of human nature4 ,but the very     
difficulty argues and enforces the      
necessity of it4 ,first1 because the    
greater the power1 the more dangerous   
the abuse4 ,since the ,revolution1 at   

least1 the power of the nation has all  
flowed with a full tide into the ,house 
of ,commons4 ,secondly1 because the     
,house of ,commons1 as it is the most   
powerful1 is the most corruptible part  
of the whole ,constitution4 ,our public 
wounds cannot be concealed2 to be cured1
 they must be laid open4 ,the public    
does think we are a corrupt body4 ,in   
our legislative capacity1 we are1 in    
most instances1 esteemed a very wise    
body2 in our judicial1 we have no       
credit1 no character at all4 ,our       
judgments stink in the nostrils of the  
people4 ,they think us to be not only   
without virtue1 but without shame4      
,therefore the greatness of our power1  
and the great and just opinion of our   
corruptibility and our corruption1      
render it necessary to fix some bound1  
to plant some landmark1 which we are    
never to exceed4 ,this is what the bill 
proposes4  ,first1 on this head1 ,i lay 
it down as a fundamental rule in the law
 and ,constitution of this country1 that

 this ,house has not by itself alone a  
legislative authority in any case       
whatsoever4 ,i know that the contrary   
was the doctrine of the usurping ,house 
of ,commons1 which threw down the fences
 and bulwarks of law1 which annihilated 
first the lords1 then the crown1 then   
its constituents4 ,but the first thing  
that was done on the restoration of the 
,constitution was to settle this point4 
,secondly1 ,i lay it down as a rule1    
that the power of occasional            
incapacitation1 on discretionary        
grounds1 is a legislative power4 ,in    
order to establish this principle1 if it
 should not be sufficiently proved by   
being stated1 tell me what are the      
criteria1 the characteristics1 by which 
you distinguish between a legislative   
and a juridical act4 ,it will be        
necessary to state1 shortly1 the        
difference between a legislative and a  
juridical act4  ,a legislative act has  
no reference to any rule but these      
two1--original justice1 and             

discretionary application4 ,therefore it
 can give rights1--rights where no      
rights existed before2 and it can take  
away rights where they were before      
established4 ,for the law1 which binds  
all others1 does not and cannot bind the
 law-maker3 he1 and he alone1 is above  
the law4 ,but a judge1 a person         
exercising a judicial capacity1 is      
neither to apply to original justice nor
 to a discretionary application of it4  
,he goes to justice and discretion only 
at second hand1 and through the medium  
of some superiors4 ,he is to work       
neither upon his opinion of the one nor 
of the other1 but upon a fixed rule1 of 
which he has not the making1 but singly 
and solely the application to the case4 
,the power assumed by the ,house neither
 is nor can be judicial power exercised 
according to known law4 ,the properties 
of law are1 first1 that it should be    
known2 secondly1 that it should be      
fixed1 and not occasional4 ,first1 this 
power cannot be according to the first  

property of law2 because no man does or 
can know it1 nor do you yourselves know 
upon what grounds you will vote the     
incapacity of any man4 ,no man in       
,westminster ,hall1 or in any court upon
 earth1 will say that is law1 upon      
which1 if a man going to his counsel    
should say to him1 ,what is my tenure in
 law of this estate8 he would answer1   
,truly1 ,sir1 ,i know not2 the court has
 no rule but its own discretion2 they   
will determine4 ,it is not a fixed law2 
because you profess you vary it         
according to the occasion1 exercise it  
according to your discretion1 no man can
 call for it as a right4 ,it is argued1 
that the incapacity is not originally   
voted1 but a consequence of a power of  
expulsion4 ,but if you expel1 not upon  
legal1 but upon arbitrary1 that is1 upon
 discretionary grounds1 and the         
incapacity is ex vi termini and         
inclusively comprehended in the         
expulsion1 is not the incapacity voted  
in the expulsion8 ,are they not         

convertible terms8 ,and if incapacity is
 voted to be inherent in expulsion1 if  
expulsion be arbitrary1 incapacity is   
arbitrary also4 ,i have therefore shown 
that the power of incapacitation is a   
legislative power2 ,i have shown that   
legislative power does not belong to the
 ,house of ,commons2 and therefore it   
follows that the ,house of ,commons has 
not a power of incapacitation4  ,i know 
not the origin of the ,house of         
,commons1 but am very sure that it did  
not create itself2 the electors were    
prior to the elected1 whose rights      
originated either from the people at    
large1 or from some other form of       
legislature1 which never could intend   
for the chosen a power of superseding   
the choosers4  ,if you have not a power 
of declaring an incapacity simply by the
 mere act of declaring it1 it is evident
 to the most ordinary reason you cannot 
have a right of expulsion1 inferring1 or
 rather including1 an incapacity4 ,for  
as the law1 when it gives any direct    

right1 gives also as necessary incidents
 all the means of acquiring the         
possession of that right1 so1 where it  
does not give a right directly1 it      
refuses all the means by which such a   
right may by any mediums be exercised1  
or in effect be indirectly acquired4    
,else it is very obvious that the       
intention of the law in refusing that   
right might be entirely frustrated1 and 
the whole power of the legislature      
baffled4 ,if there be no certain1       
invariable rule of eligibility1 it were 
better to get simplicity1 if certainty  
is not to be had1 and to resolve all the
 franchises of the subject into this one
 short proposition1--the will and       
pleasure of the ,house of ,commons4     
,the argument drawn from the courts of  
law applying the principles of law to   
new cases as they emerge is altogether  
frivolous1 inapplicable1 and arises from
 a total ignorance of the bounds between
 civil and criminal jurisdiction1 and of
 the separate maxims that govern these  

two provinces of law1 that are eternally
 separate4 ,undoubtedly the courts of   
law1 where a new case comes before them1
 as they do every hour1 then1 that there
 may be no defect in justice1 call in   
similar principles1 and the example of  
the nearest determination1 and do       
everything to draw the law to as near a 
conformity to general equity and right  
reason as they can bring it with its    
being a fixed principle4 ,boni judicis  
est ampliare justitiam1--that is1 to    
make open and liberal justice4 ,but in  
criminal matters this parity of reason  
and these analogies ever have been and  
ever ought to be shunned4  ,whatever is 
incident to a court of judicature is    
necessary to the ,house of ,commons as  
judging in elections4 ,but a power of   
making incapacities is not necessary to 
a court of judicature3 therefore a power
 of making incapacities is not necessary
 to the ,house of ,commons4             
,incapacity1 declared by whatever       
authority1 stands upon two principles3  

first1 an incapacity arising from the   
supposed incongruity of two duties in   
the commonwealth2 secondly1 an          
incapacity arising from unfitness by    
infirmity of nature or the criminality  
of conduct4 ,as to the first class of   
incapacities1 they have no hardship     
annexed to them4 ,the persons so        
incapacitated are paid by one dignity   
for what they abandon in another1 and   
for the most part the situation arises  
from their own choice4 ,but as to the   
second1 arising from an unfitness not   
fixed by ,nature1 but superinduced by   
some positive acts1 or arising from     
honorable motives1 such as an occasional
 personal disability1 of all things it  
ought to be defined by the fixed rule of
 law1 what ,lord ,coke calls the golden 
metwand of the law1 and not by the      
crooked cord of discretion4 ,whatever is
 general is better borne4 ,we take our  
common lot with men of the same         
description4 ,but to be selected and    
marked out by a particular brand of     

unworthiness among our fellow-citizens  
is a lot of all others the hardest to be
 borne1 and consequently is of all      
others that act winch ought only to be  
trusted to the legislature1 as not only 
legislative in its nature1 but of all   
parts of legislature the most odious4   
,the question is over1 if this is shown 
not to be a legislative act4  ,but what 
is very usual and natural is1 to corrupt
 judicature into legislature4 ,on this  
point it is proper to inquire whether a 
court of judicature which decides       
without appeal has it as a necessary    
incident of such judicature1 that       
whatever it decides is de jure law4     
,nobody will1 ,i hope1 assert this2     
because the direct consequence would be 
the entire extinction of the difference 
between true and false judgments4 ,for  
if the judgment makes the law1 and not  
the law directs the judgment1 it is     
impossible there should be such a thing 
as an illegal judgment given4  ,but     
instead of standing upon this ground1   

they introduce another question wholly  
foreign to it3 ,whether it ought not to 
be submitted to as if it were law8 ,and 
then the question is1--,by the          
,constitution of this country1 what     
degree of submission is due to the      
authoritative acts of a limited power8  
,this question of submission1 determine 
it how you please1 has nothing to do in 
this discussion and in this ,house4     
,here it is not1 how long the people are
 bound to tolerate the illegality of our
 judgments1 but whether we have a right 
to substitute our occasional opinion in 
the place of law1 so as to deprive the  
citizen of his franchise4444            
,,speech  ,,on  ,a ,,bill ,,for         
,,shortening ,,the ,,duration ,,of      
,,parliaments4  ,,may #h1 #aghj4   ,it  
is always to be lamented1 when men are  
driven to search into the foundations of
 the commonwealth4 ,it is certainly     
necessary to resort to the theory of    
your government1 whenever you propose   
any alteration in the frame of          

it1--whether that alteration means the  
revival of some former antiquated and   
forsaken constitution of state1 or the  
introduction of some new improvement in 
the commonwealth4 ,the object of our    
deliberation is1 to promote the good    
purposes for which elections have been  
instituted1 and to prevent their        
inconveniences4 ,if we thought frequent 
elections attended with no              
inconvenience1 or with but a trifling   
inconvenience1 the strong overruling    
principle of the ,constitution would    
sweep us like a torrent towards them4   
,but your remedy is to be suited to your
 disease1 your present disease1 and to  
your whole disease4 ,that man thinks    
much too highly1 and therefore he thinks
 weakly and delusively1 of any          
contrivance of human wisdom1 who        
believes that it can make any sort of   
approach to perfection4 ,there is not1  
there never was1 a principle of         
government under heaven1 that does not1 
in the very pursuit of the good it      

proposes1 naturally and inevitably lead 
into some inconvenience which makes it  
absolutely necessary to counterwork and 
weaken the application of that first    
principle itself1 and to abandon        
something of the extent of the advantage
 you proposed by it1 in order to prevent
 also the inconveniences which have     
arisen from the instrument of all the   
good you had in view4  ,to govern       
according to the sense and agreeably to 
the interests of the people is a great  
and glorious object of government4 ,this
 object cannot be obtained but through  
the medium of popular election2 and     
popular election is a mighty evil4 ,it  
is such and so great an evil1 that1     
though there are few nations whose      
monarchs were not originally elective1  
very few are now elected4 ,they are the 
distempers of elections that have       
destroyed all free states4 ,to cure     
these distempers is difficult1 if not   
impossible2 the only thing1 therefore1  
left to save the commonwealth is1 to    

prevent their return too frequently4    
,the objects in view are1 to have       
,parliaments as frequent as they can be 
without distracting them in the         
prosecution of public business3 on one  
hand1 to secure their dependence upon   
the people2 on the other1 to give them  
that quiet in their minds and that ease 
in their fortunes as to enable them to  
perform the most arduous and most       
painful duty in the world with spirit1  
with efficiency1 with independency1 and 
with experience1 as real public         
counsellors1 not as the canvassers at a 
perpetual election4 ,it is wise to      
compass as many good ends as possibly   
you can1 and1 seeing there are          
inconveniences on both sides1 with      
benefits on both1 to give up a part of  
the benefit to soften the inconvenience4
 ,the perfect cure is impracticable2    
because the disorder is dear to those   
from whom alone the cure can possibly be
 derived4 ,the utmost to be done is to  
palliate1 to mitigate1 to respite1 to   

put off the evil day of the             
,constitution to its latest possible    
hour1--and may it be a very late one6   
,this bill1 ,i fear1 would precipitate  
one of two consequences1--,i know not   
which most likely1 or which most        
dangerous3 either that the crown1 by its
 constant1 stated power1 influence1 and 
revenue1 would wear out all opposition  
in elections1 or that a violent and     
furious popular spirit would arise4 ,i  
must see1 to satisfy me1 the remedies2  
,i must see1 from their operation in the
 cure of the old evil1 and in the cure  
of those new evils which are inseparable
 from all remedies1 how they balance    
each other1 and what is the total       
result4 ,the excellence of mathematics  
and metaphysics is1 to have but one     
thing before you2 but he forms the best 
judgment in all moral disquisitions who 
has the greatest number and variety of  
considerations in one view before him1  
and can take them in with the best      
possible consideration of the middle    

results of all4  ,we of the opposition1 
who are not friends to the bill1 give   
this pledge at least of our integrity   
and sincerity to the people1--that in   
our situation of systematic opposition  
to the present ministers1 in which all  
our hope of rendering it effectual      
depends upon popular interest and favor1
 we will not flatter them by a surrender
 of our uninfluenced judgment and       
opinion2 we give a security1 that1 if   
ever we should be in another situation1 
no flattery to any other sort of power  
and influence would induce us to act    
against the true interests of the       
people4  ,all are agreed that           
,parliaments should not be perpetual2   
the only question is1 ,what is the most 
convenient time for their duration8--on 
which there are three opinions4 ,we are 
agreed1 too1 that the term ought not to 
be chosen most likely in its operation  
to spread corruption1 and to augment the
 already overgrown influence of the     
crown4 ,on these principles ,i mean to  

debate the question4 ,it is easy to     
pretend a zeal for liberty4 ,those who  
think themselves not likely to be       
incumbered with the performance of their
 promises1 either from their known      
inability or total indifference about   
the performance1 never fail to entertain
 the most lofty ideas4 ,they are        
certainly the most specious2 and they   
cost them neither reflection to frame1  
nor pains to modify1 nor management to  
support4 ,the task is of another nature 
to those who mean to promise nothing    
that it is not in their intention1 or   
may possibly be in their power to       
perform1--to those who are bound and    
principled no more to delude the        
understandings than to violate the      
liberty of their fellow-subjects4       
,faithful watchmen we ought to be over  
the rights and privileges of the people4
 ,but our duty1 if we are qualified for 
it as we ought1 is to give them         
information1 and not to receive it from 
them3 we are not to go to school to     

them1 to learn the principles of law and
 government4 ,in doing so1 we should not
 dutifully serve1 but we should basely  
and scandalously betray the people1 who 
are not capable of this service by      
nature1 nor in any instance called to it
 by the ,constitution4 ,i reverentially 
look up to the opinion of the people1   
and with an awe that is almost          
superstitious4 ,i should be ashamed to  
show my face before them1 if ,i changed 
my ground as they cried up or cried down
 men or things or opinions1--if ,i      
wavered and shifted about with every    
change1 and joined in it or opposed as  
best answered any low interest or       
passion1--if ,i held them up hopes which
 ,i knew ,i never intended1 or promised 
what ,i well knew ,i could not perform4 
,of all these things they are perfect   
sovereign judges without appeal2 but as 
to the detail of particular measures1 or
 to any general schemes of policy1 they 
have neither enough of speculation in   
the closet nor of experience in business

 to decide upon it4 ,they can well see  
whether we are tools of a court or their
 honest servants4 ,of that they can well
 judge1--and ,i wish that they always   
exercised their judgment2 but of the    
particular merits of a measure ,i have  
other standards4444  ,that the frequency
 of elections proposed by this bill has 
a tendency to increase the power and    
consideration of the electors1 not      
lessen corruptibility1 ,i do most       
readily allow3 so far it is desirable4  
,this is what it has3 ,i will tell you  
now what it has not4 #ast4 ,it has no   
sort of tendency to increase their      
integrity and public spirit1 unless an  
increase of power has an operation upon 
voters in elections1 that it has in no  
other situation in the world1 and upon  
no other part of mankind4 #bnd4 ,this   
bill has no tendency to limit the       
quantity of influence in the crown1 to  
render its operation more difficult1 or 
to counteract that operation which it   
cannot prevent in any way whatsoever4   

,it has its full weight1 its full range1
 and its uncontrolled operation on the  
electors exactly as it had before4 #crd4
 ,nor1 thirdly1 does it abate the       
interest or inclination of ministers to 
apply that influence to the electors3 on
 the contrary1 it renders it much more  
necessary to them1 if they seek to have 
a majority in ,parliament1 to increase  
the means of that influence1 and        
redouble their diligence1 and to sharpen
 dexterity in the application4 ,the     
whole effect of the bill is1 therefore1 
the removing the application of some    
part of the influence from the elected  
to the electors1 and further to         
strengthen and extend a court interest  
already great and powerful in boroughs3 
here to fix their magazines and places  
of arms1 and thus to make them the      
principal1 not the secondary1 theatre of
 their manuvres for securing a          
determined majority in ,parliament4  ,i 
believe nobody will deny that the       
electors are corruptible4 ,they are     

men1--it is saying nothing worse of     
them2 many of them are but ill informed 
in their minds1 many feeble in their    
circumstances1 easily overreached1      
easily seduced4 ,if they are many1 the  
wages of corruption are the lower2 and  
would to ,god it were not rather a      
contemptible and hypocritical adulation 
than a charitable sentiment1 to say that
 there is already no debauchery1 no     
corruption1 no bribery1 no perjury1 no  
blind fury and interested faction among 
the electors in many parts of this      
kingdom6--nor is it surprising1 or at   
all blamable1 in that class of private  
men1 when they see their neighbors      
aggrandized1 and themselves poor and    
virtuous without that clat or dignity   
which attends men in higher situations4 
,but admit it were true that the great  
mass of the electors were too vast an   
object for court influence to grasp or  
extend to1 and that in despair they must
 abandon it2 he must be very ignorant of
 the state of every popular interest1   

who does not know that in all the       
corporations1 all the open boroughs1    
indeed in every district of the kingdom1
 there is some leading man1 some        
agitator1 some wealthy merchant or      
considerable manufacturer1 some active  
attorney1 some popular preacher1 some   
money-lender1 c41 c41 who is followed by
 the whole flock4 ,this is the style of 
all free countries4          ,multum in 
,fabi valet hic1 valet ille ,velin2     
,cuilibet hic fasces dabit1 eripietque  
curule4  ,these spirits1 each of which  
informs and governs his own little orb1 
are neither so many1 nor so little      
powerful1 nor so incorruptible1 but that
 a minister may1 as he does frequently1 
find means of gaining them1 and through1
 them all their followers4 ,to          
establish1 therefore1 a very general    
influence among electors will no more be
 found an impracticable project than to 
gain an undue influence over members of 
,parliament4 ,therefore ,i am           
apprehensive that this bill1 though it  

shifts the place of the disorder1 does  
by no means relieve the ,constitution4  
,i went through almost every contested  
election in the beginning of this       
,parliament1 and acted as a manager in  
very many of them2 by which1 though as  
at a school of pretty severe and rugged 
discipline1 ,i came to have some degree 
of instruction concerning the means by  
which ,parliamentary interests are in   
general procured and supported4         
,theory1 ,i know1 would suppose that    
every general election is to the        
representative a day of judgment1 in    
which he appears before his constituents
 to account for the use of the talent   
with which they intrusted him1 and for  
the improvement he has made of it for   
the public advantage4 ,it would be so1  
if every corruptible representative were
 to find an enlightened and             
incorruptible constituent4 ,but the     
practice and knowledge of the world will
 not suffer us to be ignorant that the  
,constitution on paper is one thing1 and

 in fact and experience is another4 ,we 
must know that the candidate1 instead of
 trusting at his election to the        
testimony of his behavior in            
,parliament1 must bring the testimony of
 a large sum of money1 the capacity of  
liberal expense in entertainments1 the  
power of serving and obliging the rulers
 of corporations1 of winning over the   
popular leaders of political clubs1     
associations1 and neighborhoods4 ,it is 
ten thousand times more necessary to    
show himself a man of power than a man  
of integrity1 in almost all the         
elections with which ,i have been       
acquainted4 ,elections1 therefore1      
become a matter of heavy expense2 and if
 contests are frequent1 to many they    
will become a matter of an expense      
totally ruinous1 which no fortunes can  
bear1 but least of all the landed       
fortunes1 incumbered as they often1     
indeed as they mostly are1 with debts1  
with portions1 with jointures1 and tied 
up in the hands of the possessor by the 

limitations of settlement4 ,it is a     
material1 it is in my opinion a lasting 
consideration1 in all the questions     
concerning election4 ,let no one think  
the charges of elections a trivial      
matter4  ,the charge1 therefore1 of     
elections ought never to be lost sight  
of in a question concerning their       
frequency2 because the grand object you 
seek is independence4 ,independence of  
mind will ever be more or less          
influenced by independence of fortune2  
and if every three years the exhausting 
sluices of entertainments1 drinkings1   
open houses1 to say nothing of bribery1 
are to be periodically drawn up and     
renewed1--if government favors1 for     
which now1 in some shape or other1 the  
whole race of men are candidates1 are to
 be called for upon every occasion1 ,i  
see that private fortunes will be washed
 away1 and every1 even to the least1    
trace of independence borne down by the 
torrent4 ,i do not seriously think this 
,constitution1 even to the wrecks of it1

 could survive five triennial elections4
 ,if you are to fight the battle1 you   
must put on the armor of the ministry1  
you must call in the public to the aid  
of private money4 ,the expense of the   
last election has been computed 7and ,i 
am persuaded that it has not been       
overrated7 at #a1ejj1jjjl41--three      
shillings in the pound more in than8 the
 land-tax4 ,about the close of the last 
,parliament and the beginning of this1  
several agents for boroughs went about1 
and ,i remember well that it was in     
every one of their mouths1 ,sir1 your   
election will cost you three thousand   
pounds1 if you are independent2 but if  
the ministry supports you1 it may be    
done for two1 and perhaps for less4     
,and1 indeed1 the thing spoke itself4   
,where a living was to be got for one1 a
 commission in the army for another1 a  
lift in the navy for a third1 and       
custom-house offices scattered about    
without measure or number1 who doubts   
but money may be saved8 ,the ,treasury  

may even add money3 but1 indeed1 it is  
superfluous4 ,a gentleman of two        
thousand a year1 who meets another of   
the same fortune1 fights with equal     
arms2 but if to one of the candidates   
you add a thousand a year in places for 
himself1 and a power of giving away as  
much among others1 one must1 or there is
 no truth in arithmetical demonstration1
 ruin his adversary1 if he is to meet   
him and to fight with him every third   
year4 ,it will be said ,i do not allow  
for the operation of character3 but ,i  
do2 and ,i know it will have its weight 
in most elections1--perhaps it may be   
decisive in some2 but there are few in  
which it will prevent great expenses4   
,the destruction of independent fortunes
 will be the consequence on the part of 
the candidate4 ,what will be the        
consequence of triennial corruption1    
triennial drunkenness1 triennial        
idleness1 triennial lawsuits1           
litigations1 prosecutions1 triennial    
frenzy1--of society dissolved1 industry 

interrupted1 ruined1--of those personal 
hatreds that will never be suffered to  
soften1 those animosities and feuds     
which will be rendered immortal1 those  
quarrels which are never to be          
appeased1--morals vitiated and gangrened
 to the vitals8 ,i think no stable and  
useful advantages were ever made by the 
money got at elections by the voter1 but
 all he gets is doubly lost to the      
public3 it is money given to diminish   
the general stock of the community1     
which is in the industry of the subject4
 ,i am sure that it is a good while     
before he or his family settle again to 
their business4 ,their heads will never 
cool2 the temptations of elections will 
be forever glittering before their eyes4
 ,they will all grow politicians2 every 
one1 quitting his business1 will choose 
to enrich himself by his vote4 ,they    
will all take the gauging-rod2 new      
places will be made for them2 they will 
run to the custom-house quay2 their     
looms and ploughs will be deserted4  ,so

 was ,rome destroyed by the disorders of
 continual elections1 though those of   
,rome were sober disorders4 ,they had   
nothing but faction1 bribery1 bread1 and
 stage-plays1 to debauch them3 we have  
the inflammation of liquor superadded1 a
 fury hotter than any of them4 ,there   
the contest was only between citizen and
 citizen3 here you have the contests of 
ambitious citizens of one side supported
 by the crown to oppose to the efforts  
7let it be so7 of private and           
unsupported ambition on the other4 ,yet 
,rome was destroyed by the frequency and
 charge of elections1 and the monstrous 
expense of an unremitted courtship to   
the people4 ,i think1 therefore1 the    
independent candidate and elector may   
each be destroyed by it1 the whole body 
of the community be an infinite         
sufferer1 and a vicious ministry the    
only gainer4  ,gentlemen1 ,i know1 feel 
the weight of this argument2 they agree1
 that this would be the consequence of  
more frequent elections1 if things were 

to continue as they are4 ,but they think
 the greatness and frequency of the evil
 would itself be1 a remedy for          
it1--that1 sitting but for a short time1
 the member would not find it worth     
while to make such vast expenses1 while 
the fear of their constituents will hold
 them the more effectually to their     
duty4  ,to this ,i answer1 that         
experience is full against them4 ,this  
is no new thing2 we have had triennial  
,parliaments2 at no period of time were 
seats more eagerly contested4 ,the      
expenses of elections ran higher1 taking
 the state of all charges1 than they do 
now4 ,the expense of entertainments was 
such1 that an act1 equally1 severe and  
ineffectual1 was made against it2 every 
monument of the time bears witness of   
the expense1 and most of the acts       
against corruption in elections were    
then made2 all the writers talked of it 
and lamented it4 ,will any one think    
that a corporation will be contented    
with a bowl of punch or a piece of beef 

the less1 because elections are every   
three1 instead of every seven years8    
,will they change their wine for ale1   
because they are to get more ale three  
years hence8 ,don't think it4 ,will they
 make fewer demands for the advantages o
 patronage in favors and offices1       
because their member is brought more    
under their power8 ,we have not only our
 own historical experience in ,england  
upon this subject1 but we have the      
experience coexisting with us in        
,ireland1 where1 since their ,parliament
 has been shortened1 the expense of     
elections has been so far from being    
lowered1 that it has been very near     
doubled4 ,formerly they sat for the     
king's life2 the ordinary charge of a   
seat in ,parliament was then fifteen    
hundred pounds4 ,they now sit eight     
years1 four sessions2 it is now         
twenty-five hundred pounds1 and upwards4
 ,the spirit of emulation has also been 
extremely increased1 and all who are    
acquainted with the tone of that country

 have no doubt that the spirit is still 
growing1 that new candidates will take  
the field1 that the contests will be    
more violent1 and the expenses of       
elections larger than ever4  ,it never  
can be otherwise4 ,a seat in this       
,house1 for good purposes1 for bad      
purposes1 for no purposes at all1       
7except the mere consideration derived  
from being concerned in the public      
counsels17 will ever be a first-rate    
object of ambition in ,england4         
,ambition is no exact calculator4       
,avarice itself does not calculate      
strictly1 when it games4 ,one thing is  
certain1--that in this political game   
the great lottery of power is that into 
which men will purchase with millions of
 chances against them4 ,in ,turkey1     
where the place1 where the fortune1     
where the head itself are so insecure   
that scarcely any have died in their    
beds for ages1 so that the bowstring is 
the natural death of bashaws1 yet in no 
country is power and distinction        

7precarious enough1 ,god knows1 in all7 
sought for with such boundless          
avidity1--as if the value of place was  
enhanced by the danger and insecurity of
 its tenure4 ,nothing will ever make a  
seat in this ,house not an object of    
desire to numbers by any means or at any
 charge1 but the depriving it of all    
power and all dignity4 ,this would do   
it4 ,this is the true and only nostrum  
for that purpose4 ,but an ,house of     
,commons without power and without      
dignity1 either in itself or in its     
members1 is no ,house of ,commons for   
the purposes of this ,constitution4     
,but they will be afraid to act ill1 if 
they know that the day of their account 
is always near4 ,i wish it were true2   
but it is not3 here again we have       
experience1 and experience is against   
us4 ,the distemper of this age is a     
poverty of spirit and of genius3 it is  
trifling1 it is futile1 worse than      
ignorant1 superficially taught1 with the
 politics and morals of girls at a      

boarding-school rather than of men and  
statesmen3 but it is not yet desperately
 wicked1 or so scandalously venal as in 
former times4 ,did not a triennial      
,parliament give up the national        
dignity1 approve the peace of ,utrecht1 
and almost give up everything else1 in  
taking every step to defeat the         
,protestant succession8 ,was not the    
,constitution saved by those who had no 
election at all to go to1 the ,lords1   
because the court applied to electors1  
and by various means carried them from  
their true interests1 so that the ,tory 
ministry had a majority without an      
application to a single member8 ,now as 
to the conduct of the members1 it was   
then far from pure and independent4     
,bribery was infinitely more flagrant4  
,a predecessor of yours1 ,mr4 ,speaker1 
put the question of his own expulsion   
for bribery4 ,sir ,william ,musgrave was
 a wise man1 a grave man1 an independent
 man1 a man of good fortune and good    
family2 however1 he carried on1 while in

 opposition1 a traffic1 a shameful      
traffic1 with the ministry4 ,bishop     
,burnet knew of six thousand pounds     
which he had received at one payment4 ,i
 believe the payment of sums in hard    
money1 plain1 naked bribery1 is rare    
amongst us4 ,it was then far from       
uncommon4  ,a triennial was near        
ruining1 a septennial ,parliament saved 
your ,constitution2 nor1 perhaps1 have  
you ever known a more flourishing       
period1 for the union of national       
prosperity1 dignity1 and liberty1 than  
the sixty years you have passed under   
that constitution of ,parliament4  ,the 
shortness of time in which they are to  
reap the profits of iniquity is far from
 checking the avidity of corrupt men2 it
 renders them infinitely more ravenous4 
,they rush violently and precipitately  
on their object2 they lose all regard to
 decorum4 ,the moments of profits are   
precious2 never are men so wicked as    
during a general mortality4 ,it was so  
in the great plague at ,athens1 every   

symptom of which 7and this its worse    
symptom amongst the rest7 is so finely  
related by a great historian of         
antiquity4 ,it was so in the plague of  
,london in #affe4 ,it appears in        
soldiers1 sailors1 c4 ,whoever would    
contrive to render the life of man much 
shorter than it is would1 ,i am         
satisfied1 find the surest receipt for  
increasing the wickedness of our nature4
  ,thus1 in my opinion1 the shortness of
 a triennial sitting would have the     
following ill effects3 ,it would make   
the member more shamelessly and         
shockingly corrupt2 it would increase   
his dependence on those who could best  
support him at his election2 it would   
wrack and tear to pieces the fortunes of
 those who stood upon their own fortunes
 and their private interest2 it would   
make the electors infinitely more venal2
 and it would make the whole body of the
 people1 who are1 whether they have     
votes or not1 concerned in elections1   
more lawless1 more idle1 more debauched2

 it would utterly destroy the sobriety1 
the industry1 the integrity1 the        
simplicity of all the people1 and       
undermine1 ,i am much afraid1 the       
deepest and best-laid foundations of the
 commonwealth4  ,those who have spoken  
and written upon this subject without   
doors do not so much deny the probable  
existence of these inconveniences in    
their measure as they trust for their   
prevention to remedies of various sorts 
which they propose4 ,first1 a place     
bill4 ,but if this will not do1 as they 
fear it will not1 then1 they say1 ,we   
will have a rotation1 and a certain     
number of you shall be rendered         
incapable of being elected for ten      
years4 ,then for the electors1 they     
shall ballot4 ,the members of           
,parliament also shall decide by ballot4
 ,a fifth project is the change of the  
present legal representation of the     
kingdom4 ,on all this ,i shall observe1 
that it will be very unsuitable to your 
wisdom to adopt the project of a bill to

 which there are objections insuperable 
by anything in the bill itself1 upon the
 hope that those objections may be      
removed by subsequent projects1 every   
one of which is full of difficulties of 
its own1 and which are all of them very 
essential alterations in the            
,constitution4 ,this seems very         
irregular and unusual4 ,if anything     
should make this a very doubtful        
measure1 what can make it more so than  
that in the opinion of its advocates it 
would aggravate all our old             
inconveniences in such a manner as to   
require a total alteration in the       
,constitution of the kingdom8 ,if the   
remedies are proper in triennial1 they  
will not be less so in septennial       
elections4 ,let us try them first1--see 
how the ,house relishes them1--see how  
they will operate in the nation1--and   
then1 having felt your way1 and prepared
 against these inconveniences4444  ,the 
honorable gentleman sees that ,i respect
 the principle upon which he goes1 as   

well as his intentions and his          
abilities4 ,he will believe that ,i do  
not differ from him wantonly and on     
trivial grounds4 ,he is very sure that  
it was not his embracing one way which  
determined me to take the other4 ,i have
 not in newspapers1 to derogate from his
 fair fame with the nation1 printed the 
first rude sketch of his bill with      
ungenerous and invidious comments4 ,i   
have not1 in conversations industriously
 circulated about the town1 and talked  
on the benches of this ,house1          
attributed his conduct to motives low   
and unworthy1 and as groundless as they 
are injurious4 ,i do not affect to be   
frightened with this proposition1 as if 
some hideous spectre had started from   
hell1 which was to be sent back again by
 every form of exorcism and every kind  
of incantation4 ,i invoke no ,acheron to
 overwhelm him in the whirlpools of its 
muddy gulf4 ,i do not tell the          
respectable mover and seconder1 by a    
perversion of their sense and           

expressions1 that their proposition     
halts between the ridiculous and the    
dangerous4 ,i am not one of those who   
start up1 three at a time1 and fall upon
 and strike at him with so much         
eagerness that our daggers hack one     
another in his sides4 ,my honorable     
friend has not brought down a spirited  
imp of chivalry to win the first        
achievement and blazon of arms on his   
milk-white shield in a field listed     
against him1--nor brought out the       
generous offspring of lions1 and said to
 them1--,not against that side of the   
forest6 beware of that6--here is the    
prey1 where you are to fasten your      
paws6--and seasoning his unpractised    
jaws with blood1 tell him1--,this is the
 milk for which you are to thirst       
hereafter6 ,we furnish at his expense no
 holiday1--nor suspend hell1 that a     
crafty ,ixion may have rest from his    
wheel1--nor give the common adversary   
7if he be a common adversary7 reason to 
say1--,i would have put in my word to   

oppose1 but the eagerness of your allies
 in your social war was such that ,i    
could not break in upon you4 ,i hope he 
sees and feels1 and that every member   
sees and feels along with him1 the      
difference between amicable dissent and 
civil discord4     ,,speech  ,,on ,a    
,,motion ,,made ,,in ,,the ,,house ,,of 
,,commons1  ,,may #g1 #aghb1  ,,for  ,a 
,,committee ,,to ,,inquire ,,into ,,the 
,,state ,,of ,,the ,,representation ,,of
 ,,the ,,commons ,,in ,,parliament4     
,mr4 ,speaker1--,we have now discovered1
 at the close of the eighteenth century1
 that the ,constitution of ,england1    
which for a series of ages had been the 
proud distinction of this country1      
always the admiration and sometimes the 
envy of the wise and learned in every   
other nation1--we have discovered that  
this boasted ,constitution1 in the most 
boasted part of it1 is a gross          
imposition upon the understanding of    
mankind1 an insult to their feelings1   
and acting by contrivances destructive  

to the best and most valuable interests 
of the people4 ,our political architects
 have taken a survey of the fabric of   
the ,british ,constitution4 ,it is      
singular that they report nothing       
against the crown1 nothing against the  
lords3 but in the ,house of ,commons    
everything is unsound2 it is ruinous in 
every part2 it is infested by the dry   
rot1 and ready to tumble about our ears 
without their immediate help4 ,you know 
by the faults they find what are their  
ideas of the alteration4 ,as all        
government stands upon opinion1 they    
know that the way utterly to destroy it 
is to remove that opinion1 to take away 
all reverence1 all confidence from it2  
and then1 at the first blast of public  
discontent and popular tumult1 it       
tumbles to the ground4  ,in considering 
this question1 they who oppose it oppose
 it on different grounds4 ,one is in the
 nature of a previous question3 that    
some alterations may be expedient1 but  
that this is not the time for making    

them4 ,the other is1 that no essential  
alterations are at all wanting1 and that
 neither now nor at any time is it      
prudent or safe to be meddling with the 
fundamental principles and ancient tried
 usages of our ,constitution1--that our 
representation is as nearly perfect as  
the necessary imperfection of human     
affairs and of human creatures will     
suffer it to be1--and that it is a      
subject of prudent and honest use and   
thankful enjoyment1 and not of captious 
criticism and rash experiment4  ,on the 
other side there are two parties1 who   
proceed on two grounds1 in my opinion1  
as they state them1 utterly             
irreconcilable4 ,the one is juridical1  
the other political4 ,the one is in the 
nature of a claim of right1 on the      
supposed rights of man as man3 this     
party desire the decision of a suit4    
,the other ground1 as far as ,i can     
divine what it directly means1 is1 that 
the representation is not so politically
 framed as to answer the theory of its  

institution4 ,as to the claim of right1 
the meanest petitioner1 the most gross  
and ignorant1 is as good as the best3 in
 some respects his claim is more        
favorable1 on account of his ignorance2 
his weakness1 his poverty1 and distress 
only add to his titles2 he sues in forma
 pauperis2 he ought to be a favorite of 
the court4 ,but when the other ground is
 taken1 when the question is political1 
when a new constitution is to be made on
 a sound theory of government1 then the 
presumptuous pride of didactic ignorance
 is to be excluded from the counsel in  
this high and arduous matter1 which     
often bids defiance to the experience of
 the wisest4 ,the first claims a        
personal representation2 the latter     
rejects it with scorn and fervor4 ,the  
language of the first party is plain and
 intelligible2 they who plead an        
absolute right cannot be satisfied with 
anything short of personal              
representation1 because all natural     
rights must be the rights of            

individuals1 as by nature there is no   
such thing as politic or corporate      
personality3 all these ideas are mere   
fictions of law1 they are creatures of  
voluntary institution2 men as men are   
individuals1 and nothing else4 ,they1   
therefore1 who reject the principle of  
natural and personal representation are 
essentially and eternally at variance   
with those who claim it4 ,as to the     
first sort of reformers1 it is          
ridiculous to talk to them of the       
,british ,constitution upon any or upon 
all of its bases3 for they lay it down1 
that every man ought to govern1 himself1
 and that1 where he cannot go1 himself1 
he must send his representative2 that   
all other government is usurpation1 and 
is so far from having a claim to our    
obedience1 it is not only our right1 but
 our duty1 to resist it4 ,nine tenths of
 the reformers argue thus1--that is1 on 
the natural right4  ,it is impossible   
not to make some reflection on the      
nature of this claim1 or avoid a        

comparison between the extent of the    
principle and the present object of the 
demand4 ,if this claim be founded1 it is
 clear to what it goes4 ,the ,house of  
,commons1 in that light1 undoubtedly1 is
 no representative of the people1 as a  
collection of individuals4 ,nobody      
pretends it1 nobody can justify such an 
assertion4 ,when you come to examine    
into this claim of right1 founded on the
 right of self-government in each       
individual1 you find the thing demanded 
infinitely short of the principle of the
 demand4 ,what6 one third only of the   
legislature1 and of the government no   
share at all8 ,what sort of treaty of   
partition is this for those who have an 
inherent right to the whole8 ,give them 
all they ask1 and your grant is still a 
cheat3 for how comes only a third to be 
their younger-children's fortune in this
 settlement8 ,how came they neither to  
have the choice of kings1 or lords1 or  
judges1 or generals1 or admirals1 or    
bishops1 or priests1 or ministers1 or   

justices of peace8 ,why1 what have you  
to answer in favor of the prior rights  
of the crown and peerage but this3 ,our 
,constitution is a prescriptive         
constitution2 it is a constitution whose
 sole authority is1 that it has existed 
time out of mind8 ,it is settled in     
these two portions against one1         
legislatively1--and in the whole of the 
judicature1 the whole of the federal    
capacity1 of the executive1 the         
prudential1 and the financial           
administration1 in one alone4 ,nor was  
your ,house of ,lords and the           
prerogatives of the crown settled on any
 adjudication in favor of natural       
rights3 for they could never be so      
partitioned4 ,your king1 your lords1    
your judges1 your juries1 grand and     
little1 all are prescriptive2 and what  
proves it is the disputes1 not yet      
concluded1 and never near becoming so1  
when any of them first originated4      
,prescription is the most solid of all  
titles1 not only to property1 but1 which

 is to secure that property1 to         
government4 ,they harmonize with each   
other1 and give mutual aid to one       
another4 ,it is accompanied with another
 ground of authority in the constitution
 of the human mind1 presumption4 ,it is 
a presumption in favor of any settled   
scheme of government against any untried
 project1 that a nation has long existed
 and flourished under it4 ,it is a      
better presumption even of the choice of
 a nation1--far better than any sudden  
and temporary arrangement by actual     
election4 ,because a nation is not an   
idea only of local extent and individual
 momentary aggregation1 but it is an    
idea of continuity which extends in time
 as well as in numbers and in space4    
,and this is a choice not of one day or 
one set of people1 not a tumultuary and 
giddy choice2 it is a deliberate        
election of ages and of generations2 it 
is a constitution1 made by what is ten  
thousand times better than choice2 it is
 made by the peculiar circumstances1    

occasions1 tempers1 dispositions1 and   
moral1 civil1 and social habitudes of   
the people1 which1 disclose themselves  
only in a long space of time4 ,it is a  
vestment which accommodates itself to   
the body4 ,nor is prescription of       
government formed upon blind1 unmeaning 
prejudices4 ,for man is a most unwise   
and a most wise being4 ,the individual  
is foolish2 the multitude1 for the      
moment1 is foolish1 when they act       
without deliberation2 but the species is
 wise1 and1 when time is given to it1 as
 a species1 it almost always acts right4
  ,the reason for the crown as it is1   
for the lords as they are1 is my reason 
for the commons as they are1 the        
electors as they are4 ,now if the crown1
 and the lords1 and the judicatures are 
all prescriptive1 so is the ,house of   
,commons of the very same origin1 and of
 no other4 ,we and our electors have    
their powers and privileges both made   
and circumscribed by prescription1 as   
much to the full as the other parts2 and

 as such we have always claimed them1   
and on no other title4 ,the ,house of   
,commons is a legislative body corporate
 by prescription1 not made upon any     
given theory1 but existing              
prescriptively1--just like the rest4    
,this proscription has made it          
essentially what it is1 an aggregate    
collection of three parts1 knights1     
citizens1 burgesses4 ,the question is1  
whether this has been always so1 since  
the ,house of ,commons has taken its    
present shape and circumstances1 and has
 been an essential operative part of the
 ,constitution1--which1 ,i take it1 it  
has been for at least five hundred      
years4  ,this ,i resolve to myself in   
the affirmative3 and then another       
question arises3--,whether this ,house  
stands firm upon its ancient            
foundations1 and is not1 by time and    
accidents1 so declined from its         
perpendicular as to want the hand of the
 wise and experienced architects of the 
day to set it upright again1 and to prop

 and buttress it up for                 
duration2--whether it continues true to 
the principles upon which it has        
hitherto stood2--whether this be de     
facto the constitution of the ,house of 
,commons1 as it has been since the time 
that the ,house of ,commons has without 
dispute become a necessary and an       
efficient part of the ,british          
,constitution4 ,to ask whether a thing  
which has always been the same stands to
 its usual principle seems to me to be  
perfectly absurd3 for how do you know   
the principles1 but from the            
construction8 and if that remains the   
same1 the principles remain the same4   
,it is true that to say your            
,constitution is what it has been is no 
sufficient defence for those who say it 
is a bad constitution4 ,it is an answer 
to those who say that it is a degenerate
 constitution4 ,to those who say it is a
 bad one1 ,i answer1 ,look to its       
effects4 ,in all moral machinery1 the   
moral results are its test4  ,on what   

grounds do we go to restore our         
,constitution to what it has been at    
some given period1 or to reform and     
reconstruct it upon principles more     
conformable to a sound theory of        
government8 ,a prescriptive government1 
such as ours1 never was the work of any 
legislator1 never was made upon any     
foregone theory4 ,it seems to me a      
preposterous way of reasoning1 and a    
perfect confusion of ideas1 to take the 
theories which learned and speculative  
men have made from that government1 and 
then1 supposing it made on those        
theories which were made from it1 to    
accuse the government as not            
corresponding with them4 ,i do not      
vilify theory and speculation3 no1      
because that would be to vilify reason  
itself1 ,neque decipitur ratio1 neque   
decipit unquam4 ,no1--whenever ,i speak 
against theory1 ,i mean always a weak1  
erroneous1 fallacious1 unfounded1 or    
imperfect theory2 and one of the ways of
 discovering that it is a false theory  

is by comparing it with practice4 ,this 
is the true touchstone of all theories  
which regard man and the affairs of     
men1--,does it suit his nature in       
general8--does it suit his nature as    
modified by his habits8  ,the more      
frequently this affair is discussed1 the
 stronger the case appears to the sense 
and the feelings of mankind4 ,i have no 
more doubt than ,i entertain of my      
existence1 that this very thing1 which  
is stated as an horrible thing1 is the  
means of the preservation of our        
,constitution whilst it lasts1--of      
curing it of many of the disorders      
which1 attending every species of       
institution1 would attend the principle 
of an exact local representation1 or a  
representation on the principle of      
numbers4 ,if you reject personal        
representation1 you are pushed upon     
expedience2 and1 then what they wish us 
to do is1 to prefer their speculations  
on that subject to the happy experience 
of this country1 of a growing liberty   

and a growing prosperity for five       
hundred years4 ,whatever respect ,i have
 for their talents1 this1 for one1 ,i   
will not do4 ,then what is the standard 
of expedience8 ,expedience is that which
 is good for the community1 and good for
 every individual in it4 ,now this      
expedience is the desideratum1 to be    
sought either without the experience of 
means or with that experience4 ,if      
without1 as in case of the fabrication  
of a new commonwealth1 ,i will hear the 
learned arguing what promises to be     
expedient2 but if we are to judge of a  
commonwealth actually existing1 the     
first thing ,i inquire is1 ,what has    
been found expedient or inexpedient8    
,and ,i will not take their promise     
rather than the performance of the      
,constitution4  4444 ,but no1 this was  
not the cause of the discontents4 ,i    
went through most of the northern       
parts1--the ,yorkshire election was then
 raging2 the year before1 through most  
of the western counties1--,bath1        

,bristol1 ,gloucester3 not one word1    
either in the towns or country1 on the  
subject of representation2 much on the  
receipt tax1 something on ,mr4 ,fox's   
ambition2 much greater apprehension of  
danger from thence than from want of    
representation4 ,one would think that   
the ballast of the ship was shifted with
 us1 and that our ,constitution had the 
gunwale under water4 ,but can you fairly
 and distinctly point out what one evil 
or grievance has happened which you can 
refer to the representative not         
following the opinion of his            
constituents8 ,what one symptom do we   
find of this inequality8 ,but it is not 
an arithmetical inequality with which we
 ought to trouble ourselves4 ,if there  
be a moral1 a political equality1 this  
is the desideratum in our ,constitution1
 and in every constitution in the world4
 ,moral inequality is as between places 
and between classes4 ,now1 ,i ask1 what 
advantage do you find that the places   
which abound in representation possess  

over others in which it is more scanty1 
in security for freedom1 in security for
 justice1 or in any one of those means  
of procuring temporal prosperity and    
eternal happiness the ends for which    
society was formed8 ,are the local      
interests of ,cornwall and ,wiltshire1  
for instance1 their roads1 canals1 their
 prisons1 their police1 better than     
,yorkshire1 ,warwickshire1 or           
,staffordshire8 ,warwick has members3 is
 ,warwick or ,stafford more opulent1    
happy1 or free than ,newcastle1 or than 
,birmingham8 ,is ,wiltshire the pampered
 favorite1 whilst ,yorkshire1 like the  
child of the bondwoman1 is turned out to
 the desert8 ,this is like the unhappy  
persons who live1 if they can be said to
 live1 in the statical chair1--who are  
ever feeling their pulse1 and who do not
 judge of health by the aptitude of the 
body to perform its functions1 but by   
their ideas of what ought to be the true
 balance between the several secretions4
 ,is a committee of ,cornwall1 c1       

thronged1 and the others deserted8 ,no4 
,you have an equal representation1      
because you have men equally interested 
in the prosperity of the whole1 who are 
involved in the general interest and the
 general sympathy2 and1 perhaps1 these  
places furnishing a superfluity of      
public agents and administrators1       
7whether in strictness they are         
representatives or not ,i do not mean to
 inquire1 but they are agents and       
administrators17 they will stand clearer
 of local interests1 passions1          
prejudices1 and cabals than the others1 
and therefore preserve the balance of   
the parts1 and with a more general view 
and a more steady hand than the rest4444
  ,in every political proposal we must  
not leave out of the question the       
political views and object of the       
proposer2 and these we discover1 not by 
what he says1 but by the principles he  
lays down4 ,i mean1 says he1 a moderate 
and temperate reform3 that is1 ,i mean  
to do as little good as possible4 ,if   

the ,constitution be what you represent 
it1 and there be no danger in the       
change1 you do wrong not to make the    
reform commensurate to the abuse4 ,fine 
reformer1 indeed6 generous donor6 ,what 
is the cause of this parsimony of the   
liberty which you dole out to the       
people8 ,why all this limitation in     
giving blessings and benefits to        
mankind8 ,you admit that there is an    
extreme in liberty1 which may be        
infinitely noxious to those who are to  
receive it1 and which in the end will   
leave them no liberty at all4 ,i think  
so1 too4 ,they know it1 and they feel   
it4 ,the question is1 then1 ,what is the
 standard of that extreme8 ,what that   
gentleman1 and the associations1 or some
 parts of their phalanxes1 think proper8
 ,then our liberties are in their       
pleasure2 it depends on their arbitrary 
will how far ,i shall be free4 ,i will  
have none of that freedom4 ,if1         
therefore1 the standard of moderation be
 sought for1 ,i will seek for it4       

,where8 ,not in their fancies1 nor in my
 own3 ,i will seek for it where ,i know 
it is to be found1--in the ,constitution
 ,i actually enjoy4 ,here it says to an 
encroaching prerogative1--,your sceptre 
has its length2 you cannot add an hair  
to your head1 or a gem to your crown1   
but what an eternal law has given to it4
 ,here it says to an overweening        
peerage1--,your pride finds banks that  
it cannot overflow3 here to a tumultuous
 and giddy people1--,there is a bound to
 the raging of the sea4 ,our            
,constitution is like our island1 which 
uses and restrains its subject sea2 in  
vain the waves roar4 ,in that           
,constitution1 ,i know1 and exultingly  
,i feel1 both that ,i am free1 and that 
,i am not free dangerously to myself or 
to others4 ,i know that no power on     
earth1 acting as ,i ought to do1 can    
touch my life1 my liberty1 or my        
property4 ,i have that inward and       
dignified consciousness of my own       
security and independence1 which        

constitutes1 and is the only thing      
which1 does constitute1 the proud and   
comfortable sentiment of freedom in the 
human breast4 ,i know1 too1 and ,i bless
 ,god for1 my safe mediocrity3 ,i know1 
that1 if ,i possessed all the talents of
 the gentlemen on the side of the ,house
 ,i sit1 and on the other1 ,i cannot1 by
 royal favor1 or by popular delusion1 or
 by oligarchical cabal1 elevate myself  
above a certain very limited point1 so  
as to endanger my own fall1 or the ruin 
of my country4 ,i know there is an order
 that keeps things fast in their place3 
it is made to us1 and we are made to it4
 ,why not ask another wife1 other       
children1 another body1 another mind8   
,the great object of most of these      
reformers is1 to prepare the destruction
 of the ,constitution1 by disgracing and
 discrediting the ,house of ,commons4   
,for they think1 7prudently1 in my      
opinion17 that1 if they can persuade the
 nation that the ,house of ,commons is  
so constituted as not to secure the     

public liberty1 not to have a proper    
connection with the public interests1 so
 constituted as not either actually or  
virtually to be the representative of   
the people1 it will be easy to prove    
that a government composed of a         
monarchy1 an oligarchy chosen by the    
crown1 and such a ,house of ,commons1   
whatever good can be in such a system1  
can by no means be a system of free     
government4  ,the ,constitution of      
,england is never to have a quietus2 it 
is to be continually vilified1 attacked1
 reproached1 resisted2 instead of being 
the hope and sure anchor in all storms1 
instead of being the means of redress to
 all grievances1 itself is the grand    
grievance of the nation1 our shame      
instead of our glory4 ,if the only      
specific plan proposed1 individual      
personal representation1 is directly    
rejected by the person who is looked on 
as the great support of this business1  
then the only way of considering it is a
 question of convenience4 ,an honorable 

gentleman prefers the individual to the 
present4 ,he therefore himself sees no  
middle term whatsoever1 and therefore   
prefers1 of what he sees1 the           
individual3 this is the only thing      
distinct and sensible that has been     
advocated4 ,he has1 then1 a scheme1     
which is the individual                 
representation1--he is not at a loss1   
not inconsistent1--which scheme the     
other right honorable gentleman         
reprobates4 ,now what does this go to1  
but to lead directly to anarchy8 ,for to
 discredit the only government which he 
either possesses or can project1 what is
 this but to destroy all government8 and
 this is anarchy4 ,my right honorable   
friend1 in supporting this motion1      
disgraces his friends and justifies his 
enemies in order to blacken the         
,constitution of his country1 even of   
that ,house of ,commons which supported 
him4 ,there is a difference between a   
moral or political exposure of a public 
evil relative to the administration of  

government1 whether in men or systems1  
and a declaration of defects1 real or   
supposed1 in the fundamental            
constitution of your country4 ,the first
 may be cured in the individual by the  
motives of religion1 virtue1 honor1     
fear1 shame1 or interest4 ,men may be   
made to abandon also false systems1 by  
exposing their absurdity or mischievous 
tendency to their own better thoughts1  
or to the contempt or indignation of the
 public2 and after all1 if they should  
exist1 and exist uncorrected1 they only 
disgrace individuals as fugitive        
opinions4 ,but it is quite otherwise    
with the frame and constitution of the  
state3 if that is disgraced1 patriotism 
is destroyed in its very source4 ,no man
 has ever willingly obeyed1 much less   
was desirous of defending with his      
blood1 a mischievous and absurd scheme  
of government4 ,our first1 our dearest1 
most comprehensive relation1 our        
country1 is gone4  ,it suggests         
melancholy reflections1 in consequence  

of the strange course we have long held1
 that we are now no longer quarrelling  
about the character1 or about the       
conduct of men1 or the tenor of         
measures1 but we are grown out of humor 
with the ,english ,constitution itself3 
this is become the object of the        
animosity of ,englishmen4 ,this         
,constitution in former days used to be 
the admiration and the envy of the      
world3 it was the pattern for           
politicians1 the theme of the eloquent1 
the meditation of the philosopher1 in   
every part of the world4 ,as to         
,englishmen1 it was their pride1 their  
consolation4 ,by it they lived1 for it  
they were ready to die4 ,its defects1 if
 it had any1 were partly covered by     
partiality1 and partly borne by         
prudence4 ,now all its excellencies are 
forgot1 its faults are now forcibly     
dragged into day1 exaggerated by every  
artifice of representation4 ,it is      
despised and rejected of men1 and every 
device and invention of ingenuity or    

idleness set up in opposition or in     
preference to it4 ,it is to this humor1 
and it is to the measures growing out of
 it1 that ,i set myself 7,i hope not    
alone7 in the most determined           
opposition4 ,never before did we at any 
time in this country meet upon the      
theory of our frame of government1 to   
sit in judgment on the ,constitution of 
our country1 to call it as a delinquent 
before us1 and to accuse it of every    
defect and every vice1--to see whether  
it1 an object of our veneration1 even   
our adoration1 did or did not accord    
with a preconceived scheme in the minds 
of certain gentlemen4 ,cast your eyes on
 the journals of ,parliament4 ,it is for
 fear of losing the inestimable treasure
 we have that ,i do not venture to game 
it out of my hands for the vain hope of 
improving it4 ,i look with filial       
reverence on the ,constitution of my    
country1 and never will cut it in       
pieces1 and put it into the kettle of   
any magician1 in order to boil it1 with 

the puddle of their compounds1 into     
youth and vigor4 ,on the contrary1 ,i   
will drive away such pretenders2 ,i will
 nurse its venerable age1 and with      
lenient arts extend a parent's breath4  
,,speech  ,,on  ,a ,,motion1 ,,made ,,by
 ,,the ,,right ,,hon4 ,,william         
,,dowdeswell1  ,,march #g1 #agga1  ,,for
 ,,leave ,,to ,,bring ,,in  ,a ,,bill   
,,for ,,explaining ,,the ,,powers ,,of  
,,juries ,,in ,,prosecutions ,,for      
,,libels4  ,,together ,,with  ,a        
,,letter ,,in ,,vindication ,,of ,,that 
,,measure1  ,,and  ,a ,,copy ,,of ,,the 
,,proposed ,,bill4   ,i have always     
understood that a superintendence over  
the doctrines as well as the proceedings
 of the courts of justice was a         
principal object of the constitution of 
this ,house1--that you were to watch at 
once over the lawyer and the law1--that 
there should be an orthodox faith1 as   
well as proper works3 and ,i have always
 looked with a degree of reverence and  
admiration on this mode of              

superintendence4 ,for1 being totally    
disengaged from the detail of juridical 
practice1 we come something perhaps the 
better qualified1 and certainly much the
 better disposed1 to assert the genuine 
principle of the laws1 in which we can1 
as a body1 have no other than an        
enlarged and a public interest4 ,we have
 no common cause of a professional      
attachment or professional emulations to
 bias our minds2 we have no foregone    
opinions which from obstinacy and false 
point of honor we think ourselves at all
 events obliged to support4 ,so that1   
with our own minds perfectly disengaged 
from the exercise1 we may superintend   
the execution of the national justice1  
which from this circumstance is better  
secured to the people than in any other 
country under heaven it can be4 ,as our 
situation puts us in a proper condition1
 our power enables us to execute this   
trust4 ,we may1 when we see cause of    
complaint1 administer a remedy3 it is in
 our choice by an address to remove an  

improper judge1 by impeachment before   
the peers to pursue to destruction a    
corrupt judge1 or by bill to assert1 to 
explain1 to enforce1 or to reform the   
law1 just as the occasion and necessity 
of the case shall guide us4 ,we stand in
 a situation very honorable to ourselves
 and very useful to our country1 if we  
do not abuse or abandon the trust that  
is placed in us4  ,the question now     
before you is upon the power of juries  
in prosecuting for libels4 ,there are   
four opinions3--#a4 ,that the doctrine  
as held by the courts is proper and     
constitutional1 and therefore should not
 be altered2 #b4 ,that it is neither    
proper nor constitutional1 but that it  
will be rendered worse by your          
interference2 #c4 ,that it is wrong1 but
 that the only remedy is a bill of      
retrospect2 #d4 ,the opinion of those   
who bring in the bill1 that the thing is
 wrong1 but that it is enough to direct 
the judgment of the court in future4    
,the bill brought in is for the purpose 

of asserting and securing a great object
 in the juridical constitution of this  
kingdom1 which1 from a long series of   
practices and opinions in our judges1   
has in one point1 and in one very       
essential point1 deviated from the true 
principle4  ,it is the very ancient     
privilege of the people of ,england1    
that they shall be tried1 except in the 
known exceptions1 not by judges         
appointed by the crown1 but by their own
 fellow-subjects1 the peers of that     
county court at which they owe their    
suit and service2 and out of this       
principle the trial by juries has grown4
 ,this principle has not1 that ,i can   
find1 been contested in any case by any 
authority whatsoever2 but there is one  
case in which1 without directly         
contesting the principle1 the whole     
substance1 energy1 and virtue of the    
privilege is taken out of it1--that is1 
in the case of a trial by indictment or 
information for a libel4 ,the doctrine  
in that case1 laid down by several      

judges1 amounts to this3 that the jury  
have no competence1 where a libel is    
alleged1 except to find the gross       
corporeal facts of the writing and the  
publication1 together with the identity 
of the things and persons to which it   
refers2 but that the intent and the     
tendency of the work1 in which intent   
and tendency the whole criminality      
consists1 is the sole and exclusive     
province of the judge4 ,thus having     
reduced the jury to the cognizance of   
facts not in themselves presumptively   
criminal1 but actions neutral and       
indifferent1 the whole matter in which  
the subject has any concern or interest 
is taken out of the hands of the jury3  
and if the jury take more upon          
themselves1 what they so take is        
contrary to their duty2 it is no moral1 
but a merely natural power1--the same by
 which they may do any other improper   
act1 the same by which they may even    
prejudice themselves with regard to any 
other part of the issue before them4    

,such is the matter1 as it now stands in
 possession of your highest criminal    
courts1 handed down to them from very   
respectable legal ancestors4 ,if this   
can once be established in this case1   
the application in principle to other   
cases will be easy1 and the practice    
will run upon a descent1 until the      
progress of an encroaching jurisdiction 
7for it is in its nature to encroach1   
when once it has passed its limits7     
coming to confine the juries1 case after
 case1 to the corporeal fact1 and to    
that alone1 and excluding the intention 
of mind1 the only source of merit and   
demerit1 of reward or punishment1 juries
 become a dead letter in the            
,constitution4  ,for which reason it is 
high time to take this matter into the  
consideration of ,parliament3 and for   
that purpose it will be necessary to    
examine1 first1 whether there is        
anything in the peculiar nature of this 
crime that makes it necessary to exclude
 the jury from considering the intention

 in it1 more than in others4 ,so far    
from it1 that ,i take it to be much less
 so from the analogy of other criminal  
cases1 where no such restraint is       
ordinarily put upon them4 ,the act of   
homicide is prim facie criminal2 the    
intention is afterwards to appear1 for  
the jury to acquit or condemn4 ,in      
burglary do they insist that the jury   
have nothing to do but to find the      
taking of goods1 and that1 if they do1  
they must necessarily find the party    
guilty1 and leave the rest to the judge1
 and that they have nothing to do with  
the word felonic in the indictment8     
,the next point is1 to consider it as a 
question of constitutional policy3 that 
is1 whether the decision of the question
 of libel ought to be left to the judges
 as a presumption of law1 rather than to
 the jury as matter of popular          
judgment1--as the malice in the case of 
murder1 the felony in the case of       
stealing4 ,if the intent and tendency   
are not matters within the province of  

popular judgment1 but legal and         
technical conclusions formed upon       
general principles of law1 let us see   
what they are4 ,certainly they are most 
unfavorable1 indeed totally adverse1 to 
the ,constitution of this country4      
,here we must have recourse to          
analogies2 for we cannot argue on ruled 
cases one way or the other4 ,see the    
history4 ,the old books1 deficient in   
general in crown cases1 furnish us with 
little on this head4 ,as to the crime1  
in the very early ,saxon law ,i see an  
offence of this species1 called         
folk-leasing1 made a capital offence1   
but no very precise definition of the   
crime1 and no trial at all4 ,see the    
statute of #crd ,edward ,i4 cap4 #hd4   
,the law of libels could not have       
arrived at a very early period in this  
country4 ,it is no wonder that we find  
no vestige of any constitution from     
authority1 or of any deductions from    
legal science1 in our old books and     
records1 upon that subject4 ,the statute

 of ,scandalum ,magnatum is the oldest  
that ,i know1 and this goes but a little
 way in this sort of learning4          
,libelling is not the crime of an       
illiterate people4 ,when they were      
thought no mean clerks who could read   
and write1 when he who could read and   
write was presumptively a person in holy
 orders1 libels could not be general or 
dangerous2 and scandals merely oral     
could spread little and must perish     
soon4 ,it is writing1 it is printing    
more emphatically1 that imps calumny    
with those eagle-wings on which1 as the 
poet says1 immortal slanders fly4 ,by   
the press they spread1 they last1 they  
leave the sting in the wound4 ,printing 
was not known in ,england much earlier  
than the reign of ,henry the ,seventh1  
and in the third year of that reign the 
court of ,star-,chamber was established4
 ,the press and its enemy are nearly    
coeval4 ,as no positive law against     
libels existed1 they fell under the     
indefinite class of misdemeanors4 ,for  

the trial of misdemeanors that court was
 instituted4 ,their tendency to produce 
riots and disorders was a main part of  
the charge1 and was laid in order to    
give the court jurisdiction chiefly     
against libels4 ,the offence was new4   
,learning of their own upon the subject 
they had none2 and they were obliged to 
resort to the only emporium where it was
 to be had1 the ,roman law4 ,after the  
,star-,chamber was abolished in the     
#ajth of ,charles ,i41 its authority    
indeed ceased1 but its maxims subsisted 
and survived it4 ,the spirit of the     
,star-,chamber has transmigrated and    
lived again2 and ,westminster ,hall was 
obliged to borrow from the              
,star-,chamber1 for the same reasons as 
the ,star-,chamber had borrowed from the
 ,roman ,forum1 because they had no law1
 statute1 or tradition of their own4    
,thus the ,roman law took possession of 
our courts1--,i mean its doctrine1 not  
its sanctions3 the severity of capital  
punishment was omitted1 all the rest    

remained4 ,the grounds of these laws are
 just and equitable4 ,undoubtedly the   
good fame of every man ought to be under
 the protection of the laws1 as well as 
his life and liberty and property4 ,good
 fame is an outwork that defends them   
all and renders them all valuable4 ,the 
law forbids you to revenge2 when it ties
 up the hands of some1 it ought to      
restrain the tongues of others4 ,the    
good fame of government is the same2 it 
ought not to be traduced4 ,this is      
necessary in all government2 and if     
opinion be support1 what takes away this
 destroys that support3 but the liberty 
of the press is necessary to this       
government4  ,the wisdom1 however1 of   
government is of more importance than   
the laws4 ,i should study the temper of 
the people1 before ,i ventured on       
actions of this kind4 ,i would consider 
the whole of the prosecution of a libel 
of such importance as ,junius1 as one   
piece1 as one consistent plan of        
operations3 and ,i would contrive it so1

 that1 if ,i were defeated1 ,i should   
not be disgraced1--that even my victory 
should not be more ignominious than my  
defeat2 ,i would so manage1 that the    
lowest in the predicament of guilt      
should not be the only one in           
punishment4 ,i would not inform against 
the mere vender of a collection of      
pamphlets4 ,i would not put him to trial
 first1 if ,i could possibly avoid it4  
,i would rather stand the consequences  
of my first error than carry it to a    
judgment that must disgrace my          
prosecution or the court4 ,we ought to  
examine these things in a manner which  
becomes ourselves1 and becomes the      
object of the inquiry1--not to examine  
into the most important consideration   
which can come before us with minds     
heated with prejudice and filled with   
passions1 with vain popular opinions and
 humors1 and1 when we propose to examine
 into the justice of others1 to be      
unjust ourselves4  ,an inquiry is       
wished1 as the most effectual way of    

putting an end to the clamors and libels
 which are the disorder and disgrace of 
the times4 ,for people remain quiet1    
they sleep secure1 when they imagine    
that the vigilant eye of a censorial    
magistrate watches over all the         
proceedings of judicature1 and that the 
sacred fire of an eternal constitutional
 jealousy1 which1 is the guardian of    
liberty1 law1 and justice1 is alive     
night and day1 and burning in this      
,house4 ,but when the magistrate gives  
up his office and his duty1 the people  
assume it1 and they inquire too much and
 too irreverently1 because they think   
their representatives do not inquire at 
all4  ,we have in a libel1 #ast1 the    
writing2 #bnd1 the communication1 called
 by the lawyers the publication2 #crd1  
the application to persons and facts2   
#dth1 the intent and tendency2 #eth1 the
 matter1--diminution of fame4 ,the law  
presumptions on all these are in the    
communication4 ,no intent can make a    
defamatory publication good1 nothing can

 make it have a good tendency2 truth is 
not pleadable4 ,taken juridically1 the  
foundation of these law presumptions is 
not unjust2 taken constitutionally1 they
 are ruinous1 and tend to the total     
suppression of all publication4 ,if     
juries are confined to the fact1 no     
writing which censures1 however justly  
or however temperately1 the conduct of  
administration1 can be unpunished4      
,therefore1 if the intent and tendency  
be left to the judge1 as legal          
conclusions growing from the fact1 you  
may depend upon it you can have no      
public discussion of a public measure2  
which is a point which even those who   
are most offended with the              
licentiousness of the press 7and it is  
very exorbitant1 very provoking7 will   
hardly contend for4  ,so far as to the  
first opinion1--that the doctrine is    
right1 and needs no alteration4 #bnd4   
,the next is1 that it is wrong1 but that
 we are not in a condition to help it4  
,i admit it is true that there are cases

 of a nature so delicate and complicated
 that an act of ,parliament on the      
subject may become a matter of great    
difficulty4 ,it sometimes cannot define 
with exactness1 because the             
subject-matter will not bear an exact   
definition4 ,it may seem to take away   
everything which it does not positively 
establish1 and this might be            
inconvenient2 or it may seem1 vice vers1
 to establish everything which it does  
not expressly take away4 ,it may be more
 advisable to leave such matters to the 
enlightened discretion of a judge1 awed 
by a censorial ,house of ,commons4 ,but 
then it rests upon those who object to a
 legislative interposition to prove     
these inconveniences in the particular  
case before them4 ,for it would be a    
most dangerous1 as it is a most idle and
 most groundless conceit1 to assume as a
 general principle1 that the rights and 
liberties of the subject are impaired by
 the care and attention of the          
legislature to secure them4 ,if so1 very

 ill would the purchase of ,magna       
,charta have merited the deluge of blood
 which was shed in order to have the    
body of ,english privileges defined by a
 positive written law4 ,this charter1   
the inestimable monument of ,english    
freedom1 so long the boast and glory of 
this nation1 would have been at once an 
instrument of our servitude and a       
monument of our folly1 if this principle
 were true4 ,the thirty-four            
confirmations would have been only so   
many repetitions of their absurdity1 so 
many new links in the chain1 and so many
 invalidations of their right4  ,you    
cannot open your statute-book without   
seeing positive provisions relative to  
every right of the subject4 ,this       
business of juries is the subject of not
 fewer than a dozen4 ,to suppose that   
juries are something innate in the      
,constitution of ,great ,britain1 that  
they have jumped1 like ,minerva1 out of 
the head of ,jove in complete armor1 is 
a weak fancy1 supported neither by      

precedent nor by reason4 ,whatever is   
most ancient and venerable in our       
,constitution1 royal prerogative1       
privileges of ,parliament1 rights of    
elections1 authority of courts1 juries1 
must have been modelled according to the
 occasion4 ,i spare your patience1 and  
,i pay a compliment to your             
understanding1 in not attempting to     
prove that anything so elaborate and    
artificial as a jury was not the work of
 chance1 but a matter of institution1   
brought to its present state by the     
joint efforts of legislative authority  
and juridical prudence4 ,it need not be 
ashamed of being 7what in many parts of 
it1 at least1 it is7 the offspring of an
 act of ,parliament1 unless it is a     
shame for our laws to be the results of 
our legislature4 ,juries1 which         
sensitively shrink from the rude touch  
of ,parliamentary remedy1 have been the 
subject of not fewer than1 ,i think1    
forty-three acts of ,parliament1 in     
which they have been changed with all   

the authority of a creator over its     
creature1 from ,magna ,charta to the    
great alterations which were made in the
 #bith of ,george ,,ii4  ,to talk of    
this matter in any other way is to turn 
a rational principle into an idle and   
vulgar superstition1--like the          
antiquary1 ,dr4 ,woodward1 who trembled 
to have his shield scoured1 for fear it 
should be discovered to be no better    
than an old pot-lid4 ,this species of   
tenderness to a jury puts me in mind of 
a gentleman of good condition1 who had  
been reduced to great poverty and       
distress3 application was made to some  
rich fellows in his neighborhood to give
 him some assistance2 but they begged to
 be excused1 for fear of affronting a   
person of his high birth2 and so the    
poor gentleman was left to starve1 out  
of pure respect to the antiquity of his 
family4 ,from this principle has arisen 
an opinion1 that ,i find current amongst
 gentlemen1 that this distemper ought to
 be left to cure itself3--that the      

judges1 having been well exposed1 and   
something terrified on account of these 
clamors1 will entirely change1 if not   
very much relax from their rigor2--if   
the present race should not change1 that
 the chances of succession may put other
 more constitutional judges in their    
place2--lastly1 if neither should       
happen1 yet that the spirit of an       
,english jury will always be sufficient 
for the vindication of its own rights1  
and will not suffer itself to be        
overborne by the bench4 ,i confess that 
,i totally dissent from all these       
opinions4 ,these suppositions become the
 strongest reasons with me to evince the
 necessity of some clear and positive   
settlement of this question of contested
 jurisdiction4 ,if judges are so full of
 levity1 so full of timidity1 if they   
are influenced by such mean and unworthy
 passions that a popular clamor is      
sufficient to shake the resolution they 
build upon the solid basis of a legal   
principle1 ,i would endeavor to fix that

 mercury by a positive law4 ,if to      
please an administration the judges can 
go one way to-day1 and to please the    
crowd they can go another to-morrow1 if 
they will oscillate backward and forward
 between power and popularity1 it is    
high time to fix the law in such a      
manner as to resemble1 as it ought1 the 
great ,author of all law1 in whom there 
is no variableness nor shadow of        
turning4  ,as to their succession ,i    
have just the same opinion4 ,i would not
 leave it to the chances of promotion1  
or to the characters of lawyers1 what   
the law of the land1 what the rights of 
juries1 or what the liberty of the press
 should be4 ,my law should not depend   
upon the fluctuation of the closet or   
the complexion of men4 ,whether a       
black-haired man or a fair-haired man   
presided in the ,court of ,king's       
,bench1 ,i would have the law the same2 
the same1 whether he was born in domo   
regnatrice and sucked from his infancy  
the milk of courts1 or was nurtured in  

the rugged discipline of a popular      
opposition4 ,this law of court cabal and
 of party1 this mens qudam nullo        
perturbata affectu1 this law of         
complexion1 ought not to be endured for 
a moment in a country whose being       
depends upon the certainty1 clearness1  
and stability of institutions4  ,now ,i 
come to the last substitute for the     
proposed bill1--the spirit of juries    
operating their own jurisdiction4 ,this 
,i confess ,i think the worst of all1   
for the same reasons on which ,i        
objected to the others1--and for other  
weighty reasons besides1 which are      
separate and distinct4 ,first1 because  
juries1 being taken at random out of a  
mass of men infinitely large1 must be of
 characters as various as the body they 
arise from is large in its extent4 ,if  
the judges differ in their complexions1 
much more will a jury4 ,a timid jury    
will give way to an awful judge         
delivering oracularly the law1 and      
charging them on their oaths1 and       

putting it home to their consciences to 
beware of judging1 where the law had    
given them no competence4 ,we know that 
they will do so1 they have done so in an
 hundred instances4 ,a respectable      
member of your own ,house1 no vulgar    
man1 tells you1 that1 on the authority  
of a judge1 he found a man guilty in    
whom at the same time he could find no  
guilt4 ,but supposing them full of      
knowledge and full of manly confidence  
in themselves1 how will their knowledge 
or their confidence inform or inspirit  
others8 ,they give no reason for their  
verdict1 they can but condemn or acquit2
 and no man can tell the motives on     
which they have acquitted or condemned4 
,so that this hope of the power of      
juries to assert their own jurisdiction 
must be a principle blind1 as being     
without reason1 and as changeable as the
 complexion of men and the temper of the
 times4  ,but1 after all1 is it fit that
 this dishonorable contention between   
the court and juries should subsist any 

longer8 ,on what principle is it that a 
jury juror8 refuses to be directed by   
the court as to his competence8 ,whether
 a libel or no libel be a question of   
law or of fact may be doubtful2 but a   
question of jurisdiction and competence 
is certainly a question of law3 on this 
the court ought undoubtedly to judge1   
and to judge solely and exclusively4 ,if
 they judge wrong from excusable error1 
you ought to correct it1 as to-day it is
 proposed1 by an explanatory bill1--or  
if by corruption1 by bill of penalties  
declaratory1 and by punishment4 ,what   
does a juror say to a judge1 when he    
refuses his opinion upon a question of  
judicature8 ,you are so corrupt1 that ,i
 should consider myself a partaker of   
your crime1 were ,i to be guided by your
 opinion2 or1 ,you are so grossly       
ignorant1 that ,i1 fresh from my hounds1
 from my plough1 my counter1 or my loom1
 am fit to direct you in your own       
profession4 ,this is an unfitting1 it is
 a dangerous state of things4 ,the      

spirit of any sort of men is not a fit  
rule for deciding on the bounds of their
 jurisdiction3 first1 because it is     
different in different men1 and even    
different in the same at different      
times1 and can never become the proper  
directing line of law2 next1 because it 
is not reason1 but feeling1 and1 when   
once it is irritated1 it is not apt to  
confine itself within its proper limits4
 ,if it becomes not difference in       
opinion upon law1 but a trial of spirit 
between parties1 our courts of law are  
no longer the temple of justice1 but the
 amphitheatre for gladiators4 ,no1--,god
 forbid6 ,juries ought to take their law
 from the bench only2 but it is our     
business that they should hear nothing  
from the bench but what is agreeable to 
the principles of the ,constitution4    
,the jury are to hear the judge3 the    
judge is to hear the law1 where it      
speaks plain2 where it does not1 he is  
to hear the legislature4 ,as ,i do not  
think these opinions of the judges to be

 agreeable to those principles1 ,i wish 
to take the only method in which they   
can or ought to be corrected1--by bill4 
,next1 my opinion is1 that it ought to  
be rather by a bill for removing        
controversies than by a bill in the     
state of manifest and express           
declaration and in words de prterito4 ,i
 do this upon reasons of equity and     
constitutional policy4 ,i do not want to
 censure the present judges4 ,i think   
them to be excused for their error4     
,ignorance is no excuse for a judge2 it 
is changing the nature of his crime2 it 
is not absolving4 ,it must be such error
 as a wise and conscientious judge may  
possibly fall into1 and must arise from 
one or both these causes3--#a4 ,a       
plausible principle of law2 #b4 ,the    
precedents of respectable authorities1  
and in good times4 ,in the first1 the   
principle of law1 that the judge is to  
decide on law1 the jury to decide on    
fact1 is an ancient and venerable       
principle and maxim of the law2 and if  

supported in this application by        
precedents of good times and of good    
men1 the judge1 if wrong1 ought to be   
corrected1--he ought not to be reproved 
or to be disgraced1 or the authority or 
respect to your tribunals to be         
impaired4 ,in cases in which declaratory
 bills have been made1 where by violence
 and corruption some fundamental part of
 the ,constitution has been struck at1  
where they would damn the principle1    
censure the persons1 and annul the      
acts1--but where the law has been by the
 accident of human frailty depraved or  
in a particular instance misunderstood1 
where you neither mean to rescind the   
acts nor to censure the persons1 in such
 cases you have taken the explanatory   
mode1 and1 without condemning what is   
done1 you direct the future judgment of 
the court4  ,all bills for the          
reformation of the law must be according
 to the subject-matter1 the             
circumstances1 and the occasion1 and are
 of four kinds3--#a4 ,either the law is 

totally wanting1 and then a new enacting
 statute must be made to supply that    
want2 or1 #b4 it is defective1 then a   
new law must be made to enforce it2 #c4 
or it is opposed by power or fraud1 and 
then an act must be made to declare it2 
#d4 or it is rendered doubtful and      
controverted1 and then a law must be    
made to explain it4 ,these must be      
applied according to the exigence of the
 case3 one is just as good as another of
 them4 ,miserable indeed would be the   
resources1 poor and unfurnished the     
stores and magazines of legislation1 if 
we were bound up to a little narrow     
form1 and not able to frame our acts of 
,parliament according to every          
disposition of our own minds and to     
every possible emergency of the         
commonwealth1--to make them declaratory1
 enforcing1 explanatory1 repealing1 just
 in what mode or in what degree we      
please4  ,those who think that the      
judges living and dead are to be        
condemned1 that your tribunals of       

justice are to be dishonored1 that their
 acts and judgments on this business are
 to be rescinded1--they will undoubtedly
 vote against this bill1 and for another
 sort4  ,i am not of the opinion of     
those gentlemen who are against         
disturbing the public repose3 ,i like a 
clamor1 whenever there is an abuse4 ,the
 fire-bell at midnight disturbs your    
sleep1 but it keeps you from being      
burned in your bed4 ,the hue-and-cry    
alarms the county1 but it preserves all 
the property of the province4 ,all these
 clamors aim at redress4 ,but a clamor  
made merely for the purpose of rendering
 the people discontented with their     
situation1 without an endeavor to give  
them a practical remedy1 is indeed one  
of the worst acts of sedition4  ,i have 
read and heard much upon the conduct of 
our courts in the business of libels4 ,i
 was extremely willing to enter into1   
and very free to act as facts should    
turn out on that inquiry1 aiming        
constantly at remedy as the end of all  

clamor1 all debate1 all writing1 and all
 inquiry2 for which reason ,i did       
embrace1 and do now with joy1 this      
method of giving quiet to the courts1   
jurisdiction to juries1 liberty to the  
press1 and satisfaction to the people4  
,i thank my friends for what they have  
done2 ,i hope the public will one day   
reap the benefit of their pious and     
judicious endeavors4 ,they have now sown
 the seed2 ,i hope they will live to see
 the flourishing harvest4 ,their bill is
 sown in weakness2 it will1 ,i trust1 be
 reaped in power4 ,and then1 however1 we
 shall have reason to apply to them what
 my ,lord ,coke says was an aphorism    
continually in the mouth of a great sage
 of the law1--,blessed be not the       
complaining tongue1 but blessed be the  
amending hand4     ,,letter  ,,on  ,,mr4
 ,,dowdeswell',s ,,bill ,,for           
,,explaining ,,the ,,powers ,,of        
,,juries ,,in ,,prosecutions ,,for      
,,libels4#b  ,an improper and injurious 
account of the bill brought into the    

,house of ,commons by ,mr4 ,dowdeswell  
has lately appeared in one of the public
 papers4 ,i am not at all surprised at  
it1 as ,i am not a stranger to the views
 and politics of those who have caused  
it to be inserted4  ,mr4 ,dowdeswell did
 not bring in an enacting bill to give  
to juries1 as the account expresses it1 
a power to try law and fact in matter of
 libel4 ,mr4 ,dowdeswell brought in a   
bill to put an end to those doubts and  
controversies upon that subject which   
have unhappily distracted our courts1 to
 the great detriment of the public1 and 
to the great dishonor of the national   
justice4  ,that it is the province of   
the jury1 in informations and           
indictments for libels1 to try nothing  
more than the fact of the composing and 
of the publishing averments and         
innuendoes is a doctrine held at present
 by all the judges of the ,king's       
,bench1 probably by most of the judges  
of the kingdom4 ,the same doctrine has  
been held pretty uniformly since the    

,revolution2 and it prevails more or    
less with the jury1 according to the    
degree of respect with which they are   
disposed to receive the opinions of the 
bench4  ,this doctrine1 which1 when it  
prevails1 tends to annihilate the       
benefit of trial by jury1 and when it is
 rejected by juries1 tends to weaken and
 disgrace the authority of the judge1 is
 not a doctrine proper for an ,english  
judicature4 ,for the sake both of judge 
and jury1 the controversy ought to be   
quieted1 and the law ought to be settled
 in a manner clear1 definitive1 and     
constitutional1 by the only authority   
competent to it1 the authority of the   
legislature4  ,mr4 ,dowdeswell's bill   
was brought in for that purpose4 ,it    
gives to the jury no new powers2 but1   
after reciting the doubts and           
controversies1 7which nobody denies     
actually to subsist17 and after stating1
 that1 if juries are not reputed        
competent to try the whole matter1 the  
benefit of trial by jury will be of none

 or imperfect effect1 it enacts1 not    
that the jury shall have the power1 but 
that they shall be held and reputed in  
law and right competent to try the whole
 matter laid in the information4 ,the   
bill is directing to the judges         
concerning the opinion in law which they
 are known to hold upon this            
subject1--and does not in the least     
imply that the jury were to derive a new
 right and power from that bill1 if it  
should have passed into an act of       
,parliament4 ,the implication is        
directly the contrary1 and is as        
strongly conveyed as it is possible for 
those to do who state a doubt and       
controversy without charging with       
criminality those persons who so doubted
 and so controverted4  ,such a style is 
frequent in acts of this nature1 and is 
that only which is suited to the        
occasion4 ,an insidious use has been    
made of the words enact and declare1 as 
if they were formal and operative words 
of force to distinguish different       

species of laws producing different     
effects4 ,nothing is more groundless2   
and ,i am persuaded no lawyer will stand
 to such an assertion4 ,the gentlemen   
who say that a bill ought to have been  
brought in upon the principle and in the
 style of the ,petition of ,right and   
,declaration of ,right ought to consider
 how far the circumstances are the same 
in the two cases1 and how far they are  
prepared to go the whole lengths of the 
reason of those remarkable laws4 ,mr4   
,dowdeswell and his friends are of      
opinion that the circumstances are not  
the same1 and that therefore the bill   
ought not to be the same4  ,it has been 
always disagreeable to the persons who  
compose that connection to engage       
wantonly in a paper war1 especially with
 gentlemen for whom they have an esteem1
 and who seem to agree with them in the 
great grounds of their public conduct2  
but they can never consent to purchase  
any assistance from any persons by the  
forfeiture of their own reputation4     

,they respect public opinion2 and       
therefore1 whenever they shall be called
 upon1 they are ready to meet their     
adversaries1 as soon as they please1    
before the tribunal of the public1 and  
there to justify the constitutional     
nature and tendency1 the propriety1 the 
prudence1 and the policy of their bill4 
,they are equally ready to explain and  
to justify all their proceedings in the 
conduct of it1--equally ready to defend 
their resolution to make it one object  
7if ever they should have the power7 in 
a plan of public reformation4  ,your    
correspondent ought to have been        
satisfied with the assistance which his 
friends have lent to administration in  
defeating that bill4 ,he ought not to   
make a feeble endeavor 7,i dare say1    
much to the displeasure of those        
friends7 to disgrace the gentleman who  
brought it in4 ,a measure proposed by   
,mr4 ,dowdeswell1 seconded by ,sir      
,george ,savile1 and supported by their 
friends1 will stand fair with the       

public1 even though it should have been 
opposed by that list of names           
7respectable names1 ,i admit7 which have
 been printed with so much parade and   
ostentation in your papers4  ,it is not 
true that ,mr4 ,burke spoke in praise of
 ,lord ,mansfield4 ,if he had found     
anything in ,lord ,mansfield            
praiseworthy1 ,i fancy he is not        
disposed to make an apology to anybody  
for doing justice4 ,your correspondent's
 reason for asserting it is visible     
enough2 and it is altogether in the     
strain of other misrepresentations4     
,that gentlemen spoke decently of the   
judges1 and he did no more2 most of the 
gentlemen who debated1 on both sides1   
held the same language2 and nobody will 
think their zeal the less warm1 or the  
less effectual1 because it is not       
attended with scurrility and virulence4 
,,footnotes3  #b ,the manuscript from   
which this ,letter is taken is in ,mr4  
,burke's own handwriting1 but it does   
not appear to whom it was addressed1 nor

 is there any date affixed to it4 ,it   
has been thought proper to insert it    
here1 as being connected with the       
subject of the foregoing ,speech4       
,,libel ,,bill4   ,whereas doubts and   
controversies have arisen at various    
times concerning the right of jurors to 
try the whole matter laid in indictments
 and informations for seditious and     
other libels2 and whereas trial by      
juries would be of none or imperfect    
effect1 if the jurors were not held to  
be competent to try the whole matter    
aforesaid3 for settling and clearing    
such doubts and controversies1 and for  
securing to the subject the effectual   
and complete benefit of trial by juries 
in such indictments and informations1   
,be it enacted1 c1 ,that jurors duly    
impanelled and sworn to try the issue   
between the king and the defendant upon 
any indictment or information for a     
seditious libel1 or a libel under any   
other denomination or description1 shall
 be held and reputed competent1 to all  

intents and purposes1 in law and in     
right1 to try every part of the matter  
laid or charged in said indictment or   
information1 comprehending the criminal 
intention of the defendant1 and the evil
 tendency of the libel charged1 as well 
as the mere fact of the publication     
thereof1 and the application by innuendo
 of blanks1 initial letters1 pictures1  
and other devices2 any opinion1         
question1 ambiguity1 or doubt to the    
contrary notwithstanding4     ,,speech  
,,on  ,a ,,bill ,,for ,,the ,,repeal    
,,of ,,the ,,marriage ,,act4  ,,june    
#ae1 #agha4   ,this act the ,marriage   
,act stands upon two principles3 one1   
that the power of marrying without      
consent of parents should not take place
 till twenty-one years of age2 the      
other1 that all marriages should be     
public4  ,the proposition of the        
honorable mover goes to the first2 and  
undoubtedly his motives are fair and    
honorable2 and even1 in that measure by 
which he would take away paternal power1

 he is influenced to it by filial piety2
 and he is led into it by a natural1 and
 to him inevitable1 but real            
mistake1--that the ordinary race of     
mankind advance as fast towards maturity
 of judgment and understanding as he    
does4  ,the question is not now1 whether
 the law ought to acknowledge and       
protect such a state of life as         
minority1 nor whether the continuance   
which is fixed for that state be not    
improperly prolonged in the law of      
,england4 ,neither of these in general  
are questioned4 ,the only question1 is1 
whether matrimony is to be taken out of 
the general rule1 and whether the minors
 of both sexes1 without the consent of  
their parents1 ought to have a capacity 
of contracting the matrimonial1 whilst  
they have not the capacity of           
contracting any other engagement4 ,now  
it appears to me very clear that they   
ought not4 ,it is a great mistake to    
think that mere animal propagation is   
the sole end of matrimony4 ,matrimony is

 instituted not only for the propagation
 of men1 but for their nutrition1 their 
education1 their establishment1 and for 
the answering of all the purposes of a  
rational and moral being2 and it is not 
the duty of the community to consider   
alone of how many1 but how useful       
citizens it shall be composed4  ,it is  
most certain that men are well qualified
 for propagation long before they are   
sufficiently qualified even by bodily   
strength1 much less by mental prudence1 
and by acquired skill in trades and     
professions1 for the maintenance of a   
family4 ,therefore to enable and        
authorize any man to introduce citizens 
into the commonwealth1 before a rational
 security can be given that he may      
provide for them and educate them as    
citizens ought to be provided for and   
educated1 is totally incongruous with   
the whole order of society4 ,nay1 it is 
fundamentally unjust2 for a man that    
breeds a family without competent means 
of maintenance incumbers other men with 

his children1 and disables them so far  
from maintaining their own4 ,the        
improvident marriage of one man becomes 
a tax upon the orderly and regular      
marriage of all the rest4 ,therefore    
those laws are wisely constituted that  
give a man the use of all his faculties 
at one time1 that they may be mutually  
subservient1 aiding and assisting to    
each other3 that the time of his        
completing his bodily strength1 the time
 of mental discretion1 the time of his  
having learned his trade1 and the time  
at which he has the disposition of his  
fortune1 should be likewise the time in 
which he is permitted to introduce      
citizens into the state1 and to charge  
the community with their maintenance4   
,to give a man a family during his      
apprenticeship1 whilst his very labor   
belongs to another1--to give him a      
family1 when you do not give him a      
fortune to maintain it1--to give him a  
family before he can contract any one of
 those engagements without which no     

business can be carried on1 would be to 
burden the state with families without  
any security for their maintenance4     
,when parents themselves marry their    
children1 they become in some sort      
security to prevent the ill             
consequences4 ,you have this security in
 parental consent2 the state takes its  
security in the knowledge of human      
nature4 ,parents ordinarily consider    
little the passion of their children and
 their present gratification4 ,don't    
fear the power of a father3 it is kind  
to passion to give it time to cool4 ,but
 their censures sometimes make me       
smile1--sometimes1 for ,i am very       
infirm1 make me angry3 spe bilem1 spe   
jocum movent4  ,it gives me pain to     
differ on this occasion from many1 if   
not most1 of those whom ,i honor and    
esteem4 ,to suffer the grave            
animadversion and censorial rebuke of   
the honorable gentleman who made the    
motion1 of him whose good-nature and    
good sense the ,house look upon with a  

particular partiality1 whose approbation
 would have been one of the highest     
objects of my ambition1--this hurts me4 
,it is said the ,marriage ,act is       
aristocratic4 ,i am accused1 ,i am told 
abroad1 of being a man of aristocratic  
principles4 ,if by aristocracy they mean
 the peers1 ,i have no vulgar           
admiration1 nor any vulgar antipathy    
towards them2 ,i hold their order in    
cold and decent respect4 ,i hold them to
 be of an absolute necessity in the     
,constitution2 but ,i think they are    
only good when kept within their proper 
bounds4 ,i trust1 whenever there has    
been a dispute between these ,houses1   
the part ,i have taken has not been     
equivocal4 ,if by the aristocracy       
7which1 indeed1 comes nearer to the     
point7 they mean an adherence to the    
rich and powerful against the poor and  
weak1 this would1 indeed1 be a very     
extraordinary part4 ,i have incurred the
 odium of gentlemen in this ,house for  
not paying sufficient regard to men of  

ample property4 ,when1 indeed1 the      
smallest rights of the poorest people in
 the kingdom are in question1 ,i would  
set my face against any act of pride and
 power countenanced by the highest that 
are in it2 and if it should come to the 
last extremity1 and to a contest of     
blood1--,god forbid6 ,god forbid6--my   
part is taken3 ,i would take my fate    
with the poor and low and feeble4 ,but  
if these people came to turn their      
liberty into a cloak for maliciousness1 
and to seek a privilege of exemption1   
not from power1 but from the rules of   
morality and virtuous discipline1 then  
,i would join my hand to make them feel 
the force which a few united in a good  
cause have over a multitude of the      
profligate and ferocious4  ,i wish the  
nature of the ground of repeal were     
considered with a little attention4 ,it 
is said the act tends to accumulate1 to 
keep up the power of great families1 and
 to add wealth to wealth4 ,it may be    
that it does so4 ,it is impossible that 

any principle of law or government      
useful to the community should be       
established without an advantage to     
those who have the greatest stake in the
 country4 ,even some vices arise from   
it4 ,the same laws which secure property
 encourage avarice2 and the fences made 
about honest acquisition are the strong 
bars which secure the hoards of the     
miser4 ,the dignities of magistracy are 
encouragements to ambition1 with all the
 black train of villanies which attend  
that wicked passion4 ,but still we must 
have laws to secure property1 and still 
we must have ranks and distinctions and 
magistracy in the state1 notwithstanding
 their manifest tendency to encourage   
avarice and ambition4  ,by affirming the
 parental authority throughout the      
state1 parents in high rank will        
generally aim at1 and will sometimes    
have the means1 too1 of preserving their
 minor children from any but wealthy or 
splendid matches4 ,but this authority   
preserves from a thousand misfortunes   

which embitter every part of every man's
 domestic life1 and tear to pieces the  
dearest lies in human society4  ,i am no
 peer1 nor like to be1--but am in middle
 life1 in the mass of citizens2 yet ,i  
should feel for a son who married a     
prostituted woman1 or a daughter who    
married a dishonorable and prostituted  
man1 as much as any peer in the realm4  
,you are afraid of the avaricious       
principle of fathers4 ,but observe that 
the avaricious principle is here        
mitigated very considerably4 ,it is     
avarice by proxy2 it is avarice not     
working by itself or for itself1 but    
through the medium of parental          
affection1 meaning to procure good to   
its offspring4 ,but the contest is not  
between love and avarice4  ,while you   
would guard against the possible        
operation of this species of benevolent 
avarice1 the avarice of the father1 you 
let loose another species of            
avarice1--that of the fortune-hunter1   
unmitigated1 unqualified4 ,to show the  

motives1 who has heard of a man running 
away with a woman not worth sixpence8   
,do not call this by the name of the    
sweet and best passion1--love4 ,it is   
robbery1--not a jot better than any     
other4  ,would you suffer the sworn     
enemy of his family1 his life1 and his  
honor1 possibly the shame and scandal   
and blot of human society1 to debauch   
from his care and protection the dearest
 pledge that he has on earth1 the sole  
comfort of his declining years1 almost  
in infantine imbecility1--and with it to
 carry into the hands of his enemy1 and 
the disgrace of ,nature1 the dear-earned
 substance of a careful and laborious   
life8 ,think of the daughter of an      
honest1 virtuous parent allied to vice  
and infamy4 ,think of the hopeful son   
tied for life by the meretricious arts  
of the refuse of mercenary and          
promiscuous lewdness4 ,have mercy on the
 youth of both sexes2 protect them from 
their ignorance and inexperience2       
protect one part of life by the wisdom  

of another2 protect them by the wisdom  
of laws and the care of ,nature4        
,,speech  ,,on ,a  ,,motion ,,made ,,in 
,,the ,,house ,,of ,,commons1           
,,february #ag1 #aggb1  ,,for ,,leave   
,,to ,,bring ,,in  ,a ,,bill ,,to       
,,quiet ,,the ,,possessions ,,of ,,the  
,,subject ,,against ,,dormant ,,claims  
,,of ,,the ,,church4   ,if ,i considered
 this bill as an attack upon the        
,church1 brought in for the purpose of  
impoverishing and weakening the clergy1 
,i should be one of the foremost in an  
early and vigorous opposition to it4  ,i
 admit1 the same reasons do not press   
for limiting the claims of the ,church  
that existed for limiting the crown1 by 
that wisest of all laws which1 has      
secured the property1 the peace1 and the
 freedom of this country from the most  
dangerous mode of attack which could be 
made upon them all4  ,i am very sensible
 of the propriety of maintaining that   
venerable body with decency1--and with  
more than mere decency4 ,i would        

maintain it according to the ranks      
wisely established in it1 with that     
sober and temperate splendor that is    
suitable to a sacred character invested 
with high dignity4  ,there ought to be a
 symmetry between all the parts and     
orders of a state4 ,a poor clergy in an 
opulent nation can have little          
correspondence with the body it is to   
instruct1 and it is a disgrace to the   
public sentiments of religion4 ,such    
irreligious frugality is even bad       
economy1 as the little that is given is 
entirely thrown away4 ,such an          
impoverished and degraded clergy in     
quiet tunes could never execute their   
duty1 and in time of disorder would     
infinitely aggravate the public         
confusions4  ,that the property of the  
,church is a favored and privileged     
property ,i readily admit4 ,it is made  
with great wisdom2 since a perpetual    
body1 with a perpetual duty1 ought to   
have a perpetual provision4  ,the       
question is not1 the property of the    

,church1 or its security4 ,the question 
is1 whether you will render the         
principle of prescription a principle of
 the law of this laud1 and incorporate  
it with the whole of your               
jurisprudence1--whether1 having given it
 first against the laity1 then against  
the crown1 you will now extend it to the
 ,church4  ,the acts which were made1   
giving limitation against the laity1    
were not acts against the property of   
those who might be precluded by         
limitations4 ,the act of quiet against  
the crown was not against the interests 
of the crown1 but against a power of    
vexation4  ,if the principle of         
prescription be not a constitution of   
positive law1 but a principle of natural
 equity1 then to hold it out against any
 man is not doing him injustice4  ,that 
tithes are due of common right is       
readily granted2 and if this principle  
had been kept in its original           
straitness1 it might1 indeed1 be        
supposed that to plead an exemption was 

to plead a long-continued fraud1 and    
that no man could be deceived in such a 
title1--as the moment he bought land1 he
 must know that he bought land tithed3  
prescription could not aid him1 for     
prescription can only attach on a       
supposed bon fide possession4 ,but the  
fact is1 that the principle has been    
broken in upon4  ,here it is necessary  
to distinguish two sorts of property4   
#a4 ,land carries no mark on it to      
distinguish it as ecclesiastical1 as    
tithes do1 which are a charge on land2  
therefore1 though it had been made      
inalienable1 it ought perhaps to be     
subject to limitation4 ,it might bon    
fide be held4  ,but1 first1 it was not  
originally inalienable1 no1 not by the  
,canon ,law1 until the restraining act  
of the #aath #ast8 of ,elizabeth4 ,but  
the great revolution of the dissolution 
of monasteries1 by the #cast ,hen41 ch4 
#ac1 has so mixed and confounded        
ecclesiastical with lay property1 that a
 man may by every rule of good faith be 

possessed of it4 ,the statute of ,queen 
,elizabeth1 ann4 #a1 ch4 #a1 8 gave away
 the bishop's lands4  ,so far as to     
lands4  ,as to tithes1 they are not     
things in their own nature subject to be
 barred by prescription upon the general
 principle4 ,but tithes and ,church     
lands1 by the statutes of ,henry ,,viii4
 and the #aath #ast8 ,eliz41 have become
 objects in commercio3 for by coming to 
the crown they became grantable in that 
way to the subject1 and a great part of 
the ,church lands passed through the    
crown to the people4  ,by passing to the
 king1 tithes became property to a mixed
 party2 by passing from the king1 they  
became absolutely lay property3 the     
partition-wall was broken down1 and     
tithes and ,church possession became no 
longer synonymous terms4 ,no ,a8 man1   
therefore1 might become a fair purchaser
 of tithes1 and of exemption from       
tithes4  ,by the statute of ,elizabeth1 
the lands took the same course1 7,i will
 not inquire by what justice1 good      

policy1 and decency17 but they passed   
into lay lands1 became the object of    
purchases for valuable consideration1   
and of marriage settlements4  ,now1 if  
tithes might come to a layman1 land in  
the hands of a layman might be also     
tithe-free4 ,so that there was an object
 which a layman might become seized of  
equitably and bon fide2 there was       
something on which a prescription might 
attach1 the end of which is1 to secure  
the natural well-meaning ignorance of   
men1 and to secure property by the best 
of all principles1 continuance4  ,i have
 therefore shown that a layman may be   
equitably seized of ,church lands1--#b4 
of tithes1--#c4 of exemption from       
tithes2 and you will not contend that   
there should be no prescription4 ,will  
you say that the alienations made before
 the #aath of ,elizabeth shall not stand
 good8  ,i do not mean anything against 
the ,church1 her dignities1 her honors1 
her privileges1 or her possessions4 ,i  
should wish even to enlarge them all3   

not that the ,church of ,england is     
incompetently endowed4 ,this is to take 
nothing from her but the power of making
 herself odious4 ,if she be secure      
herself1 she can have no objection to   
the security of others4 ,for ,i hope she
 is secure from lay-bigotry and         
anti-priestcraft1 for certainly such    
things there are4 ,i heartily wish to   
see the ,church secure in such          
possessions as will not only enable her 
ministers to preach the ,gospel with    
ease1 but of such a kind as will enable 
them to preach it with its full effect1 
so that the pastor shall not have the   
inauspicious appearance of a            
tax-gatherer1--such a maintenance as is 
compatible with the civil prosperity and
 improvement of their country4          
,,hints  ,,for  ,,an ,,essay ,,on ,,the 
,,drama4     ,,note4   ,these hints     
appear to have been first thoughts1     
which were probably intended to be      
amplified and connected1 and so worked  
up into a regular dissertation4 ,no date

 appears of the time when they were     
written1 but it was probably before the 
year #agfe4     ,,hints  ,,for ,,an     
,,essay ,,on ,,the ,,drama4   ,it is    
generally observed that no species of   
writing is so difficult as the dramatic4
 ,it must1 indeed1 appear so1 were we to
 consider it upon one side only4 ,it is 
a dialogue1 or species of composition   
which in itself requires all the mastery
 of a complete writer with grace and    
spirit to support4 ,we may add1 that it 
must have a fable1 too1 which           
necessarily requires invention1 one of  
the rarest qualities of the human mind4 
,it would surprise us1 if we were to    
examine the thing critically1 how few   
good original stories there are in the  
world4 ,the most celebrated borrow from 
each other1 and are content with some   
new turn1 some corrective1 addition1 or 
embellishment4 ,many of the most        
celebrated writers in that way can claim
 no other merit4 ,i do not think ,la    
,fontaine has one original story4 ,and  

if we pursue him to those who were his  
originals1 the ,italian writers of tales
 and novels1 we shall find most even of 
them drawing from antiquity1 or         
borrowing from the ,eastern world1 or   
adopting and decorating the little      
popular stories they found current and  
traditionary in their country4          
,sometimes they laid the foundation of  
their tale in real fact4 ,even after all
 their borrowing from so many funds1    
they are still far from opulent4 ,how   
few stories has ,boccace which are      
tolerable1 and how much fewer are there 
which you would desire to read twice6   
,but this general difficulty is greatly 
increased1 when we come to the drama4   
,here a fable is essential1--a fable    
which is to be conducted with rapidity1 
clearness1 consistency1 and surprise1   
without any1 or certainly with very     
little1 aid from narrative4 ,this is the
 reason that generally nothing is more  
dull in telling than the plot of a play4
 ,it is seldom or never a good story in 

itself2 and in this particular1 some of 
the greatest writers1 both in ancient   
and modern theatres1 have failed in the 
most miserable manner4 ,it is well a    
play has still so many requisites to    
complete it1 that1 though the writer    
should not succeed in these particulars1
 and therefore should be so far from    
perfection1 there are still enough left 
in which he may please1 at less expense 
of labor to himself1 and perhaps1 too1  
with more real advantage to his         
auditory4 ,it is1 indeed1 very difficult
 happily to excite the passions and draw
 the characters of men2 but our nature  
leads us more directly to such paintings
 than to the invention of a story4 ,we  
are imitative animals2 and we are more  
naturally led to imitate the exertions  
of character and passion than to observe
 and describe a series of events1 and to
 discover those relations and           
dependencies in them which will please4 
,nothing can be more rare than this     
quality4 ,herein1 as ,i believe1        

consists the difference between the     
inventive and the descriptive genius4   
,by the inventive genius ,i mean the    
creator of agreeable facts and          
incidents2 by the descriptive1 the      
delineator of characters1 manners1 and  
passions4 ,imitation calls us to this2  
we are in some cases almost forced to   
it1 and it is comparatively easy4 ,more 
observe the characters of men than the  
order of things3 to the one we are      
formed by ,nature1 and by that sympathy 
from which we are so strongly led to    
take a part in the passions and manners 
of our fellow-men2 the other is1 as it  
were1 foreign and extrinsical4 ,neither1
 indeed1 can anything be done1 even in  
this1 without invention2 but it is      
obvious that this invention is of a kind
 altogether different from the former4  
,however1 though the more sublime genius
 and the greatest art are required for  
the former1 yet the latter1 as it is    
more common and more easy1 so it is more
 useful1 and administers more directly  

to the great business of life4  ,if the 
drama requires such a combination of    
talents1 the most common of which is    
very rarely to be found and difficult to
 be exerted1 it is not surprising1 at a 
time when almost all kinds of poetry are
 cultivated with little success1 to find
 that we have done no great matters in  
this4 ,many causes may be assigned for  
our present weakness in that oldest and 
most excellent branch of philosophy1    
poetical learning1 and particularly in  
what regards the theatre4 ,i shall here 
only consider what appears to me to be  
one of these causes3 ,i mean the wrong  
notion of the art itself1 which begins  
to grow fashionable1 especially among   
people of an elegant turn of mind with a
 weak understanding2 and these are they 
that form the great body of the idle    
part of every polite and civilized      
nation4 ,the prevailing system of that  
class of mankind is indolence4 ,this    
gives them an aversion to all strong    
movements4 ,it infuses a delicacy of    

sentiment1 which1 when it is real1 and  
accompanied with a justness of thought1 
is an amiable quality1 and favorable to 
the fine arts2 but when it comes to make
 the whole of the character1 it injures 
things more excellent than those which  
it improves1 and degenerates into a     
false refinement1 which diffuses a      
languor and breathes a frivolous air    
over everything which it can            
influence4444  ,having differed in my   
opinion about dramatic composition1 and 
particularly in regard to comedy1 with a
 gentleman for whose character and      
talents ,i have a very high respect1 ,i 
thought myself obliged1 on account of   
that difference1 to a new and more exact
 examination of the grounds upon which  
,i had formed my opinions4 ,i thought it
 would be impossible to come to any     
clear and definite idea on this subject1
 without remounting to the natural      
passions or dispositions of men1 which  
first gave rise to this species of      
writing2 for from these alone its       

nature1 its limits1 and its true        
character can be determined4  ,there are
 but four general principles which can  
move men to interest themselves in the  
characters of others1 and they may be   
classed under the heads of good and ill 
opinion3 on the side of the first may be
 classed admiration and love1 hatred and
 contempt on the other4 ,and these have 
accordingly divided poetry into two very
 different kinds1--the panegyrical1 and 
the satirical2 under one of which heads 
all genuine poetry falls 7for ,i do not 
reckon the didactic as poetry1 in the   
strictness of speech74  ,without        
question1 the subject of all poetry was 
originally direct and personal4         
,fictitious character is a refinement1  
and comparatively modern2 for           
abstraction is in its nature slow1 and  
always follows the progress of          
philosophy4 ,men had always friends and 
enemies before they knew the exact      
nature of vice and virtue2 they         
naturally1 and with their best powers of

 eloquence1 whether in prose or verse1  
magnified and set off the one1 vilified 
and traduced the other4  ,the first     
species of composition in either way was
 probably some general1 indefinite topic
 of praise or blame1 expressed in a song
 or hymn1 which is the most common and  
simple kind of panegyric and satire4    
,but as nothing tended to set their hero
 or subject in a more forcible light    
than some story to their advantage or   
prejudice1 they soon introduced a       
narrative1 and thus improved the        
composition into a greater variety of   
pleasure to the hearer1 and to a more   
forcible instrument of honor or disgrace
 to the subject4  ,it is natural with   
men1 when they relate any action with   
any degree of warmth1 to represent the  
parties to it talking as the occasion   
requires2 and this produces that mixed  
species of poetry1 composed of narrative
 and dialogue1 which is very universal  
in all languages1 and of which ,homer is
 the noblest example in any4 ,this mixed

 kind of poetry seems also to be most   
perfect1 as it takes in a variety of    
situations1 circumstances1 reflections1 
and descriptions1 which must be rejected
 on a more limited plan4  ,it must be   
equally obvious1 that men1 in relating a
 story in a forcible manner1 do very    
frequently mimic the looks1 gesture1 and
 voice of the person concerned1 and for 
the time1 as it were1 put themselves    
into his place4 ,this gave the hint to  
the drama1 or acting2 and observing the 
powerful effect of this in public       
exhibitions4444  ,but the drama1 the    
most artificial and complicated of all  
the poetical machines1 was not yet      
brought to perfection2 and like those   
animals which change their state1 some  
parts of the old narrative still        
adhered4 ,it still had a chorus1 it     
still had a prologue to explain the     
design2 and the perfect drama1 an       
automaton supported and moved without   
any foreign help1 was formed late and   
gradually4 ,nay1 there are still several

 parts of the world in which it is not1 
and probably never may be1 formed4 ,the 
,chinese drama4  ,the drama1 being at   
length formed1 naturally adhered to the 
first division of poetry1 the satirical 
and panegyrical1 which made tragedy and 
comedy4  ,men1 in praising1 naturally   
applaud the dead4 ,tragedy celebrated   
the dead4  ,great men are never         
sufficiently shown but in struggles4    
,tragedy turned1 therefore1 on          
melancholy and affecting subjects1--a   
sort of threnodia1--its passions1       
therefore1 admiration1 terror1 and pity4
  ,comedy was satirical4 ,satire is best
 on the living4  ,it was soon found that
 the best way to depress an hated       
character was to turn it into ridicule2 
and therefore the greater vices1 which  
in the beginning were lashed1 gave place
 to the contemptible4 ,its passion1     
therefore1 became ridicule4  ,every     
writing must have its characteristic    
passion4 ,what is that of comedy1 if not
 ridicule8  ,comedy1 therefore1 is a    

satirical poem1 representing an action  
carried on by dialogue1 to excite       
laughter by describing ludicrous        
characters4 ,see ,aristotle4            
,therefore1 to preserve this definition1
 the ridicule must be either in the     
action or characters1 or both4  ,an     
action may be ludicrous1 independent of 
the characters1 by the ludicrous        
situations and accidents which may      
happen to the characters4  ,but the     
action is not so important as the       
characters4 ,we see this every day upon 
the stage4  ,what are the characters fit
 for comedy8  ,it appears that no part  
of human life which may be subject to   
ridicule is exempted from comedy2 for   
wherever men run into the absurd1       
whether high or low1 they may be the    
subject of satire1 and consequently of  
comedy4 ,indeed1 some characters1 as    
kings1 are exempted through decency2    
others might be too insignificant4 ,some
 are of opinion that persons in better  
life are so polished that their tone    

characters and the real bent of their   
humor cannot appear4 ,for my own part1  
,i cannot give entire credit to this    
remark4 ,for1 in the first place1 ,i    
believe that good-breeding is not so    
universal or strong in any part of life 
as to overrule the real characters and  
strong passions of such men as would be 
proper objects of the drama4 ,secondly1 
it is not the ordinary1 commonplace     
discourse of assemblies that is to be   
represented in comedy4 ,the parties are 
to be put in situations in which their  
passions are roused1 and their real     
characters called forth2 and if their   
situations are judiciously adapted to   
the characters1 there is no doubt but   
they will appear in all their force1    
choose what situation of life you       
please4 ,let the politest man alive     
game1 and feel at loss2 let this be his 
character2 and his politeness will never
 hide it1 nay1 it will put it forward   
with greater violence1 and make a more  
forcible contrast4#c  ,but genteel      

comedy puts these characters1 not in    
their passionate1 but in their genteel  
light2 makes elegant cold conversation1 
and virtuous personages4#d ,such sort of
 pictures disagreeable4  ,virtue and    
politeness not proper for comedy2 for   
they have too much or no movement4      
,they are not good in tragedy1 much less
 here4  ,the greater virtues1 fortitude1
 justice1 and the like1 too serious and 
sublime4  ,it is not every story1 every 
character1 every incident1 but those    
only which answer their end4--,painting 
of artificial things not good2 a thing  
being useful does not therefore make it 
most pleasing in picture4--,natural     
manners1 good and bad4--,sentiment4 ,in 
common affairs and common life1 virtuous
 sentiments are not even the character  
of virtuous men2 we cannot bear these   
sentiments1 but when they are pressed   
out1 as it were1 by great exigencies1   
and a certain contention which is above 
the general style of comedy4444  ,the   
first character of propriety the        

,lawsuit possesses in an eminent degree4
 ,the plot of the play is an iniquitous 
suit2 there can be no fitter persons to 
be concerned in the active part of it   
than low1 necessitous lawyers of bad    
character1 and profligates of desperate 
fortune4 ,on the other hand1 in the     
passive part1 if an honest and virtuous 
man had been made the object of their   
designs1 or a weak man of good          
intentions1 every successful step they  
should take against him ought rather to 
fill the audience with horror than      
pleasure and mirth2 and if in the       
conclusion their plots should be        
baffled1 even this would come too late  
to prevent that ill impression4 ,but in 
the ,lawsuit this is admirably avoided3 
for the character chosen is a rich1     
avaricious usurer3 the pecuniary        
distresses of such a person can never be
 looked upon with horror2 and if he     
should be even handled unjustly1 we     
always wait his delivery with patience4 
,now with regard to the display of the  

character1 which is the essential part  
of the plot1 nothing can be more finely 
imagined than to draw a miser in law4   
,if you draw him inclined to love and   
marriage1 you depart from the height of 
his character in some measure1 as       
,molire has done4 ,expenses of this kind
 he may easily avoid4 ,if you draw him  
in law1 to advance brings expense1 to   
draw back brings expense2 and the       
character is tortured and brought out at
 every moment4  ,a sort of notion has   
prevailed that a comedy might subsist   
without humor4 ,it is an idle           
disquisition1 whether a story in private
 life1 represented in dialogues1 may not
 be carried on with some degree of merit
 without humor4 ,it may unquestionably2 
but what shines chiefly in comedy1 the  
painting the manners of life1 must be in
 a great measure wanting4 ,a character  
which has nothing extravagant1 wrong1 or
 singular in it can affect but very     
little3 and this is what makes          
,aristotle draw the great line of       

distinction between tragedy and comedy4 
1 c4 ,arist4 ,poet4 ,ch4 ,,ii4          
99       99       99       99       99  
,there is not a more absurd mistake than
 that whatever may not unnaturally      
happen in an action is of course to be  
admitted into every painting of it4 ,in 
,nature1 the great and the little1 the  
serious and the ludicrous1 things the   
most disproportionate the one to the    
other1 are frequently huddled together  
in much confusion1 ,and what then8 ,it  
is the business of ,art first to choose 
some determinate end and purpose1 and   
then to select those parts of ,nature1  
and those only1 which conduce to that   
end1 avoiding with most religious       
exactness the intermixture of anything  
which would contradict it4 ,else the    
whole idea of propriety1 that is1 the   
only distinction between the just and   
chimerical in the arts1 would be utterly
 lost4 ,an hero eats1 drinks1 and       
sleeps1 like other men2 but to introduce
 such scenes on the stage1 because they 

are natural1 would be ridiculous4 ,and  
why8 ,because they have nothing to do   
with the end for which the play is      
written4 ,the design of a piece might be
 utterly destroyed by the most natural  
incidents in the world4 ,boileau has    
somewhere criticized with what surely is
 a very just severity on ,ariosto1 for  
introducing a ludicrous tale from his   
host to one of the principal persons of 
his poem1 though the story has great    
merit in its way4 ,indeed1 that famous  
piece is so monstrous and extravagant in
 all its parts that one is not          
particularly shocked with this          
indecorum4 ,but1 as ,boileau has        
observed1 if ,virgil had introduced neas
 listening to a bawdy story from his    
host1 what an episode had this formed in
 that divine poem6 ,suppose1 instead of 
neas1 he had represented the impious    
,mezentius as entertaining himself in   
that manner2 such a thing would not have
 been without probability1 but it would 
have clashed with the very first        

principles of taste1 and1 ,i would say1 
of common sense4  ,i have heard of a    
celebrated picture of the ,last         
,supper1--and if ,i do not mistake1 it  
is said to be the work of some of the   
,flemish masters3 in this picture all   
the personages are drawn in a manner    
suitable to the solemnity of the        
occasion2 but the painter has filled the
 void under the table with a dog gnawing
 bones4 ,who does not see the           
possibility of such an incident1 and1 at
 the same time1 the absurdity of        
introducing it on such an occasion6     
,innumerable such cases might be stated4
 ,it is not the incompatibility or      
agreeableness of incidents1 characters1 
or sentiments with the probable in fact1
 but with propriety in design1 that     
admits or excludes them from a place in 
any composition4 ,we may as well urge   
that stones1 sand1 clay1 and metals lie 
in a certain manner in the earth1 as a  
reason for building with these materials
 and in that manner1 as for writing     

according to the accidental disposition 
of characters in ,nature4 ,i have1 ,i am
 afraid1 been longer than it might seem 
necessary in refuting such a notion2 but
 such authority can only be opposed by a
 good deal of reason4 ,we are not to    
forget that a play is1 or ought to be1 a
 very short composition2 that1 if one   
passion or disposition is to be wrought 
up with tolerable success1 ,i believe it
 is as much as can in any reason be     
expected4 ,if there be scenes of        
distress and scenes of humor1 they must 
either be in a double or single plot4   
,if there be a double plot1 there are in
 fact two4 ,if they be in checkered     
scenes of serious and comic1 you are    
obliged continually to break both the   
thread of the story and the continuity  
of the passion1--if in the same scene1  
as ,mrs4 ,v4 seems to recommend1 it is  
needless to observe how absurd the      
mixture must be1 and how little adapted 
to answer the genuine end of any        
passion4 ,it is odd to observe the      

progress of bad taste3 for this mixed   
passion being universally proscribed in 
the regions of tragedy1 it has taken    
refuge and shelter in comedy1 where it  
seems firmly established1 though no     
reason can be assigned why we may not   
laugh in the one as well as weep in the 
other4 ,the true reason of this mixture 
is to be sought for in the manners which
 are prevalent amongst a people4 ,it has
 become very fashionable to affect      
delicacy1 tenderness of heart1 and fine 
feeling1 and to shun all imputation of  
rusticity4 ,much mirth is very foreign  
to this character2 they have introduced1
 therefore1 a sort of neutral writing4  
,now as to characters1 they have dealt  
in them as in the passions4 ,there are  
none but lords and footmen4 ,one        
objection to characters in high life is1
 that almost all wants1 and a thousand  
happy circumstances arising from them1  
being removed from it1 their whole mode 
of life is too artificial1 and not so   
fit for painting2 and the contrary      

opinion has arisen from a mistake1 that 
whatever has merit in the reality       
necessarily must have it in the         
representation4 ,i have observed that   
persons1 and especially women1 in lower 
life1 and of no breeding1 are fond of   
such representations4 ,it seems like    
introducing them into good company1 and 
the honor compensates the dulness of the
 entertainment4  ,fashionable manners   
being fluctuating is another reason for 
not choosing them4--,sensible           
comedy1--talking sense a dull           
thing--4444  ,,footnotes3  #c ,sic in   
,,ms4  #d ,sic in ,,ms4     ,,an ,,essay
  ,,towards ,,an  ,,abridgment ,,of     
,,the ,,english ,,history4  ,,in ,,three
 ,,books4     ,,an  ,,abridgment ,,of   
,,english ,,history4  ,,book ,i4        
,,chapter ,i4  ,,causes ,,of ,,the      
,,connection ,,between ,,the ,,romans   
,,and ,,britons4--,,caesar',s ,,two     
,,invasions ,,of ,,britain4   ,in order 
to obtain a clear notion of the state of
 ,europe before the universal prevalence

 of the ,roman power1 the whole region  
is to be divided into two principal     
parts1 which we shall call ,northern and
 ,southern ,europe4 ,the northern part  
is everywhere separated from the        
southern by immense and continued chains
 of mountains4 ,from ,greece it is      
divided by ,mount ,hmus2 from ,spain by 
the ,pyrenees2 from ,italy by the ,alps4
 ,this division is not made by an       
arbitrary or casual distribution of     
countries4 ,the limits are marked out by
 ,nature1 and in these early ages were  
yet further distinguished by a          
considerable difference in the manners  
and usages of the nations they divided4 
,if we turn our eyes to the northward of
 these boundaries1 a vast mass of solid 
continent lies before us1 stretched out 
from the remotest shore of ,tartary     
quite to the ,atlantic ,ocean4 ,a line  
drawn through this extent1 from east to 
west1 would pass over the greatest body 
of unbroken land that is anywhere known 
upon the globe4 ,this tract1 in a course

 of some degrees to the northward1 is   
not interrupted by any sea2 neither are 
the mountains so disposed as to form any
 considerable obstacle to hostile       
incursions4 ,originally it was all      
inhabited but by one sort of people1    
known by one common denomination of     
,scythians4 ,as the several tribes of   
this comprehensive name lay in many     
parts greatly exposed1 and as by their  
situation and customs they were much    
inclined to attack1 and by both ill     
qualified for defence1 throughout the   
whole of that immense region there was  
for many ages a perpetual flux and      
reflux of barbarous nations4 ,none of   
their commonwealths continued long      
enough established on any particular    
spot to settle and to subside into a    
regular order1 one tribe continually    
overpowering or thrusting out another4  
,but as these were only the mixtures of 
,scythians with ,scythians1 the triumphs
 of barbarians over barbarians1 there   
were revolutions in empire1 but none in 

manners4 ,the ,northern ,europe1 until  
some parts of it were subdued by the    
progress of the ,roman arms1 remained   
almost equally covered with all the     
ruggedness of primitive barbarism4  ,the
 southern part was differently          
circumstanced4 ,divided1 as we have     
said1 from the northern by great        
mountains1 it is further divided within 
itself by considerable seas4 ,spain1    
,greece1 and ,italy are peninsulas4 ,by 
these advantages of situation the       
inhabitants were preserved from those   
great and sudden revolutions to which   
the ,northern world had been always     
liable2 and being confined within a     
space comparatively narrow1 they were   
restrained from wandering into a        
pastoral and unsettled life4 ,it was    
upon one side only that they could be   
invaded by land4 ,whoever made an       
attempt on any other part must          
necessarily have arrived in ships of    
some magnitude1 and must therefore have 
in a degree been cultivated1 if not by  

the liberal1 at least by the mechanic   
arts4 ,in fact1 the principal           
colonies-which we find these countries  
to have received were sent from         
,phnicia1 or the ,lesser ,asia1 or      
,egypt1 the great fountains of the      
ancient civility and learning4 ,and they
 became more or less1 earlier or later1 
polished1 as they were situated nearer  
to or further from these celebrated     
sources4 ,though ,i am satisfied1 from a
 comparison of the ,celtic tongues with 
the ,greek and ,roman1 that the original
 inhabitants of ,italy and ,greece were 
of the same race with the people of     
,northern ,europe1 yet it is certain    
they profited so much by their guarded  
situation1 by the mildness of their     
climate favorable to humanity1 and by   
the foreign infusions1 that they came   
greatly to excel the ,northern nations  
in every respect1 and particularly in   
the art and discipline of war4 ,for1 not
 being so strong in their bodies1 partly
 from the temperature of their climate1 

partly from a degree of softness induced
 by a more cultivated life1 they applied
 themselves to remove the few           
inconveniences of a settled society by  
the advantages which it affords in art1 
disposition1 and obedience2 and as they 
consisted of many small states1 their   
people were well exercised in arms1 and 
sharpened against each other by         
continual war4  ,such was the situation 
of ,greece and ,italy from a very remote
 period4 ,the ,gauls and other ,northern
 nations1 envious of their wealth1 and  
despising the effeminacy of their       
manners1 often invaded them with1       
numerous1 though ill-formed armies4 ,but
 their greatest and most frequent       
attempts were against ,italy1 their     
connection with which country alone we  
shall here consider4 ,in the course of  
these wars1 the superiority of the      
,roman discipline over the ,gallic      
ferocity was at length demonstrated4    
,the ,gauls1 notwithstanding the numbers
 with which their irruptions were made1 

and the impetuous courage by which that 
nation was distinguished1 had no        
permanent success4 ,they were altogether
 unskilful either in improving their    
victories or repairing their defeats4   
,but the ,romans1 being governed by a   
most wise order of men1 perfected by a  
traditionary experience in the policy of
 conquest1 drew some advantage from     
every turn of fortune1 and1 victorious  
or vanquished1 persisted in one uniform 
and comprehensive plan of breaking to   
pieces everything which endangered their
 safety or obstructed their greatness4  
,for1 after having more than once       
expelled the ,northern invaders out of  
,italy1 they pursued them over the      
,alps2 and carrying the war into the    
country of their enemy1 under several   
able generals1 and at last under ,caius 
,csar1 they reduced all the ,gauls from 
the ,mediterranean ,sea to the ,rhine   
and the ,ocean4 ,during the progress of 
this decisive war1 some of the maritime 
nations of ,gaul had recourse for       

assistance to the neighboring island of 
,britain4 ,prom thence they received    
considerable succors2 by which means    
this island first came to be known with 
any exactness by the ,romans1 and first 
drew upon it the attention of that      
victorious people4  ,though ,csar had   
reduced ,gaul1 he perceived clearly that
 a great deal was still wanting to make 
his conquest secure and lasting4 ,that  
extensive country1 inhabited by a       
multitude of populous and fierce        
nations1 had been rather overrun than   
conquered4 ,the ,gauls were not yet     
broken to the yoke1 which they bore with
 murmuring and discontent4 ,the ruins of
 their own strength were still          
considerable2 and they had hopes that   
the ,germans1 famous for their          
invincible courage and their ardent love
 of liberty1 would be at hand powerfully
 to second any endeavors for the        
recovery of their freedom2 they trusted 
that the ,britons1 of their own blood1  
allied in manners and religion1 and     

whose help they had lately experienced1 
would not then be wanting to the same   
cause4 ,csar was not ignorant of these  
dispositions4 ,he therefore judged1     
that1 if he could confine the attention 
of the ,germans and ,britons to their   
own defence1 so that the ,gauls1 on     
which side soever they turned1 should   
meet nothing but the ,roman arms1 they  
must soon be deprived of all hope1 and  
compelled to seek their safety in an    
entire submission4  ,these were the     
public reasons which made the invasion  
of ,britain and ,germany an undertaking1
 at that particular time1 not unworthy a
 wise and able general4 ,but these      
enterprises1 though reasonable in       
themselves1 were only subservient to    
purposes of more importance1 and which  
he had more at heart4 ,whatever measures
 he thought proper to pursue on the side
 of ,germany1 or on that of ,britain1 it
 was towards ,rome that he always       
looked1 and to the furtherance of his   
interest there that all his motions were

 really directed4 ,that republic had    
receded from many of those maxims by    
which her freedom had been hitherto     
preserved under the weight of so vast an
 empire4 ,rome now contained many       
citizens of immense wealth1 eloquence1  
and ability4 ,particular men were more  
considered than the republic2 and the   
fortune and genius of the ,roman people1
 which formerly had been thought equal  
to everything1 came now to be less      
relied upon than the abilities of a few 
popular men4 ,the war with the ,gauls1  
as the old and most dangerous enemy of  
,rome1 was of the last importance2 and  
,csar had the address to obtain the     
conduct of it for a term of years1      
contrary to one of the most established 
principles of their government4 ,but    
this war was finished before that term  
was expired1 and before the designs     
which he entertained against the liberty
 of his country were fully ripened4 ,it 
was therefore necessary to find some    
pretext for keeping his army on foot2 it

 was necessary to employ them in some   
enterprise that might at once raise his 
character1 keep his interest alive at   
,rome1 endear him to his troops1 and by 
that means weaken the ties which held   
them to their country4  ,from this      
motive1 colored by reasons plausible and
 fit to be avowed1 he resolved in one   
and the same year1 and even when that   
was almost expired1 upon two            
expeditions1 the objects of which lay at
 a great distance from each other1 and  
were as yet untouched by the ,roman     
arms4 ,and first he resolved to pass the
 ,rhine1 and penetrate into ,germany4   
,csar spent but twenty-eight days in his
 ,german expedition4 ,in ten he built   
his admirable bridge across the ,rhine2 
in eighteen he performed all he proposed
 by entering that country4 ,when the    
,germans saw the barrier of their river 
so easily overcome1 and ,nature herself1
 as it were1 submitted to the yoke1 they
 were struck with astonishment1 and     
never after ventured to oppose the      

,romans in the field4 ,the most         
obnoxious of the ,german countries were 
ravaged1 the strong awed1 the weak taken
 into protection4 ,thus an alliance     
being formed1 always the first step of  
the ,roman policy1 and not only a       
pretence1 but a means1 being thereby    
acquired of entering the country upon   
any future occasion1 he marched back    
through ,gaul to execute a design of    
much the same nature and extent in      
,britain4  ,sidenote3 ,b4,c4 #ee4  ,the 
inhabitants of that island1 who were    
divided into a great number of petty    
nations1 under a very coarse and        
disorderly frame of government1 did not 
find it easy to plan any effectual      
measures for their defence4 ,in order1  
however1 to gain time in this exigency1 
they sent ambassadors to ,csar with     
terms of submission4 ,csar could not    
colorably reject their offers4 ,but as  
their submission rather clashed than    
coincided with his real designs1 he     
still persisted in his resolution of    

passing over into ,britain2 and         
accordingly embarked with the infantry  
of two legions at the port of ,itium4#e 
,his landing was obstinately disputed by
 the natives1 and brought on a very hot 
and doubtful engagement4 ,but the       
superior dispositions of so accomplished
 a commander1 the resources of the      
,roman discipline1 and the effect of the
 military engines on the unpractised    
minds of a barbarous people prevailed at
 length over the best resistance which  
could be made by rude numbers and mere  
bravery4 ,the place where the ,romans   
first entered this island was somewhere 
near ,deal1 and the time fifty-five     
years before the birth of ,christ4  ,the
 ,britons1 who defended their country   
with so much resolution in the          
engagement1 immediately after it lost   
all their spirit4 ,they had laid no     
regular plan1 for their defence4 ,upon  
their first failure they seamed to have 
no resources left4 ,on the slightest    
loss they betook themselves to treaty   

and submission2 upon the least          
appearance in their favor they were as  
ready to resume their arms1 without any 
regard to their former engagements3 a   
conduct which demonstrates that our     
,british ancestors had no regular polity
 with a standing coercive power4 ,the   
ambassadors which they sent to ,csar    
laid all the blame of a war carried on  
by great armies upon the rashness of    
their young men1 and they declared that 
the ruling people had no share in these 
hostilities4 ,this is exactly the excuse
 which the savages of ,america1 who have
 no regular government1 make at this day
 upon the like occasions2 but it would  
be a strange apology from one of the    
modern states of ,europe that had       
employed armies against another4 ,csar  
reprimanded them for the inconstancy of 
their behavior1 and ordered them to     
bring hostages to secure their fidelity1
 together with provisions for his army4 
,but whilst the ,britons were engaged in
 the treaty1 and on that account had    

free access to the ,roman camp1 they    
easily observed that the army of the    
invaders was neither numerous nor well  
provided2 and having about the same time
 received intelligence that the ,roman  
fleet had suffered in a storm1 they     
again changed their measures1 and came  
to a resolution of renewing the war4    
,some prosperous actions against the    
,roman foraging parties inspired them   
with great confidence4 ,they were       
betrayed by their success into a general
 action in the open field4 ,here the    
disciplined troops obtained an easy and 
complete victory2 and the ,britons were 
taught the error of their conduct at the
 expense of a terrible slaughter4       
,twice defeated1 they had recourse once 
more to submission4 ,csar1 who found the
 winter approaching1 provisions scarce1 
and his fleet not fit to contend with   
that rough and tempestuous sea in a     
winter voyage1 hearkened to their       
proposals1 exacting double the number of
 the former hostages4 ,he then set sail 

with his whole army4  ,in this first    
expedition into ,britain1 ,csar did not 
make1 nor indeed could he expect1 any   
considerable advantage4 ,he acquired a  
knowledge of the sea-coast1 and of the  
country contiguous to it2 and he became 
acquainted with the force1 the manner of
 fighting1 and the military character of
 the people4 ,to compass these purposes 
he did not think a part of the summer   
ill-bestowed4 ,but early in the next he 
prepared to make a more effective use of
 the experience he had gained4 ,he      
embarked again at the same port1 but    
with a more numerous army4 ,the         
,britons1 on their part1 had prepared   
more regularly for their defence in this
 than the former year4 ,several of those
 states which were nearest and most     
exposed to the danger had1 during       
,csar's absence1 combined for their     
common safety1 and chosen ,cassibelan1 a
 chief of power and reputation1 for the 
leader of their union4 ,they seemed     
resolved to dispute the landing of the  

,romans with their former intrepidity4  
,but when they beheld the sea covered1  
as far as the eye could reach1 with the 
multitude of the enemy's ships1 7for    
they were eight hundred sail17 they     
despaired of defending the coast1 they  
retired into the woods' and fastnesses1 
and ,csar landed his army without       
opposition4  ,the ,britons now saw the  
necessity of altering their former      
method of war4 ,they no longer1         
therefore1 opposed the ,romans in the   
open field2 they formed frequent        
ambuscades2 they divided themselves into
 light flying parties1 and continually  
harassed the enemy on his march4 ,this  
plan1 though in their circumstances the 
most judicious1 was attended with no    
great success4 ,csar forced some of     
their strongest intrenchments1 and then 
carried the war directly into the       
territories of ,cassibelan4  ,the only  
fordable passage which he could find    
over the ,thames was defended by a row  
of palisadoes which lined the opposite  

bank2 another row of sharpened stakes   
stood under water along the middle of   
the stream4 ,some remains of these works
 long subsisted1 and were to be         
discerned in the river#f down almost to 
the present times4 ,the ,britons had    
made the best of the situation2 but the 
,romans plunged into the water1 tore    
away the stakes and palisadoes1 and     
obtained a complete victory4 ,the       
capital1 or rather chief fastness1 of   
,cassibelan was then taken1 with a      
number of cattle1 the wealth of this    
barbarous city4 ,after these misfortunes
 the ,britons were no longer in a       
condition to act with effect4 ,their    
ill-success in the field soon dissolved 
the ill-cemented union of their         
councils4 ,they split into factions1 and
 some of them chose the common enemy for
 their protector1 insomuch that1 after  
some feeble and desultory efforts1 most 
of the tribes to the southward of the   
,thames submitted themselves to the     
conqueror4 ,cassibelan1 worsted in so   

many encounters1 and deserted by his    
allies1 was driven at length to sue for 
peace4 ,a tribute was imposed2 and as   
the summer began to wear away1 ,csar1   
having finished the war to his          
satisfaction1 embarked for ,gaul4  ,the 
whole of ,csar's conduct in these two   
campaigns sufficiently demonstrates that
 he had no intention of making an       
absolute conquest of any part of        
,britain4 ,is it to be believed1 that1  
if he had formed such a design1 he would
 have left ,britain without an army1    
without a legion1 without a single      
cohort1 to secure his conquest1 and that
 he should sit down contented with an   
empty glory and the tribute of an       
indigent people1 without any proper     
means of securing a continuance of that 
small acquisition8 ,this is not         
credible4 ,but his conduct here1 as well
 as in ,germany1 discovers his purpose  
in both expeditions3 for by them he     
confirmed the ,roman dominion in ,gaul1 
he gained time to mature his designs1   

and he afforded his party in ,rome an   
opportunity of promoting his interest   
and exaggerating his exploits1 which    
they did in such a manner as to draw    
from the ,senate a decree for a very    
remarkable acknowledgment of his        
services in a supplication or           
thanksgiving of twenty days4 ,this      
attempt1 not being pursued1 stands      
single1 and has little or no connection 
with the subsequent events4  ,therefore 
,i shall in this place1 where the       
narrative will be the least broken1     
insert from the best authorities which  
are left1 and the best conjectures which
 in so obscure a matter ,i am able to   
form1 some account of the first peopling
 of this island1 the manners of its     
inhabitants1 their art of war1 their    
religious and civil discipline4 ,these  
are matters not only worthy of attention
 as containing a very remarkable piece  
of antiquity1 but as not wholly         
unnecessary towards comprehending the   
great change made in all these points1  

when the ,roman conquest came afterwards
 to be completed4  ,,footnotes3  #e     
,some think this port to be ,witsand1   
others ,boulogne4  #f ,coway ,stakes1   
near ,kingston-on-,thames4     ,,chapter
 ,,ii4  ,,some ,,account ,,of ,,the     
,,ancient ,,inhabitants ,,of ,,britain4 
,that ,britain was first peopled from   
,gaul we are assured by the best        
proofs1--proximity of situation1 and    
resemblance in language and manners4 ,of
 the time in which this event happened  
we must be contented to remain in       
ignorance1 for we have no monuments4    
,but we may conclude that it was a very 
ancient settlement1 since the           
,carthaginians found this island        
inhabited when they traded hither for   
tin1--as the ,phnicians1 whose tracks   
they followed in this commerce1 are said
 to have done long before them4 ,it is  
true1 that1 when we consider the short  
interval between the universal deluge   
and that period1 and compare it with the
 first settlement of men at such a      

distance from this corner of the world1 
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 mankind1--especially as 
in those early ages the whole face of   
,nature was extremely rude and          
uncultivated1 when the links of         
commerce1 even in the countries first   
settled1 were few and weak1 navigation  
imperfect1 geography unknown1 and the   
hardships of travelling excessive4 ,but 
the spirit of migration1 of which we    
have now only some faint ideas1 was then
 strong and universal1 and it fully     
compensated all these disadvantages4    
,many writers1 indeed1 imagine that     
these migrations1 so common in the      
primitive times1 were caused by the     
prodigious increase of people beyond    
what their several territories could    
maintain4 ,but this opinion1 far from   
being supported1 is rather contradicted 
by the general appearance of things in  
that early time1 when in every country  

vast tracts of land were suffered to lie
 almost useless in morasses and forests4
 ,nor is it1 indeed1 more countenanced  
by the ancient modes of life1 no way    
favorable to population4 ,i apprehend   
that these first settled countries1 so  
far from being overstocked with         
inhabitants1 were rather thinly peopled1
 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 nations4 ,for in these ages  
men subsisted chiefly by pasturage or   
hunting4 ,these are occupations which   
spread the people without multiplying   
them in proportion2 they teach them an  
extensive knowledge of the country2 they
 carry them frequently and far from     
their homes1 and weaken those ties which
 might attach them to any particular    
habitation4  ,it was in a great degree  
from this manner of life that mankind   
became scattered in the earliest times  
over the whole globe4 ,but their        

peaceful occupations did not contribute 
so much to that end as their wars1 which
 were not the less frequent and violent 
because the people were few1 and the    
interests for which they contended of   
but small importance4 ,ancient history  
has furnished us with many instances of 
whole nations1 expelled by invasion1    
falling in upon others1 which they have 
entirely overwhelmed1--more irresistible
 in their defeat and ruin than in their 
fullest prosperity4 ,the rights of war  
were then exercised with great          
inhumanity4 ,a cruel death1 or a        
servitude scarcely less cruel1 was the  
certain fate of all conquered people2   
the terror of which hurried men from    
habitations to which they were but      
little attached1 to seek security and   
repose under any climate that1 however  
in other respects undesirable1 might    
afford them refuge from the fury of     
their enemies4 ,thus the bleak and      
barren regions of the ,north1 not being 
peopled by choice1 were peopled as      

early1 in all probability1 as many of   
the milder and more inviting climates of
 the ,southern world2 and thus1 by a    
wonderful disposition of the ,divine    
,providence1 a life of hunting1 which   
does not contribute to increase1 and    
war1 which is the great instrument in   
the destruction of men1 were the two    
principal causes of their being spread  
so early and so universally over the    
whole earth4 ,from what is very commonly
 known of the state of ,north ,america1 
it need not be said how often and to    
what distance several of the nations on 
that continent are used to migrate1 who1
 though thinly scattered1 occupy an     
immense extent of country4 ,nor are the 
causes of it less obvious1--their       
hunting life1 and their inhuman wars4   
,such migrations1 sometimes by choice1  
more frequently from necessity1 were    
common in the ancient world4 ,frequent  
necessities introduced a fashion which  
subsisted after the original causes4    
,for how could it happen1 but from some 

universally established public          
prejudice1 which always overrules and   
stifles the private sense of men1 that a
 whole nation should deliberately think 
it a wise measure to quit their country 
in a body1 that they might obtain in a  
foreign land a settlement which must    
wholly depend upon the chance of war8   
,yet this resolution was taken and      
actually pursued by the entire nation of
 the ,helvetii1 as it is minutely       
related by ,csar4 ,the method of        
reasoning which led them to it must     
appear to us at this day utterly        
inconceivable4 ,they were far from being
 compelled to this extraordinary        
migration by any want of subsistence at 
home2 for it appears that they raised1  
without difficulty1 as much corn in one 
year as supported them for two2 they    
could not complain of the barrenness of 
such a soil4  ,this spirit of migration1
 which grew out of the ancient manners  
and necessities1 and sometimes operated 
like a blind instinct1 such as actuates 

birds of passage1 is very sufficient to 
account for the early habitation of the 
remotest parts of the earth1 and in some
 sort also justifies that claim which   
has been so fondly made by almost all   
nations to great antiquity4  ,gaul1 from
 whence ,britain was originally peopled1
 consisted of three nations3 the ,belg1 
towards the north2 the ,celt1 in the    
middle countries2 and the ,aquitani1 to 
the south4 ,britain appears to have     
received its people only from the two   
former4 ,from the ,celt were derived the
 most ancient tribes of the ,britons1 of
 which the most considerable were called
 ,brigantes4 ,the ,belg1 who did not    
even settle in ,gaul until after        
,britain had been peopled by colonies   
from the former1 forcibly drove the     
,brigantes into the inland countries1   
and possessed the greatest part of the  
coast1 especially to the south and west4
 ,these latter1 as they entered the     
island in a more improved age1 brought  
with them the knowledge and practice of 

agriculture1 which1 however1 only       
prevailed in their own countries4 ,the  
,brigantes still continued their ancient
 way of life by pasturage and hunting4  
,in this respect alone they differed3 so
 that what we shall say1 in treating of 
their manners1 is equally applicable to 
both4 ,and though the ,britons were     
further divided into an innumerable     
multitude of lesser tribes and nations1 
yet all being the branches of these two 
stocks1 it is not to our purpose to     
consider them more minutely4  ,britain  
was in the time of ,julius ,csar what it
 is at this day1 in climate and natural 
advantages1 temperate and reasonably    
fertile4 ,but destitute of all those    
improvements which in a succession of   
ages it has received from ingenuity1    
from commerce1 from riches and luxury1  
it then wore a very rough and savage    
appearance4 ,the country1 forest or     
marsh2 the habitations1 cottages2 the   
cities1 hiding-places in woods2 the     
people naked1 or only covered with      

skins2 their sole employment1 pasturage 
and hunting4 ,they painted their bodies 
for ornament or terror1 by a custom     
general amongst all savage nations1 who1
 being passionately fond of show and    
finery1 and having no object but their  
naked bodies on which to exercise this  
disposition1 have in all times painted  
or cut their skins1 according to their  
ideas of ornament4 ,they shaved the     
beard on the chin2 that on the upper lip
 was suffered to remain1 and grow to an 
extraordinary length1 to favor the      
martial appearance1 in which they placed
 their glory4 ,they were in their       
natural temper not unlike the ,gauls1   
impatient1 fiery1 inconstant1           
ostentatious1 boastful1 fond of         
novelty1--and like all barbarians1      
fierce1 treacherous1 and cruel4 ,their  
arms were short javelins1 small shields 
of a slight texture1 and great cutting  
swords with a blunt point1 after the    
,gaulish fashion4  ,their chiefs went to
 battle in chariots1 not unartfully     

contrived nor unskilfully managed4 ,i   
cannot help thinking it something       
extraordinary1 and not easily to be     
accounted for1 that the ,britons should 
have been so expert in the fabric of    
those chariots1 when they seem utterly  
ignorant in all other mechanic arts3 but
 thus it is delivered to us4 ,they had  
also horse1 though of no great          
reputation1 in their armies4 ,their foot
 was without heavy armor2 it was no firm
 body1 nor instructed to preserve their 
ranks1 to make their evolutions1 or to  
obey their commanders2 but in tolerating
 hardships1 in dexterity of forming     
ambuscades1 7the art military of        
savages17 they are said to have         
excelled4 ,a natural ferocity and an    
impetuous onset stood them in the place 
of discipline4  ,it is very difficult1  
at this distance of time1 and with so   
little information1 to discern clearly  
what sort of civil government prevailed 
among the ancient ,britons4 ,in all very
 uncultivated countries1 as society is  

not close nor intricate1 nor property   
very valuable1 liberty subsists with few
 restraints4 ,the natural equality of   
mankind appears and is asserted1 and    
therefore there are but obscure lines of
 any form of government4 ,in every      
society of this sort the natural        
connections are the same as in others1  
though the political ties are weak4     
,among such barbarians1 therefore1      
though there is little authority in the 
magistrate1 there is often great power  
lodged1 or rather left1 in the father3  
for1 as among the ,gauls1 so among the  
,britons1 he had the power of life and  
death in his own family1 over his       
children and his servants4  ,but among  
freemen and heads of families1 causes of
 all sorts seem to have been decided by 
the ,druids3 they summoned and dissolved
 all the public assemblies2 they alone  
had the power of capital punishments1   
and indeed seem to have had the sole    
execution and interpretation of whatever
 laws subsisted among this people4 ,in  

this respect the ,celtic nations did not
 greatly differ from others1 except that
 we view them in an earlier stage of    
society4 ,justice was in all countries  
originally administered by the          
priesthood3 nor1 indeed1 could laws in  
their first feeble state have either    
authority or sanction1 so as to compel  
men to relinquish their natural         
independence1 had they not appeared to  
come down to them enforced by beings of 
more than human power4 ,the first       
openings of civility have been          
everywhere made by religion4 ,amongst   
the ,romans1 the custody and            
interpretation of the laws continued    
solely in the college of the pontiffs   
for above a century4#g  ,the time in    
which the ,druid priesthood was         
instituted is unknown4 ,it probably     
rose1 like other institutions of that   
kind1 from low and obscure beginnings1  
and acquired from time1 and the labors  
of able men1 a form by which it extended
 itself so far1 and attained at length  

so mighty an influence over the minds of
 a fierce and otherwise ungovernable    
people4 ,of the place where it arose    
there is somewhat less doubt3 ,csar     
mentions it as the common opinion that  
this institution began in ,britain1 that
 there it always remained in the highest
 perfection1 and that from thence it    
diffused itself into ,gaul4 ,i own ,i   
find it not easy to assign any tolerable
 cause why an order of so much authority
 and a discipline so exact should have  
passed from the more barbarous people to
 the more civilized1 from the younger to
 the older1 from the colony to the      
mother country3 but it is not wonderful 
that the early extinction of this order1
 and that general contempt in which the 
,romans held all the barbarous nations1 
should have left these matters obscure  
and full of difficulty4  ,the ,druids   
were kept entirely distinct from the    
body of the people2 and they were       
exempted from all the inferior and      
burdensome offices of society1 that they

 might be at leisure to attend the      
important duties of their own charge4   
,they were chosen out of the best       
families1 and from the young men of the 
most promising talents3 a regulation    
which placed and preserved them in a    
respectable light with the world4 ,none 
were admitted into this order but after 
a long and laborious novitiate1 which   
made the character venerable in their   
own eyes by the time and difficulty of  
attaining it4 ,they were much devoted to
 solitude1 and thereby acquired that    
abstracted and thoughtful air which is  
so imposing upon the vulgar2 and when   
they appeared in public1 it was seldom1 
and only on some great occasion1--in the
 sacrifices of the gods1 or on the seat 
of judgment4 ,they prescribed medicine2 
they formed the youth2 they paid the    
last honors to the dead2 they foretold  
events2 they exercised themselves in    
magic4 ,they were at once the priests1  
lawgivers1 and physicians of their      
nation1 and consequently concentred in  

themselves all that respect that men    
have diffusively for those who heal     
their diseases1 protect their property1 
or reconcile them to the ,divinity4     
,what contributed not a little to the   
stability and power of this order was   
the extent of its foundation1 and the   
regularity and proportion of its        
structure4 ,it took in both sexes2 and  
the female ,druids were in no less      
esteem for their knowledge and sanctity 
than the males4 ,it was divided into    
several subordinate ranks and classes2  
and they all depended upon a chief or   
,arch-,druid1 who was elected to his    
place with great authority and          
preeminence for life4 ,they were further
 armed with a power of interdicting from
 their sacrifices1 or excommunicating1  
any obnoxious persons4 ,this            
interdiction1 so similar to that used by
 the ancient ,athenians1 and to that    
since practised among ,christians1 was  
followed by an exclusion from all the   
benefits of civil community2 and it was 

accordingly the most dreaded of all     
punishments4 ,this ample authority was  
in general usefully exerted2 by the     
interposition of the ,druids differences
 were composed1 and wars ended2 and the 
minds of the fierce ,northern people1   
being reconciled to each other under the
 influence of religion1 united with     
signal effect against their common      
enemies4  ,there was a class of the     
,druids whom they called ,bards1 who    
delivered in songs 7their only history7 
the exploits of their heroes1 and who   
composed those verses which contained   
the secrets of ,druidical discipline1   
their principles of natural and moral   
philosophy1 their astronomy1 and the    
mystical rites of their religion4 ,these
 verses in all probability bore a near  
resemblance to the ,golden ,verses of   
,pythagoras1--to those of ,phocylides1  
,orpheus1 and other remnants of the most
 ancient ,greek poets4 ,the ,druids1    
even in ,gaul1 where they were not      
altogether ignorant of the use of       

letters1 in order to preserve their     
knowledge in greater respect1 committed 
none of their precepts to writing4 ,the 
proficiency of their pupils was         
estimated principally by the number of  
technical verses which they retained in 
their memory3 a circumstance that shows 
this discipline rather calculated to    
preserve with accuracy a few plain      
maxims of traditionary science than to  
improve and extend it4 ,and this is not 
the sole circumstance which leads us to 
believe that among them learning had    
advanced no further than its infancy4   
,the scholars of the ,druids1 like those
 of ,pythagoras1 were carefully enjoined
 a long and religious silence3 for1 if  
barbarians come to acquire any          
knowledge1 it is rather by instruction  
than1 examination2 they must therefore  
be silent4 ,pythagoras1 in the rude     
times of ,greece1 required silence in   
his disciples2 but ,socrates1 in the    
meridian of the ,athenian refinement1   
spoke less than his scholars3 everything

 was disputed in the ,academy4  ,the    
,druids are said to be very expert in   
astronomy1 in geography1 and in all     
parts of mathematical knowledge2 and    
authors speak in a very exaggerated     
strain of their excellence in these1 and
 in many other sciences4 ,some elemental
 knowledge ,i suppose they had2 but ,i  
can scarcely be persuaded that their    
learning was either deep or extensive4  
,in all countries where ,druidism was   
professed1 the youth1 were generally    
instructed by that order2 and yet was   
there little either in the manners of   
the people1 in their way of life1 or    
their works of art1 that demonstrates   
profound science or particularly        
mathematical skill4 ,britain1 where     
their discipline was in its highest     
perfection1 and which was therefore     
resorted to by the people of ,gaul as an
 oracle in ,druidical questions1 was    
more barbarous in all other respects    
than ,gaul itself1 or than any other    
country then known in ,europe4 ,those   

piles of rude magnificence1 ,stonehenge 
and ,abury1 are in vain produced in     
proof of their mathematical abilities4  
,these vast structures have nothing     
which can be admired1 but the greatness 
of the work2 and they are not the only  
instances of the great things which the 
mere labor of many hands united1 and    
persevering in their purpose1 may       
accomplish with very little help from   
mechanics4 ,this may be evinced by the  
immense buildings and the low state of  
the sciences among the original         
,peruvians4  ,the ,druids were eminent  
above all the philosophic lawgivers of  
antiquity for their care in impressing  
the doctrine of the soul's immortality  
on the minds of their people1 as an     
operative and leading principle4 ,this  
doctrine was inculcated on the scheme of
 ,transmigration1 which some imagine    
them to have derived from ,pythagoras4  
,but it is by no means necessary to     
resort to any particular teacher for an 
opinion which owes its birth to the weak

 struggles of unenlightened reason1 and 
to mistakes natural to the human mind4  
,the idea of the soul's immortality is  
indeed ancient1 universal1 and in a     
manner inherent in our nature2 but it is
 not easy for a rude people to conceive 
any other mode of existence than one    
similar to what they had experienced in 
life1 nor any other world as the scene  
of such an existence but this we        
inhabit1 beyond the bounds of which the 
mind extends itself with great          
difficulty4 ,admiration1 indeed1 was    
able to exalt to heaven a few selected  
heroes3 it did not seem absurd that     
those who in their mortal state had     
distinguished themselves as superior and
 overruling spirits should after death  
ascend to that sphere which influences  
and governs everything below1 or that   
the proper abode of beings at once so   
illustrious and permanent should be in  
that part of ,nature in which they had  
always observed the greatest splendor   
and the least mutation4 ,but on ordinary

 occasions it was natural some should   
imagine that the dead retired into a    
remote country1 separated from the      
living by seas or mountains4 ,it was    
natural that some should follow their   
imagination with a simplicity still     
purer1 and pursue the souls of men no   
further than the sepulchres in which    
their bodies had been deposited2#h      
whilst others of deeper penetration1    
observing that bodies worn out by age or
 destroyed by accident still afforded   
the materials for generating new ones1  
concluded likewise that a soul being    
dislodged did not wholly perish1 but was
 destined1 by a similar revolution in   
,nature1 to act again1 and to animate   
some other body4 ,this last principle   
gave rise to the doctrine of            
,transmigration3 but we must not presume
 of course1 that1 where it prevailed1 it
 necessarily excluded the other         
opinions2 for it is not remote from the 
usual procedure of the human mind1      
blending in obscure matters imagination 

and reasoning together1 to unite ideas  
the most inconsistent4 ,when ,homer     
represents the ghosts of his heroes     
appearing at the sacrifices of ,ulysses1
 he supposes them endued with life1     
sensation1 and a capacity of moving2 but
 he has joined to these powers of living
 existence uncomeliness1 want of        
strength1 want of distinction1 the      
characteristics of a dead carcass4 ,this
 is what the mind is apt to do3 it is   
very apt to confound the ideas of the   
surviving soul and the dead body4 ,the  
vulgar have always and still do confound
 these very irreconcilable ideas4 ,they 
lay the scene of apparitions in         
churchyards2 they habit the ghost in a  
shroud2 and it appears in all the       
ghastly paleness of a corpse4 ,a        
contradiction of this kind has given    
rise to a doubt whether the ,druids did 
in reality hold the doctrine of         
,transmigration4 ,there is positive     
testimony that they did hold it2 there  
is also testimony as positive that they 

buried or burned with the dead utensils1
 arms1 slaves1 and whatever might be    
judged useful to them1 as if they were  
to be removed into a separate state4    
,they might have held both these        
opinions2 and we ought not to be        
surprised to find error inconsistent4   
,the objects of the ,druid worship were 
many4 ,in this respect they did not     
differ from other heathens3 but it must 
be owned that in general their ideas of 
divine matters were more exalted than   
those of the ,greeks and ,romans1 and   
that they did not fall into an idolatry 
so coarse and vulgar4 ,that their gods  
should be represented under a human form
 they thought derogatory to beings      
uncreated and imperishable4 ,to confine 
what can endure no limits within walls  
and roofs they judged absurd and        
impious4 ,in these particulars there was
 something refined and suitable enough  
to a just idea of the ,divinity4 ,but   
the rest was not equal4 ,some notions   
they had1 like the greatest part of     

mankind1 of a ,being eternal and        
infinite2 but they also1 like the       
greatest part of mankind1 paid their    
worship to inferior objects1 from the   
nature of ignorance and superstition    
always tending downwards4  ,the first   
and chief objects of their worship were 
the elements1--and of the elements1     
fire1 as the most pure1 active1         
penetrating1 and what gives life and    
energy to all the rest4 ,among fires1   
the preference was given to the sun1 as 
the most glorious visible being1 and the
 fountain of all life4 ,next they       
venerated the moon and the planets4     
,after fire1 water was held in          
reverence4 ,this1 when pure1 and        
ritually prepared1 was supposed to wash 
away all sins1 and to qualify the priest
 to approach the altar of the gods with 
more acceptable prayers3 washing with   
water being a type natural enough of    
inward cleansing and purity of mind4    
,they also worshipped fountains and     
lakes and rivers4  ,oaks were regarded  

by this sect with a particular          
veneration1 as1 by their greatness1     
their shade1 their stability1 and       
duration1 not ill representing the      
perfections of the ,deity4 ,from the    
great reverence in which they held this 
tree1 it is thought their name of       
,druids is derived3 the word ,deru1 in  
the ,celtic language1 signifying an oak4
 ,but their reverence was not wholly    
confined to this tree4 ,all forests were
 held sacred2 and many particular plants
 were respected1 as endued with a       
particular holiness4 ,no plant was more 
revered than the mistletoe1 especially  
if it grew on the oak1--not only because
 it is rarely found upon that tree1 but 
because the oak was among the ,druids   
peculiarly sacred4 ,towards the end of  
the year they searched for this plant1  
and when it was found great rejoicing   
ensued2 it was approached with1         
reverence2 it was cut with a golden     
hook2 it was not suffered to fall to the
 ground1 but received with great care   

and solemnity upon a white garment4  ,in
 ancient times1 and in all countries1   
the profession of physic was annexed to 
the priesthood4 ,men imagined that all  
their diseases were inflicted by the    
immediate displeasure of the ,deity1 and
 therefore concluded that the remedy    
would most probably proceed from those  
who were particularly employed in his   
service4 ,whatever1 for the same reason1
 was found of efficacy to avert or cure 
distempers was considered as partaking  
somewhat of the ,divinity4 ,medicine was
 always joined with magic3 no remedy was
 administered without mysterious        
ceremony and incantation4 ,the use of   
plants and herbs1 both in medicinal and 
magical practices1 was early and        
general4 ,the mistletoe1 pointed out by 
its very peculiar appearance and manner 
of growth1 must have struck powerfully  
on the imaginations of a superstitious  
people4 ,its virtues may have been soon 
discovered4 ,it has been fully proved1  
against the opinion of ,celsus1 that    

internal remedies were of very early    
use4#i ,yet if it had not1 the practice 
of the present savage nations supports  
the probability of that opinion4 ,by    
some modern authors the mistletoe is    
said to be of signal service in the cure
 of certain convulsive distempers1      
which1 by their suddenness1 their       
violence1 and their unaccountable       
symptoms1 have been ever considered as  
supernatural4 ,the epilepsy was by the  
,romans for that reason called morbus   
sacer2 and all other nations have       
regarded it in the same light4 ,the     
,druids also looked upon vervain1 and   
some other plants1 as holy1 and probably
 for a similar reason4  ,the other      
objects of the ,druid worship were      
chiefly serpents1 in the animal world1  
and rude heaps of stone1 or great       
pillars without polish or sculpture1 in 
the inanimate4 ,the serpent1 by his     
dangerous qualities1 is not ill adapted 
to inspire terror1--by his annual       
renewals1 to raise admiration1--by his  

make1 easily susceptible of many        
figures1 to serve for a variety of      
symbols1--and by all1 to be an object of
 religious observance3 accordingly1 no  
object of idolatry has been more        
universal4#aj ,and this is so natural1  
that serpent-veneration seems to be     
rising again1 even in the bosom of      
,mahometanism4#aa  ,the great stones1 it
 has been supposed1 were originally     
monuments of illustrious men1 or the    
memorials of considerable actions1--or  
they were landmarks for deciding the    
bounds of fixed property4 ,in time the  
memory of the persons or facts which    
these stones were erected to perpetuate 
wore away2 but the reverence which      
custom1 and probably certain periodical 
ceremonies1 had preserved for those     
places was not so soon obliterated4 ,the
 monuments themselves then came to be   
venerated1--and not the less because the
 reason for venerating them was no      
longer known4 ,the landmark was in those
 times held sacred on account of its    

great uses1 and easily passed into an   
object of worship4 ,hence the god       
,terminus amongst the ,romans4 ,this    
religious observance towards rude stones
 is one of the most ancient and         
universal of all customs4 ,traces of it 
are to be found in almost all1 and      
especially in these ,northern nations2  
and to this day1 in ,lapland1 where     
heathenism is not yet entirely          
extirpated1 their chief divinity1 which 
they call ,storjunkare1 is nothing more 
than a rude stone4#ab  ,some writers    
among the moderns1 because the ,druids  
ordinarily made no use of images in     
their worship1 have given into an       
opinion that their religion was founded 
on the unity of the ,godhead4 ,but this 
is no just consequence4 ,the            
spirituality of the idea1 admitting     
their idea to have been spiritual1 does 
not infer the unity of the object4 ,all 
the ancient authors who speak of this   
order agree1 that1 besides those great  
and more distinguishing objects of their

 worship already mentioned they had gods
 answerable to those adored by the      
,romans4 ,and we know that the ,northern
 nations1 who overran the ,roman        
,empire1 had in fact a great plurality  
of gods1 whose attributes1 though not   
their names1 bore a close analogy to the
 idols of the ,southern world4  ,the    
,druids performed the highest act of    
religion by sacrifice1 agreeably to the 
custom of all other nations4 ,they not  
only offered up beasts1 but even human  
victims3 a barbarity almost universal in
 the heathen world1 but exercised more  
uniformly1 and with circumstances of    
peculiar cruelty1 amongst those nations 
where the religion of the ,druids       
prevailed4 ,they held that the life of a
 man was the only atonement for the life
 of a man4 ,they frequently inclosed a  
number of wretches1 some captives1 some 
criminals1 and1 when these were wanting1
 even innocent victims1 in a gigantic   
statue of wicker-work1 to which they set
 fire1 and invoked their deities amidst 

the horrid cries and shrieks of the     
sufferers1 and the shouts of those who  
assisted at this tremendous rite4       
,there were none among the ancients more
 eminent for all the arts of divination 
than the ,druids4 ,many of the          
superstitious practices in use to this  
day among the country people for        
discovering their future fortune seem to
 be remains of ,druidism4 ,futurity is  
the great concern of mankind4 ,whilst   
the wise and learned look back upon     
experience and history1 and reason from 
things past about events to come1 it is 
natural for the rude and ignorant1 who  
have the same desires without the same  
reasonable means of satisfaction1 to    
inquire into the secrets of futurity1   
and to govern their conduct by omens1   
dreams1 and prodigies4 ,the ,druids1 as 
well as the ,etruscan and ,roman        
priesthood1 attended with diligence the 
flight of birds1 the pecking of         
chickens1 and the entrails of their     
animal sacrifices4 ,it was obvious that 

no contemptible prognostics of the      
weather were to be taken from certain   
motions and appearances in birds and    
beasts4#ac ,a people who lived mostly in
 the open air must have been well       
skilled in these observations4 ,and as  
changes in the weather influenced much  
the fortune of their huntings or their  
harvests1 which were all their fortunes1
 it was easy to apply the same          
prognostics to every event by a         
transition very natural and common2 and 
thus probably arose the science of      
auspices1 which formerly guided the     
deliberations of councils and the       
motions of armies1 though now they only 
serve1 and scarcely serve1 to amuse the 
vulgar4  ,the ,druid temple is          
represented to have been nothing more   
than a consecrated wood4 ,the ancients  
speak of no other4 ,but monuments remain
 which show that the ,druids were not in
 this respect wholly confined to groves4
 ,they had also a species of building   
which in all probability was destined to

 religious use4 ,this sort of structure 
was1 indeed1 without walls or roof4 ,it 
was a colonnade1 generally circular1 of 
huge1 rude stones1 sometimes single1    
sometimes double1 sometimes with1 often 
without1 an architrave4 ,these open     
temples were not in all respects        
peculiar to the ,northern nations4      
,those of the ,greeks1 which were       
dedicated to the celestial gods1 ought  
in strictness to have had no roof1 and  
were thence called hypthra4#ad  ,many of
 these monuments remain in the ,british 
islands1 curious for their antiquity1 or
 astonishing for the greatness of the   
work3 enormous masses of rock1 so poised
 as to be set in motion with the        
slightest touch1 yet not to be pushed   
from their place by a very great power2 
vast altars1 peculiar and mystical in   
their structure1 thrones1 basins1 heaps 
or cairns2 and a variety of other works1
 displaying a wild industry1 and a      
strange mixture of ingenuity and        
rudeness4 ,but they are all worthy of   

attention1--not only as such monuments  
often clear up the darkness and supply  
the defects of history1 but as they lay 
open a noble field of speculation for   
those who study the changes which have  
happened in the manners1 opinions1 and  
sciences of men1 and who think them as  
worthy of regard as the fortune of wars 
and the revolutions of kingdoms4  ,the  
short account which ,i have here given  
does not contain the whole of what is   
handed down to us by ancient writers1 or
 discovered by modern research1         
concerning this remarkable order4 ,but  
,i have selected those which appear to  
me the most striking features1 and such 
as throw the strongest light on the     
genius and true character of the        
,druidical institution4 ,in some        
respects it was undoubtedly very        
singular2 it stood out more from the    
body of the people than the priesthood  
of other nations2 and their knowledge   
and policy appeared the more striking by
 being contrasted with the great        

simplicity and rudeness of the people   
over whom they presided4 ,but1          
notwithstanding some peculiar           
appearances and practices1 it is        
impossible not to perceive a great      
conformity between this and the ancient 
orders which have been established for  
the purposes of religion in almost all  
countries4 ,for1 to say nothing of the  
resemblance which many have traced      
between this and the ,jewish priesthood1
 the ,persian ,magi1 and the ,indian    
,brahmans1 it did not so greatly differ 
from the ,roman priesthood1 either in   
the original objects or in the general  
mode of worship1 or in the constitution 
of their hierarchy4 ,in the original    
institution neither of these nations had
 the use of images2 the rules of the    
,salian as well as ,druid discipline    
were delivered in verse2 both orders    
were under an elective head2 and both   
were for a long time the lawyers of     
their country4 ,so that1 when the order 
of ,druids was suppressed by the        

,emperors1 it was rather from a dread of
 an influence incompatible with the     
,roman government than from any dislike 
of their religious opinions4            
,,footnotes3  #g ,digest4 ,lib4 ,i4     
,tit4 ii4 ,de ,origine et ,progressu    
,juris1  #f4  #h ,cic4 ,tusc4 ,quest4   
,lib4 ,i  #i ,see this point in the     
,divine ,legation of ,moses4  #aj    '  
--,justin ,martyr1 in ,stillingfleet's  
,origines ,sacr4  #aa ,norden's         
,travels4  #ab ,scheffer's ,lapland1 p4 
#ib1 the translation4  #ac ,cic4 de     
,divinatione1 ,lib4 ,i4  #ad ,decor4444 
perficitur statione14444 cum ,jovi      
,fulguri1 et ,clo1 et ,soli1 et ,lun    
dificia sub divo hypthraque             
constituentur4 ,horum enim deorum et    
species et effectus in aperto mundo     
atque lucenti prsentes                  
videmus4--,vitruv4 de ,architect4 p4 #f4
 de ,laet4 ,antwerp4     ,,chapter      
,,iii4  ,,the ,,reduction ,,of ,,britain
 ,,by ,,the ,,romans4   ,the death of   
,csar1 and the civil wars which ensued1 

afforded foreign nations some respite   
from the ,roman ambition4 ,augustus1    
having restored peace to mankind1 seems 
to have made it a settled maxim of his  
reign not to extend the ,empire4 ,he    
found himself at the head of a new      
monarchy2 and he was more solicitous to 
confirm it by the institutions of sound 
policy than to extend the bounds of its 
dominion4 ,in consequence of this plan  
,britain was neglected4  ,tiberius came 
a regular successor to an established   
government4 ,but his politics were      
dictated rather by his character than   
his situation4 ,he was a lawful prince1 
and he acted on the maxims of an        
usurper4 ,having made it a rule never to
 remove far from the capital1 and       
jealous of every reputation which seemed
 too great for the measure of a subject1
 he neither undertook any enterprise of 
moment in his own person nor cared to   
commit the conduct of it to another4    
,there was little in a ,british triumph 
that could affect a temper like that of 

,tiberius4  ,his successor1 ,caligula1  
was not influenced by this1 nor indeed  
by any regular system2 for1 having      
undertaken an expedition to ,britain    
without any determinate view1 he        
abandoned it on the point of execution  
without reason4 ,and adding ridicule to 
his disgrace1 his soldiers returned to  
,rome loaded with shells4 ,these spoils 
he displayed as the ornaments of a      
triumph which he celebrated over the    
,ocean1--if in all these particulars we 
may trust to the historians of that     
time1 who relate things almost          
incredible of the folly of their masters
 and the patience of the ,roman people4 
,but the ,roman people1 however         
degenerate1 still retained much of their
 martial spirit2 and as the ,emperors   
held their power almost entirely by the 
affection of the soldiery1 they found   
themselves often obliged to such        
enterprises as might prove them no      
improper heads of a military            
constitution4 ,an expedition to ,britain

 was well adapted to answer all the     
purposes of this ostentatious policy4   
,the country was remote and little      
known1 so that every exploit there1 as  
if achieved in another world1 appeared  
at ,rome with double pomp and lustre2   
whilst the sea1 which divided ,britain  
from the continent1 prevented a failure 
in that island from being followed by   
any consequences alarming to the body of
 the ,empire4 ,a pretext was not wanting
 to this war4 ,the maritime ,britons1   
while the terror of the ,roman arms     
remained fresh1 upon their minds1       
continued regularly to pay the tribute  
imposed by ,csar4 ,but the generation   
which experienced that war having passed
 away1 that which succeeded felt the    
burden1 but knew from rumor only the    
superiority which had imposed it2 and   
being very ignorant1 as of all things   
else1 so of the true extent of the      
,roman power1 they were not afraid to   
provoke it by discontinuing the payment 
of the tribute4  ,sidenote3 ,a4,d4 #dc  

,this gave occasion to the ,emperor     
,claudius1 ninety-seven years after the 
first expedition of ,csar1 to invade    
,britain in person1 and with a great    
army4 ,but he1 having rather surveyed   
than conducted the war1 left in a short 
time the management of it to his legate1
 ,plautius1 who subdued without much    
difficulty those countries which lay to 
the southward of the ,thames1 the best  
cultivated and most accessible parts of 
the island4 ,but the inhabitants of the 
rough inland countries1 the people      
called ,cattivellauni1 made a more      
strenuous opposition4 ,they were under  
the command of ,caractacus1 a chief of  
great and just renown amongst all the   
,british nations4 ,this leader wisely   
adjusted his conduct of the war to the  
circumstances of his savage subjects and
 his rude country4 ,plautius obtained no
 decisive advantages over him4 ,he      
opposed ,ostorius ,scapula1 who         
succeeded that general1 with the same   
bravery1 but with unequal success2 for  

he was1 after various turns of fortune1 
obliged to abandon his dominions1 which 
,ostorius at length subdued and         
disarmed4  ,this bulwark of the ,british
 freedom being overturned1 ,ostorius was
 not afraid to enlarge his plan4 ,not   
content with disarming the enemies of   
,rome1 he proceeded to the same         
extremities with those nations who had  
been always quiet1 and who1 under the   
name of an alliance1 lay ripening for   
subjection4 ,this fierce people1 who    
looked upon their arms as their only    
valuable possessions1 refused to submit 
to terms as severe as the most absolute 
conquest could impose4 ,they unanimously
 entered into a league against the      
,romans4 ,but their confederacy was     
either not sufficiently strong or       
fortunate to resist so able a commander1
 and only afforded him an opportunity1  
from a more comprehensive victory1 to   
extend the ,roman province a            
considerable way to the northern and    
western parts of the island4 ,the       

frontiers of this acquisition1 which    
extended along the rivers ,severn and   
,nen1 he secured by a chain of forts and
 stations2 the inland parts he quieted  
by the settlement of colonies of his    
veteran troops at ,maldon and ,verulam3 
and such was the beginning of those     
establishments which afterwards became  
so numerous in ,britain4 ,this commander
 was the first who traced in this island
 a plan of settlement and civil policy  
to concur with his military operations4 
,for1 after he had settled these        
colonies1 considering with what         
difficulty any and especially an        
uncivilized people are broke into       
submission to a foreign government1 he  
imposed it on some of the most powerful 
of the ,british nations in a more       
indirect manner4 ,he placed them under  
kings of their own race2 and whilst he  
paid this compliment to their pride1 he 
secured their obedience by the          
interested fidelity of a prince who     
knew1 that1 as he owed the beginning1 so

 he depended for the duration of his    
authority wholly upon their favor4 ,such
 was the dignity and extent of the      
,roman policy1 that they could number   
even royalty itself amongst their       
instruments of servitude4  ,ostorius did
 not confine himself within the         
boundaries of these rivers4 ,he observed
 that the ,silures1 inhabitants of      
,south ,wales1 one of the most martial  
tribes in ,britain1 were yet unhurt and 
almost untouched by the war4 ,he could  
expect to make no progress to the       
northward1 whilst an enemy of such      
importance hung upon his                
rear1--especially as they were now      
commanded by ,caractacus1 who preserved 
the spirit of a prince1 though he had   
lost his dominions1 and fled from nation
 to nation1 wherever he could find a    
banner erected against the ,romans4 ,his
 character obtained him reception and   
command4  ,sidenote3 ,a4,d4 #ea  ,though
 the ,silures1 thus headed1 did         
everything that became their martial    

reputation1 both in the choice and      
defence of their posts1 the ,romans1 by 
their discipline and the weight and     
excellence of their arms1 prevailed over
 the naked bravery of this gallant      
people1 and defeated them in a great    
battle4 ,caractacus was soon after      
betrayed into their hands1 and conveyed 
to ,rome4 ,the merit of the prisoner was
 the sole ornament of a triumph         
celebrated over an indigent people      
headed by a gallant chief4 ,the ,romans 
crowded eagerly to behold the man who1  
with inferior forces1 and in an obscure 
corner of the world1 had so many years  
stood up against the weight of their    
empire4  ,as the arts of adulation      
improved in proportion as the real      
grandeur of ,rome declined1 this        
advantage was compared to the greatest  
conquests in the most flourishing times 
of the ,republic3 and so far as regarded
 the personal merit of ,caractacus1 it  
could not be too highly rated4 ,being   
brought before the emperor1 he behaved  

with such manly fortitude1 and spoke of 
his former actions and his present      
condition with so much plain sense and  
unaffected dignity1 that he moved the   
compassion of the emperor1 who remitted 
much of that severity which the ,romans 
formerly exercised upon their captives4 
,rome was now a monarchy1 and that      
fierce republican spirit was abated     
which had neither feeling nor respect   
for the character of unfortunate        
sovereigns4  ,the ,silures were not     
reduced by the loss of ,caractacus1 and 
the great defeat they had suffered4     
,they resisted every measure of force or
 artifice that could be employed against
 them1 with the most generous obstinacy3
 a resolution in which they were        
confirmed by some imprudent words of the
 legate1 threatening to extirpate1 or1  
what appeared to them scarcely less     
dreadful1 to transplant their nation4   
,their natural bravery thus hardened    
into despair1 and inhabiting a country  
very difficult of access1 they presented

 an impenetrable barrier to the progress
 of that commander2 insomuch that1      
wasted with continual cares1 and with   
the mortification to find the end of his
 affairs so little answerable to the    
splendor of their beginning1 ,ostorius  
died of grief1 and left all things in   
confusion4  ,the legates who succeeded  
to his charge did little more for about 
sixty years than secure the frontiers of
 the ,roman province4 ,but in the       
beginning of ,nero's reign the command  
in ,britain was devolved on ,suetonius  
,paulinus1 a soldier of merit and       
experience1 who1 when he came to view   
the theatre of his future operations1   
and had well considered the nature of   
the country1 discerned evidently that   
the war must of necessity be protracted 
to a great length1 if he should be      
obliged to penetrate into every fastness
 to which the enemy retired1 and to     
combat their flying parties one by one4 
,he therefore resolved to make such a   
blow at the head as must of course      

disable all the inferior members4  ,the 
island then called ,mona1 now ,anglesey1
 at that time was the principal         
residence of the ,druids4 ,here their   
councils were held1 and their commands  
from hence were dispersed among all the 
,british nations4 ,paulinus proposed1 in
 reducing this their favorite and sacred
 seat1 to destroy1 or at least greatly  
to weaken1 the body of the ,druids1 and 
thereby to extinguish the great         
actuating principle of all the ,celtic  
people1 and that which was alone capable
 of communicating order and energy to   
their operations4  ,whilst the ,roman   
troops were passing that strait which   
divides this island from the continent  
of ,britain1 they halted on a           
sudden1--not checked by the resistance  
of the enemy1 but suspended by a        
spectacle of an unusual and altogether  
surprising nature4 ,on every side of the
 ,british army were seen bands of       
,druids in their most sacred habits     
surrounding the troops1 lifting their   

hands to heaven1 devoting to death their
 enemies1 and animating their disciples 
to religious frenzy by the uncouth      
ceremonies of a savage ritual1 and the  
horrid mysteries of a superstition      
familiar with blood4 ,the female ,druids
 also moved about in a troubled order1  
their hair dishevelled1 their garments  
torn1 torches in their hands1 and1 with 
an horror increased by the perverted    
softness of their sex1 howled out the   
same curses and incantations with       
greater clamor4#ae ,astonished at this  
sight1 the ,romans for some time neither
 advanced nor returned the darts of the 
enemy4 ,but at length1 rousing from     
their trance1 and animating each other  
with the shame of yielding to the       
impotence of female and fanatical fury1 
they found the resistance by no means   
proportioned to the horror and solemnity
 of the preparations4 ,these            
overstrained efforts had1 as frequently 
happens1 exhausted the spirits of the   
men1 and stifled that ardor they were   

intended to kindle4 ,the ,britons were  
defeated2 and ,paulinus1 pretending to  
detest the barbarity of their           
superstition1 in reality from the       
cruelty of his own nature1 and that he  
might cut off the occasion of future    
disturbances1 exercised the most        
unjustifiable severities on this        
unfortunate people4 ,he burned the      
,druids in their own fires2 and that no 
retreat might be afforded to that order1
 their consecrated woods were everywhere
 destroyed4 ,whilst he was occupied in  
this service1 a general rebellion broke 
out1 which his severity to the ,druids  
served rather to inflame than allay4    
,from the manners of the republic a     
custom had been ingrafted into the      
monarchy of ,rome altogether unsuitable 
to that mode of government4 ,in the time
 of the ,commonwealth1 those who lived  
in a dependent and cliental relation on 
the great men used frequently to show   
marks of their acknowledgment by        
considerable bequests at their death4   

,but when all the scattered powers of   
that state became united in the emperor1
 these legacies followed the general    
current1 and flowed in upon the common  
patron4 ,in the will of every           
considerable person he inherited with   
the children and relations1 and such    
devises formed no inconsiderable part of
 his revenue3 a monstrous practice1     
which let an absolute sovereign into all
 the private concerns of his subjects1  
and which1 by giving the prince a       
prospect of one day sharing in all the  
great estates1 whenever he was urged by 
avarice or necessity1 naturally pointed 
out a resource by an anticipation always
 in his power4 ,this practice extended  
into the provinces4 ,a king of the      
,iceni#af had devised a considerable    
part of his substance to the emperor4   
,but the ,roman procurator1 not         
satisfied with entering into his        
master's portion1 seized upon the       
rest1--and pursuing his injustice to the
 most horrible outrages1 publicly       

scourged ,boadicea1 queen to the        
deceased prince1 and violated his       
daughters4 ,these cruelties1 aggravated 
by the shame and scorn that attended    
them1--the general severity of the      
government1--the taxes1 7new to a       
barbarous people17 laid on without      
discretion1 extorted without mercy1 and1
 even when respited1 made utterly       
ruinous by exorbitant usury1--the       
farther mischiefs they had to dread1    
when more completely reduced1--all      
these1 with1 the absence of the legate  
and the army on a remote expedition1    
provoked all the tribes of the ,britons1
 provincials1 allies1 enemies1 to a     
general insurrection4 ,the command of   
this confederacy was conferred on       
,boadicea1 as the first in rank1 and    
resentment of injuries4 ,they began by  
cutting off a ,roman legion2 then they  
fell upon the colonies of ,camelodunum  
and ,verulam1 and with a barbarous fury 
butchered the ,romans and their         
adherents to the number of seventy      

thousand4  ,an end had been now put to  
the ,roman power in this island1 if     
,paulinus1 with unexampled vigor and    
prudence1 had not conducted his army    
through the midst of the enemy's country
 from ,anglesey to ,london4 ,there      
uniting the soldiers that remained      
dispersed in different garrisons1 he    
formed an army of ten thousand men1 and 
marched to attack the enemy in the      
height of their success and security4   
,the army of the ,britons is said to    
have amounted to two hundred and thirty 
thousand2 but it was ill composed1 and  
without choice or order1--women1 boys1  
old men1 priests1--full of presumption1 
tumult1 and confusion4 ,boadicea was at 
their head1--a woman of masculine       
spirit1 but precipitant1 and without any
 military knowledge4  ,the event was    
such as might have been expected4       
,paulinus1 having chosen a situation    
favorable to the smallness of his       
numbers1 and encouraged his troops not  
to dread a multitude whose weight was   

dangerous only to themselves1 piercing  
into the midst of that disorderly crowd1
 after a blind and furious resistance1  
obtained a complete victory4 ,eighty    
thousand ,britons fell in this battle4  
,sidenote3 ,a4,d4 #fa ,paulinus improved
 the terror this slaughter had produced 
by the unparalleled severities which he 
exercised4 ,this method would probably  
have succeeded to subdue1 but at the    
same time to depopulate the nation1 if  
such loud complaints had not been made  
at ,rome of the legate's cruelty as     
procured his recall4  ,three successive 
legates carried on the affairs of       
,britain during the latter part of      
,nero's reign1 and during the troubles  
occasioned by the disputed succession4  
,but they were all of an inactive       
character4 ,the victory obtained by     
,paulinus had disabled the ,britons from
 any new attempt4 ,content1 therefore1  
with recovering the ,roman province1    
these generals compounded1 as it were1  
with the enemy for the rest of the      

island4 ,they caressed the troops2 they 
indulged them in their licentiousness2  
and not being of a character to repress 
the seditions that continually arose1   
they submitted to preserve their ease   
and some shadow of authority by         
sacrificing the most material parts of  
it4 ,and thus they continued1 soldiers  
and commanders1 by a sort of compact1 in
 a common neglect of all duty on the    
frontiers of the ,empire1 in the face of
 a bold and incensed enemy4  ,sidenote3 
,a4,d4 #fi  ,sidenote3 ,a4,d4 #ga  ,but 
when ,vespasian arrived to the head of  
affairs1 he caused the vigor of his     
government to be felt in ,britain1 as he
 had done in all the other parts of the 
,empire4 ,he was not afraid to receive  
great services4 ,his legates1 ,cerealis 
and ,frontinus1 reduced the ,silures and
 ,brigantes1--one the most warlike1 the 
other the most numerous people in the   
island4 ,but its final reduction and    
perfect settlement were reserved for    
,julius ,agricola1 a man by whom1 it was

 a happiness for the ,britons to be     
conquered4 ,he was endued with all those
 bold and popular virtues which would   
have given him the first place in the   
times of the free ,republic2 and he     
joined to them all that reserve and     
moderation which enabled him to fill    
great offices with safety1 and made him 
a good subject under a jealous          
despotism4  ,sidenote3 ,a4,d4 #hd4      
,though the summer was almost spent when
 he arrived in ,britain1 knowing how    
much the vigor and success of the first 
stroke influences all subsequent        
measures1 he entered immediately into   
action4 ,after reducing some tribes1    
,mona became the principal object of his
 attention4 ,the cruel ravages of       
,paulinus had not entirely effaced the  
idea of sanctity which the ,britons by a
 long course of hereditary reverence had
 annexed to that island3 it became once 
more a place of consideration by the    
return of the ,druids4 ,here ,agricola  
observed a conduct very different from  

that of his predecessor1 ,paulinus3 the 
island1 when he had reduced it1 was     
treated with great lenity4 ,agricola was
 a man of humanity and virtue3 he pitied
 the condition and respected the        
prejudices of the conquered4 ,this      
behavior facilitated the progress of his
 arms1 insomuch that in less than two   
campaigns all the ,british nations      
comprehended in what we now call        
,england yielded themselves to the      
,roman government1 as soon as they found
 that peace was no longer to be         
considered as a dubious blessing4       
,agricola carefully secured the         
obedience of the conquered people by    
building forts and stations in the most 
important and commanding places4 ,having
 taken these precautions for securing   
his rear1 he advanced northwards1 and1  
penetrating into ,caledonia as far as   
the river ,tay1 he there built a        
prtentura1 or line of forts1 between the
 two friths1 which are in that place no 
more than twenty miles asunder4 ,the    

enemy1 says ,tacitus1 was removed as it 
were into another island4 ,and this line
 ,agricola seems to have destined as the
 boundary of the ,empire4 ,for though in
 the following year he carried his arms 
further1 and1 as it is thought1 to the  
foot of the ,grampian ,mountains1 and   
there defeated a confederate army of the
 ,caledonians1 headed by ,galgacus1 one 
of their most famous chiefs1 yet he     
built no fort to the northward of this  
line3 a measure which he never omitted1 
when he intended to preserve his        
conquests4 ,the expedition of that      
summer was probably designed only to    
disable the ,caledonians from attempting
 anything against this barrier4 ,but he 
left them their mountains1 their arms1  
and their liberty3 a policy1 perhaps1   
not altogether worthy of so able a      
commander4 ,he might the more easily    
have completed the conquest of the whole
 island by means of the fleet which he  
equipped to coperate with his land      
forces in that expedition4 ,this fleet  

sailed quite round ,britain1 which had  
not been before1 by any certain proof1  
known to be an island3 a                
circumnavigation1 in that immature state
 of naval skill1 of little less fame    
than a voyage round the globe in the    
present age4  ,in the interval between  
his campaigns ,agricola was employed in 
the great labors of peace4 ,he knew that
 the general must be perfected by the   
legislator1 and that the conquest is    
neither permanent nor honorable which is
 only an introduction to tyranny4 ,his  
first care was the regulation of his    
household1 which under former legates   
had been always full of faction and     
intrigue1 lay heavy on the province1 and
 was as difficult to govern4 ,he never  
suffered his private partialities to    
intrude into the conduct of public      
business1 nor in appointing to          
employments did he permit solicitation  
to supply the place of merit1 wisely    
sensible that a proper choice of        
officers is almost the whole of         

government4 ,he eased the tribute of the
 province1 not so much by reducing it in
 quantity as by cutting off all those   
vexatious practices which attended the  
levying of it1 far more grievous than   
the imposition itself4 ,every step in   
securing the subjection of the conquered
 country was attended with the utmost   
care in providing for its peace and     
internal order4 ,agricola reconciled the
 ,britons to the ,roman government by   
reconciling them to the ,roman manners4 
,he moulded that fierce nation by       
degrees to soft and social customs1     
leading them imperceptibly into a       
fondness for baths1 for gardens1 for    
grand houses1 and all the commodious    
elegancies of a cultivated life4 ,he    
diffused a grace and dignity over this  
new luxury by the introduction of       
literature4 ,he invited instructors in  
all the arts and sciences from ,rome2   
and he sent the principal youth of      
,britain to that city to be educated at 
his own expense4 ,in short1 he subdued  

the ,britons by civilizing them1 and    
made them exchange a savage liberty for 
a polite and easy subjection4 ,his      
conduct is the most perfect model for   
those employed in the unhappy1 but      
sometimes necessary task1 of subduing a 
rude and free people4  ,thus was        
,britain1 after a struggle of fifty-four
 years1 entirely bent under the yoke1   
and moulded into the ,roman ,empire4    
,how so stubborn an opposition1 could   
have been so long maintained against the
 greatest power on earth by a people ill
 armed1 worse united1 without revenues1 
without discipline1 has justly been     
deemed an object of wonder4 ,authors are
 generally contented with attributing it
 to the extraordinary bravery of the    
ancient ,britons4 ,but certainly the    
,britons fought with armies as brave as 
the world ever saw1 with superior       
discipline1 and more plentiful          
resources4  ,to account for this        
opposition1 we must have recourse to the
 general character of the ,roman        

politics at this time4 ,war1 during this
 period1 was carried on upon principles 
very different from1 those that actuated
 the ,republic4 ,then one uniform spirit
 animated one body through whole ages4  
,with whatever state they were engaged1 
the war was so prosecuted as if the     
republic could not subsist1 unless that 
particular enemy were totally destroyed4
 ,but when the ,roman dominion had      
arrived to as great an extent as could  
well be managed1 and that the ruling    
power had more to fear from disaffection
 to the government than from enmity to  
the ,empire1 with regard to foreign     
affairs common rules and a moderate     
policy took place4 ,war became no more  
than a sort of exercise for the ,roman  
forces4#ag ,even whilst they were       
declaring war they looked towards an    
accommodation1 and were satisfied with  
reasonable terms when they concluded it4
 ,their politics were more like those of
 the present powers of ,europe1 where   
kingdoms seek rather to spread their    

influence than to extend their dominion1
 to awe and weaken rather than to       
destroy4 ,under unactive and jealous    
princes the ,roman legates seldom dared 
to push the advantages they had gained  
far enough to produce a dangerous       
reputation4#ah ,they wisely stopped1    
when they came to the verge of          
popularity4 ,and these emperors fearing 
as much from the generals as their      
generals from them1 such frequent       
changes were made in the command that   
the war was never systematically carried
 on4 ,besides1 the change of emperors   
7and their reigns were not long7 almost 
always brought on a change of measures2 
and the councils even of the same reign 
were continually fluctuating1 as        
opposite court factions happened to     
prevail4 ,add to this1 that during the  
commotions which followed the death of  
,nero the contest for the purple turned 
the eyes of the world from every other  
object4 ,all persons of consequence     
interested themselves in the success of 

some of the contending parties2 and the 
legates in ,britain1 suspended in       
expectation of the issue of such mighty 
quarrels1 remained unactive till it     
could be determined for what master they
 were to conquer4  ,on the side of the  
,roman government these seem to have    
been some of the causes which so long   
protracted the fate of ,britain4 ,others
 arose from the nature of the country   
itself1 and from the manners of its     
inhabitants4 ,the country was then      
extremely woody and full of morasses4   
,there were originally no roads4 ,the   
motion of armies was therefore          
difficult1 and communication in many    
cases impracticable4 ,there were no     
cities1 no towns1 no places of          
cantonment for soldiers2 so that the    
,roman forces were obliged to come into 
the field late and to leave it early in 
the season4 ,they had no means to awe   
the enemy1 and to prevent their         
machinations during the winter4 ,every  
campaign they had nearly the same work  

to begin4 ,when a civilized nation      
suffers some great defeat1 and loses    
some place critically situated1 such is 
the mutual dependence of the several    
parts by commerce1 and by the orders of 
a well-regulated community1 that the    
whole is easily secured4 ,a             
long-continued state of war is unnatural
 to such a nation4 ,they abound with    
artisans1 with traders1 and a number of 
settled and unwarlike people1 who are   
less disturbed in their ordinary course 
by submitting to almost any power than  
in a long opposition2 and as this       
character diffuses itself through the   
whole nation1 they find it impossible to
 carry on a war1 when they are deprived 
of the usual resources4 ,but in a       
country like ancient ,britain there are 
as many soldiers as inhabitants4 ,they  
unite and disperse with ease4 ,they     
require no pay nor formal subsistence2  
and the hardships of an irregular war   
are not very remote from their ordinary 
course of life4 ,victories are easily   

obtained over such a rude people1 but   
they are rarely decisive2 and the final 
conquest becomes a work of time and     
patience4 ,all that can be done is to   
facilitate communication by roads1 and  
to secure the principal avenues and the 
most remarkable posts on the navigable  
rivers by forts and stations4 ,to       
conquer the people1 you must subdue the 
nature of the country4 ,the ,romans at  
length effected this2 but until this was
 done1 they never were able to make a   
perfect conquest4  ,i shall now add     
something concerning the government the 
,romans settled here1 and of those      
methods which they used to preserve the 
conquered people under an entire        
subjection4 ,those nations who had      
either passively permitted or had been  
instrumental in the conquest of their   
fellow-,britons were dignified with the 
title of allies1 and thereby preserved  
their possessions1 laws1 and            
magistrates3 they were subject to no    
kind of charge or tribute4 ,but as their

 league was not equal1 and that they    
were under the protection1 of a superior
 power1 they were entirely divested of  
the right of war and peace2 and in many 
cases an appeal lay to ,rome in         
consequence of their subordinate and    
dependent situation4 ,this was the      
lightest species of subjection2 and it  
was generally no more than a step       
preparatory to a stricter government4   
,the condition of those towns and       
communities called municipia1 by their  
being more closely united to the greater
 state1 seemed to partake a degree less 
of independence4 ,they were adopted     
citizens of ,rome2 but whatever was     
detracted from their ancient liberty was
 compensated by a more or less complete 
possession of the privileges which      
constituted a ,roman city1 according to 
the merits which had procured their     
adoption4 ,these cities were models of  
,rome in little2 their courts and       
magistrates were the same2 and though   
they were at liberty to retain their old

 laws1 and to make new at their         
pleasure1 they commonly conformed to    
those of ,rome4 ,the municipia were not 
subject to tribute4  ,when a whole      
people had resisted the ,roman power    
with great obstinacy1 had displayed a   
readiness to revolt upon every occasion1
 and had frequently broken their faith1 
they were reduced into what the ,romans 
called the form of a province3 that is1 
they lost their laws1 their liberties1  
their magistrates2 they forfeited the   
greatest part of their lands2 and they  
paid a heavy tribute for what they were 
permitted to retain4  ,in these         
provinces the supreme government was in 
the prtor sent by the senate1 who       
commanded the army1 and in his own      
person exercised the judicial power4    
,where the sphere of his government was 
large1 he deputed his legates to that   
employment1 who judged according to the 
standing laws of the republic1 aided by 
those occasional declarations of law    
called the prtorial edicts4 ,the care of

 the revenue was in the qustor4 ,he was 
appointed to that office in ,rome2 but  
when he acted in a judicial capacity1 it
 was always by commission from the prtor
 of the province4#ai ,between these     
magistrates and all others who had any  
share in the provincial government the  
,roman manners had established a kind of
 sacred relation1 as inviolable as that 
of blood4#bj ,all the officers were     
taught to look up to the prtor as their 
father1 and to regard each other as     
brethren3 a firm and useful bond of     
concord in a virtuous administration2 a 
dangerous and oppressive combination in 
a bad one4 ,but1 like all the ,roman    
institutions1 it operated strongly      
towards its principal purpose1 the      
security of dominion1 which is by       
nothing so much exposed as the factions 
and competitions of the officers1 when  
the governing party itself gives the    
first example of disobedience4  ,on the 
overthrow of the ,commonwealth1 a       
remarkable revolution ensued in the     

power and the subordination of these    
magistrates4 ,for1 as the prince came   
alone to possess all that was by a      
proper title either imperial or prtorial
 authority1 the ancient prtors dwindled 
into his legates1 by which the splendor 
and importance of that dignity were much
 diminished4 ,the business of the qustor
 at this time seems to have been        
transferred to the emperor's procurator4
 ,the whole of the public revenue became
 part of the fisc1 and was considered as
 the private estate of the prince4 ,but 
the old office under this new           
appellation rose in proportion as the   
prtorship had declined4 ,for the        
procurator seems to have drawn to       
himself the cognizance of all civil1    
while capital cases alone were reserved 
for the judgment of the legate4#ba ,and 
though his power was at first restrained
 within narrow bounds1 and all his      
judgments were subject to a review and  
reversal by the prtor and the senate1 he
 gradually grew into independence of    

both1 and was at length by ,claudius    
invested with a jurisdiction absolutely 
uncontrollable4 ,two causes1 ,i imagine1
 joined to produce this change3 first1  
the sword was in the hands of the       
legate2 the policy of the emperors1 in  
order to balance this dangerous         
authority1 thought too much weight could
 not be thrown into the scale of the    
procurator3 secondly1 as the government 
was now entirely despotical1 a          
connection between the inferior officers
 of the empire and the senate#bb was    
found to shock the reason of that       
absolute mode of government1 which      
extends the sovereign power in all its  
fulness to every officer in his own     
district1 and renders him accountable to
 his master alone for the abuse of it4  
,the veteran soldiers were always       
thought entitled to a settlement in the 
country which had been subdued by their 
valor4 ,the whole legion1 with the      
tribunes1 the centurions1 and all the   
subordinate officers1 were seated on an 

allotted portion of the conquered lands1
 which were distributed among them      
according to their rank4 ,these colonies
 were disposed throughout the conquered 
country1 so as to sustain each other1 to
 surround the possessions that were left
 to the conquered1 to mix with the      
municipia or free towns1 and to overawe 
the allies4 ,rome extended herself by   
her colonies into every part of her     
empire1 and was everywhere present4 ,i  
speak here only of the military         
colonies1 because no other1 ,i imagine1 
were ever settled in ,britain4  ,there  
were few countries of any considerable  
extent in which all these different     
modes of government and different shades
 and gradations of servitude did not    
exist together4 ,there were allies1     
municipia1 provinces1 and colonies in   
this island1 as elsewhere2 and those    
dissimilar parts1 far from being        
discordant1 united to make a firm and   
compact body1 the motion of any member  
of which could only serve to confirm and

 establish the whole2 and when time was 
given to this structure to coalesce and 
settle1 it was found impossible to break
 any part of it from the ,empire4  ,by  
degrees the several parts blended and   
softened into one another4 ,and as the  
remembrance of enmity1 on the one hand1 
wore away by time1 so1 on the other1 the
 privileges of the ,roman citizens at   
length became less valuable4 ,when1     
nothing throughout so vast an extent of 
the globe was of consideration but a    
single man1 there was no reason to make 
any distinction amongst his subjects4   
,claudius first gave the full rights of 
the city to all the ,gauls4 ,under      
,antoninus ,rome opened her gates still 
wider4 ,all the subjects of the ,empire 
were made partakers of the same common  
rights4 ,the provincials flocked in2    
even slaves were no sooner enfranchised 
than they were advanced to the highest  
posts2 and the plan of comprehension1   
which had overturned the republic1      
strengthened the monarchy4  ,before the 

partitions were thus broken down1 in    
order to support the ,empire1 and to    
prevent commotions1 they had a custom of
 sending spies into all the provinces1  
where1 if they discovered any provincial
 laying himself out for popularity1 they
 were sure of finding means1 for they   
scrupled none1 to repress him4 ,it was  
not only the prtor1 with his train of   
lictors and apparitors1 the rods and the
 axes1 and all the insolent parade of a 
conqueror's jurisdiction2 every private 
,roman seemed a kind of magistrate3 they
 took cognizance of all their words and 
actions1 and hourly reminded them of    
that jealous and stern authority1 so    
vigilant to discover and so severe to   
punish the slightest deviations from    
obedience4  ,as they had framed the     
action de pecuniis repetundis against   
the avarice and rapacity of the         
provincial governors1 they made at      
length a law#bc which1 one may say1 was 
against their virtues4 ,for they        
prohibited them from receiving addresses

 of thanks on their administration1 or  
any other public mark of acknowledgment1
 lest they should come to think that    
their merit or demerit consisted in the 
good or ill opinion of the people over  
whom they ruled4 ,they dreaded either a 
relaxation of government1 or a dangerous
 influence in the legate1 from the      
exertion of an humanity too popular4    
,these are some of the civil and        
political methods by which the ,romans  
held their dominion over conquered      
nations2 but even in peace they kept up 
a great military establishment4 ,they   
looked upon the interior country to be  
sufficiently secured by the colonies2   
their forces were therefore generally   
quartered on the frontiers4 ,there they 
had their stativa1 or stations1 which   
were strong intrenched camps1 many of   
them fitted even for a winter residence4
 ,the communication between these camps1
 the colonies1 and the municipal towns  
was formed by great roads1 which they   
called military ways4 ,the two principal

 of these ran in almost straight lines1 
the whole length of ,england1 from north
 to south4 ,two others intersected them 
from east to west4 ,the remains show    
them to have been in their perfection   
noble works1 in all respects worthy the 
,roman military prudence and the majesty
 of the ,empire4 ,the ,anglo-,saxons    
called them streets4#bd ,of all the     
,roman works1 they respected and kept up
 these alone4 ,they regarded them1 with 
a sort of sacred reverence1 granting    
them a peculiar protection and great    
immunities4 ,those who travelled on them
 were privileged from arrests in all    
civil suits4  ,as the general character 
of the ,roman government was hard and   
austere1 it was particularly so in what 
regarded the revenue4 ,this revenue was 
either fixed or occasional4 ,the fixed  
consisted1 first1 of an annual tax on   
persons and lands1 but in what          
proportion to the fortunes of the one or
 the value of the other ,i have not been
 able to ascertain4 ,next was the       

imposition called decuma1 which         
consisted of a tenth1 and often a       
greater portion of the corn of the      
province1 which was generally delivered 
in kind4 ,of all other products a fifth 
was paid4 ,after this tenth had been    
exacted on the corn1 they were obliged  
to sell another tenth1 or a more        
considerable part1 to the prtor1 at a   
price estimated by himself4 ,even what  
remained was still subject to be bought 
up in the some manner1 and at the       
pleasure of the same magistrate1 who1   
independent of these taxes and          
purchases1 received for the use of his  
household a large portion of the corn of
 the province4 ,the most valuable of the
 pasture grounds were also reserved to  
the public1 and a considerable revenue  
was thence derived1 which they called   
scriptura4 ,the state made a monopoly of
 almost the whole produce of the land1  
which paid several taxes1 and was       
further enhanced by passing through     
several hands before it came to popular 

consumption4  ,the third great branch of
 the ,roman revenue was the portorium1  
which did not differ from those         
impositions which we now call customs   
and duties of export and import4  ,this 
was the ordinary revenue2 besides which 
there were occasional impositions for   
shipping1 for military stores and       
provisions1 and for defraying the       
expense of the prtor and his legates on 
the various circuits they made for the  
administration of the province4 ,this   
last charge became frequently a means of
 great oppression1 and several ways were
 from time to time attempted1 but with  
little effect1 to confine it within     
reasonable bounds4#be ,amongst the      
extraordinary impositions must be       
reckoned the obligation they laid on the
 provincials to labor at the public     
works1 after the manner of what the     
,french call the corve1 and we term     
statute-labor4  ,as the provinces1      
burdened by the ordinary charges1 were  
often in no condition of levying these  

occasional taxes1 they were obliged to  
borrow at interest4 ,interest was then  
to communities at the same exorbitant   
rate as to individuals4 ,no province was
 free from a most onerous public debt2  
and that debt was far from operating    
like the same engagement contracted in  
modern states1 by which1 as the creditor
 is thrown into the power of the debtor1
 they often add considerably to their   
strength1 and to the number and         
attachment of their dependants4 ,the    
prince in this latter case borrows from 
a subject or from a stranger4 ,the one  
becomes more the subject1 and the other 
less a stranger4 ,but in the ,roman     
provinces the subject borrowed from his 
master1 and he thereby doubled his      
slavery4 ,the overgrown favorites and   
wealthy nobility of ,rome advanced money
 to the provincials2 and they were in a 
condition both to prescribe the terms of
 the loan and to enforce the payment4   
,the provinces groaned at once under all
 the severity of public imposition and  

the rapaciousness of private usury4     
,they were overrun by publicans1 farmers
 of the taxes1 agents1 confiscators1    
usurers1 bankers1 those numerous and    
insatiable bodies which always flourish 
in a burdened and complicated revenue4  
,in a word1 the taxes in the ,roman     
,empire were so heavy1 and in many      
respects so injudiciously laid on1 that 
they have been not improperly considered
 as one cause of its decay and ruin4    
,the ,roman government1 to the very     
last1 carried something of the spirit of
 conquest in it2 and this system of     
taxes seems rather calculated for the   
utter impoverishment of nations1 in whom
 a long subjection had not worn away the
 remembrance of enmity1 than for the    
support of a just commonwealth4         
,,footnotes3  #ae ,there is a curious   
instance of a ceremony not unlike this  
in a fragment of an ancient ,runic      
history1 which it may not be            
disagreeable to compare with this part  
of the ,british manners4 ,ne vero regent

 ex improviso adoriretur ,ulafus1 admoto
 sacculo suo1 eundem quatere cpit1      
carmen simul magicum obmurmurans1 hac   
verborum formula3 ,duriter increpetur   
cum tonitru2 stringant ,cyclopia tela2  
injiciant manum ,parc2 444 acriter      
excipient monticol genii plurimi1 atque 
gigantes 444 contundent2 quatient2      
procell 4441 disrumpent lapides navigium
 ejus4444--,hickesii ,thesaur4 ,vol4    
,,ii4 p4 #adj4  #af ,inhabitants of     
,norfolk and ,suffolk4  #ag ,rem        
,romanam huc satietate glori provectam1 
ut externis quoque gentibus quietem     
velit4--,tacit4 ,annal4 ,,xii4 #aa4  #ah
 ,nam duces1 ubi impetrando triumphalium
 insigni sufficere res suas crediderant1
 hostam omittebant4--,tacit4 ,annal4    
,,iv4 #bc4  #ai ,sigonii de ,antiquo    
,jure ,provinciarum1 ,lib4 #a and #b4   
#bj ,cic4 in ,verrem1 ,i4  #ba ,duobus  
insuper inserviendum tyrannis2 quorum   
legatus in sanguinem1 procurator in bona
 sviret--,tacit4 ,annal4 ,,xii4 #fj4    
#bb ,ne vim principatus resolveret      

cuncta ad senatum vocando1 eam          
conditionem esse imperandi1 ut non      
aliter ratio constet1 quam si uni       
reddatur4--,tacit4 ,annal4 ,i4 #f4  #bc 
,tacit4 ,annal4 ,,xv4 #ba1 #bb4  #bd    
,the four roads they called ,watling    
,street1 ,ikenild ,street1 ,ermin       
,street1 and the ,fosseway4  #be ,cod4  
lib4 ,,xii4 ,tit4 lxii4     ,,chapter   
,,iv4  ,,the ,,fall ,,of ,,the ,,roman  
,,power ,,in ,,britain4   ,sidenote3    
,a4,d4 #aag4  ,after the period which we
 have just closed1 no mention is made of
 the affairs of ,britain until the reign
 of ,adrian4 ,at that time was wrought  
the first remarkable change in the      
exterior policy of ,rome4 ,although some
 of the emperors contented themselves   
with those limits which they found at   
their accession1 none before this prince
 had actually contracted the bounds of  
the ,empire3 for1 being more perfectly  
acquainted with all the countries that  
composed it than any of his             
predecessors1 what was strong and what  

weak1 and having formed to himself a    
plan wholly defensive1 he purposely     
abandoned several large tracts of       
territory1 that he might render what    
remained more solid and compact4        
,sidenote3 ,a4,d4 #aba4  ,sidenote3     
,a4,d4 #adj4  ,this plan particularly   
affected ,britain4 ,all the conquests of
 ,agricola to the northward of the ,tyne
 were relinquished1 and a strong rampart
 was built from the mouth of that river1
 on the east1 to ,solway ,frith1 on the 
,irish ,sea1 a length of about eighty   
miles4 ,but in the reign of his         
successor1 ,antoninus ,pius1 other      
reasonings prevailed1 and other measures
 were pursued4 ,the legate who then     
commanded in ,britain1 concluding that  
the ,caledonians would construe the     
defensive policy of ,adrian into fear1  
that they would naturally grow more     
numerous in a larger territory1 and more
 haughty when they saw it abandoned to  
them1 the frontier was again advanced to
 ,agricola's second line1 which extended

 between the ,friths of ,forth and      
,clyde1 and the stations which had been 
established by that general were        
connected with a continued wall4        
,sidenote3 ,a4,d4 #bjg  ,sidenote3      
,a4,d4 #bjh  ,sidenote3 ,a4,d4 #bji     
,from this time those walls become the  
principal object in the ,british        
history4 ,the ,caledonians1 or 7as they 
are called7 the ,picts1 made very       
frequent and sometimes successful       
attempts upon this barrier1 taking      
advantage more particularly of every    
change in government1 whilst the        
soldiery throughout the ,empire were    
more intent upon the choice of a master 
than the motions of an enemy4 ,in this  
dubious state of unquiet peace and      
unprosecuted war the province continued 
until ,severus came to the purple1 who1 
finding that ,britain had grown into one
 of the most considerable provinces of  
the ,empire1 and was at the same time in
 a dangerous situation1 resolved to     
visit that island in person1 and to     

provide for its security4 ,he led a vast
 army into the wilds of ,caledonia1 and 
was the first of the ,romans who        
penetrated to the most northern boundary
 of this island4 ,the natives1 defeated 
in some engagements1 and wholly unable  
to resist so great and determined a     
power1 were obliged to submit to such a 
peace as the emperor thought proper to  
impose4 ,contenting himself with a      
submission1 always cheaply won from a   
barbarous people1 and never long        
regarded1 ,severus made no sort of      
military establishment in that country4 
,on the contrary1 he abandoned the      
advanced work which had been raised in  
the reign of ,antoninus1 and1 limiting  
himself by the plan of ,adrian1 he      
either built a new wall near the former1
 or he added to the work of that emperor
 such considerable improvements and     
repairs that it has since been called   
the ,wall of ,severus4  ,severus with   
great labor and charge terrified the    
,caledonians2 but he did not subdue     

them4 ,he neglected those easy and      
assured means of subjection which the   
nature of that part of ,britain affords 
to a power master of the sea1 by the    
bays1 friths1 and lakes with which it is
 everywhere pierced1 and in some places 
almost cut through4 ,a few garrisons at 
the necks of land1 and a fleet to       
connect them and to awe the coast1 must 
at any time have been sufficient        
irrecoverably to subdue that part of    
,britain4 ,this was a neglect in        
,agricola occasioned probably by a      
limited command2 and it was not         
rectified by boundless authority in     
,severus4 ,the ,caledonians again       
resumed their arms1 and renewed their   
ravages on the ,roman frontier4 ,severus
 died before he could take any new      
measures2 and from his death there is an
 almost total silence concerning the    
affairs of ,britain until the division  
of the ,empire4  ,had the unwieldy mass 
of that overgrown dominion been         
effectively divided1 and divided into   

large portions1 each forming a state1   
separate and absolutely independent1 the
 scheme had been far more perfect4      
,though the ,empire had perished1 these 
states might have subsisted2 and they   
might have made a far better opposition 
to the inroads of the barbarians even   
than the whole united2 since each nation
 would have its own strength solely     
employed in resisting its own particular
 enemies4 ,for1 notwithstanding the     
resources which might have been expected
 from the entireness of so great a body1
 it is clear from history that the      
,romans were never able to employ with  
effect and at the same time above two   
armies1 and that on the whole they were 
very unequal to the defence of a        
frontier of many thousand miles in      
circuit4  ,but the scheme which was     
pursued1 the scheme of joint emperors1  
holding by a common title1 each         
governing his proper territory1 but not 
wholly without authority in the other   
portions1 this formed a species of      

government of which it is hard to       
conceive any just idea4 ,it was a       
government in continual fluctuation from
 one to many1 and from many again to a  
single hand4 ,each state did not subsist
 long enough independent to fall into   
those orders and connected classes of   
men that are necessary to a regular     
commonwealth2 nor had they time to grow 
into those virtuous partialities from   
which nations derive the first principle
 of their stability4  ,the events which 
follow sufficiently illustrate these    
reflections1 and will show the reason of
 introducing them in this place1 with   
regard to the ,empire in general1 and to
 ,britain more particularly4  ,in the   
division which ,diocletian first made of
 the ,roman territory1 the western      
provinces1 in which ,britain was        
included1 fell to ,maximian4 ,it was    
during his reign that ,britain1 by an   
extraordinary revolution1 was for some  
time entirely separated from the body of
 the ,empire4 ,carausius1 a man of      

obscure birth1 and a barbarian1 7for now
 not only the army1 but the senate1 was 
filled with foreigners17 had obtained   
the government of ,boulogne4 ,he was    
also intrusted with the command of a    
fleet stationed in that part to oppose  
the ,saxon pirates1 who then began      
cruelly to infest the northwest parts of
 ,gaul and the opposite shore of        
,britain4 ,but ,carausius made use of   
the power with which he had been        
intrusted1 not so much to suppress the  
pirates as to aggrandize himself4 ,he   
even permitted their depredations1 that 
he might intercept them on their return1
 and enrich himself with the retaken    
plunder4 ,by such methods he acquired   
immense wealth1 which he distributed    
with so politic a bounty among the      
seamen of his fleet and the legions in  
,britain that by degrees he disposed    
both the one and the other to a revolt  
in his favor4  ,sidenote3 ,a4,d4 #bhf   
,sidenote3 ,a4,d4 #bij  ,sidenote3      
,a4,d4 #bic  ,as there were then no     

settled principles either of succession 
or election in the ,empire1 and all     
depended on the uncertain faith of the  
army1 ,carausius made his attempt1      
perhaps1 with the less guilt1 and found 
the less difficulty in prevailing upon  
the provincial ,britons to submit to a  
sovereignty which seemed to reflect a   
sort of dignity on themselves4 ,in this 
island he established the seat of his   
new dominion2 but he kept up and        
augmented his fleet1 by which he        
preserved his communication with his old
 government1 and commanded the          
intermediate seas4 ,he entered into a   
close alliance with the ,saxons and     
,frisians1 by which he at once preserved
 his own island from their depredations 
and rendered his maritime power         
irresistible4 ,he humbled the ,picts by 
several defeats2 he repaired the        
frontier wall1 and supplied it with good
 garrisons4 ,he made several roads equal
 to the works of the greatest emperors4 
,he cut canals1 with vast labor and     

expense1 through all the low eastern    
parts of ,britain1 at the same time     
draining those fenny countries1 and     
promoting communication and commerce4   
,on these canals he built several       
cities4 ,whilst he thus labored to      
promote the internal strength and       
happiness of his kingdom1 he contended  
with so much success against his former 
masters that they were at length obliged
 not only to relinquish their right to  
his acquisition1 but to admit him to a  
participation of the imperial titles4   
,he reigned after this for seven years  
prosperously and with great glory1      
because he wisely set bounds to his     
ambition1 and contented himself with the
 possession of a great country1 detached
 from the rest of the world1 and        
therefore easily defended4 ,had he lived
 long enough1 and pursued this plan with
 consistency1 ,britain1 in all          
probability1 might then have become1 and
 might have afterwards been1 an         
independent and powerful kingdom1       

instructed in the ,roman arts1 and freed
 from their dominion4 ,but the same     
distemper of the state which had raised 
,carausius to power did not suffer him  
long to enjoy it4 ,the ,roman soldiery  
at that time was wholly destitute of    
military principle4 ,that religious     
regard to their oath1 the great bond of 
ancient discipline1 had been long worn  
out2 and the want of it was not supplied
 by that punctilio of honor and loyalty 
which is the support of modern armies4  
,carausius was assassinated1 and        
succeeded in his kingdom by ,allectus1  
the captain of his guards4 ,but the     
murderer1 who did not possess abilities 
to support the power he had acquired by 
his crimes1 was in a short time         
defeated1 and in his turn put to death1 
by ,constantius ,chlorus4 ,in about     
three years from the death of           
,carausius1 ,britain1 after a short     
experiment of independency1 was again   
united to the body of the ,empire4      
,sidenote3 ,a4,d4 #cjd  ,constantius1   

after he came to the purple1 chose this 
island for his residence4 ,many authors 
affirm that his wife ,helena was a      
,briton4 ,it is more certain that his   
son ,constantine the ,great was born    
here1 and enabled to succeed his father 
principally by the helps which he       
derived from ,britain4  ,sidenote3      
,a4,d4 #cjf4  ,under the reign of this  
great prince there was an almost total  
revolution in the internal policy of the
 ,empire4 ,this was the third remarkable
 change in the ,roman government since  
the dissolution of the ,commonwealth4   
,the first was that by which ,antoninus 
had taken away the distinctions of the  
municipium1 province1 and colony1       
communicating to every part of the      
,empire those privileges which had      
formerly distinguished a citizen of     
,rome4 ,thus the whole government was   
cast into a more uniform and simple     
frame1 and every mark of conquest was   
finally effaced4 ,the second alteration 
was the division of the ,empire by      

,diocletian4 ,the third was the change  
made in the great offices of the state1 
and the revolution in religion1 under   
,constantine4  ,the prfecti prtorio1    
who1 like the commanders of the         
janizaries of the ,porte1 by their      
ambition and turbulence had kept the    
government in continual ferment1 were   
reduced by the happiest art imaginable4 
,their number1 only two originally1 was 
increased to four1 by which their power 
was balanced and broken4 ,their         
authority was not lessened1 but its     
nature was totally changed3 for it      
became from that time a dignity and     
office merely civil4 ,the whole ,empire 
was divided into four departments under 
these four officers4 ,the subordinate   
districts were governed by their        
vicarii2 and ,britain1 accordingly1 was 
under a vicar1 subject to the prfectus  
prtorio of ,gaul4 ,the military was     
divided nearly in the same manner2 and  
it was placed under officers also of a  
new creation1 the magistri militi4      

,immediately under these were the duces1
 and under those the comites1 dukes and 
counts1 titles unknown in the time of   
the ,republic or in the higher ,empire2 
but afterwards they extended beyond the 
,roman territory1 and having been       
conferred by the ,northern nations upon 
their leaders1 they subsist to this day1
 and contribute to the dignity of the   
modern courts of ,europe4  ,but         
,constantine made a much greater change 
with regard to religion by the          
establishment of ,christianity4 ,at what
 time the ,gospel was first preached in 
this island ,i believe it impossible to 
ascertain1 as it came in gradually1 and 
without1 or rather contrary to1 public  
authority4 ,it was most probably first  
introduced among the legionary soldiers2
 for we find ,st4 ,alban1 the first     
,british martyr1 to have been of that   
body4 ,as it was introduced privately1  
so its growth was for a long time       
insensible2 but it shot up at length    
with great vigor1 and spread itself     

widely1 at first under the favor of     
,constantius and the protection of      
,helena1 and at length under the        
establishment of ,constantine4 ,from    
this time it is to be considered as the 
ruling religion2 though heathenism      
subsisted long after1 and at last       
expired imperceptibly1 and with as      
little noise as ,christianity had been  
at first introduced4  ,sidenote3 ,a4,d4 
#cfh4  ,in this state1 with regard to   
the civil1 military1 and religious      
establishment1 ,britain1 remained       
without any change1 and at intervals in 
a tolerable state of repose1 until the  
reign of ,valentinian4 ,then it was     
attacked all at once with incredible    
fury and success1 and as it were in     
concert1 by a number of barbarous       
nations4 ,the principal of these were   
the ,scots1 a people of ancient         
settlement in ,ireland1 and who had     
thence been transplanted into the       
northern part of ,britain1 which        
afterwards derived its name from that   

colony4 ,the ,scots of both nations     
united with the ,picts to fall upon the 
,roman province4 ,to these were added   
the piratical ,saxons1 who issued from  
the mouths of the ,rhine4 ,for some     
years they met but slight resistance1   
and made a most miserable havoc1 until  
the famous ,count ,theodosius was sent  
to the relief of ,britain1--who1 by an  
admirable conduct in war1 and as        
vigorous application to the cure of     
domestic disorders1 for a time freed the
 country from its enemies and           
oppressors1 and having driven the ,picts
 and ,scots into the barren extremity of
 the island1 he shut and barred them in 
with a new wall1 advanced as far as the 
remotest of the former1 and1 what had   
hitherto been imprudently neglected1 he 
erected the intermediate space into a   
,roman province1 and a regular          
government1 under the name of ,valentia4
 ,but this was only a momentary relief4 
,the ,empire was perishing by the vices 
of its constitution4  ,sidenote3 ,a4,d4 

#chh4  ,each province was then possessed
 by the inconsiderate ambition of       
appointing a head to the whole2         
although1 when the end was obtained1 the
 victorious province always returned to 
its ancient insignificance1 and was lost
 in the common slavery4 ,a great army of
 ,britons followed the fortune of       
,maximus1 whom they had raised to the   
imperial titles1 into ,gaul4 ,they were 
there defeated2 and from their defeat1  
as it is said1 arose a new people4 ,they
 are supposed to have settled in        
,armorica1 which was then1 like many    
other parts of the sickly ,empire1      
become a mere desert2 and that country1 
from this accident1 has been since      
called ,bretagne4  ,the ,roman province 
thus weakened afforded opportunity and  
encouragement to the barbarians again to
 invade and ravage it4 ,stilicho1 indeed
 during the minority of ,honorius1      
obtained some advantages over them1     
which procured a short intermission of  
their hostilities4 ,but as the ,empire  

on the continent was now attacked on all
 sides1 and staggered under the         
innumerable shocks which1 it received1  
that minister ventured to recall the    
,roman forces from ,britain1 in order to
 sustain those parts which he judged of 
more importance and in greater danger4  
,sidenote3 ,a4,d4 #daa4  ,on the        
intelligence of this desertion1 their   
barbarous enemies break in upon the     
,britons1 and are no longer resisted4   
,their ancient protection withdrawn1 the
 people became stupefied with terror and
 despair4 ,they petition the emperor for
 succor in the most moving terms4 ,the  
emperor1 protesting his weakness1       
commits them to their own defence1      
absolves them from1 their allegiance1   
and confers on them a freedom which they
 have no longer the sense to value nor  
the virtue to defend4 ,the princes whom 
after this desertion they raised and    
deposed with a stupid inconstancy were  
styled ,emperors4 ,so hard it is to     
change ideas to which men have been long

 accustomed1 especially in government1  
that the ,britons had no notion of a    
sovereign who was not to be emperor1 nor
 of an emperor who was not to be master 
of the ,western world4 ,this single idea
 ruined ,britain4 ,constantine1 a native
 of this island1 one of those shadows of
 imperial majesty1 no sooner found      
himself established at home than1       
fatally for himself and his country1 he 
turned his eyes towards the continent4  
,thither he carried the flower of the   
,british youth1--all who were any ways  
eminent for birth1 for courage1 for     
their skill in the military or mechanic 
arts2 but his success was not equal to  
his hopes or his forces4 ,the remains of
 his routed army joined their countrymen
 in ,armorica1 and a baffled attempt    
upon the ,empire a second time recruited
 ,gaul and exhausted ,britain4  ,the    
,scots and ,picts1 attentive to every   
advantage1 rushed with redoubled        
violence into this vacuity4 ,the        
,britons1 who could find no protection  

but in slavery1 again implore the       
assistance of their former masters4 ,at 
that time ,atius commanded the imperial 
forces in ,gaul1 and with the virtue and
 military skill of the ancient ,romans  
supported the ,empire1 tottering with   
age and weakness4 ,though he was then   
hard pressed by the vast armies of      
,attila1 which like a deluge had        
overspread ,gaul1 he afforded them a    
small and temporary succor4 ,this       
detachment of ,romans repelled the      
,scots2 they repaired the walls2 and    
animating the ,britons by their example 
and instructions to maintain their      
freedom1 they departed4 ,but the ,scots 
easily perceived and took advantage of  
their departure4 ,whilst they ravaged   
the country1 the ,britons renewed their 
supplications to ,atius4 ,they once more
 obtained a reinforcement1 which again  
restablished their affairs4 ,they were1 
however1 given to understand that this  
was to be their last relief4 ,the ,roman
 auxiliaries were recalled1 and the     

,britons abandoned to their own fortune 
forever4  ,sidenote3 ,a4,d4 #dcb4  ,when
 the ,romans deserted this island1 they 
left a country1 with regard to the arts 
of war or government1 in a manner       
barbarous1 but destitute of that spirit 
or those advantages with which sometimes
 a state of barbarism is attended4 ,they
 carried out of each province its proper
 and natural strength1 and supplied it  
by that of some other1 which had no     
connection with the country4 ,the troops
 raised in ,britain often served in     
,egypt2 and those which were employed   
for the protection of this island were  
sometimes from ,batavia or ,germany1    
sometimes from provinces far to the     
east4 ,whenever the strangers were      
withdrawn1 as they were very easily1 the
 province was left in the hands of men  
wholly unpractised in war4 ,after a     
peaceable possession of more than three 
hundred years1 the ,britons derived but 
very few benefits from their subjection 
to the conquerors and civilizers of     

mankind4 ,neither does it appear that   
the ,roman people were at any time      
extremely numerous in this island1 or   
had spread themselves1 their manners1 or
 their language as extensively in       
,britain as they had done in the other  
parts of their ,empire4 ,the ,welsh and 
the ,anglo-,saxon languages retain much 
less of ,latin than the ,french1 the    
,spanish1 or the ,italian4 ,the ,romans 
subdued ,britain at a later period1 at a
 time when ,italy herself was not       
sufficiently populous to supply so      
remote a province3 she was rather       
supplied from her provinces4 ,the       
military colonies1 though in some       
respects they were admirably fitted for 
their purposes1 had1 however1 one       
essential defect3 the lands granted to  
the soldiers did not pass to their      
posterity2 so that the ,roman people    
must have multiplied poorly in this     
island1 when their increase principally 
depended on a succession of             
superannuated soldiers4 ,from this      

defect the colonies were continually    
falling to decay4 ,they had also in many
 respects degenerated from their        
primitive institution4#bf ,we must add1 
that in the decline of the ,empire a    
great part of the troops in ,britain    
were barbarians1 ,batavians or ,germans4
 ,thus1 at the close of this period1    
this unhappy country1 desolated of its  
inhabitants1 abandoned by its masters1  
stripped of its artisans1 and deprived  
of all its spirit1 was in a condition   
the most wretched and forlorn4          
,,footnotes3  #bf ,neque conjugiis      
suscipiendis neque alendis liberis      
sueti1 orbas sine posteris domos        
relinquebant4 ,non enim1 ut olim1       
univers legiones deducebantur cum       
tribunis et centurionibus et suis       
cujusque ordinis militibus1 ut consensu 
et caritate rempublicam efficerent1 sed 
ignoti inter se1 diversis manipulis1    
sine rectore1 sine affectibus mutuis1   
quasi ex alio genere mortalium repente  
in unum collecti1 numerus magis quam    

colonia--,tacit4 ,annal4 ,,xiv4 #bg4    
,,book ,,ii     ,,chapter ,i4  ,,the    
,,entry ,,and ,,settlement ,,of ,,the   
,,saxons1 ,,and ,,their ,,conversion    
,,to ,,christianity4  ,sidenote3 ,a4,d4 
#ddg4  ,after having been so long       
subject to a foreign dominion1 there was
 among the ,britons no royal family1 no 
respected order in the state1 none of   
those titles to government1 confirmed by
 opinion and long use1 more efficacious 
than the wisest schemes for the         
settlement of the nation4 ,mere personal
 merit was then the only pretence to    
power4 ,but this circumstance only added
 to the misfortunes of a people who had 
no orderly method of election1 and      
little experience of merit in any of the
 candidates4 ,during this anarchy1      
whilst they suffered the most dreadful  
calamities from the fury of barbarous   
nations which invaded them1 they fell   
into that disregard of religion1 and    
those loose1 disorderly manners1 which  
are sometimes the consequence of        

desperate and hardened wretchedness1 as 
well as the common distempers of ease   
and prosperity4  ,at length1 after      
frequent elections and deposings1 rather
 wearied out by their own inconstancy   
than1 fixed by the merit of their       
choice1 they suffered ,vortigern to     
reign over them4 ,this leader had made  
some figure in the conduct of their wars
 and factious4 ,but he was no sooner    
settled on the throne than he showed    
himself rather like a prince born of an 
exhausted stock of royalty in the       
decline of empire than one of those bold
 and active spirits whose manly talents 
obtain them the first place in their    
country1 and stamp upon it that         
character of vigor essential to the     
prosperity of a new commonwealth4       
,however1 the mere settlement1 in spite 
of the ill administration of government1
 procured the ,britons some internal    
repose1 and some temporary advantages   
over their enemies1 the ,picts4 ,but    
having been long habituated to defeats1 

neither relying on their king nor on    
themselves1 and fatigued with the       
obstinate attacks of an enemy whom they 
sometimes checked1 but could never      
remove1 in one of their national        
assemblies it was resolved to call in   
the mercenary aid of the ,saxons1 a     
powerful nation of ,germany1 which had  
been long by their piratical incursions 
terrible not only to them1 but to all   
the adjacent countries4 ,this resolution
 has been generally condemned4 ,it has  
been said1 that they seem to have       
through mere cowardice distrusted a     
strength not yet worn down1 and a       
fortune sufficiently prosperous4 ,but as
 it was taken by general counsel and    
consent1 we must believe that the       
necessity of such a step was felt1      
though the event was dubious4 ,the      
event1 indeed1 might be dubious3 in a   
state radically weak1 every measure     
vigorous enough for its protection must 
endanger its existence4  ,there is an   
unquestioned tradition among the        

,northern nations of ,europe1 importing 
that all that part of the world had     
suffered a great and general revolution 
by a migration from ,asiatic ,tartary of
 a people whom they call ,asers4 ,these 
everywhere expelled or subdued the      
ancient inhabitants of the ,celtic and  
,cimbric original4 ,the leader of this  
,asiatic army was called ,odin or       
,wodin3 first their general1 afterwards 
their tutelar deity4 ,the time of this  
great change is lost in the imperfection
 of traditionary history1 and the       
attempts to supply it by fable4 ,it is1 
however1 certain1 that the ,saxon nation
 believed themselves the descendants of 
those conquerors3 and they had as good a
 title to that descent as any other of  
the ,northern tribes2 for they used the 
same language which then was and is     
still spoken1 with small variation of   
the dialects1 in all the countries which
 extend from the polar circle to the    
,danube4 ,this people most probably     
derived their name1 as well as their    

origin1 from1 the ,sac1 a nation of the 
,asiatic ,scythia4 ,at the time of which
 we write they had seated themselves in 
the ,cimbric ,chersonesus1 or ,jutland1 
in the countries of ,holstein and       
,sleswick1 and thence extended along the
 ,elbe and ,weser to the coast of the   
,german ,ocean1 as far as the mouths of 
the ,rhine4 ,in that tract they lived in
 a sort of loose military commonwealth  
of the ordinary ,german model1 under    
several leaders1 the most eminent of    
whom was ,hengist1 descended from ,odin1
 the great conductor of the ,asiatic    
colonies4 ,it was to this chief that the
 ,britons applied themselves4 ,they     
invited him by a promise of ample pay   
for his troops1 a large share of their  
common plunder1 and the ,isle of ,thanet
 for a settlement4  ,the army which came
 over under ,hengist did not exceed     
fifteen hundred men4 ,the opinion which 
the ,britons had entertained of the     
,saxon prowess was well founded2 for    
they had the principal share in a       

decisive victory which was obtained over
 the ,picts soon after their arrival1 a 
victory which forever freed the ,britons
 from all terror of the ,picts and      
,scots1 but in the same moment exposed  
them to an enemy no less dangerous4     
,hengist and his ,saxons1 who had       
obtained by the free vote of the        
,britons that introduction into this    
island they had so long in vain         
attempted by arms1 saw that by being    
necessary they were superior to their   
allies4 ,they discovered the character  
of the king2 they were eye-witnesses of 
the internal weakness and distraction of
 the kingdom4 ,this state of ,britain   
was represented with so much effect to  
the ,saxons in ,germany1 that another   
and much greater embarkation followed   
the first2 new bodies daily crowded in4 
,as soon as the ,saxons began to be     
sensible of their strength1 they found  
it their interest to be discontented2   
they complained of breaches of a        
contract1 which they construed according

 to their own designs2 and then fell    
rudely upon their unprepared and feeble 
allies1 who1 as they had not been able  
to resist the ,picts and ,scots1 were   
still less in a condition to oppose that
 force by which they had been protected 
against those enemies1 when turned      
unexpectedly upon themselves4 ,hengist1 
with very little opposition1 subdued the
 province of ,kent1 and there laid the  
foundation of the first ,saxon kingdom4 
,every battle the ,britons fought only  
prepared them for a new defeat1 by      
weakening their strength and displaying 
the inferiority of their courage4       
,vortigern1 instead of a steady and     
regular resistance1 opposed a mixture of
 timid war and unable negotiation4 ,in  
one of their meetings1 wherein the      
business1 according to the ,german mode1
 was carried on amidst feasting and     
riot1 ,vortigern was struck with the    
beauty of a ,saxon virgin1 a kinswoman  
of ,hengist1 and entirely under his     
influence4 ,having married her1 he      

delivered himself over to her counsels4 
,sidenote3 ,a4,d4 #deb  ,his people1    
harassed by their enemies1 betrayed by  
their prince1 and indignant at the      
feeble tyranny that oppressed them1     
deposed him1 and set his son ,vortimer  
in his place4 ,but the change of the    
king proved no remedy for the exhausted 
state of the nation and the             
constitutional infirmity of the         
government4 ,for even if the ,britons   
could have supported themselves against 
the superior abilities and efforts of   
,hengist1 it might have added to their  
honor1 but would have contributed little
 to their safety4 ,the news of his      
success had roused all ,saxony4 ,five   
great bodies of that adventurous people1
 under different and independent        
commanders1 very nearly at the same time
 broke in upon as many different parts  
of the island4 ,they came no longer as  
pirates1 but as invaders4 ,whilst the   
,britons contended with one body of     
their fierce enemies1 another gained    

ground1 and filled with slaughter and   
desolation the whole country from sea to
 sea4 ,a devouring war1 a dreadful      
famine1 a plague1 the most wasteful of  
any recorded in our history1 united to  
consummate the ruin of ,britain4 ,the   
ecclesiastical writers of that age1     
confounded at the view of those         
complicated calamities1 saw nothing but 
the arm of ,god stretched out for the   
punishment of a sinful and disobedient  
nation4 ,and truly1 when we set before  
us in one point of view the condition of
 almost all the parts which had lately  
composed the ,western ,empire1--of      
,britain1 of ,gaul1 of ,italy1 of       
,spain1 of ,africa1--at once overwhelmed
 by a resistless inundation of most     
cruel barbarians1 whose inhuman method  
of war made but a small part of the     
miseries with which these nations were  
afflicted1 we are almost driven out of  
the circle of political inquiry3 we are 
in a manner compelled to acknowledge the
 hand of ,god in those immense          

revolutions by which at certain periods 
,he so signally asserts ,his supreme    
dominion1 and brings about that great   
system of change which is perhaps as    
necessary to the moral as it is found to
 be in the natural world4  ,but whatever
 was the condition of the other parts of
 ,europe1 it is generally agreed that   
the state of ,britain was the worst of  
all4 ,some writers have asserted1 that1 
except those who took refuge in the     
mountains of ,wales and in ,cornwall1 or
 fled into ,armorica1 the ,british race 
was in a manner destroyed4 ,what is     
extraordinary1 we find ,england in a    
very tolerable state of population in   
less than two centuries after the first 
invasion of the ,saxons2 and it is hard 
to imagine either the transplantation or
 the increase of that single people to  
have been in so short a time sufficient 
for the settlement of so great an extent
 of country4 ,others speak of the       
,britons1 not as extirpated1 but as     
reduced to a state of slavery2 and here 

these writers fix the origin of personal
 and predial servitude in ,england4  ,i 
shall lay fairly before the reader all  
,i have been able to discover concerning
 the existence or condition of this     
unhappy people4 ,that they were much    
more broken and reduced than any other  
nation which had fallen under the       
,german power ,i think may be inferred  
from two considerations4 ,first1 that in
 all other parts of ,europe the ancient 
language subsisted after the conquest1  
and at length incorporated with that of 
the conquerors2 whereas in ,england the 
,saxon language received little or no   
tincture from the ,welsh2 and it seems1 
even among the lowest people1 to have   
continued a dialect of pure ,teutonic to
 the time in which it was itself blended
 with the ,norman4 ,secondly1 that on   
the continent the ,christian religion1  
after the ,northern irruptions1 not only
 remained1 but flourished4 ,it was very 
early and universally adopted by the    
ruling people4 ,in ,england it was so   

entirely extinguished1 that1 when       
,augustin undertook his mission1 it does
 not appear that among all the ,saxons  
there was a single person professing    
,christianity4  ,sidenote3 ,a4,d4 #ejj  
,the sudden extinction of the ancient   
religion1 and language appears          
sufficient to show that ,britain must   
have suffered more than any of the      
neighboring nations on the continent4   
,but it must not be concealed that there
 are likewise proofs that the ,british  
race1 though much diminished1 was not   
wholly extirpated1 and that those who   
remained were not1 merely as ,britons1  
reduced to servitude4 ,for they are     
mentioned as existing in some of the    
earlier ,saxon laws4 ,in these laws they
 are allowed a compensation on the      
footing of the meaner kind of ,english2 
and they are even permitted1 as well as 
the ,english1 to emerge out of that low 
rank into a more liberal condition4     
,this is degradation1 but not           
slavery4#bg ,the affairs of that whole  

period are1 however1 covered with an    
obscurity not to be dissipated4 ,the    
,britons had little leisure or ability  
to write a just account of a war by     
which they were ruined2 and the         
,anglo-,saxons who succeeded them1      
attentive only to arms1 were1 until     
their conversion1 ignorant of the use of
 letters4  ,it is on this darkened      
theatre that some old writers have      
introduced those characters and actions 
which have afforded such ample matter to
 poets and so much perplexity to        
historians4 ,this is the fabulous and   
heroic age of our nation4 ,after the    
natural and just representations of the 
,roman scene1 the stage is again crowded
 with enchanters1 giants1 and all the   
extravagant images of the wildest and   
most remote antiquity4 ,no personage    
makes so conspicuous a figure in these  
stories as ,king ,arthur3 a prince      
whether of ,british or ,roman origin1   
whether born on this island or in       
,amorica1 is uncertain2 but it appears  

that he opposed the ,saxons with        
remarkable virtue and no small degree of
 success1 which has rendered him and his
 exploits so large an argument of       
romance that both are almost disclaimed 
by history4 ,light scarce begins to dawn
 until the introduction of              
,christianity1 which1 bringing with it  
the use of letters and the arts of civil
 life1 affords at once a juster account 
of things and facts that are more worthy
 of relation3 nor is there1 indeed1 any 
revolution so remarkable in the ,english
 story4  ,the bishops of ,rome had for  
some time meditated the conversion of   
the ,anglo-,saxons4 ,pope ,gregory1 who 
is surnamed the ,great1 affected that   
pious design with an uncommon zeal2 and 
he at length found a circumstance highly
 favorable to it in the marriage of a   
daughter of ,charibert1 a king of the   
,franks1 to the reigning monarch of     
,kent4 ,this opportunity induced ,pope  
,gregory to commission ,augustin1 a monk
 of ,rheims1 and a man of distinguished 

piety1 to undertake this arduous        
enterprise4  ,sidenote3 ,a4,d4 #fjj  ,it
 was in the year of ,christ #fjj1 and   
#aej years after the coming of the first
 ,saxon colonies into ,england1 that    
,ethelbert1 king of ,kent1 received     
intelligence of the arrival in his      
dominions of a number of men in a       
foreign garb1 practising several strange
 and unusual ceremonies1 who desired to 
be conducted to the king's presence1    
declaring that they had things to       
communicate to him and to his people of 
the utmost importance to their eternal  
welfare4 ,this was ,augustin1 with forty
 of the associates of his mission1 who  
now landed in the ,isle of ,thanet1 the 
same place by which the ,saxons had     
before entered1 when they extirpated    
,christianity4  ,the king heard them in 
the open air1 in order to defeat1#bh    
upon a principle of ,druidical          
superstition1 the effects of their      
enchantments4 ,augustin spoke by a      
,frankish interpreter4 ,the ,franks and 

,saxons were of the same origin1 and    
used at that time the same language4 ,he
 was favorably received2 and a place in 
the city of ,canterbury1 the capital of 
,kent1 was allotted for the residence of
 him and his companions4 ,they entered  
,canterbury in procession1 preceded by  
two persons who bore a silver cross and 
the figure of ,christ painted on a      
board1 singing1 as they went1 litanies  
to avert the wrath of ,god from that    
city and people4  ,the king was among   
their first converts4 ,tho principal of 
his nobility1 as usual1 followed that   
example1 moved1 as it is related1 by    
many signal miracles1 but undoubtedly by
 the extraordinary zeal of the          
missionaries1 and the pious austerity of
 their lives4 ,the new religion1 by the 
protection of so respected a prince1 who
 held under his dominion or influence   
all the countries to the southward of   
the ,humber1 spread itself with great   
rapidity4 ,paganism1 after a faint      
resistance1 everywhere gave way4 ,and1  

indeed1 the chief difficulties which    
,christianity had to encounter did not  
arise so much from the struggles of     
opposite religious prejudices as from   
the gross and licentious manners of a   
barbarous people4 ,one of the ,saxon    
princes expelled the ,christians from   
his territory because the priest refused
 to give him some of that white bread   
which he saw distributed to his         
congregation4  ,it is probable that the 
order of ,druids either did not at all  
subsist amongst the ,anglo-,saxons1 or  
that at this time it had declined not a 
little from its ancient authority and   
reputation2 else it is not easy to      
conceive how they admitted so readily a 
new system1 which at one stroke cut off 
from their character its whole          
importance4 ,we even find some chiefs of
 the ,pagan priesthood amongst the      
foremost in submitting to the new       
doctrine4 ,on the first preaching of the
 ,gospel in ,northumberland1 the heathen
 pontiff of that territory immediately  

mounted a horse1 which to those of his  
order was unlawful1 and1 breaking into  
the sacred inclosure1 hewed to pieces   
the idol he had so long served4#bi  ,if 
the order of the ,druids did not subsist
 amongst the ,saxons1 yet the chief     
objects of their religion appear to have
 been derived from that fountain4 ,they1
 indeed1 worshipped several idols under 
various forms of men and beasts2 and    
those gods to whom they dedicated the   
days of the week bore in their          
attributes1 and in the particular days  
that were consecrated to them1 though   
not in their names1 a near resemblance  
to the divinities of ancient ,rome4 ,but
 still the great and capital objects of 
their worship were taken from           
,druidism1--trees1 stones1 the elements1
 and the heavenly bodies4#cj ,these were
 their principal devotions1 laid the    
strongest hold upon their minds1 and    
resisted the progress of the ,christian 
religion with the greatest obstinacy3   
for we find these superstitions         

forbidden amongst the latest ,saxon     
laws4 ,a worship which stands in need of
 the memorial of images or books to     
support it may perish when these are    
destroyed2 but when a superstition is   
established upon those great objects of 
,nature which continually solicit the   
senses1 it is extremely difficult to    
turn the mind from things that in       
themselves are striking1 and that are   
always present4 ,amongst the objects of 
this class must be reckoned the goddess 
,eostre1 who1 from the etymology of the 
name1 as well as from the season sacred 
to her1 was probably that beautiful     
planet which the ,greeks and ,romans    
worshipped under the names of ,lucifer  
and ,venus4 ,it is from this goddess    
that in ,england the paschal festival   
has been called ,easter4#ca ,to these   
they joined the reverence of various    
subordinate genii1 or demons1 fairies1  
and goblins1--fantastical ideas1 which1 
in a state of uninstructed ,nature1 grow
 spontaneously out of the wild fancies  

or fears of men4 ,thus1 they worshipped 
a sort of goddess1 whom they called     
,mara1 formed from those frightful      
appearances that oppress men in their   
sleep2 and the name is still retained   
among us4#cb  ,as to the manners of the 
,anglo-,saxons1 they were such as might 
be expected in a rude people1--fierce1  
and of a gross simplicity4 ,their       
clothes were short4 ,as all barbarians  
are much taken with exterior form1 and  
the advantages and distinctions which   
are conferred by ,nature1 the ,saxons   
set an high value on comeliness of      
person1 and studied much to improve it4 
,it is remarkable that a law of ,king   
,ina orders the care and education of   
foundlings to be regulated by their     
beauty4#cc ,they cherished their hair to
 a great length1 and were extremely     
proud and jealous of this natural       
ornament4 ,some of their great men were 
distinguished by an appellative taken   
from the length of their hair4#cd ,to   
pull the hair was punishable2#ce and    

forcibly to cut or injure it was        
considered in the same criminal light   
with cutting off the nose or thrusting  
out the eyes4 ,in the same design of    
barbarous ornament1 their faces were    
generally painted and scarred4 ,they    
were so fond of chains and bracelets    
that they have given a surname to some  
of their kings from their generosity in 
bestowing such marks of favor4#cf  ,few 
things discover the state of the arts   
amongst people more certainly than the  
presents that are made to them by       
foreigners4 ,the ,pope1 on his first    
mission into ,northumberland1 sent to   
the queen of that country some stuffs   
with ornaments of gold1 an ivory comb   
inlaid with the same metal1 and a silver
 mirror4 ,a queen's want of such female 
ornaments and utensils shows that the   
arts were at this time little cultivated
 amongst the ,saxons4 ,these are the    
sort of presents commonly sent to a     
barbarous people4  ,thus ignorant in    
sciences and arts1 and unpractised in   

trade or manufacture1 military          
exercises1 war1 and the preparation for 
war1 was their employment1 hunting their
 pleasure4 ,they dwelt in cottages of   
wicker-work plastered with clay and     
thatched with rushes1 where they sat    
with their families1 their officers and 
domestics1 round a fire made in the     
middle of the house4 ,in this manner    
their greatest princes lived amidst the 
ruins of ,roman magnificence4 ,but the  
introduction of ,christianity1 which1   
under whatever form1 always confers such
 inestimable benefits on mankind1 soon  
made a sensible change in these rude and
 fierce manners4  ,it is by no means    
impossible1 that1 for an end so worthy1 
,providence on some occasions might     
directly have interposed4 ,the books    
which contain the history of this time  
and change are little else than a       
narrative of miracles1--frequently1     
however1 with such apparent marks of    
weakness or design that they afford     
little encouragement to insist on them4 

,they were then received with a blind   
credulity3 they have been since rejected
 with as undistinguishing a disregard4  
,but as it is not in my design nor      
inclination1 nor indeed in my power1    
either to establish or refute these     
stories1 it is sufficient to observe1   
that the reality or opinion of such     
miracles was the principal cause of the 
early acceptance and rapid progress of  
,christianity in this island4 ,other    
causes undoubtedly concurred2 and it    
will be more to our purpose to consider 
some of the human and politic ways by   
which religion was advanced in this     
nation1 and those more particularly by  
which the monastic institution1 then    
interwoven with ,christianity1 and      
making an equal progress with it1       
attained to so high a pitch1 of property
 and power1 so as1 in a time extremely  
short1 to form a kind of order1 and that
 not the least considerable1 in the     
state4  ,,footnotes3  #bg ,leges ,in1   
#cb1 ,de ,cambrico ,homine ,agrum       

possidente4--,id4 #ed  #bh ,veteri usus 
augurio1 says ,henry of ,huntingdon1 p4 
#cba4  #bi ,bede1 ,hist4 ,eccl4 ,lib4   
,,ii4 c #ac4  #cj ,deos gentiles1 et    
solem vel lunam1 ignem vel fluvium1     
torrentem vel saxa1 vel alicujus generis
 arborum ligna4--,l4 ,cnut4             
#e4--,superstitiosus ille conventus1 qui
 ,frithgear dicitur1 circa lapidem1     
arborem1 fontem4--,leg4 ,presb4         
,northumb4  #ca ,spelman's ,glossary1   
,tit4 eod4  #cb ,the night-mare4  #cc   
,l4 ,in1 #bf4  #cd ,oslacus 444 promiss 
csarie heros4--,chron4 ,saxon4 #abc4    
#ce ,l4 lfred4 #ca4 ,l4 ,cnut4 apud     
,brompt4 #bg4  #cf ,eadgarus nobilibus  
torquium largitor4--,chron4 ,sax4 #abc  
,bed4 ,hist4 ,eccl4 ,lib4 ,,iv4 c4 #bi4 
,,chapter ,,ii4  ,,establishment ,,of   
,,christianity--,,of ,,monastic         
,,institutions--,,and ,,of ,,their      
,,effects4   ,the marriage of ,ethelbert
 to a ,christian princess was1 we have  
seen1 a means of introducing            
,christianity into his dominions4 ,the  

same influence contributed to extend it 
in the other kingdoms of the ,heptarchy1
 the sovereigns of which were generally 
converted by their wives4 ,among the    
ancient nations of ,germany1 the female 
sex was possessed not only of its       
natural and common ascendant1 but it was
 believed peculiarly sacred1#cg and     
favored with more frequent revelations  
of the ,divine will2 women were         
therefore heard with an uncommon        
attention in all deliberations1 and     
particularly in those that regarded     
religion4 ,the ,pagan superstition of   
the ,north furnished1 in this instance1 
a principle which contributed to its own
 destruction4  ,in the change of        
religion1 care was taken to render the  
transition from falsehood to truth as   
little violent as possible4 ,though the 
first proselytes were kings1 it does not
 appear that there was any persecution4 
,it was a precept of ,pope ,gregory1    
under whose auspices this mission was   
conducted1 that the heathen temples     

should not be destroyed1 especially     
where they were well built1--but that1  
first removing the idols1 they should be
 consecrated anew by holier rites and to
 better purposes1#ch in order that the  
prejudices of the people might not be   
too rudely shocked by a declared        
profanation of what they had so long    
held sacred1 and that1 everywhere       
beholding the same places to which they 
had formerly resorted for religious     
comfort1 they might be gradually        
reconciled to the new doctrines and     
ceremonies which1 were there introduced2
 and as the sacrifices used in the      
,pagan worship were always attended with
 feasting1 and consequently were highly 
grateful to the multitude1 the ,pope    
ordered that oxen1 should as usual be   
slaughtered near the church1 and the    
people indulged in their ancient        
festivity4#ci ,whatever popular customs 
of heathenism were found to be          
absolutely not incompatible with        
,christianity were retained2 and some of

 them were continued to a very late     
period4 ,deer were at a certain season  
brought into ,st4 ,paul's church in     
,london1 and laid on the altar2#dj and  
this custom subsisted until the         
,reformation4 ,the names of some of the 
,church festivals were1 with a similar  
design1 taken from those of the heathen 
which had been celebrated at the same   
time of the year4 ,nothing could have   
been more prudent than these            
regulations3 they were1 indeed1 formed  
from a perfect understanding of human   
nature4  ,whilst the inferior people    
were thus insensibly led into a better  
order1 the example and countenance of   
the great completed the work4 ,for the  
,saxon kings and ruling men embraced    
religion with so signal1 and in their   
rank so unusual a zeal1 that in many    
instances they even sacrificed to its   
advancement the prime objects of their  
ambition4 ,wulfhere1 king of the ,west  
,saxons1 bestowed the ,isle of ,wight on
 the king of ,sussex1 to persuade him to

 embrace ,christianity4#da ,this zeal   
operated in the same manner in favor of 
their instructors4 ,the greatest kings  
and conquerors frequently resigned their
 crowns and shut themselves up in       
monasteries4 ,when kings became monks1 a
 high lustre was reflected upon the     
monastic state1 and great credit accrued
 to the power of their doctrine1 which  
was able to produce such extraordinary  
effects upon persons over whom religion 
has commonly the slightest influence4   
,the zeal of the missionaries was also  
much assisted by their superiority in   
the arts of civil life4 ,at their first 
preaching in ,sussex1 that country was  
reduced to the greatest distress from a 
drought1 which had continued for three  
years4 ,the barbarous inhabitants1      
destitute of any means to alleviate the 
famine1 in an epidemic transport of     
despair frequently united forty and     
fifty in a body1 and1 joining their     
hands1 precipitated themselves from the 
cliffs1 and were either drowned or      

dashed to pieces on the rocks4 ,though a
 maritime people1 they knew not how to  
fish2 and this ignorance probably arose 
from a remnant of ,druidical            
superstition1 which had forbidden the   
use of that sort of diet4 ,in this      
calamity1 ,bishop ,wilfrid1 their first 
preacher1 collecting nets1 at the head  
of his attendants1 plunged into the sea2
 and having opened this great resource  
of food1 he reconciled the desperate    
people to life1 and their minds to the  
spiritual care of those who had shown   
themselves so attentive to their        
temporal preservation4#db  ,the same    
regard to the welfare of the people     
appeared in all their actions4 ,the     
,christian kings sometimes made         
donations to the ,church of lands       
conquered from their heathen enemies4   
,the clergy immediately baptized and    
manumitted their new vassals4 ,thus they
 endeared to all sorts of men doctrines 
and teachers which could mitigate the   
rigorous law of conquest2 and they      

rejoiced to see religion and liberty    
advancing with1 an equal progress4 ,nor 
were the monks in this time in anything 
more worthy of praise than in their zeal
 for personal freedom4 ,in the canon    
wherein they provided against the       
alienation of their lands1 among other  
charitable exceptions to this restraint 
they particularize the purchase of      
liberty#dc4 ,in their transactions with 
the great the same point was always     
strenuously labored4 ,when they imposed 
penance1 they were remarkably indulgent 
to persons of that rank2 but they always
 made them purchase the remission of    
corporal austerity by acts of           
beneficence4 ,they urged their powerful 
penitents to the enfranchisement of     
their own slaves1 and to the redemption 
of those which belonged to others2 they 
directed them to the repair of highways1
 and to the construction of churches1   
bridges1 and other works of general     
utility4#dd ,they extracted the fruits  
of virtue even from crimes2 and whenever

 a great man expiated his private       
offences1 he provided in the same act   
for the public happiness4 ,the          
monasteries were then the only bodies   
corporate in the kingdom2 and if any    
persons were desirous to perpetuate     
their charity by a fund for the relief  
of the sick or indigent1 there was no   
other way than to confide this trust to 
some monastery4 ,the monks were the sole
 channel through which the bounty of the
 rich could pass in any continued stream
 to the poor2 and the people turned     
their eyes towards them in all their    
distresses4 ,we must observe1 that the  
monks of that time1 especially those    
from ,ireland1#de who had a considerable
 share in the conversion of all the     
northern parts1 did not show that       
rapacious desire of riches which long   
disgraced and finally ruined their      
successors4 ,not only did they not seek1
 but seemed even to shun such donations4
 ,this prevented that alarm which might 
have arisen from an early and declared  

avarice4 ,at this time the most fervent 
and holy anchorites retired to places   
the furthest that could be found from   
human concourse and help1 to the most   
desolate and barren situations1 which   
even from their horror seemed           
particularly adapted to men who had     
renounced the world4 ,many persons      
followed them in order to partake of    
their instructions and prayers1 or to   
form themselves upon their example4 ,an 
opinion of their miracles after their   
death drew still greater numbers4       
,establishments were gradually made4    
,the monastic life was frugal1 and the  
government moderate4 ,these causes drew 
a constant concourse4 ,sanctified       
deserts assumed a new face2 the marshes 
were drained1 and the lands cultivated4 
,and as this revolution seemed rather   
the effect of the holiness of the place 
than of any natural causes1 it increased
 their credit2 and every improvement    
drew with it a new donation4 ,in this   
manner the great abbeys of ,croyland and

 ,glastonbury1 and many others1 from the
 most obscure beginnings1 were advanced 
to a degree of wealth and splendor      
little less than royal4  ,in these rude 
ages government was not yet fixed upon  
solid principles1 and everything was    
full of tumult and distraction4 ,as the 
monasteries were better secured from    
violence by their character than any    
other places by laws1 several great men1
 and even sovereign princes1 were       
obliged to take refuge in convents2 who1
 when1 by a more happy revolution in    
their fortunes1 they were reinstated in 
their former dignities1 thought they    
could never make a sufficient return for
 the safety they had enjoyed under the  
sacred hospitality of these roofs4 ,not 
content to enrich them with ample       
possessions1 that others also might     
partake of the protection they had      
experienced1 they formally erected into 
an asylum those monasteries1 and their  
adjacent territory4 ,so that all        
thronged to that refuge who were        

rendered unquiet by their crimes1 their 
misfortunes1 or the severity of their   
lords2 and content to live under a      
government to which their minds were    
subject1 they raised the importance of  
their masters by their numbers1 their   
labor1 and1 above all1 by an inviolable 
attachment4  ,the monastery was always  
the place of sepulture for the greatest 
lords and kings4 ,this added to the     
other causes of reverence a sort of     
sanctity1 which1 in universal opinion1  
always attends the repositories of the  
dead3 and they acquired also thereby a  
more particular protection against the  
great and powerful2 for who would       
violate the tomb of his ancestors or his
 own8 ,it was not an unnatural weakness 
to think that some advantage might be   
derived from lying in holy places and   
amongst holy persons3 and this          
superstition was fomented with the      
greatest industry and art4 ,the monks of
 ,glastonbury spread a notion that it   
was almost impossible any person should 

be damned whose body lay in their       
cemetery4 ,this must be considered as   
coming in aid of the amplest of their   
resources1 prayer for the dead4  ,but   
there was no part of their policy1 of   
whatever nature1 that procured to them a
 greater or juster credit than their    
cultivation of learning and useful arts3
 for1 if the monks contributed to the   
fall of science in the ,roman ,empire1  
it is certain that the introduction of  
learning and civility into this         
,northern world is entirely owing to    
their labors4 ,it is true that they     
cultivated letters only in a secondary  
way1 and as subsidiary to religion4 ,but
 the scheme of ,christianity is such    
that it almost necessitates an attention
 to many kinds of learning4 ,for the    
,scripture is by no means an irrelative 
system of moral and divine truths2 but  
it stands connected with so many        
histories1 and with the laws1 opinions1 
and manners of so many various sorts of 
people1 and in such different times1    

that it is altogether impossible to     
arrive to any tolerable knowledge of it 
without having recourse to much exterior
 inquiry3 for which reason the progress 
of this religion has always been marked 
by that of letters4 ,there were two     
other circumstances at this time that   
contributed no less to the revival of   
learning4 ,the sacred writings had not  
been translated into any vernacular     
language1 and even the ordinary service 
of the ,church was still continued in   
the ,latin tongue2 all1 therefore1 who  
formed themselves for the ministry1 and 
hoped to make any figure in it1 were in 
a manner driven to the study of the     
writers of polite antiquity1 in order to
 qualify themselves for their most      
ordinary functions4 ,by this means a    
practice liable in itself to great      
objections had a considerable share in  
preserving the wrecks of literature1 and
 was one means of conveying down to our 
times those inestimable monuments which 
otherwise1 in the tumult of barbarous   

confusion on one hand1 and untaught     
piety on the other1 must inevitably have
 perished4 ,the second circumstance1 the
 pilgrimages of that age1 if considered 
in itself1 was as liable to objection as
 the former2 but it proved of equal     
advantage to the cause of literature4 ,a
 principal object of these pious        
journeys was ,rome1 which contained all 
the little that was left in the ,western
 world of ancient learning and taste4   
,the other great object of those        
pilgrimages was ,jerusalem3 this led    
them into the ,grecian ,empire1 which   
still subsisted in the ,east with great 
majesty and power4 ,here the ,greeks had
 not only not discontinued the ancient  
studies1 but they added to the stock of 
arts many inventions of curiosity and   
convenience that were unknown to        
antiquity4 ,when1 afterwards1 the       
,saracens prevailed in that part of the 
world1 the pilgrims had also by the same
 means an opportunity of profiting from 
the improvements of that laborious      

people2 and however little the majority 
of these pious travellers might have had
 such objects in their view1 something  
useful must unavoidably have stuck to   
them2 a few certainly saw with more     
discernment1 and rendered their travels 
serviceable to their country by         
importing other things besides miracles 
and legends4 ,thus a communication was  
opened between this remote island and   
countries of which it otherwise could   
then scarcely have heard mention made2  
and pilgrimages thus preserved that     
intercourse amongst mankind which is now
 formed by politics1 commerce1 and      
learned curiosity4  ,it is not wholly   
unworthy of observation1 that           
,providence1 which strongly appears to  
have intended the continual intermixture
 of mankind1 never leaves the human mind
 destitute of a principle to effect it4 
,this purpose is sometimes carried on by
 a sort of migratory instinct1 sometimes
 by the spirit of conquest2 at one time 
avarice drives men from their homes1 at 

another they are actuated by a thirst of
 knowledge2 where none of these causes  
can operate1 the sanctity of particular 
places attracts men from the most       
distant quarters4 ,it was this motive   
which sent thousands in those ages to   
,jerusalem and ,rome1 and now1 in a full
 tide1 impels half the world annually to
 ,mecca4  ,by those voyages the seeds of
 various kinds of knowledge and         
improvement were at different times     
imported into ,england4 ,they were      
cultivated in the leisure and retirement
 of monasteries2 otherwise they could   
not have been cultivated at all3 for it 
was altogether necessary to draw certain
 men from the general rude and fierce   
society1 and wholly to set a bar between
 them and the barbarous life of the rest
 of the world1 in order to fit them for 
study and the cultivation of arts and   
science4 ,accordingly1 we find          
everywhere in the first institutions for
 the propagation of knowledge amongst   
any people1 that those who followed it  

were set apart and secluded from the    
mass of the community4  ,sidenote3      
,a4,d4 #fhb  ,the great ecclesiastical  
chair of this kingdom1 for near a       
century1 was filled by foreigners4 ,they
 were nominated by the ,popes1 who were 
in that age just or politic enough to   
appoint persons of a merit in some      
degree adequate to that important       
charge4 ,through this series of foreign 
and learned prelates1 continual         
accessions were made to the originally  
slender stock of ,english literature4   
,the greatest and most valuable of these
 accessions was made in the time and by 
the care of ,theodorus1 the seventh     
,archbishop of ,canterbury4 ,he was a   
,greek by birth1 a man of a high        
ambitious spirit1 and of a mind more    
liberal and talents better cultivated   
than generally fell to the lot of the   
,western prelates4 ,he first introduced 
the study of his native language into   
this island4 ,he brought with him a     
number of valuable books in many        

faculties1 and amongst them a           
magnificent copy of the works of ,homer1
 the most ancient and best of poets1 and
 the best chosen to inspire a people    
just initiated into letters with an     
ardent love and with a true taste for   
the sciences4 ,under his influence a    
school was formed at ,canterbury2 and   
thus the other great fountain of        
knowledge1 the ,greek tongue1 was opened
 in ,england in the year of our ,lord   
#ffi4  ,the southern parts of ,england  
received their improvements directly    
through the channel of ,rome4 ,the      
kingdom of ,northumberland1 as soon as  
it was converted1 began to contend with 
the southern provinces in an emulation  
of piety and learning4 ,the             
ecclesiastics then there8 also kept up  
and profited by their intercourse with  
,rome2 but they found their principal   
resources of knowledge from another and 
a more extraordinary quarter4 ,the      
island of ,hii1 or ,columbkill1#df is a 
small and barren rock in the ,western   

,ocean4 ,but in those days it was high  
in reputation as the site of a monastery
 which had acquired great renown for the
 rigor of its studies and the severity  
of its ascetic discipline4 ,its         
authority was extended over all the     
northern parts of ,britain and ,ireland2
 and the monks of ,hii even exercised   
episcopal jurisdiction over all those   
regions4 ,they had a considerable share 
both in the religious and literate      
institution of the ,northumbrians4      
,another island1 of still less          
importance1 in the mouth of the ,tees   
,tweed81 and called ,lindisfarne1 was   
about this time sanctified by the       
austerities of an hermit called         
,cuthbert4 ,it soon became also a very  
celebrated monastery4 ,it was1 from a   
dread of the ravages of pirates1 removed
 first to the adjacent part of the      
continent1 and on the same account      
finally to ,durham4 ,the heads of this  
monastery omitted nothing which could   
contribute to the glory of their founder

 and to the dignity of their house1     
which became1 in a very short time1 by  
their assiduous endeavors1 the most     
considerable school perhaps in ,europe4 
,the great and justest boast of this    
monastery is the ,venerable ,beda1 who  
was educated and spent his whole life   
there4 ,an account of his writings is an
 account of the ,english learning in    
that age1 taken in its most advantageous
 view4 ,many of his works remain1 and he
 wrote both in prose and verse1 and upon
 all sorts of subjects4 ,his theology   
forms the most considerable part of his 
writings4 ,he wrote comments upon almost
 the whole ,scripture1 and several      
homilies on the principal festivals of  
the ,church4 ,both the comments and     
sermons are generally allegorical in the
 construction of the text1 and simply   
moral in the application4 ,in these     
discourses several things seem strained 
and fanciful2 but herein he followed    
entirely the manner of the earlier      
fathers1 from whom the greatest part of 

his divinity is not so much imitated as 
extracted4 ,the systematic and logical  
method1 which seems to have been first  
introduced into theology by ,john of    
,damascus1 and which after wards was    
known by the name of ,school ,divinity1 
was not then in use1 at least in the    
,western ,church1 though soon after it  
made an amazing progress4 ,in this      
scheme the allegorical gave way to the  
literal explication1 the imagination had
 less scope1 and the affections were    
less touched4 ,but it prevailed by an   
appearance more solid and philosophical1
 by an order more scientific1 and by a  
readiness of application either for the 
solution or the exciting of doubts and  
difficulties4  ,they also cultivated in 
this monastery the study of natural     
philosophy and astronomy4 ,there remain 
of ,beda one entire book and some       
scattered essays on these subjects4     
,this book1 ,de ,rerum ,natura1 is      
concise and methodical1 and contains no 
very contemptible abstract of the       

physics which were taught in the decline
 of the ,roman ,empire4 ,it was somewhat
 unfortunate that the infancy of        
,english learning was supported by the  
dotage of the ,roman1 and that even the 
spring-head from whence they drew their 
instructions was itself corrupted4      
,however1 the works of the great masters
 of the ancient science still remained2 
but in natural philosophy the worst was 
the most fashionable4 ,the ,epicurean   
physics1 the most approaching to        
rational1 had long lost all credit by   
being made the support of an impious    
theology and a loose morality4 ,the fine
 visions of ,plato fell into some       
discredit by the abuse which heretics   
had made of them2 and the writings of   
,aristotle seem to have been then the   
only ones much regarded1 even in natural
 philosophy1 in which branch of science 
alone they are unworthy of him4 ,beda   
entirely follows his system4 ,the       
appearances of ,nature are explained by 
matter and form1 and by the four vulgar 

elements1 acted upon by the four        
supposed qualities of hot1 dry1 moist1  
and cold4 ,his astronomy is on the      
common system of the ancients1          
sufficient for the few purposes to which
 they applied it1 but otherwise         
imperfect and grossly erroneous4 ,he    
makes the moon larger than the earth2   
though a reflection on the nature of    
eclipses1 which he understood1 might    
have satisfied him of the contrary4 ,but
 he had so much to copy that he had     
little time to examine4 ,these          
speculations1 however erroneous1 were   
still useful2 for1 though men err in    
assigning the causes of natural         
operations1 the works of ,nature are by 
this means brought under their          
consideration1 which cannot be done     
without enlarging the mind4 ,the science
 may be false or frivolous2 the         
improvement will be real4 ,it may here  
be remarked1 that soon afterwards the   
monks began to apply themselves to      
astronomy and chronology1 from the      

disputes1 which were carried on with so 
much heat and so little effect1         
concerning the proper time of           
celebrating ,easter2 and the ,english   
owed the cultivation of these noble     
sciences to one of the most trivial     
controversies of ecclesiastic           
discipline4  ,beda did not confine his  
attention to those superior sciences4   
,he treated of music1 and of rhetoric1  
of grammar1 and the art of              
versification1 and of arithmetic1 both  
by letters and on the fingers2 and his  
work on this last subject is the only   
one in which that piece of antique      
curiosity has been preserved to us4 ,all
 these are short pieces2 some of them   
are in the catechetical method1 and seem
 designed for the immediate use of the  
pupils in his monastery1 in order to    
furnish them with some leading ideas in 
the rudiments of these arts1 then newly 
introduced into his country4 ,he        
likewise made1 and probably for the same
 purpose1 a very ample and valuable     

collection of short philosophical1      
political1 and moral maxims1 from       
,aristotle1 ,plato1 ,seneca1 and other  
sages of heathen antiquity4 ,he made a  
separate book of shining commonplaces   
and remarkable passages extracted from  
the works of ,cicero1 of whom he was a  
great admirer1 though he seems to have  
been not an happy or diligent imitator  
in his style4 ,from a view of these     
pieces we may form an idea of what stock
 in the science the ,english at that    
time possessed1 and what advances they  
had made4 ,that work of ,beda which is  
the best known and most esteemed is the 
,ecclesiastical ,history of the ,english
 nation4 ,disgraced by a want of choice 
and frequently by a confused ill        
disposition of his matter1 and blemished
 with a degree of credulity next to     
infantine1 it is still a valuable1 and  
for the time a surprising performance4  
,the book opens with a description of   
this island which would not have        
disgraced a classical author2 and he has

 prefixed to it a chronological         
abridgment of sacred and profane history
 connected1 from the beginning of the   
world1 which1 though not critically     
adapted to his main design1 is of far   
more intrinsic value1 and indeed        
displays a vast fund of historical      
erudition4 ,on the whole1 though this   
father of the ,english learning seems to
 have been but a genius of the middle   
class1 neither elevated nor subtile1 and
 one who wrote in a low style1 simple1  
but not elegant1 yet1 when we reflect   
upon the time in which he lived1 the    
place in which he spent his whole life1 
within the walls of a monastery1 in so  
remote and wild a country1 it is        
impossible to refuse him the praise of  
an incredible industry and a generous   
thirst of knowledge4  ,that a nation who
 not fifty years before had but just    
begun to emerge from a barbarism so     
perfect that they were unfurnished even 
with an alphabet should in so short a   
time have established so flourishing a  

seminary of learning1 and have produced 
so eminent a teacher1 is a circumstance 
which ,i imagine no other nation besides
 ,england can boast4  ,hitherto we have 
spoken only of their ,latin and ,greek  
literature4 ,they cultivated also their 
native language1 which1 according to the
 opinions of the most adequate judges1  
was deficient neither in energy nor     
beauty1 and was possessed of such an    
happy flexibility as to be capable of   
expressing with grace and effect every  
new technical idea introduced either by 
theology or science4 ,they were fond of 
poetry2 they sung at all their feasts2  
and it was counted extremely disgraceful
 not to be able to take a part in these 
performances1 even when they challenged 
each other to a sudden exertion of the  
poetic spirit4 ,cdmon1 afterwards one of
 the most eminent of their poets1 was   
disgraced in this manner into an        
exertion of a latent genius4 ,he was    
desired in his turn to sing1 but1 being 
ignorant and full of natural            

sensibility1 retired in confusion from  
the company1 and by instant and         
strenuous application soon became a     
distinguished proficient in the art4    
,,footnotes3  #cg ,inesse quinetiam     
sanctum aliquid et providum putant2 nec 
aut consilia carum aspernantur aut      
responsa negligunt4--,tacit4 de ,mor4   
,ger4 c4 #h4  #ch ,bed4 ,hist4 ,eccl4   
,lib4 ,i4 c4 #cj4  #ci ,id4 c4 cod4  #dj
 ,dugdale's ,history of ,st4 ,paul's4   
#da ,bed4 ,hist4 ,eccl4 ,lib4 ,,iv4 c4  
#ac4  #db ,bed4 ,hist4 ,eccl4 ,lib ,,iv4
 c4 #ac4  #dc ,spelm4 ,concil4 p4 #cbi4 
#dd ,instauret etiam ,dei ecclesiam2 444
 et instauret vias publicas pontibus    
super aquas profundas et super cnosas   
vias2 444 manumittat servos suos        
proprios1 et redimat ab aliis hominibus 
servos suos ad libertatem4--,l ,eccl4   
,edgari1 #ad4  #de ,aidanus1 ,finan1    
,colmannus mir sanctitatis fuerunt et   
parsimoni4444 ,adeo autem sacerdotes    
erant illius temporis ab avaritia       
immunes1 ut nec territoria nisi coacti  

acciperent4--,hen4 ,huntingd4 ,lib4     
,,iii4 p4 #ccc4 ,bed4 ,hist4 ,eccl4     
,lib4 ,,iii c4 #bf4  #df ,icolmkill1 or 
,iona4     ,,chapter ,,iii4  ,,series   
,,of ,,anglo-,,saxon ,,kings ,,from     
,,ethelbert ,,to ,,alfred3 ,,with ,,the 
,,invasion ,,of ,,the ,,danes4          
,sidenote3 ,a4,d4 #gii  ,the ,christian 
religion1 having once taken root in     
,kent1 spread itself with great rapidity
 throughout all the other ,saxon        
kingdoms in ,england4 ,the manners of   
the ,saxons underwent a notable         
alteration by this change in their      
religion3 their ferocity was much       
abated2 they became more mild and       
sociable2 and their laws began to       
partake of the softness of their        
manners1 everywhere recommending mercy  
and a tenderness for ,christian blood4  
,there never was any people who embraced
 religion with a more fervent zeal than 
the ,anglo-,saxons1 nor with more       
simplicity of spirit4 ,their history for
 a long time shows us a remarkable      

conflict between their dispositions and 
their principles4 ,this conflict        
produced no medium1 because they were   
absolutely contrary1 and both operated  
with almost equal violence4 ,great      
crimes and extravagant penances1 rapine 
and an entire resignation of worldly    
goods1 rapes and vows of perpetual      
chastity1 succeeded each other in the   
same persons4 ,there was nothing which  
the violence of their passions could not
 induce them to commit2 nothing to which
 they did not submit to atone for their 
offences1 when reflection gave an       
opportunity to repent4 ,but by degrees  
the sanctions of religion began to      
preponderate2 and as the monks at this  
time attracted all the religious        
veneration1 religion everywhere began to
 relish of the cloister3 an inactive    
spirit1 and a spirit of scruples        
prevailed2 they dreaded to put the      
greatest criminal to death2 they        
scrupled to engage in any worldly       
functions4 ,a king of the ,saxons       

dreaded that ,god would call him to an  
account for the time which he spent in  
his temporal affairs and had stolen from
 prayer4 ,it was frequent for kings to  
go on pilgrimages to ,rome or to        
,jerusalem1 on foot1 and under          
circumstances of great hardship4        
,several kings resigned their crowns to 
devote themselves to religious          
contemplation in monasteries1--more at  
that time and in this nation than in all
 other nations and in all times4 ,this1 
as it introduced great mildness into the
 tempers of the people1 made them less  
warlike1 and consequently prepared the  
way to their forming one body under     
,egbert1 and for the other changes which
 followed4  ,the kingdom of ,wessex1 by 
the wisdom and courage of ,king ,ina1   
the greatest legislator and politician  
of those times1 had swallowed up        
,cornwall1 for a while a refuge for some
 of the old ,britons1 together with the 
little kingdom of the ,south ,saxons4   
,by this augmentation it stretched from 

the ,land's ,end to the borders of      
,kent1 the ,thames flowing on the north1
 the ocean washing it on the south4 ,by 
their situation the people of ,wessex   
naturally came to engross the little    
trade which then fed the revenues of    
,england2 and their minds were somewhat 
opened by a foreign communication1 by   
which they became more civilized and    
better acquainted with the arts of war  
and of government4 ,such was the        
condition of the kingdom of ,wessex1    
when ,egbert was called to the throne of
 his ancestors4 ,the civil commotions   
which for some time prevailed had driven
 this prince early in life into an      
useful banishment4 ,he was honorably    
received at the court of ,charlemagne1  
where he had an opportunity of studying 
government in the best school1 and of   
forming himself after the most perfect  
model4 ,whilst ,charlemagne was reducing
 the continent of ,europe into one      
empire1 ,egbert reduced ,england into   
one kingdom4 ,the state of his own      

dominions1 perfectly united under him1  
with the other advantages which we have 
just mentioned1 and the state of the    
neighboring ,saxon governments1 made    
this reduction less difficult4 ,besides 
,wessex1 there were but two kingdoms of 
consideration in ,england1--,mercia and 
,northumberland4 ,they were powerful    
enough in the advantages of ,nature1 but
 reduced to great weakness by their     
divisions4 ,as there is nothing of more 
moment to any country than to settle the
 succession of its government on clear  
and invariable principles1 the ,saxon   
monarchies1 which were supported by no  
such principles1 were continually       
tottering4 ,the right of government     
sometimes was considered as in the      
eldest son1 sometimes in all2 sometimes 
the will of the deceased prince disposed
 of the crown1 sometimes a popular      
election bestowed it4 ,the consequence  
of this was the frequent division and   
frequent reunion of the same territory1 
which were productive of infinite       

mischief2 many various principles of    
succession gave titles to some1         
pretensions to more2 and plots1 cabals1 
and crimes could not be wanting to all  
the pretenders4 ,thus was ,mercia torn  
to pieces2 and the kingdom of           
,northumberland1 assaulted on one side  
by the ,scots1 and ravaged on the other 
by the ,danish incursions1 could not    
recover from a long anarchy into which  
its intestine divisions had plunged it4 
,egbert knew how to make advantage of   
these divisions3 fomenting them by his  
policy at first1 and quelling them      
afterwards by his sword1 he reduced     
these two kingdoms under his government4
 ,the same power which conquered ,mercia
 and ,northumberland made the reduction 
of ,kent and ,essex easy1--the people on
 all hands the more readily submitting1 
because there was no change made in     
their laws1 manners1 or the form of     
their government4  ,sidenote3 ,egbert   
,a4,d4 #hbg4  ,sidenote3 ,a4,d4 #hcb    
,egbert1 when he had brought all        

,england under his dominion1 made the   
,welsh tributary1 and carried his arms  
with success into ,scotland1 assumed the
 title of ,monarch of all ,britain4#dg  
,the southern part of the island was now
 for the first time authentically known 
by the name of ,england1 and by every   
appearance promised to have arrived at  
the fortunate moment for forming a      
permanent and splendid monarchy4 ,but   
,egbert had not reigned seven years in  
peace1 when the ,danes1 who had before  
showed themselves in some scattered     
parties1 and made some inconsiderable   
descents1 entered the kingdom in a      
formidable body4 ,this people came from 
the same place whence the ,english      
themselves were derived1 and they       
differed from them in little else than  
that they still retained their original 
barbarity and heathenism4 ,these1       
assisted by the ,norwegians1 and other  
people of ,scandinavia1 were the last   
torrent of the ,northern ravagers which 
overflowed ,europe4 ,what is remarkable1

 they attacked ,england and ,france when
 these two kingdoms were in the height  
of their grandeur1--,france under       
,charlemagne1 ,england united by        
,egbert4 ,the good fortune of ,egbert   
met its first check from these people1  
who defeated his forces with great      
slaughter near ,charmouth in            
,dorsetshire4 ,it generally happens that
 a new nation1 with a new method of     
making war1 succeeds against a people   
only exercised in arms by their own     
civil dissensions4 ,besides1 ,england1  
newly united1 was not without those     
jealousies and that disaffection which  
give such great advantage to an invader4
 ,but the vigilance and courage of      
,egbert repaired this defeat2 he        
repulsed the ,danes2 and died soon after
 at ,winchester1 full of years and      
glory4  ,sidenote3 ,ethelwolf ,a4,d4    
#hch  ,he left a great1 but an          
endangered succession1 to his son       
,ethelwolf1 who was a mild and virtuous 
prince1 full of a timid piety1 which    

utterly disqualifies for government2 and
 he began to govern at a time when the  
greatest capacity was wanted4 ,the      
,danes pour in upon every side2 the king
 rouses from his lethargy2 battles are  
fought with various success1 which it   
were useless and tedious to recount4    
,the event seems to have been1 that in  
some corners of the kingdom the ,danes  
gained a few inconsiderable settlements2
 the rest of the kingdom1 after being   
terribly ravaged1 was left a little time
 to recover1 in order to be plundered   
anew4 ,but the weak prince took no      
advantage of this time to concert a     
regular plan of defence1 or to rouse a  
proper spirit in his people4 ,yielding  
himself wholly to speculative devotion1 
he entirely neglected his affairs1 and1 
to complete the ruin of his kingdom1    
abandoned it1 in such critical          
circumstances1 to make a pilgrimage to  
,rome4 ,at ,rome he behaved in the      
manner that suited his little genius1 in
 making charitable foundations1 and in  

extending the ,rome-scot or             
,peter-pence1 which the folly of some   
princes of the ,heptarchy had granted   
for their particular dominions1 over the
 whole ,kingdom4 ,his shameful desertion
 of his country raised so general a     
discontent1 that in his absence his own 
son1 with the principal of his nobility 
and bishops1 conspired against him4 ,at 
his return1 he found1 however1 that     
several still adhered to him2 but here1 
too1 incapable of acting with rigor1 he 
agreed to an accommodation1 which placed
 the crown on the head of his rebellious
 son1 and only left to himself a sphere 
of government as narrow as his          
genius1--the district of ,kent1 whither 
he retired to enjoy an inglorious       
privacy with a wife whom he had married 
in ,france4  ,sidenote3 ,ethelred1      
,a4,d4 #hff  ,on his death1 his son     
,ethelred still held the crown1 which he
 had preoccupied by his rebellion1 and  
which he polluted with a new stain4 ,he 
married his father's widow4 ,the        

confused history of these times         
furnishes no clear account either of the
 successions of the kings or of their   
actions4 ,during the reign of this      
prince and his successors ,ethelbert and
 ,ethelred1 the people in several parts 
of ,england seem to have withdrawn from 
the kingdom of ,wessex1 and to have     
revived their former independency4      
,this1 added to the weakness of the     
government1 made way for new swarms of  
,danes1 who burst in upon this          
ill-governed and divided people1        
ravaging the whole country in a terrible
 manner1 but principally directing their
 fury against every monument of civility
 or piety4 ,they had now formed a       
regular establishment in                
,northumberland1 and gained a very      
considerable footing in ,mercia and     
,east ,anglia2 they hovered over every  
part of the kingdom with their fleets2  
and being established in many places in 
the heart of the country1 nothing seemed
 able to resist them4  ,,footnotes3  #dg

 ,no ,saxon monarch until ,athelstan4   
,,chapter ,,iv4  ,,reign ,,of ,,king    
,,alfred4   ,sidenote3 ,a4,d4 #hga      
,sidenote3 ,a4,d4 #hge  ,it was in the  
midst of these distractions that ,alfred
 succeeded to a sceptre which1 was      
threatened every moment to be wrenched  
from his hands4 ,he was then only       
twenty-two years of age1 but exercised  
from his infancy in troubles and in wars
 that formed and displayed his virtue4  
,some of its best provinces were torn   
from his kingdom1 which was shrunk to   
the ancient bounds of ,wessex2 and what 
remained was weakened by dissension1 by 
a long war1 by a raging pestilence1 and 
surrounded by enemies whose numbers     
seemed inexhaustible1 and whose fury was
 equally increased by victories or      
defeats4 ,all these difficulties served 
only to increase the vigor of his mind4 
,he took the field without delay2 but he
 was defeated with considerable loss4   
,this ominous defeat displayed more     
fully the greatness of his courage and  

capacity1 which found in desperate hopes
 and a ruined kingdom such powerful     
resources4 ,in a short time after he was
 in a condition to be respected3 but he 
was not led away by the ambition of a   
young warrior4 ,he neglected no measures
 to procure peace for his country1 which
 wanted a respite from the calamities   
which had long oppressed it4 ,a peace   
was concluded for ,wessex4 ,then the    
,danes turned their faces once more     
towards ,mercia and ,east ,anglia4 ,they
 had before stripped the inhabitants of 
all their movable substance1 and now    
they proceeded without resistance to    
seize upon their lands4 ,their success  
encouraged new swarms of ,danes to crowd
 over1 who1 finding all the northern    
parts of ,england possessed by their    
friends1 rushed into ,wessex4 ,they were
 adventurers under different and        
independent leaders2 and a peace little 
regarded by the particular party that   
made it had no influence at all upon the
 others4 ,alfred opposed this shock with

 so much firmness that the barbarians   
had recourse to a stratagem3 they       
pretended to treat2 but taking advantage
 of the truce1 they routed a body of the
 ,west ,saxon cavalry that were off     
their guard1 mounted their horses1 and1 
crossing the country with amazing       
celerity1 surprised the city of ,exeter4
 ,this was an acquisition of infinite   
advantage to their affairs1 as it       
secured them a port in the midst of     
,wessex4  ,alfred1 mortified at this    
series of misfortunes1 perceived clearly
 that nothing could dislodge the ,danes1
 or redress their continual incursions1 
but a powerful fleet which might        
intercept them at sea4 ,the want of     
this1 principally1 gave rise to the     
success of that people4 ,they used      
suddenly to land and ravage a part of   
the country2 when a force opposed them1 
they retired to their ships1 and passed 
to some other part1 which in a like     
manner they ravaged1 and then retired as
 before1 until the country1 entirely    

harassed1 pillaged1 and wasted by these 
incursions1 was no longer able to resist
 them4 ,then they ventured safely to    
enter a desolated and disheartened      
country1 and to establish themselves in 
it4 ,these considerations made ,alfred  
resolve upon equipping a fleet4 ,in this
 enterprise nothing but difficulties    
presented themselves3 his revenue was   
scanty1 and his subjects altogether     
unskilled in maritime affairs1 either as
 to the construction or the navigation  
of ships4 ,he did not therefore despair4
 ,with great promises attending a little
 money1 he engaged in his service a     
number of ,frisian seamen1 neighbors to 
the ,danes1 and pirates1 as they were4  
,he brought1 by the same means1         
shipwrights from the continent4 ,he was 
himself present to everything2 and      
having performed the part of a king in  
drawing together supplies of every kind1
 he descended with no less dignity into 
the artist1--improving on the           
construction1 inventing new machines1   

and supplying by the greatness of his   
genius the defects and imperfections of 
the arts in that rude period4 ,by his   
indefatigable application the first     
,english navy was in a very short time  
in readiness to put to sea4 ,at that    
time the ,danish fleet of one hundred   
and twenty-five ships stood with full   
sail for ,exeter2 they met2 but1 with an
 omen prosperous to the new naval power1
 the ,danish fleet was entirely         
vanquished and dispersed4 ,this success 
drew on the surrendry of ,exeter1 and a 
peace1 which ,alfred much wanted to put 
the affairs of his kingdom in order4    
,this peace1 however1 did not last long4
 ,as the ,danes were continually pouring
 into some part of ,england1 they found 
most parts already in ,danish hands2 so 
that all these parties naturally        
directed their course to the only       
,english kingdom4 ,all the ,danes       
conspired to put them in possession of  
it1 and bursting unexpectedly with the  
united force of their whole body upon   

,wessex1 ,alfred was entirely           
overwhelmed1 and obliged to drive before
 the storm of his fortune4 ,he fled in  
disguise into a fastness in the ,isle of
 ,athelney1 where he remained four      
months in the lowest state of indigence1
 supported by an heroic humility1 and   
that spirit of piety which neither      
adverse fortune nor prosperity could    
overcome4 ,it is much to be lamented    
that a character so formed to interest  
all men1 involved in reverses of fortune
 that make the most agreeable and useful
 part of history1 should be only        
celebrated by pens so little suitable to
 the dignity of the subject4 ,these     
revolutions are so little prepared1 that
 we neither can perceive distinctly the 
causes which sunk him nor those which   
again raised him to power4 ,a few naked 
facts are all our stock4 ,from these we 
see ,alfred1 assisted by the casual     
success of one of his nobles1 issuing   
from his retreat2 he heads a powerful   
army once more1 defeats the ,danes1     

drives them out of ,wessex1 follows his 
blow1 expels them from ,mercia1 subdues 
them in ,northumberland1 and makes them 
tributary in ,bast ,anglia2 and thus    
established by a number of victories in 
a full peace1 he is presented to us in  
that character which makes him venerable
 to posterity4 ,it is a refreshment1 in 
the midst of such a gloomy waste of     
barbarism and desolation1 to fall upon  
so fair and cultivated a spot4          
,sidenote3 ,a4,d4 #hhj4  ,sidenote3     
,a4,d4 #hif4  ,when ,alfred had once    
more reunited the kingdoms of his       
ancestors1 he found the whole face of   
things in the most desperate condition3 
there was no observance of law and      
order2 religion had no force2 there was 
no honest industry2 the most squalid    
poverty and the grossest ignorance had  
overspread the whole kingdom4 ,alfred at
 once enterprised the cure of all these 
evils4 ,to remedy the disorders in the  
government1 he revived1 improved1 and   
digested all the ,saxon institutions1   

insomuch that he is generally honored as
 the founder of our laws and            
,constitution4#dh  ,the shire he divided
 into hundreds1 the hundreds into       
tithings2 every freeman was obliged to  
be entered into some tithing1 the       
members of which were mutually bound for
 each other1 for the preservation of the
 peace1 and the avoiding theft and      
rapine4 ,for securing the liberty of the
 subject1 he introduced the method of   
giving bail1 the most certain fence     
against the abuses of power4 ,it has    
been observed that the reigns of weak   
princes are times favorable to liberty2 
but the wisest and bravest of all the   
,english princes is the father of their 
freedom4 ,this great man was even       
jealous of the privileges of his        
subjects2 and as his whole life was     
spent in protecting them1 his last will 
breathes the same spirit1 declaring that
 he had left his people as free as their
 own thoughts4 ,he not only collected   
with great care a complete body of laws1

 but he wrote comments on them for the  
instruction of his judges1 who were in  
general1 by the misfortune of the time1 
ignorant4 ,and if he took care to       
correct their ignorance1 he was rigorous
 towards their corruption4 ,he inquired 
strictly into their conduct1 he heard   
appeals in person2 he held his          
,wittenagemotes1 or ,parliaments1       
frequently2 and kept every part of his  
government in health and vigor4  ,nor   
was he less solicitous for the defence  
than he had shown himself for the       
regulation of his kingdom4 ,he nourished
 with particular care the new naval     
strength which he had established2 he   
built forts and castles in the most     
important posts2 he settled beacons to  
spread an alarm on the arrival of an    
enemy2 and ordered his militia in such a
 manner that there was always a great   
power in readiness to march1 well       
appointed and well disciplined4 ,but    
that a suitable revenue might not be    
wanting for the support of his fleets   

and fortifications1 he gave great       
encouragement to trade1 which1 by the   
piracies on the coasts1 and the rapine  
and injustice exercised by the people   
within1 had long become a stranger to   
this island4  ,in the midst of these    
various and important cares1 he gave a  
peculiar attention to learning1 which by
 the rage of the late wars had been     
entirely extinguished in his kingdom4   
,very few there were 7says this monarch7
 on this side the ,humber that          
understood their ordinary prayers1 or   
that were able to translate any ,latin  
book into ,english1--so few1 that ,i do 
not remember even one qualified to the  
southward of the ,thames when ,i began  
my reign4 ,to cure this deplorable      
ignorance1 he was indefatigable in his  
endeavors to bring into ,england men of 
learning in all branches from every part
 of ,europe1 and unbounded in his       
liberality to them4 ,he enacted by a law
 that every person possessed of two     
hides of land should send their children

 to school until sixteen4 ,wisely       
considering where to put a stop to his  
love even of the liberal arts1 which are
 only suited to a liberal condition1 he 
enterprised yet a greater design than   
that of forming the growing             
generation1--to instruct even the grown3
 enjoining all his earldormen and       
sheriffs immediately to apply themselves
 to learning1 or to quit their offices4 
,to facilitate these great purposes1 he 
made a regular foundation of an         
university1 which with great reason is  
believed to have been at ,oxford4       
,whatever trouble he took to extend the 
benefits of learning amongst his        
subjects1 he showed the example himself1
 and applied to the cultivation of his  
mind with unparalleled diligence and    
success4 ,he could neither read nor     
write at twelve years old2 but he       
improved his time in such a manner that 
he became one of the most knowing men of
 his age1 in geometry1 in philosophy1 in
 architecture1 and in music4 ,he applied

 himself to the improvement of his      
native language2 he translated several  
valuable works from ,latin2 and wrote a 
vast number of poems in the ,saxon      
tongue with a wonderful facility and    
happiness4 ,he not only excelled in the 
theory of the arts and sciences1 but    
possessed a great mechanical genius for 
the executive part2 he improved the     
manner of ship-building1 introduced a   
more beautiful and commodious           
architecture1 and even taught his       
countrymen the art of making            
bricks1--most of the buildings having   
been of wood before his time4 ,in a     
word1 he comprehended in the greatness  
of his mind the whole of government and 
all its parts at once1 and1 what is most
 difficult to human frailty1 was at the 
same time sublime and minute4           
,religion1 which in ,alfred's father was
 so prejudicial to affairs1 without     
being in him at all inferior in its zeal
 and fervor1 was of a more enlarged and 
noble kind2 far from being a prejudice  

to his government1 it seems to have been
 the principle that supported him in so 
many fatigues1 and fed like an abundant 
source his civil and military virtues4  
,to his religious exercises and studies 
he devoted a full third part of his     
time4 ,it is pleasant to trace a genius 
even in its smallest exertions1--in     
measuring and allotting his time for the
 variety of business he was engaged in4 
,according to his severe and methodical 
custom1 he had a sort of wax candles    
made of different colors in different   
proportions1 according to the time he   
allotted to each particular affair2 as  
he carried these about with him wherever
 he went1 to make them burn evenly he   
invented horn lanterns4 ,one cannot help
 being amazed that a prince1 who lived  
in such turbulent times1 who commanded  
personally in fifty-four pitched        
battles1 who had so disordered a        
province to regulate1 who was not only a
 legislator1 but a judge1 and who was   
continually superintending his armies1  

his navies1 the traffic of his kingdom1 
his revenues1 and the conduct of all his
 officers1 could have bestowed so much  
of his time on religious exercises and  
speculative knowledge2 but the exertion 
of all his faculties and virtues seemed 
to have given a mutual strength to all  
of them4 ,thus all historians speak of  
this prince1 whose whole history was one
 panegyric2 and whatever dark spots of  
human frailty may have adhered to such a
 character1 they are entirely hid in the
 splendor of his many shining qualities 
and grand virtues1 that throw a glory   
over the obscure period in which he     
lived1 and which is for no other reason 
worthy of our knowledge4  ,sidenote3    
,a4,d4 #hig4  ,the latter part of his   
reign was molested with new and         
formidable attempts from the ,danes3 but
 they no longer found the country in its
 former condition2 their fleets were    
attacked2 and those that landed found a 
strong and regular opposition4 ,there   
were now fortresses which restrained    

their ravages1 and armies well appointed
 to oppose them in the field2 they were 
defeated in a pitched battle2 and after 
several desperate marches from one part 
of the country to the other1 everywhere 
harassed and hunted1 they were glad to  
return with half their number1 and to   
leave ,alfred in quiet to accomplish the
 great things he had projected4 ,this   
prince reigned twenty-seven1 years1 and 
died at last of a disorder in his       
bowels1 which had afflicted him1 without
 interrupting his designs or souring his
 temper1 during the greatest part of his
 life4  ,,footnotes3  #dh ,historians1  
copying after one another1 and examining
 little1 have attributed to this monarch
 the institution of juries1 an          
institution which certainly did never   
prevail amongst the ,saxons4 ,they have 
likewise attributed to him the          
distribution of ,england into shires1   
hundreds1 and tithings1 and of          
appointing officers over these          
divisions4 ,but it is very obvious that 

the shires were never settled upon any  
regular plan1 nor are they the result of
 any single design4 ,but these reports1 
however ill imagined1 are a strong proof
 of the high veneration in which this   
excellent prince has always been held2  
as it has been thought that the         
attributing these regulations to him    
would endear them to the nation4 ,be    
probably settled them in such an order1 
and made such reformations in his       
government1 that some of the            
institutions themselves which he        
improved have been attributed to him3   
and1 indeed1 there was one work of his  
which serves to furnish us with a higher
 idea of the political capacity of that 
great man than any of these fictions4   
,he made a general survey and register  
of all the property in the kingdom1 who 
held it1 and what it was distinctly3 a  
vast work for an age of ignorance and   
time of confusion1 which has been       
neglected in more civilized nations and 
settled times4 ,it was called the ,roll 

of ,winton1 and served as a model of a  
work of the same kind made by ,william  
the ,conqueror4     ,,chapter ,v4       
,,succession ,,of ,,kings ,,from        
,,alfred ,,to ,,harold4   ,sidenote3    
,edward1 ,a4,d4 #ijj4  ,sidenote3       
,athelstan ,a4,d4 #ibe4  ,sidenote3     
,edmund1 ,a4,d4 #idb4  ,sidenote3       
,edred1 ,a4,d4 #idg4  ,sidenote3 ,edwin1
 ,a4,d4 #ieg4  ,his son ,edward         
succeeded4 ,though of less learning than
 his father1 he equalled him in his     
political virtues4 ,he made war with    
success on the ,welsh1 the ,scots1 and  
the ,danes1 and left his kingdom        
strongly fortified1 and exercised1 not  
weakened1 with the enterprises of a     
vigorous reign4 ,because his son ,edmund
 was under age1 the crown was set on the
 head of his illegitimate offspring1    
,athelstan4 ,his1 like the reigns of all
 the princes of this time1 was molested 
by the continual incursions of the      
,danes2 and nothing but a succession of 
men of spirit1 capacity1 and love of    

their country1 which providentially     
happened at this time1 could ward off   
the ruin of the kingdom4 ,such          
,athelstan was2 and such was his brother
 ,edmund1 who reigned five years with   
great reputation1 but was at length1 by 
an obscure ruffian1 assassinated in his 
own palace4 ,edred1 his brother1        
succeeded to the late monarchy3 though  
he had left two sons1 ,edwin and ,edgar1
 both were passed by on account of their
 minority4 ,but on this prince's death1 
which happened after a troublesome reign
 of ten years1 valiantly supported      
against continual inroads of the ,danes2
 the crown devolved on ,edwin2 of whom  
little can be said1 because his reign   
was short1 and he was so embroiled with 
his clergy that we can take his         
character only from the monks1 who in   
such a case are suspicious authority4   
,sidenote3 ,edgar1 ,a4,d4 #iei4  ,edgar1
 the second son of ,king ,edmund1 came  
young to the throne2 but he had the     
happiness to have his youth formed and  

his kingdom ruled by men of experience1 
virtue1 and authority4 ,the celebrated  
,dunstan was his first minister1 and had
 a mighty influence over all his        
actions4 ,this prelate had been educated
 abroad1 and had seen the world to      
advantage4 ,as he had great power at    
court by the superior wisdom of his     
counsels1 so by the sanctity of his life
 he had great credit with the people1   
which gave a firmness to the government 
of his master1 whose private character  
was in many respects extremely          
exceptionable4 ,it was in his reign1 and
 chiefly by the means of his minister1  
,dunstan1 that the monks1 who had long  
prevailed in the opinion of the         
generality of the people1 gave a total  
overthrow to their rivals1 the secular  
clergy4 ,the secular clergy were at this
 time for the most part married1 and    
were therefore too near the common modes
 of mankind to draw a great deal of     
their respect2 their character was      
supported by a very small portion of    

learning1 and their lives were not such 
as people wish to see in the clergy4    
,but the monks were unmarried1 austere  
in their lives1 regular in their duties1
 possessed of the learning of the times1
 well united under a proper             
subordination1 full of art1 and         
implacable towards their enemies4 ,these
 circumstances1 concurring with the     
dispositions of the king and the designs
 of ,dunstan1 prevailed so far that it  
was agreed in a council convened for    
that purpose to expel the secular clergy
 from their livings1 and to supply their
 places with monks1 throughout the      
kingdom4 ,although the partisans of the 
secular priests were not a few1 nor of  
the lowest class1 yet they were unable  
to withstand the current of the popular 
desire1 strengthened by the authority of
 a potent and respected monarch4        
,however1 there was a seed of discontent
 sown on this occasion1 which grew up   
afterwards to the mutual destruction of 
all the parties4 ,during the whole reign

 of ,edgar1 as he had secured the most  
popular part of the clergy1 and with    
them the people1 in his interests1 there
 was no internal disturbance2 there was 
no foreign war1 because this prince was 
always ready for war4 ,but he           
principally owed his security to the    
care he took of his naval power1 which  
was much greater and better regulated   
than that of any ,english monarch before
 him4 ,he had three fleets always       
equipped1 one of which annually sailed  
round the island4 ,thus the ,danes1 the 
,scots1 the ,irish1 and the ,welsh were 
kept in awe4 ,he assumed the title of   
,king of all ,albion4 ,his court was    
magnificent1 and much frequented by     
strangers4 ,his revenues were in        
excellent order1 and no prince of his   
time supported the royal character with 
more dignity4  ,sidenote3 ,edward1      
,a4,d4 #ige4  ,sidenote3 ,ethelred1     
,a4,d4 #igi4  ,edgar had two wives1     
,elfleda and ,elfrida4 ,by the first he 
had a son called ,edward2 the second    

bore him one called ,ethelred4 ,on      
,edgar's death1 ,edward1 in the usual   
order of succession1 was called to the  
throne2 but ,elfrida caballed in favor  
of her son1 and finding it impossible to
 set him up in the life of his brother1 
she murdered him with her own hands in  
her castle of ,corfe1 whither he had    
retired to refresh himself1 wearied with
 hunting4 ,ethelred1 who by the crimes  
of his mother ascended a throne         
sprinkled with his brother's blood1 had 
a part to act which exceeded the        
capacity that could be expected in one  
of his youth and inexperience4 ,the     
partisans of the secular clergy1 who    
were kept down by the vigor of ,edgar's 
government1 thought this a fit time to  
renew their pretensions4 ,the monks     
defended themselves in their possession2
 there was no moderation on either side1
 and the whole nation joined in these   
parties4 ,the murder of ,edward threw an
 odious stain on the king1 though he was
 wholly innocent of that crime4 ,there  

was a general discontent1 and every     
corner was full of murmurs and cabals4  
,in this state of the kingdom1 it was   
equally dangerous to exert the fulness  
of the sovereign authority or to suffer 
it to relax4 ,the temper of the king was
 most inclined to the latter method1    
which is of all things the worst4 ,a    
weak government1 too easy1 suffers evils
 to grow which often make the most      
rigorous and illegal proceedings        
necessary4 ,through an extreme lenity it
 is on some occasions tyrannical4 ,this 
was the condition of ,ethelred's        
nobility1 who1 by being permitted       
everything1 were never contented4  ,thus
 all the principal men held a sort of   
factious and independent authority2 they
 despised the king1 they oppressed the  
people1 and they hated one another4 ,the
 ,danes1 in every part of ,england but  
,wessex as numerous as the ,english     
themselves1 and in many parts more      
numerous1 were ready to take advantage  
of these disorders1 and waited with     

impatience some new attempt from abroad1
 that they might rise in favor of the   
invaders4 ,they were not long without   
such an occasion2 the ,danes pour in    
almost upon every part at once1 and     
distract the defence which the weak     
prince was preparing to make4  ,in those
 days of wretchedness and ignorance1    
when all the maritime parts of ,europe  
were attacked by these formidable       
enemies at once1 they never thought of  
entering into any alliance against them2
 they equally neglected the other       
obvious method to prevent their         
incursions1 which was1 to carry the war 
into the invaders' country4  ,sidenote3 
,a4,d4 #ihg4  ,sidenote3 ,a4,d4 #iia4   
,what aggravated these calamities1 the  
nobility1 mostly disaffected to the     
king1 and entertaining very little      
regard to their country1 made1 some of  
them1 a weak and cowardly opposition to 
the enemy2 some actually betrayed their 
trust2 some even were found who         
undertook the trade of piracy           

themselves4 ,it was in this condition1  
that ,edric1 ,duke of ,mercia1 a man of 
some ability1 but light1 inconstant1 and
 utterly devoid of all principle1       
proposed to buy a peace from the ,danes4
 ,the general weakness and consternation
 disposed the king and people to take   
this pernicious advice4 ,at first       
#aj1jjjl4 was given to the ,danes1 who  
retired with this money and the rest of 
their plunder4 ,the ,english were now1  
for the first time1 taxed to supply this
 payment4 ,the imposition was called    
,danegelt1 not more burdensome in the   
thing than scandalous in the name4 ,the 
scheme of purchasing peace not only gave
 rise to many internal hardships1 but1  
whilst it weakened the kingdom1 it      
inspired such a desire of invading it to
 the enemy1 that ,sweyn1 ,king of       
,denmark1 came in person soon after with
 a prodigious fleet and army4 ,the      
,english1 having once found the method  
of diverting the storm by an inglorious 
bargain1 could not bear to think of any 

other way of resistance4 ,a greater sum1
 #dh1jjjl41 was now paid1 which the     
,danes accepted with pleasure1 as they  
could by this means exhaust their       
enemies and enrich themselves with      
little danger or trouble4 ,with very    
short intermissions they still returned1
 continually increasing in their        
demands4 ,in a few years they extorted  
upwards of #afj1jjjl4 from the ,english1
 besides an annual tribute of #dh1jjjl4 
,the country was wholly exhausted both  
of money and spirit4 ,the ,danes in     
,england1 under the protection of the   
foreign ,danes1 committed a thousand    
insolencies2 and so infatuated with     
stupidity and baseness were the ,english
 at this time1 that they employed hardly
 any other soldiers for their defence4  
,sidenote3 ,a4,d4 #ajjb  ,sidenote3     
,a4,d4 #ajjc  ,in this state of shame   
and misery1 their sufferings suggested  
to them a design rather desperate than  
brave4 ,they resolved on a massacre of  
the ,danes4 ,some authors say1 that in  

one night the whole race was cut off4   
,many1 probably all the military men1   
were so destroyed4 ,but this massacre1  
injudicious as it was cruel1 was        
certainly not universal2 nor did it     
serve any other or better end than to   
exasperate those of the same nation     
abroad1 who the next year landed in     
,england with a powerful army to revenge
 it1 and committed outrages even beyond 
the usual tenor of the ,danish cruelty4 
,there was in ,england no money left to 
purchase a peace1 nor courage to wage a 
successful war2 and the ,king of        
,denmark1 ,sweyn1 a prince of capacity1 
at the head of a large body of brave and
 enterprising men1 soon mastered the    
whole kingdom1 except ,london4          
,ethelred1 abandoned by fortune and his 
subjects1 was forced to fly into        
,normandy4  ,sidenote3 ,edmund          
,ironside1 ,a4,d4 #ajaf4  ,as there was 
no good order in the ,english affairs1  
though continually alarmed1 they were   
always surprised2 they were only roused 

to arms by the cruelty of the enemy1 and
 they were only formed into a body by   
being driven from their homes3 so that  
they never made a resistance until they 
seemed to be entirely conquered4 ,this  
may serve to account for the frequent   
sudden reductions of the island1 and the
 frequent renewals of their fortune when
 it seemed the most desperate4 ,sweyn1  
in the midst of his victories1 dies1    
and1 though succeeded by his son        
,canute1 who inherited his father's     
resolution1 their affairs were thrown   
into some disorder by this accident4    
,the ,english were encouraged by it4    
,ethelred was recalled1 and the ,danes  
retired out of the kingdom2 but it was  
only to return the nest year with a     
greater and better appointed force4     
,nothing seemed able to oppose them4    
,the king dies4 ,a great part of the    
land was surrendered1 without           
resistance1 to ,canute4 ,edmund1 the    
eldest son of ,ethelred1 supported1     
however1 the declining hopes of the     

,english for some time2 in three months 
he fought three victorious battles2 he  
attempted a fourth1 but lost it by the  
base desertion of ,edric1 the principal 
author of all these troubles4 ,it is    
common with the conquered side to       
attribute all their misfortunes to the  
treachery of their own party4 ,they     
choose to be thought subdued by the     
treachery of their friends rather than  
the superior bravery of their enemies4  
,all the old historians talk in this    
strain2 and it must be acknowledged that
 all adherents to a declining party have
 many temptations to infidelity4        
,edmund1 defeated1 but not discouraged1 
retreated to the ,severn1 where he      
recruited his forces4 ,canute followed  
at his heels4 ,and now the two armies   
were drawn up which were to decide the  
fate of ,england1 when it was proposed  
to determine the war by a single combat 
between the two kings4 ,neither was     
unwilling2 the ,isle of ,alney in the   
,severn was chosen for the lists4       

,edmund had the advantage by the        
greatness of his strength1 ,canute by   
his address2 for when ,edmund had so far
 prevailed as to disarm him1 he proposed
 a parley1 in which he persuaded ,edmund
 to a peace1 and to a division of the   
kingdom4 ,their armies accepted the     
agreement1 and both kings departed in a 
seeming friendship4 ,but ,edmund died   
soon after1 with a probable suspicion of
 being murdered by the instruments of   
his associate in the empire4  ,sidenote3
 ,the ,danish race4  ,canute4           
,sidenote3 ,harold ,i41 ,a4,d4 #ajce4   
,sidenote3 ,hardicanute1 ,a4,d4 #ajce   
,sidenote3 ,the ,saxon line restored4   
,canute1 on this event1 assembled the   
states of the kingdom1 by whom he was   
acknowledged ,king of all ,england4 ,he 
was a prince truly great2 for1 having   
acquired the kingdom by his valor1 he   
maintained and improved it by his       
justice and clemency4 ,choosing rather  
to rule by the inclination of his       
subjects than the right of conquest1 he 

dismissed his ,danish army1 and         
committed his safety to the laws4 ,he   
restablished the order and tranquillity 
which so long a series of bloody wars   
had banished4 ,he revived the ancient   
statutes of the ,saxon princes1 and     
governed through his whole reign with   
such steadiness and moderation that the 
,english were much happier under this   
foreign prince than they had been under 
their natural kings4 ,canute1 though the
 beginning of his life was stained with 
those marks of violence and injustice   
which attend conquest1 was remarkable in
 his latter end for his piety4          
,according to the mode of that time1 he 
made a pilgrimage to ,rome1 with a view 
to expiate the crimes which paved his   
way to the throne2 but he made a good   
use of this peregrination1 and returned 
full of the observations he had made in 
the country through which he passed1    
which he turned to the benefit of his   
extensive dominions4 ,they comprehended 
,england1 ,denmark1 ,norway1 and many of

 the countries which lie upon the       
,baltic4 ,those he left1 established in 
peace and security1 to his children4    
,the fate of his ,northern possessions  
is not of this place4 ,england fell to  
his son ,harold1 though not without much
 competition in favor of the sons of    
,edmund ,ironside1 while some contended 
for the right of the sons of ,ethelred1 
,alfred and ,edward4 ,harold inherited  
none of the virtues of ,canute2 he      
banished his mother ,emma1 murdered his 
half-brother ,alfred1 and died without  
issue after a short reign1 full of      
violence1 weakness1 and cruelty4 ,his   
brother ,hardicanute1 who succeeded him1
 resembled him in his character2 he     
committed new cruelties and injustices  
in revenging those which his brother had
 committed1 and he died after a yet     
shorter reign4 ,the ,danish power1      
established with so much blood1 expired 
of itself2 and ,edward1 the only        
surviving son of ,ethelred1 then an     
exile in ,normandy1 was called to the   

throne by the unanimous voice of the    
kingdom4  ,sidenote3 ,edward the        
,confessor1 ,a4,d4 #ajda4  ,sidenote3   
,a4,d4 #ajec  ,sidenote3 ,a4,d4 #ajff4  
,this prince was educated in a          
monastery1 where he learned piety1      
continence1 and humility1 but nothing of
 the art of government4 ,he was innocent
 and artless1 but his views were narrow1
 and his genius contemptible4 ,the      
character of such a prince is not1      
therefore1 what influences the          
government1 any further than as it puts 
it in the hands of others4 ,when he came
 to the throne1 ,godwin1 ,earl of ,kent1
 was the most popular man in ,england2  
he possessed a very great estate1 an    
enterprising disposition1 and an        
eloquence beyond the age he lived in2 he
 was arrogant1 imperious1 assuming1 and 
of a conscience which never put itself  
in the way of his interest4 ,he had a   
considerable share in restoring ,edward 
to the throne of his ancestors2 and by  
this merit1 joined to his popularity1 he

 for some time directed everything      
according to his pleasure4 ,he intended 
to fortify his interest by giving in    
marriage to the king his daughter1 a    
lady of great beauty1 great virtue1 and 
an education beyond her sex4 ,godwin    
had1 however1 powerful rivals in the    
king's favor4 ,this monarch1 who        
possessed many of the private virtues1  
had a grateful remembrance of his       
favorable reception in ,normandy2 he    
caressed the people of that country1 and
 promoted several to the first places1  
ecclesiastical and civil1 in his        
kingdom4 ,this begot an uneasiness in   
all the ,english2 but ,earl ,godwin was 
particularly offended4 ,the ,normans1 on
 the other hand1 accused ,godwin of a   
design on the crown1 the justice of     
which imputation the whole tenor of his 
conduct evinced sufficiently4 ,but as   
his cabals began to break into action   
before they were in perfect ripeness for
 it1 the ,norman party prevailed1 and   
,godwin was banished4 ,this man was not 

only very popular at home by his        
generosity and address1 but he found    
means to engage even1 foreigners in his 
interests4 ,baldwin1 ,earl of ,flanders1
 gave him a very kind reception4 ,by his
 assistance ,godwin fitted out a fleet1 
hired a competent force1 sailed to      
,england1 and having near ,sandwich     
deceived the king's navy1 he presented  
himself at ,london before he was        
expected4 ,the king made ready as great 
a force as the time would admit to      
oppose him4 ,the galleys of ,edward and 
,godwin met on the ,thames2 but such was
 the general favor to ,godwin1 such the 
popularity of his cause1 that the king's
 men threw down their arms1 and refused 
to fight against their countrymen in    
favor of strangers4 ,edward was obliged 
to treat with his own subjects1 and in  
consequence of this treaty to dismiss   
the ,normans1 whom he believed to be the
 best attached to his interests4 ,godwin
 used the power to which he was restored
 to gratify his personal revenge1       

showing no mercy to his enemies4 ,some  
of his sons behaved in the most         
tyrannical manner4 ,the great lords of  
the kingdom envied and hated a greatness
 which annihilated the royal authority1 
eclipsed them1 and oppressed the people2
 but ,godwin's death soon after quieted 
for a while their murmurs4 ,the king1   
who had the least share in the          
transactions of his own reign1 and who  
was of a temper not to perceive his own 
insignificance1 begun in his old age to 
think of a successor4 ,he had no        
children3 for some weak reasons of      
religion or personal dislike1 he had    
never cohabited with his wife4 ,he sent 
for his nephew ,edward1 the son of      
,edmund ,ironside1 out of ,hungary1     
where he had taken refuge2 but he died  
soon after he came to ,england1 leaving 
a son called ,edgar ,atheling4 ,the king
 himself irresolute in so momentous an  
affair1 died without making any         
settlement4 ,his reign was properly that
 of his great men1 or rather of their   

factions4 ,all of it that was his own   
was good4 ,he was careful of the        
privileges of his subjects1 and took    
care to have a body of the ,saxon laws1 
very favorable to them1 digested and    
enforced4 ,he remitted the heavy        
imposition called ,danegelt1 amounting  
to #dj1jjjl4 a year1 which had been     
constantly collected after the occasion 
had ceased2 he even repaid to his       
subjects what he found in the treasury  
at his accession4 ,in short1 there is   
little in his life that can call his    
title to sanctity in question1 though he
 can never be reckoned among the great  
kings4     ,,chapter ,,vi4  ,,harold    
,,ii4--,,invasion ,,of ,,the            
,,normans4--,,account ,,of ,,that       
,,people1 ,,and ,,of ,,the ,,state ,,of 
,,england ,,at ,,the ,,time ,,of ,,the  
,,invasion4   ,sidenote3 ,harold ,,ii41 
,a4,d4 #ajff4  ,though ,edgar ,atheling 
had the best title to the succession1   
yet ,harold1 the son of ,earl ,godwin1  
on account of the credit of his father1 

and his own great qualities1 which      
supported and extended the interest of  
his family1 was by the general voice set
 upon the throne4 ,the right of ,edgar1 
young1 and discovering no great         
capacity1 gave him little disturbance in
 comparison of the violence of his own  
brother ,tosti1 whom for his infamous   
oppression he had found himself obliged 
to banish4 ,this man1 who was a tyrant  
at home and a traitor abroad1 insulted  
the maritime parts with a piratical     
fleet1 whilst he incited all the        
neighboring princes to fall upon his    
country4 ,harold ,harfager1 ,king of    
,norway1 after the conquest of the      
,orkneys1 with a powerful navy hung over
 the coasts of ,england4 ,but nothing   
troubled ,harold so much as the         
pretensions and the formidable          
preparation of ,william1 ,duke of       
,normandy1 one of the most able1        
ambitious1 and enterprising men of that 
age4 ,we have mentioned the partiality  
of ,king ,edward to the ,normans1 and   

the hatred he bore to ,godwin1 and his  
family4 ,the ,duke of ,normandy1 to whom
 ,edward had personal obligations1 had  
taken a tour into ,england1 and         
neglected no means to improve these     
dispositions to his own advantage4 ,it  
is said that he then received the       
fullest assurances of being appointed to
 the succession1 and that ,harold       
himself had been sent soon after into   
,normandy to settle whatever related to 
it4 ,this is an obscure transaction1 and
 would1 if it could be cleared up1      
convey but little instruction4 ,so that 
whether we believe or not that ,william 
had engaged ,harold by a solemn oath to 
secure him the kingdom1 we know that he 
afterwards set up a will of ,king       
,edward in his favor1 which1 however1 he
 never produced1 and probably never had 
to produce4 ,in these delicate          
circumstances ,harold was not wanting to
 himself4 ,by the most equitable laws   
and the most popular behavior he sought 
to secure the affections of his         

subjects2 and he succeeded so well1     
that1 when he marched against the ,king 
of ,norway1 who had invaded his kingdom 
and taken ,york1 without difficulty he  
raised a numerous army of gallant men1  
zealous for his cause and their country4
 ,he obtained a signal and decisive     
victory over the ,norwegians4 ,the ,king
 ,harfager1 and the traitor ,tosti1 who 
had joined him1 were slain in the       
battle1 and the ,norwegians were forced 
to evacuate the country4 ,harold had1   
however1 but little time to enjoy the   
fruits of his victory4  ,scarce had the 
,norwegians departed1 when ,william1    
,duke of ,normandy1 landed in the       
southern part of the kingdom with an    
army of sixty thousand chosen men1 and  
struck a general terror through all the 
nation1 which was well acquainted with  
the character of the commander and the  
courage and discipline of his troops4   
,the ,normans were the posterity of     
those ,danes who had so long and so     
cruelly harassed the ,british islands   

and the shore of the adjoining          
continent4 ,in1 the days of ,king       
,alfred1 a body of these adventurers1   
under their leader1 ,rollo1 made an     
attempt upon ,england2 but so well did  
they find every spot defended by the    
vigilance and bravery of that great     
monarch that they were compelled to     
retire4 ,beaten from these shores1 the  
stream of their impetuosity bore towards
 the northern parts of ,france1 which   
had been reduced to the most deplorable 
condition by their former ravages4      
,charles the ,simple then sat on the    
throne of that kingdom2 unable to resist
 this torrent of barbarians1 he was     
obliged to yield to it2 he agreed to    
give up to ,rollo the large and fertile 
province of ,neustria1 to hold of him as
 his feudatory4 ,this province1 from the
 new inhabitants1 was called ,normandy4 
,five princes succeeded ,rollo1 who     
maintained with great bravery and       
cultivated with equal wisdom his        
conquests4 ,the ancient ferocity of this

 people was a little softened by their  
settlement2 but the bravery which1 had  
made the ,danes so formidable was not   
extinguished in the ,normans1 nor the   
spirit of enterprise4 ,not long before  
this period1 a private gentleman of     
,normandy1 by his personal bravery1 had 
acquired the kingdom of ,naples4        
,several others followed his fortunes1  
who added ,sicily to it4 ,from one end  
of ,europe to the other the ,norman name
 was known1 respected1 and feared4      
,robert1 the sixth ,duke of ,normandy1  
to expiate some crime which lay heavy   
upon his conscience1 resolved1 according
 to the ideas of that time1 upon a      
pilgrimage to ,jerusalem4 ,it was in    
vain that his nobility1 whom he had     
assembled to notify this resolution to  
them1 represented to him the miserable  
state to which his country would be     
reduced1 abandoned by its prince1 and   
uncertain of a legal successor4 ,the    
,duke was not to be moved from his      
resolution1 which appeared but the more 

meritorious from the difficulties which 
attended it4 ,he presented to the states
 ,william1 then an infant1 born of an   
obscure woman1 whom1 notwithstanding1 he
 doubted not to be his son2 him he      
appointed to succeed2 him he recommended
 to their virtue and loyalty2 and then1 
solemnly resigning the government in his
 favor1 he departed on the pilgrimage1  
from whence he never returned4 ,the     
states1 hesitating some time between1   
the mischiefs that attend the allowing  
an illegitimate succession1 and those   
which might arise from admitting foreign
 pretensions1 thought the former the    
least prejudicial1 and accordingly swore
 allegiance to ,william4 ,but this oath 
was not sufficient to establish a right 
so doubtful4 ,the ,dukes of ,burgundy   
and ,brittany1 as well as several       
,norman noblemen1 had specious titles4  
,the endeavors of all these disquieted  
the reign of the young prince with      
perpetual troubles4 ,in these troubles  
he was formed early in life to          

vigilance1 activity1 secrecy1 and a     
conquest over all those passions1       
whether bad or good1 which obstruct the 
way to greatness4 ,he had to contend    
with all the neighboring princes1 with  
the seditions of a turbulent and        
unfaithful nobility1 and the treacherous
 protection of his feudal lord1 the     
,king of ,france4 ,all of these in their
 turns1 sometimes all of these together1
 distressed him4 ,but with the most     
unparalleled good fortune and conduct he
 overcame all opposition1 and triumphed 
over every enemy1 raising his power and 
reputation above that of all his        
ancestors1 as much as he was exalted by 
his bravery above the princes of his own
 time4  ,such was the prince who1 on a  
pretended claim from the will of ,king  
,edward1 supported by the common and    
popular pretence of punishing offenders 
and redressing grievances1 landed at    
,pevensey in ,sussex1 to contest the    
crown with ,harold4 ,harold had no      
sooner advice of his landing than he    

advanced to meet him with all possible  
diligence2 but there did not appear in  
his army1 upon this occasion1 the same  
unanimity and satisfaction which        
animated it on its march against the    
,norwegians4 ,an ill-timed economy in   
,harold1 which made him refuse to his   
soldiers the plunder of the ,norwegian  
camp1 had created a general discontent4 
,several deserted2 and the soldiers who 
remained followed heavily a leader under
 whom there was no hope of plunder1 the 
greatest incitement of the soldiery4    
,notwithstanding this ill disposition1  
,harold still urged forward1 and by     
forced marches advanced within seven    
miles of the enemy4 ,the ,norman1 on his
 landing1 is said to have sent away his 
ships1 that his army might have no way  
of safety but in conquest2 yet had he   
fortified his camp1 and taken every     
prudent precaution1 that so considerable
 an enterprise should not be reduced to 
a single effort of despair4 ,when the   
armies1 charged with the decision of so 

mighty a contest1 had approached each   
other1 ,harold paused awhile4 ,a great  
deal depended on his conduct at this    
critical time4 ,the most experienced in 
the council of war1 who knew the        
condition of their troops1 were of      
opinion that the engagement ought to be 
deferred1--that the country ought to be 
wasted1--that1 as the winter approached1
 the ,normans would in all probability  
be obliged to retire of                 
themselves1--that1 if this should not   
happen1 the ,norman army was without    
resources1 whilst the ,english would be 
every day considerably augmented1 and   
might attack their enemy at a time and  
manner which might make their success   
certain4 ,to all these reasons nothing  
was opposed but a false point of honor  
and a mistaken courage in ,harold1 who  
urged his fate1 and resolved on an      
engagement4 ,the ,norman1 as soon as he 
perceived that the ,english1 were       
determined on a battle1 left his camp to
 post himself in an advantageous        

situation1 in which his whole army      
remained the night which preceded the   
action4  ,this night was spent in a     
manner which prognosticated the event of
 the following day4 ,on the part of the 
,normans it was spent in prayer1 and in 
a cool and steady preparation for the   
engagement2 on the side of the ,english1
 in riot and a vain confidence that     
neglected all the necessary             
preparations4 ,the two armies met in the
 morning2 from seven to five the battle 
was fought with equal vigor1 until at   
last the ,norman army pretending to     
break in confusion1 a stratagem to which
 they had been regularly formed1 the    
,english1 elated with success1 suffered 
that firm order in which their security 
consisted to dissipate1 which when      
,william observed1 he gave the signal to
 his men to regain their former         
disposition1 and fall upon the ,english1
 broken and dispersed4 ,harold in this  
emergency did everything which became   
him1 everything possible to collect his 

troops and to renew the engagement2 but 
whilst he flew from place to place1 and 
in all places restored the battle1 an   
arrow pierced his brain1 and he died a  
king1 in a manner worthy of a warrior4  
,the ,english immediately fled2 the rout
 was total1 and the slaughter           
prodigious4  ,the consternation which   
this defeat and the death of ,harold    
produced over the kingdom was more fatal
 than the defeat itself4 ,if ,william   
had marched directly to ,london1 all    
contest had probably been at an end2 but
 he judged it more prudent to secure the
 sea-coast1 to make way for             
reinforcements1 distrusting his fortune 
in his success more than he had done in 
his first attempts4 ,he marched to      
,dover1 where the effect of his victory 
was such that the strong castle there   
surrendered without resistance4 ,had    
this fortress made any tolerable        
defence1 the ,english would have had    
leisure to rouse from their             
consternation1 and plan some rational   

method for continuing the war2 but now  
the conqueror was on full march to      
,london1 whilst the ,english were       
debating concerning the measures they   
should take1 and doubtful in what manner
 they should fill the vacant throne4    
,however1 in this emergency it was      
necessary to take some resolution4 ,the 
party of ,edgar ,atheling prevailed1 and
 he was owned king by the city of       
,london1 which even at this time was    
exceedingly powerful1 and by the        
greatest part of the nobility then      
present4 ,but his reign was of a short  
duration4 ,william advanced by hasty    
marches1 and1 as he approached1 the     
perplexity of the ,english redoubled3   
they had done nothing for the defence of
 the city2 they had no reliance on their
 new king2 they suspected one another2  
there was no authority1 no order1 no    
counsel2 a confused and ill-sorted      
assembly of unwarlike people1 of        
priests1 burghers1 and nobles confounded
 with them in the general panic1 struck 

down by the consternation of the late   
defeat1 and trembling under the bolts of
 the ,papal excommunication1 were unable
 to plan any method of defence3 insomuch
 that1 when he had passed the ,thames   
and drew near to ,london1 the clergy1   
the citizens1 and the greater part of   
the nobles1 who had so lately set the   
crown on the head of ,edgar1 went out to
 meet him2 they submitted to him1 and   
having brought him in triumph to        
,westminster1 he was there solemnly     
crowned ,king of ,england4 ,the whole   
nation followed the example of ,london2 
and one battle gave ,england to the     
,normans1 which had cost the ,romans1   
the ,saxons1 and ,danes so much time and
 blood to acquire4  ,at first view it is
 very difficult to conceive how this    
could have happened to a powerful       
nation1 in which it does not appear that
 the conqueror had one partisan4 ,it    
stands a single event in history1       
unless1 perhaps1 we may compare it with 
the reduction of ,ireland1 some time    

after1 by ,henry the ,second4 ,an       
attentive consideration of the state of 
the kingdom at that critical time may1  
perhaps1 in some measure1 lay open to us
 the cause of this extraordinary        
revolution4 ,the nobility of ,england1  
in which its strength consisted1 was    
much decayed4 ,wars and confiscations1  
but above all the custom of gavelkind1  
had reduced that body very low4 ,at the 
same time some few families had been1   
raised to a degree of power unknown in  
the ancient ,saxon times1 and dangerous 
in all4 ,large possessions1 and a larger
 authority1 were annexed to the offices 
of the ,saxon magistrates1 whom they    
called ,aldermen4 ,this authority1 in   
their long and bloody wars with the     
,danes1 it was found necessary to       
increase1 and often to increase beyond  
the ancient limits4 ,aldermen were      
created for life2 they were then        
frequently made hereditary2 some were   
vested with a power over others2 and at 
this period we begin to hear of dukes   

who governed over several shires1 and   
had many aldermen subject to them4      
,these officers found means to turn the 
royal bounty into an instrument of      
becoming independent of its authority4  
,too great to obey1 and too little to   
protect1 they were a dead weight upon   
the country4 ,they began to cast an eye 
on the crown1 and distracted the nation 
by cabals to compass their designs4 ,at 
the same time they nourished the most   
terrible feuds amongst themselves4 ,the 
feeble government of ,edward established
 these abuses4 ,he could find no method 
of humbling one subject grown too great1
 but by aggrandizing in the same        
excessive degree some others4 ,thus1 he 
endeavored to balance the power of ,earl
 ,godwin by exalting ,leofric1 ,duke of 
,mercia1 and ,siward1 ,duke of          
,northumberland1 to an extravagant      
greatness4 ,the consequence was this3 he
 did not humble ,godwin1 but raised him 
potent rivals4 ,when1 therefore1 this   
prince died1 the lawful successor to the

 crown1 who had nothing but right in his
 favor1 was totally eclipsed by the     
splendor of the great men who had       
adorned themselves with the spoils of   
royalty4 ,the throne was now the prize  
of faction2 and ,harold1 the son of     
,godwin1 having the strongest faction1  
carried it4 ,by this success the        
opposite parties were inflamed with a   
new occasion of rancor and animosity1   
and an incurable discontent was raised  
in the minds of ,edwin and ,morcar1 the 
sons of ,duke ,leofric1 who inherited   
their father's power and popularity3 but
 this animosity operated nothing in     
favor of the legitimate heir1 though it 
weakened the hands of the governing     
prince4  ,the death of ,harold was far  
from putting an end to these evils2 it  
rather unfolded more at large the fatal 
consequences of the ill measures which  
had been pursued4 ,edwin and ,morcar set
 on foot once more their practices to   
obtain the crown2 and when they found   
themselves baffled1 they retired in     

discontent from the councils of the     
nation1 withdrawing thereby a very large
 part of its strength and authority4    
,the council of the nation1 which was   
formed of the clashing factions of a few
 great men1 7for the rest were nothing17
 divided1 disheartened1 weakened1       
without head1 without direction1        
dismayed by a terrible defeat1          
submitted1 because they saw no other    
course1 to a conqueror whose valor they 
had experienced1 and who had hitherto   
behaved with great appearances of equity
 and moderation4 ,as for the grandees1  
they were contented rather to submit to 
this foreign prince than to those whom  
they regarded as their equals and       
enemies4  ,with these causes other      
strong ones concurred4 ,for near two    
centuries the continual and bloody wars 
with the ,danes had exhausted the       
nation2 the peace1 which for a long time
 they were obliged to buy dearly1       
exhausted it yet more2 and it had not   
sufficient leisure nor sufficient means 

of acquiring wealth to yield at this    
time any extraordinary resources4 ,the  
new people1 which after so long a       
struggle had mixed with the ,english1   
had not yet so thoroughly incorporated  
with the ancient inhabitants that a     
perfect union might be expected between 
them1 or that any strong1 uniform1      
national effort might have resulted from
 it4 ,besides1 the people of ,england   
were the most backward in ,europe in all
 improvements1 whether in military or in
 civil life4 ,their towns were meanly   
built1 and more meanly fortified2 there 
was scarcely anything that deserved the 
name of a strong place in the kingdom2  
there was no fortress which1 by         
retarding the progress of a conqueror1  
might give the people an opportunity of 
recalling their spirits and collecting  
their strength4 ,to these we may add1   
that the ,pope's approbation of         
,william's pretensions gave them great  
weight1 especially amongst the clergy1  
and that this disposed and reconciled to

 submission a people whom the           
circumstances we have mentioned had     
before driven to it4     ,,chapter      
,,vii4  ,,of ,,the ,,laws ,,and         
,,institutions ,,of ,,the ,,saxons4     
,before we begin to consider the laws   
and constitutions of the ,saxons1 let us
 take a view of the state of the country
 from whence they are derived1 as it is 
portrayed in ancient writers4 ,this view
 will be the best comment on their      
institutions4 ,let us represent to      
ourselves a people without learning1    
without arts1 without industry1 solely  
pleased and occupied with war1          
neglecting agriculture1 abhorring       
cities1 and seeking their livelihood    
only from pasturage and hunting through 
a boundless range of morasses and       
forests4 ,such a people must necessarily
 be united to each other by very feeble 
bonds2 their ideas of government will   
necessarily be imperfect1 their freedom 
and their love of freedom great4 ,from  
these dispositions it must happen1 of   

course1 that the intention of investing 
one person or a few with the whole      
powers of government1 and the notion of 
deputed authority or representation1 are
 ideas that never could have entered    
their imaginations4 ,when1 therefore1   
amongst such a people any resolution of 
consequence was to be taken1 there was  
no way of effecting it but by bringing  
together the whole body of the nation1  
that every individual might consent to  
the law1 and each reciprocally bind the 
other to the observation of it4 ,this   
polity1 if so it may be called1 subsists
 still in all its simplicity in ,poland4
  ,but as in such a society as we have  
mentioned the people cannot be classed  
according to any political regulations1 
great talents have a more ample sphere  
in which to exert themselves than in a  
close and better formed society4 ,these 
talents must therefore have attracted a 
great share of the public veneration1   
and drawn a numerous train after the    
person distinguished by them1 of those  

who sought his protection1 or feared his
 power1 or admired his qualifications1  
or wished to form themselves after his  
example1 or1 in fine1 of whoever desired
 to partake of his importance by being  
mentioned along with him4 ,these the    
ancient ,gauls1 who nearly resembled the
 ,germans in their customs1 called      
,ambacti2 the ,romans called them       
,comites4 ,over these their chief had a 
considerable power1 and the more        
considerable because it depended upon   
influence rather than institution3      
influence among so free a people being  
the principal source of power4 ,but this
 authority1 great as it was1 never could
 by its very nature be stretched to     
despotism2 because any despotic act     
would have shocked the only principle by
 which that authority was supported1 the
 general good opinion4 ,on the other    
hand1 it could not have been bounded by 
any positive laws1 because laws can     
hardly subsist amongst a people who have
 not the use of letters4 ,it was a      

species of arbitrary power1 softened by 
the popularity from whence it arose4 ,it
 came from popular opinion1 and by      
popular opinion it was corrected4  ,if  
people so barbarous as the ,germans have
 no laws1 they have yet customs that    
serve in their room2 and these customs  
operate amongst them better than laws1  
because they become a sort of ,nature   
both to the governors and the governed4 
,this circumstance in some measure      
removed all fear of the abuse of        
authority1 and induced the ,germans to  
permit their chiefs#di to decide upon   
matters of lesser moment1 their private 
differences1--for so ,tacitus explains  
the minores res4 ,these chiefs were a   
sort of judges1 but not legislators2 nor
 do they appear to have had a share in  
the superior branches of the executive  
part of government1--the business of    
peace and war1 and everything of a      
public nature1 being determined1 as we  
have before remarked1 by the whole body 
of the people1 according to a maxim     

general among the ,germans1 that what   
concerned all ought to be handled by    
all4 ,thus were delineated the faint and
 incorrect outlines of our              
,constitution1 which has since been so  
nobly fashioned and so highly finished4 
,this fine system1 says ,montesquieu1   
was invented in the woods2 but whilst it
 remained in the woods1 and for a long  
time after1 it was far from being a fine
 one1--no more1 indeed1 than a very     
imperfect attempt at government1 a      
system for a rude and barbarous people1 
calculated to maintain them in their    
barbarity4  ,the ancient state of the   
,germans was military3 so that the      
orders into which they were distributed1
 their subordination1 their courts1 and 
every part of their government1 must be 
deduced from an attention to a military 
principle4  ,the ancient ,german people1
 as all the other ,northern tribes1     
consisted of freemen and slaves3 the    
freemen professed arms1 the slaves      
cultivated the ground4 ,but men were not

 allowed to profess arms at their own   
will1 nor until they were admitted to   
that dignity by an established order1   
which at a certain age separated the    
boys from men4 ,for when a young man    
approached to virility1#ej he was not   
yet admitted as a member of the state1  
which was quite military1 until he had  
been invested with a spear in the public
 assembly of his tribe2 and then he was 
adjudged proper to carry arms1 and also 
to assist in the public deliberations1  
which were always held armed4#ea ,this  
spear he generally received from the    
hand of some old and respected chief1   
under whom he commonly entered himself1 
and was admitted among his followers4#eb
 ,no man could stand out as an          
independent individual1 but must have   
enlisted in one of these military       
fraternities2 and as soon as he had so  
enlisted1 immediately he became bound to
 his leader in the strictest dependence1
 which was confirmed by an oath1#ec and 
to his brethren in a common vow for     

their mutual support in all dangers1 and
 for the advancement and the honor of   
their common chief4 ,this chief was     
styled ,senior1 ,lord1 and the like     
terms1 which marked out a superiority in
 age and merit2 the followers were      
called ,ambacti1 ,comites1 ,leudes1     
,vassals1 and other terms1 marking      
submission and dependence4 ,this was the
 very first origin of civil1 or rather1 
military government1 amongst the ancient
 people of ,europe2 and it arose from   
the connection that necessarily was     
created between the person who gave the 
arms1 or knighted the young man1 and him
 that received them2 which implied that 
they were to be occupied in his service 
who originally gave them4 ,these        
principles it is necessary strictly to  
attend to1 because they will serve much 
to explain the whole course both of     
government and real property1 wherever  
the ,german nations obtained a          
settlement3 the whole of their          
government depending for the most part  

upon two principles in our              
nature1--ambition1 that makes one man   
desirous1 at any hazard or expense1 of  
taking the lead amongst others1--and    
admiration1 which makes others equally  
desirous of following him1 from the mere
 pleasure of admiration1 and a sort of  
secondary ambition1 one of the most     
universal passions among men4 ,these two
 principles1 strong1 both of them1 in   
our nature1 create a voluntary          
inequality and dependence4 ,but amongst 
equals in condition there could be no   
such bond1 and this was supplied by     
confederacy2 and as the first of these  
principles created the senior and the   
knight1 the second produced the         
conjurati fratres1 which1 sometimes as a
 more extensive1 sometimes as a stricter
 bond1 are perpetually mentioned in the 
old laws and histories4  ,the relation  
between the lord and the vassal produced
 another effect1--that the leader was   
obliged to find sustenance for his      
followers1 and to maintain them at his  

table1 or give them some equivalent in  
order to their maintenance4 ,it is plain
 from these principles1 that this       
service on one hand1 and this obligation
 to support on the other1 could not have
 originally been hereditary1 but must   
have been entirely in the free choice of
 the parties4  ,but it is impossible    
that such a polity could long have      
subsisted by election alone4 ,for1 in   
the first place1 that natural love which
 every man has to his own kindred would 
make the chief willing to perpetuate the
 power and dignity he acquired in his   
own blood1--and for that purpose1 even  
during his own life1 would raise his    
son1 if grown up1 or his collaterals1 to
 such a rank as they should find it only
 necessary to continue their possession 
upon his death4 ,on the other hand1 if a
 follower was cut off in war1 or fell by
 natural course1 leaving his offspring  
destitute1 the lord could not so far    
forget the services of his vassal as not
 to continue his allowance to his       

children2 and these again growing up1   
from reason and gratitude1 could only   
take their knighthood at his hands from 
whom they had received their education2 
and thus1 as it could seldom happen but 
that the bond1 either on the side of the
 lord or dependant1 was perpetuated1    
some families must have been            
distinguished by a long continuance of  
this relation1 and have been therefore  
looked upon in an honorable light1 from 
that only circumstance from whence honor
 was derived in the ,northern world4    
,thus nobility was seen in ,germany2 and
 in the earliest ,anglo-,saxon times    
some families were distinguished by the 
title of ,ethelings1 or of noble        
descent4 ,but this nobility of birth was
 rather a qualification for the         
dignities of the state than an actual   
designation to them4 ,the ,saxon ranks  
are chiefly designed to ascertain the   
quantity of the composition for personal
 injuries against them4  ,but though    
this hereditary relation was created    

very early1 it must not be mistaken for 
such a regular inheritance as we see at 
this day3 it was an inheritance only    
according to the principles from whence 
it was derived2 by them it was modified4
 ,it was originally a military          
connection2 and if a father loft his son
 under a military age1 so as that he    
could neither lead nor judge his people1
 nor qualify the young men who came up  
under him to take arms1--in order to    
continue the cliental bond1 and not to  
break up an old and strong confederacy1 
and thereby disperse the tribe1 who     
should be pitched upon to head the      
whole1 but the worthiest of blood of the
 deceased leader1 he that ranked next to
 him in his life8#ed ,and this is       
,tanistry1 which is a succession made up
 of inheritance and election1 a         
succession in which blood is inviolably 
regarded1 so far as it was consistent   
with military purposes4 ,it was thus    
that our kings succeeded to the throne  
throughout the whole time of the        

,anglo-,saxon1 empire4 ,the first kings 
of the ,franks succeeded in the same    
manner1 and without all doubt the       
succession of all the inferior          
chieftains was regulated by a similar   
law4 ,very frequent examples occur in   
the ,saxon times1 where the son of the  
deceased king1 if under age1 was        
entirely passed over1 and his uncle1 or 
some remoter relation1 raised to the    
crown2 but there is not a single        
instance where the election has carried 
it out of the blood4 ,so that1 in truth1
 the controversy1 which has been managed
 with such heat1 whether in the ,saxon  
times the crown was hereditary or       
elective1 must be determined in some    
degree favorably for the litigants on   
either side2 for it was certainly both  
hereditary and elective within the      
bounds1 which we have mentioned4 ,this  
order prevailed in ,ireland1 where the  
,northern customs were retained some    
hundreds of years after the rest of     
,europe had in a great measure receded  

from them4 ,tanistry continued in force 
there until the beginning of the last   
century4 ,and we have greatly to regret 
the narrow notions of our lawyers1 who  
abolished the authority of the ,brehon  
law1 and at the same time kept no       
monuments of it1--which if they had     
done1 there is no doubt but many things 
of great value towards determining many 
questions relative to the laws1         
antiquities1 and manners of this and    
other countries had been preserved4 ,but
 it is clear1 though it has not been1 ,i
 think1 observed1 that the ascending    
collateral branch was much regarded     
amongst the ancient ,germans1 and even  
preferred to that of the immediate      
possessor1 as being1 in case of an      
accident arriving to the chief1 the     
presumptive heir1 and him on whom the   
hope of the family was fixed3 and this  
is upon the principles of ,tanistry4    
,and the rule seems to have taken such  
deep root as to have much influenced a  
considerable article of our feudal law3 

for1 what is very singular1 and1 ,i take
 it1 otherwise unaccountable1 a         
collateral warranty bound1 even without 
any descending assets1 where the lineal 
did not1 unless something descended2 and
 this subsisted invariably in the law   
until this century4  ,thus we have seen 
the foundation of the ,northern         
government and the orders of their      
people1 which consisted of dependence   
and confederacy3 that the principal end 
of both was military2 that protection   
and maintenance were due on the part of 
the chief1 obedience on that of the     
follower2 that the followers should be  
bound to each other as well as to the   
chief2 that this headship was not at    
first hereditary1 but that it continued 
in the blood by an order of its own1    
called ,tanistry4  ,all these           
unconnected and independent parts were  
only linked together by a common        
council3 and here religion interposed4  
,their priests1 the ,druids1 having a   
connection throughout each state1 united

 it4 ,they called the assembly of the   
people3 and here their general          
resolutions were taken2 and the whole   
might rather be called a general        
confederacy than a government4 ,in no   
other bonds1 ,i conceive1 were they     
united before they quitted ,germany4 ,in
 this ancient state we know them from   
,tacitus4 ,then follows an immense gap1 
in which undoubtedly some changes were  
made by time2 and we hear little more of
 them until we find them ,christians1   
and makers of written laws4 ,in this    
interval of time the origin of kings may
 be traced out4 ,when the ,saxons left  
their own country in search of new      
habitations1 it must be supposed that   
they followed their leaders1 whom they  
so much venerated at home2 but as the   
wars which made way for their           
establishment continued for a long time1
 military obedience made them familiar  
with a stricter authority4 ,a           
subordination1 too1 became necessary    
among the leaders of each band of       

adventurers3 and being habituated to    
yield an obedience to a single person in
 the field1 the lustre of his command   
and the utility of the institution      
easily prevailed upon them to suffer him
 to form the band of their union in time
 of peace1 under the name of ,king4 ,but
 the leader neither knew the extent of  
the power he received1 nor the people of
 that which they bestowed4 ,equally     
unresolved were they about the method of
 perpetuating it1--sometimes filling the
 vacant throne by election1 without     
regard to1 but more frequently          
regarding1 the blood of the deceased    
prince2 but it was late before they fell
 into any regular plan of succession1 if
 ever the ,anglo-,saxons attained it4   
,thus their polity was formed slowly2   
the prospect clears up by little and    
little2 and this species of an irregular
 republic we see turned into a monarchy 
as irregular4 ,it is no wonder that the 
advocates for the several parties among 
us find something to favor their several

 notions in the ,saxon government1 which
 was never supported by any fixed or    
uniform principle4 ,to comprehend the   
other parts of the government of our    
ancestors1 we must take notice of the   
orders into winch they were classed4 ,as
 well as we can judge in so obscure a   
matter1 they were divided into nobles or
 gentlemen1 freeholders1 freemen that   
were not freeholders1 and slaves4 ,of   
these last we have little to say1 as    
they were nothing in the state4 ,the    
nobles were called ,thanes1 or servants4
 ,it must be remembered that the ,german
 chiefs were raised to that honorable   
rank by those qualifications which drew 
after them a numerous train of followers
 and dependants4#ee ,if it was honorable
 to be followed by a numerous train1 so 
it was honorable in a secondary degree  
to be a follower of a man of            
consideration2 and this honor was the   
greater in proportion to the quality of 
the chief1 and to the nearness of the   
attendance on his person4 ,when a       

monarchy was formed1 the splendor of the
 crown naturally drowned all the        
inferior honors2 and the attendants on  
the person of the king were considered  
as the first in rank1 and derived their 
dignity from their service4 ,yet as the 
,saxon government had still a large     
mixture of the popular1 it was likewise 
requisite1 in order to raise a man to   
the first rank of thanes1 that he should
 have a suitable attendance and sway    
amongst the people4 ,to support him in  
both of these1 it was necessary that he 
should have a competent estate4         
,therefore in this service of the king1 
this attendance on himself1 and this    
estate to support both1 the dignity of a
 thane consisted4 ,i understand here a  
thane of the first order4  ,sidenote3   
,hallmote1 or ,court-,baron4  ,every    
thane1 in the distribution of his lands1
 had two objects in view3 the support of
 his family1 and the maintenance of his 
dignity4 ,he therefore retained in his  
own hands a parcel of land near his     

house1 which in the ,saxon times was    
called inland1 and afterwards his       
demesne1 which served to keep up his    
hospitality3 and this land was          
cultivated either by slaves1 or by the  
poorer sort of people1 who held lands of
 him by the performance of this service4
 ,the other portion of his estate he    
either gave for life or lives to his    
followers1 men of a liberal condition1  
who served the greater thane1 as he     
himself served the king4 ,they were     
called ,under ,thanes1 or1 according to 
the language of that time1 ,theoden4#ef 
,they served their lord in all public   
business2 they followed him in war2 and 
they sought justice in his court in all 
their private differences4 ,these may be
 considered as freeholders of the better
 sort1 or indeed a sort of lesser gentry
 therefore1 as they were not the        
absolute dependants1 but in some measure
 the peers of their lord1 when they sued
 in his court1 they claimed the         
privilege of all the ,german freemen1   

the right of judging one another3 the   
lord's steward was only the register4   
,this domestic court1 which continued in
 full vigor for many ages1 the ,saxons  
called ,hall mote1 from the place in    
which it was held2 the ,normans1 who    
adopted it1 named it a ,court-,baron4   
,this court had another department1 in  
which the power of the lord was more    
absolute4 ,from the most ancient times  
the ,german nobility considered         
themselves as the natural judges of     
those who were employed in the          
cultivation of their lands1 looking on  
husbandmen with contempt1 and only as a 
parcel of the soil which they tilled3 to
 these the ,saxons commonly allotted    
some part of their outlands to hold as  
tenants at will1 and to perform very low
 services for them4 ,the differences of 
these inferior tenants were decided in  
the lord's court1 in which his steward  
sat as judge2 and this manner of tenure 
probably gave an origin to              
copyholders4#eg ,their estates were at  

will1 but their persons were free3 nor  
can we suppose that villains1 if we     
consider villains as synonymous to      
slaves1 could ever by any natural course
 have risen to copyholders2 because the 
servile condition of the villain's      
person would always have prevented that 
stable tenure in the lands which the    
copyholders came to in very early times4
 ,the merely servile part of the nation 
seems never to have been known by the   
name of ,villains or ,ceorles1 but by   
those of ,bordars1 ,esnes1 and ,theowes4
  ,sidenote3 ,tithing ,court4  ,as there
 were large tracts throughout the       
country not subject to the jurisdiction 
of any thane1 the inhabitants of which  
were probably some remains of the       
ancient ,britons not reduced to absolute
 slavery1 and such ,saxons as had not   
attached themselves to the fortunes of  
any leading man1 it was proper to find  
some method of uniting and governing    
these detached parts of the nation1     
which had not been brought into order by

 any private dependence4 ,to answer this
 end1 the whole kingdom was divided into
 ,shires1 these into ,hundreds1 and the 
,hundreds into ,tithings4#eh ,this      
division was not made1 as it is         
generally imagined1 by ,king ,alfred1   
though he might have introduced better  
regulations concerning it2 it prevailed 
on the continent1 wherever the ,northern
 nations had obtained a settlement2 and 
it is a species of order extremely      
obvious to all who use the decimal      
notation3 when for the purposes of      
government they divide a county1 tens   
and hundreds are the first modes of     
division which occur4 ,the ,tithing1    
which was the smallest of these         
divisions1 consisted of ten heads of    
families1 free1 and of some             
consideration4 ,these held a court every
 fortnight1 which they called the       
,folkmote1 or ,leet1 and there became   
reciprocally bound to each other and to 
the public for their own peaceable      
behavior and that of their families and 

dependants4 ,every man in the kingdom1  
except those who belonged to the        
seigneurial courts we have mentioned1   
was obliged to enter himself into some  
tithing3 to this he was inseparably     
attached2 nor could he by any means quit
 it without license from the head of the
 tithing2 because1 if he was guilty of  
any misdemeanor1 his district was       
obliged to produce him or pay his fine4 
,in this manner was the whole nation1 as
 it were1 held under sureties3 a species
 of regulation undoubtedly very wise    
with regard to the preservation of peace
 and order1 but equally prejudicial to  
all improvement in the minds or the     
fortunes of the people1 who1 fixed      
invariably to the spot1 were depressed  
with all the ideas of their original    
littleness1 and by all that envy which  
is sure to arise in those who see their 
equals attempting to mount over them4   
,this rigid order deadened by degrees   
the spirit of the ,english1 and narrowed
 their conceptions4 ,everything was new 

to them1 and therefore everything was   
terrible2 all activity1 boldness1       
enterprise1 and invention died away4    
,there may be a danger in straining too 
strongly the bonds of government4 ,as a 
life of absolute license tends to turn  
men into savages1 the other extreme of  
constraint operates much in the same    
manner3 it reduces them to the same     
ignorance1 but leaves them nothing of   
the savage spirit4 ,these regulations   
helped to keep the people of ,england   
the most backward in ,europe2 for though
 the division into shires and hundreds  
and tithings was common to them with the
 neighboring nations1 yet the           
frankpledge seems to be a peculiarity in
 the ,english ,constitution2 and for    
good reasons they have fallen into      
disuse1 though still some traces of them
 are to be found in our laws4           
,sidenote3 ,hundred ,court4  ,ten of    
these tithings made an ,hundred4 ,here  
in ordinary course they held a monthly  
court for the centenary1 when all the   

suitors of the subordinate tithings     
attended4 ,here were determined causes  
concerning breaches of the peace1 small 
debts1 and such matters as rather       
required a speedy than a refined        
justice4  ,sidenote3 ,county ,court4    
,sidenote3 ,ealdorman and ,bishop4      
,there was in the ,saxon ,constitution a
 great simplicity4 ,the higher order of 
courts were but the transcript of the   
lower1 somewhat more extended in their  
objects and in their power2 and their   
power over the inferior courts proceeded
 only from their being a collection of  
them all4 ,the ,county or ,shire ,court 
was the great resort for justice 7for   
the four great courts of record did not 
then exist74 ,it served to unite all the
 inferior districts with one another1   
and those with the private jurisdiction 
of the thanes4 ,this court had no fixed 
place4 ,the alderman of the shire       
appointed it4 ,hither came to account   
for their own conduct1 and that of those
 beneath them1 the bailiffs of hundreds 

and tithings and boroughs1 with their   
people1--the thanes of either rank1 with
 their dependants1--a vast concourse of 
the clergy of all orders3 in a word1 of 
all who sought or distributed justice4  
,in this mixed assembly the obligations 
contracted in the inferior courts were  
renewed1 a general oath of allegiance to
 the king was taken1 and all debates    
between the several inferior cordinate  
jurisdictions1 as well as the causes of 
too much weight for them1 finally       
determined4 ,in this court presided 7for
 in strict signification he does not    
seem to have been a judge7 an officer of
 great consideration in those times1    
called the ,ealdorman of the ,shire4    
,with him sat the bishop1 to decide in  
whatever related to the ,church1 and to 
mitigate the rigor of the law by the    
interposition of equity1 according to   
the species of mild justice that suited 
the ecclesiastical character4 ,it       
appears by the ancient ,saxon laws1 that
 the bishop was the chief acting person 

in this court4 ,the reverence in which  
the clergy were then held1 the superior 
learning of the bishop1 his succeeding  
to the power and jurisdiction of the    
,druid1 all contributed to raise him far
 above the ealdorman1 and to render it  
in reality his court4 ,and this was     
probably the reason of the extreme      
lenity of the ,saxon laws4 ,the canons  
forbade the bishops to meddle in cases  
of blood4 ,amongst the ancient ,gauls   
and ,germans the ,druid could alone     
condemn to death2 so that on the        
introduction of ,christianity there was 
none who could1 in ordinary course1     
sentence a man to capital punishment3   
necessity alone forced it in a few      
cases4  ,concerning the right of        
appointing the ,alderman of the ,shire  
there is some uncertainty4 ,that he was 
anciently elected by his county is      
indisputable2 that an alderman of the   
shire was appointed by the crown seems  
equally clear from the writings of ,king
 ,alfred4 ,a conjecture of ,spelman     

throws some light upon this affair4 ,he 
conceives that there were two aldermen  
with concurrent jurisdiction1 one of    
whom was elected by the people1 the     
other appointed by the king4 ,this is   
very probable1 and very correspondent to
 the nature of the ,saxon ,constitution1
 which was a species of democracy poised
 and held together by a degree of       
monarchical power4 ,if the king had no  
officer to represent him in the county  
court1 wherein all the ordinary business
 of the nation was then transacted1 the 
state would have hardly differed from a 
pure democracy4 ,besides1 as the king   
had in every county large landed        
possessions1 either in his demesne1 or  
to reward and pay his officers1 he would
 have been in a much worse condition    
than any of his subjects1 if he had been
 destitute of a magistrate to take care 
of his rights and to do justice to his  
numerous vassals4 ,it appears1 as well  
as we can judge in so obscure a matter1 
that the popular alderman was elected   

for a year only1 and that the royal     
alderman held his place at the king's   
pleasure4 ,this latter office1 however1 
in process of time1 was granted for     
life2 and it grew afterwards to be      
hereditary in many shires4  ,sidenote3  
,the ,sheriff4  ,sidenote3 ,sheriff's   
,tourn4  ,we cannot pretend to say when 
the ,sheriff came to be substituted in  
the place of the ,ealdorman3 some       
authors think ,king ,alfred the         
contriver of this regulation4 ,it might 
have arisen from the nature of the thing
 itself4 ,as several persons of         
consequence enough to obtain by their   
interest or power the place of alderman 
were not sufficiently qualified to      
perform the duty of the office1 they    
contented themselves with the honorary  
part1 and left the judicial province to 
their substitute4#ei ,the business of   
the robe to a rude martial people was   
contemptible and disgusting4 ,the       
thanes1 in their private jurisdictions1 
had delegated their power of judging to 

their reeves1 or stewards2 and the earl1
 or alderman1 who was in the shire what 
the thane was in his manor1 for the same
 reasons officiated by his deputy1 the  
shire-reeve4 ,this is the origin of the 
,sheriff's ,tourn1 which decided in all 
affairs1 civil and criminal1 of whatever
 importance1 and from which there lay no
 appeal but to the ,witenagemote4 ,now  
there scarce remains the shadow of a    
body formerly so great3 the judge being 
reduced almost wholly to a ministerial  
officer2 and to the court there being   
left nothing more than the cognizance of
 pleas under forty shillings1 unless by 
a particular writ or special commission4
 ,but by what steps such a revolution   
came on it will be our business         
hereafter to inquire4  ,sidenote3       
,witenagemote4  ,the ,witenagemote or   
,saxon ,parliament1 the supreme court1  
had authority over all the rest1 not    
upon any principle of subordination1 but
 because it was formed of all the rest4 
,in this assembly1 which was held       

annually1 and sometimes twice a year1   
sat the earls and bishops and greater   
thanes1 with the other officers of the  
crown4#fj ,so far as we can judge by the
 style of the ,saxon laws1 none but the 
thanes1 or nobility1 were considered as 
necessary constituent parts of this     
assembly1 at least whilst it acted      
deliberatively4 ,it is true that great  
numbers of all ranks of people attended 
its session1 and gave by their          
attendance1 and their approbation of    
what was done1 a sanction to the laws2  
but when they consented to anything1 it 
was rather in the way of acclamation    
than by the exercise of a deliberate    
voice1 or a regular assent or negative4 
,this may be explained by considering   
the analogy of the inferior assemblies4 
,all persons1 of whatever rank1 attended
 at the county courts2 but they did not 
go there as judges1 they went to sue for
 justice1--to be informed of their duty1
 and to be bound to the performance of  
it4 ,thus all sorts of people attended  

at the ,witenagemotes1 not to make laws1
 but to attend at the promulgation of   
the laws2#fa as among so free a people  
every institution must have wanted much 
of its necessary authority1 if not      
confirmed by the general approbation4   
,lambard is of opinion that in these    
early times the commons sat1 as they do 
at this day1 by representation from     
shires and boroughs2 and he supports his
 opinion by very plausible reasons4 ,a  
notion of this kind1 so contrary to the 
simplicity of the ,saxon ideas of       
government1 and to the genius of that   
people1 who held the arts and commerce  
in so much contempt1 must be founded on 
such appearances as no other explanation
 can account for4  ,to the reign of     
,henry the ,second1 the citizens and    
burgesses were little removed from      
absolute slaves4 ,they might be taxed   
individually at what sum the king       
thought fit to demand2 or they might be 
discharged by offering the king a sum1  
from which1 if he accepted it1 the      

citizens were not at liberty to recede2 
and in either case the demand was       
exacted with severity1 and even cruelty4
 ,a great difference is made between    
taxing them and those who cultivate     
lands3 because1 says my author1 their   
property is easily concealed2 they live 
penuriously1 are intent by all methods  
to increase their substance1 and their  
immense wealth is not easily exhausted4 
,such was their barbarous notion of     
trade and its importance4 ,the same     
author1 speaking of the severe taxation1
 and violent method of extorting it1    
observes that it is a very proper       
method1--and that it is very just that a
 degenerate officer1 or other freeman1  
rejecting his condition for sordid gain1
 should be punished beyond the common   
law of freemen4  ,i take it that those  
who held by ancient demesne did not     
prescribe simply not to contribute to   
the expenses of the knight of the shire2
 but they prescribed1 as they did in all
 cases1 upon a general principle1 to pay

 no tax1 nor to attend any duty of      
whatever species1 because they were the 
king's villains4 ,the argument is drawn 
from the poverty of the boroughs1 which 
ever since the ,conquest have been of no
 consideration1 and yet send members to 
,parliament2 which they could not do1   
but by some privileges inherent in them1
 on account of a practice of the same   
kind in the ,saxon times1 when they were
 of more repute4 ,it is certain that    
many places now called boroughs were    
formerly towns or villages in ancient   
demesne of the king1 and had1 as such1  
writs directed to them to appear in     
,parliament1 that they might make a free
 gift or benevolence1 as the boroughs   
did2 and from thence arose the custom of
 summoning them4 ,this appears by       
sufficient records4 ,and it appears by  
records also1 that it was much at the   
discretion of the sheriff what boroughs 
he should return2 a general writ was    
directed to him to return for all the   
boroughs in a shire2 sometimes boroughs 

which had formerly sent members to      
,parliament were quite passed over1 and 
others1 never considered as such before1
 were returned4 ,what is called the     
prescription on this occasion was rather
 a sort of rule to direct the sheriff in
 the execution of his general power than
 a right inherent in any boroughs4 ,but 
this was long after the time of which we
 speak4 ,in whatever manner we consider 
it1 we must own that this subject during
 the ,saxon times is extremely dark4    
,one thing1 however1 is1 ,i think1 clear
 from the whole tenor of their          
government1 and even from the tenor of  
the ,norman ,constitution long after3   
that their ,witenagemotes or            
,parliaments were unformed1 and that the
 rights by which the members held their 
seats were far from being exactly       
ascertained4 ,the ,judicia ,civitatis   
,londoni afford a tolerable insight into
 the ,saxon method of making and        
executing laws4 ,first1 the king called 
together his bishops1 and such other    

persons as he thought proper4 ,this     
council1 or ,witenagemote1 having made  
such laws as seemed convenient1 they    
then swore to the observance of them4   
,the king sent a notification of these  
proceedings to each ,burgmote1 where the
 people of that court also swore to the 
observance of them1 and confederated1 by
 means of mutual strength and common    
charge1 to prosecute delinquents against
 them4 ,nor did there at that time seem 
to be any other method of enforcing new 
laws or old4 ,for as the very form of   
their government subsisted by a         
confederacy continually renewed1 so1    
when a law was made1 it was necessary   
for its execution to have again recourse
 to confederacy1 which was the great1   
and ,i should almost say the only1      
principle of the ,anglo-,saxon          
government4  ,what rights the king had  
in this assembly is a matter of equal   
uncertainty4#fb ,the laws generally run 
in his name1 with the assent of his wise
 men1 c4 ,but considering the low       

estimation of royalty in those days1    
this may rather be considered as the    
voice of the executive magistrate1 of   
the person who compiled the law and     
propounded it to the ,witenagemote for  
their consent1 than of a legislator     
dictating from his own proper authority4
 ,for then1 it seems1 the law was       
digested by the king or his council for 
the assent of the general assembly4     
,that order is now reversed4 ,all these 
things are1 ,i think1 sufficient to show
 of what a visionary nature those       
systems are which would settle the      
ancient ,constitution in the most remote
 times exactly in the same form in which
 we enjoy it at this day1--not          
considering that such mighty changes in 
manners1 during so many ages1 always    
must produce a considerable change in   
laws1 and in the forms as well as the   
powers of all governments4  ,we shall   
next consider the nature of the laws    
passed in these assemblies1 and the     
judicious manner of proceeding in these 

several courts which we have described4 
,sidenote3 ,saxon laws4  ,the           
,anglo-,saxons trusted more to the      
strictness of their police1 and to the  
simple manners of their people1 for the 
preservation of peace and order1 than to
 accuracy or exquisite digestion of     
their laws1 or to the severity of the   
punishments which they inflicted4#fc    
,the laws which remain to us of that    
people seem almost to regard two points 
only3 the suppressing of riots and      
affrays1--and the regulation of the     
several ranks of men1 in order to adjust
 the fines for delinquencies according  
to the dignity of the person offended1  
or to the quantity of the offence4 ,in  
all other respects their laws seem very 
imperfect4 ,they often speak in the     
style of counsel as well as that of     
command4 ,in the collection of laws     
attributed to ,alfred we have the       
,decalogue transcribed1 with no small   
part of the ,levitical law2 in the same 
code are inserted many of the ,saxon    

institutions1 though these two laws were
 in all respects as opposite as could   
possibly be imagined4 ,these            
indisputable monuments of our ancient   
rudeness are a very sufficient          
confutation of the panegyrical          
declamations in which some persons would
 persuade us that the crude institutions
 of an unlettered people had attained an
 height which the united efforts of     
necessity1 learning1 inquiry1 and       
experience can hardly reach to in many  
ages4 ,we must add1 that1 although as   
one people under one head there was some
 resemblance in the laws and customs of 
our ,saxon ancestors throughput the     
kingdom1 yet there was a considerable   
difference1 in many material points1    
between the customs of the several      
shires3 nay1 that in different manors   
subsisted a variety of laws not         
reconcilable with each other1 some of   
which custom1 that caused them1 has     
abrogated2 others have been overruled by
 laws or public judgment to the         

contrary2 not a few subsist to this     
time4  ,sidenote3 ,purgation by oath4   
,sidenote3 ,by ordeal4  ,the ,saxon     
laws1 imperfect and various as they     
were1 served in some tolerable degree a 
people who had by their ,constitution an
 eye on each other's concerns1 and      
decided almost all matters of any doubt 
amongst them by methods which1 however  
inadequate1 were extremely simple4 ,they
 judged every controversy either by the 
conscience of the parties1 or by the    
country's opinion of it1 or what they   
judged an appeal to ,providence4 ,they  
were unwilling to submit to the trouble 
of weighing contradictory testimonies2  
and they were destitute of those        
critical rules by which evidence is     
sifted1 the true distinguished from the 
false1 the certain from the uncertain4  
,originally1 therefore1 the defendant in
 the suit was put to his oath1 and if on
 oath he denied the debt or the crime   
with which he was charged1 he was of    
course acquitted4 ,but when the first   

fervors of religion began to decay1 and 
fraud and the temptations to fraud to   
increase1 they trusted no longer to the 
conscience of the party4 ,they cited him
 to an higher tribunal1--the immediate  
judgment of ,god4 ,their trials were so 
many conjurations1 and the magical      
ceremonies of barbarity and heathenism  
entered into law and religion4 ,this    
supernatural method of process they     
called ,god's ,dome2 it is generally    
known by the name of ,ordeal1 which in  
the ,saxon language signifies the ,great
 ,trial4 ,this trial was made either by 
fire or water3 that by fire was         
principally reserved for persons of     
rank2 that by water decided the fate of 
the vulgar2 sometimes it was at the     
choice of the party4 ,a piece of iron1  
kept with a religious veneration in some
 monastery1 which claimed this privilege
 as an honor1 was brought forth into the
 church upon the day of trial2 and it   
was there again consecrated to this     
awful purpose by a form of service still

 extant4 ,a solemn mass was performed2  
and then the party accused appeared1    
surrounded by the clergy1 by his judges1
 and a vast concourse of people1        
suspended and anxious for the event2 all
 that assisted purified themselves by a 
fast of three days2 and the accused1 who
 had undergone the same fast1 and       
received the sacrament1 took the        
consecrated iron1 of about a pound      
weight1 heated red1 in his naked hand1  
and in that manner carried it nine feet4
 ,this done1 the hand was wrapped up and
 sealed in the presence of the whole    
assembly4 ,three nights being passed1   
the seals were opened before all the    
people3 if the hand was found without   
any sore inflicted by the fire1 the     
party was cleared with universal        
acclamation2 if on the contrary a raw   
sore appeared1 the party1 condemned by  
the judgment of ,heaven1 had no further 
plea or appeal4 ,sometimes the accused  
walked over nine hot irons3 sometimes   
boiling water was used2 into this the   

man dipped his hand to the arm4 ,the    
judgment by water was accompanied by the
 solemnity of the same ceremonies4 ,the 
culprit was thrown into a pool of water1
 in which if he did not sink1 he was    
adjudged guilty1 as though the element  
7they said7 to which they had committed 
the trial of his innocency had rejected 
him4  ,both these species of ordeal1    
though they equally appealed to ,god1   
yet went on different principles4 ,in   
the fire ordeal a miracle must be       
wrought to acquit the party2 in the     
water a miracle was necessary to convict
 him4 ,is there any reason for this     
extraordinary distinction8 or must we   
resolve it solely into the irregular    
caprices of the human mind8 ,the        
greatest genius which has enlightened   
this age seems in this affair to have   
been carried by the sharpness of his wit
 into a subtilty hardly to be justified 
by the way of thinking of that          
unpolished period4 ,speaking of the     
reasons for introducing this method of  

trial1 ,qui ne voit1 says he1 que1 chez 
un peuple exerc  manier des armes1 la   
peau rude et calleuse ne devoit pas     
recevoir assez l'impression du fer      
chaud1 444 pour qu'il y part trois jours
 aprs8 ,et s'il y paroissoit1 c'toit une
 marque que celui qui faisoit l'preuve  
toit un effmin4 ,and this mark of       
effeminacy1 he observes1 in those       
warlike times1 supposed that the man has
 resisted the principles of his         
education1 that he is insensible to     
honor1 and regardless of the opinion of 
his country4 ,but supposing the effect  
of hot iron to be so slight even on the 
most callous hands1 of which1 however1  
there is reason to doubt1 yet we can    
hardly admit this reasoning1 when we    
consider that women were subjected to   
this fire ordeal1 and that no other     
women than those of condition could be  
subjected to it4 ,montesquieu answers   
the objection1 which he foresaw would be
 made1 by remarking1 that women might   
have avoided this proof1 if they could  

find a champion to combat in their      
favor2 and he thinks a just presumption 
might be formed against a woman of rank 
who was so destitute of friends as to   
find no protector4 ,it must be owned    
that the barbarous people all over      
,europe were much guided by presumptions
 in all their judicial proceedings2 but 
how shall we reconcile all this with the
 custom of the ,anglo-,saxons1 among    
whom the ordeal was in constant use1 and
 even for women1 without the alternative
 of the combat1 to which it appears this
 people were entire strangers8 ,what    
presumption can arise from the event of 
the water ordeal1 in which no callosity 
of hands1 no bravery1 no skill in arms1 
could be in any degree serviceable8 ,the
 causes of both may with more success be
 sought amongst the superstitious ideas 
of the ancient ,northern world4 ,amongst
 the ,germans the administration of the 
law was in the hands of the priests or  
,druids4#fd ,and as the ,druid worship  
paid the highest respect to the elements

 of fire and water1 it was very natural 
that they who abounded with so many     
conjurations for the discovery of       
doubtful facts or future events should  
make use of these elements in their     
divination4 ,it may appear the greater  
wonder1 how the people came to continue 
so long1 and with1 such obstinacy1 after
 the introduction of ,christianity1 and 
in spite of the frequent injunctions of 
the ,pope1 whose authority was then much
 venerated1 in the use of a species of  
proof the insufficiency of which a      
thousand examples might have detected4  
,but this is perhaps not so             
unaccountable4 ,persons were not put to 
this trial1 unless there was pretty     
strong evidence against them1 something 
sufficient to form what is equivalent to
 a corpus delicti2 they must have been  
actually found guilty by the            
duodecemvirale judicium1 before they    
could be subjected in any sort to the   
ordeal4 ,it was in effect showing the   
accused an indulgence to give him this  

chance1 even such a chance as it was1 of
 an acquittal2 and it was certainly much
 milder than the torture1 which is used1
 with full as little certainty of       
producing its end1 among the most       
civilized nations4 ,and the ordeal      
without question frequently operated by 
the mere terror4 ,many persons1 from a  
dread of the event1 chose to discover   
rather than to endure the trial4 ,of    
those that did endure it1 many must     
certainly have been guilty4 ,the        
innocency of some who suffered could    
never be known with certainty4 ,others  
by accident might have escaped2 and this
 apparently miraculous escape had great 
weight in confirming the authority of   
this trial4 ,how long did we continue in
 punishing innocent people for          
witchcraft1 though experience might1 to 
thinking persons1 have frequently       
discovered the injustice of that        
proceeding6 whilst to the generality a  
thousand equivocal appearances1         
confessions from fear or weakness1 in   

fine1 the torrent of popular prejudice  
rolled down through so many ages1       
conspired to support the delusion4      
,sidenote3 ,compurgation4  ,to avoid as 
much as possible this severe mode of    
trial1 and at the same time to leave no 
inlet for perjury1 another method of    
clearing was devised4 ,the party accused
 of any crime1 or charged in a civil    
complaint1 appeared in court with some  
of his neighbors1 who were called his   
,compurgators2 and when on oath he      
denied the charge1 they swore that they 
believed his oath to be true4#fe ,these 
compurgators were at first to be three2 
afterwards five were required2 in       
process of time twelve became           
necessary4#ff ,as a man might be charged
 by the opinion of the country1 so he   
might also be discharged by it3 twelve  
men were necessary to find him guilty1  
twelve might have acquitted him4 ,if    
opinion supports all government1 it not 
only supported in the general sense1 but
 it directed every minute part in the   

,saxon polity4 ,a man who did not seem  
to have the good opinion of those among 
whom he lived was judged to be guilty1  
or at least capable of being guilty1 of 
every crime4 ,it was upon this principle
 that a man who could not find the      
security of some tithing or friborg for 
his behavior1#fg he that was upon       
account of this universal desertion     
called ,friendless ,man1 was by our     
ancestors condemned to death1--a        
punishment which the lenity of the      
,english laws in that time scarcely     
inflicted for any crime1 however clearly
 proved3 a circumstance which strongly  
marks the genius of the ,saxon          
government4  ,sidenote3 ,trial by the   
,country4  ,on the same principle from  
which the trial by the oath of          
compurgators was derived1 was derived   
also the ,trial by the ,country1 which  
was the method of taking the sense of   
the neighborhood on any dubious fact4   
,if the matter was of great importance1 
it was put in the full ,shiremote2 and  

if the general voice acquitted or       
condemned1 decided for one party or the 
other1 this was final in the cause4 ,but
 then it was necessary that all should  
agree3 for it does not appear that our  
ancestors1 in those days1 conceived how 
any assembly could be supposed to give  
an assent to a point concerning which   
several who composed that assembly      
thought differently4 ,they had no idea  
that a body composed of several could   
act by the opinion of a small majority4 
,but experience having shown that this  
method of trial was tumultuary and      
uncertain1 they corrected it by the idea
 of compurgation4 ,the party concerned  
was no longer put to his oath1--he      
simply pleaded2 the compurgators swore  
as before in ancient times2 therefore   
the jury were strictly from the         
neighborhood1 and were supposed to have 
a personal knowledge of the man and the 
fact4 ,they were rather a sort of       
evidence than judges3 and from hence is 
derived that singularity in our laws1   

that most of our judgments are given    
upon verdict1 and not upon evidence1    
contrary to the laws of most other      
countries4 ,neither are our juries      
bound1 except by one particular statute1
 and in particular cases1 to observe any
 positive testimony1 but are at liberty 
to judge upon presumptions4 ,these are  
the first rude chalkings-out of our     
jurisprudence4 ,the ,saxons were        
extremely imperfect in their ideas of   
law1--the civil institutions of the     
,romans1 who were the legislators of    
mankind1 having never reached them4 ,the
 order of our courts1 the discipline of 
our jury1 by which it is become so      
elaborate a contrivance1 and the        
introduction of a sort of scientific    
reason in the law1 have been the work of
 ages4  ,as the ,saxon laws did not     
suffer any transaction1 whether of the  
sale of land or goods1 to pass but in   
the shire and before witnesses1 so all  
controversies of them were concluded by 
what they called the scyre witness4#fh  

,this was tried by the oaths of the     
parties1 by viv voce testimony1 and the 
producing of charters and records4 ,then
 the people1 laity and clergy1 whether  
by plurality of votes or by what other  
means is not very certain1 affirmed the 
testimony in favor of one of the        
claimants4 ,then the proceeding was     
signed1 first by those who held the     
court1 and then by the persons who      
affirmed the judgment1 who also swore to
 it in the same manner4#fi  ,sidenote3  
,punishments4  ,the ,saxons were        
extremely moderate in their punishments4
 ,murder and treason were compounded1   
and a fine set for every offence4       
,forfeiture for felony was incurred only
 by those that fled4 ,the punishment    
with death was very rare1--with torture 
unknown4 ,in all ancient nations1 the   
punishment of crimes was in the family  
injured by them1 particularly in case of
 murder4#gj ,this brought deadly feuds  
amongst the people1 which1 in the       
,german nations particularly1 subsisted 

through several generations4 ,but as a  
fruitless revenge could answer little   
purpose to the parties injured and was  
ruinous to the public peace1 by the     
interposal of good offices they were    
prevailed upon to accept some           
composition in lieu of the blood of the 
aggressor1 and peace was restored4 ,the 
,saxon government did little more than  
act the part of arbitrator between the  
contending parties1 exacted the payment 
of this composition1 and reduced it to a
 certainty4 ,however1 the king1 as the  
sovereign of all1 and the sheriff1 as   
the judicial officer1 had their share in
 those fines4 ,this unwillingness to    
shed blood1 which the ,saxon customs    
gave rise to1 the ,christian religion   
confirmed4 ,yet was it not altogether so
 imperfect as to have no punishment     
adequate to those great delinquencies   
which tend entirely to overturn a state1
 public robbery1 murder of the lord4#ga 
,sidenote3 ,origin of succession4       
,sidenote3 ,annual property4  ,as       

amongst the ,anglo-,saxons government   
depended in some measure upon           
land-property1 it will not be amiss to  
say something upon their manner of      
holding and inheriting their lands4 ,it 
must not be forgot that the ,germans    
were of ,scythian original1 and had     
preserved that way of life and those    
peculiar manners which distinguished the
 parent nation4 ,as the ,scythians lived
 principally by pasturage and hunting1  
from the nature of that way of          
employment they were continually        
changing their habitations4 ,but even in
 this case some small degree of         
agriculture was carried on1 and         
therefore some sort of division of      
property became necessary4 ,this        
division was made among each tribe by   
its proper chief4 ,but their shares were
 allotted to the several individuals    
only for a year1 lest they should come  
to attach themselves to any certain     
habitation3 a settlement being wholly   
contrary to the genius of the ,scythian1

 manners4        ,campestres melius     
,scyth1     ,quorum plaustra vagas rite 
trahunt domos1       ,vivunt1 et rigidi 
,get1     ,immetata quibus jugera       
liberas       ,fruges et ,cererem       
ferunt1     ,nec cultura placet longior 
annu4   ,sidenote3 ,estates for life4   
,sidenote3 ,inheritance4  ,sidenote3    
,book-land4  ,sidenote3 ,folk-land4     
,sidenote3 ,saxon fiefs4  ,this custom  
of an annual property probably continued
 amongst the ,germans as long as they   
remained in their own country2 but when 
their conquests carried them into other 
parts1 another object besides the       
possession of the land arose1 which     
obliged them to make a change in this   
particular4 ,in the distribution of the 
conquered lands1 the ancient possessors 
of them became an object of             
consideration1 and the management of    
these became one of the principal       
branches of their polity4 ,it was       
expedient towards holding them in       
perfect subjection1 that they should be 

habituated to obey one person1 and that 
a kind of cliental relation should be   
created between them2 therefore the     
land1 with the slaves1 and the people in
 a state next to slavery1 annexed to it1
 was bestowed for life in the general   
distribution4 ,when life-estates were   
once granted1 it seemed a natural       
consequence that inheritances should    
immediately supervene4 ,when a durable  
connection is created between a certain 
man and a certain portion of land by a  
possession for his whole life1 and when 
his children have grown up and have been
 supported on that land1 it seems so    
great an hardship to separate them1 and 
to deprive thereby the family of all    
means of subsisting1 that nothing could 
be more generally desired nor more      
reasonably allowed than an inheritance2 
and this reasonableness was strongly    
enforced by the great change wrought in 
their affairs when life-estates were    
granted4 ,whilst according to the       
ancient custom lands were only given for

 a year1 there was a rotation so quick  
that every family came in its turn to be
 easily provided for1 and had not long  
to wait2 but the children of a tenant   
for life1 when they lost the benefit of 
their father's possession1 saw          
themselves as it were immured upon every
 side by the life-estates1 and perceived
 no reasonable hope of a provision from 
any new arrangement4 ,these inheritances
 began very early in ,england4 ,by a law
 of ,king ,alfred it appears that they  
were then of a very ancient             
establishment3 and as such inheritances 
were intended for great stability1 they 
fortified them by charters2 and         
therefore they were called ,book-land4  
,this was done with regard to the       
possession of the better sort3 the      
meaner1 who were called ceorles1 if they
 did not live in a dependence on some   
thane1 held their small portions of land
 as an inheritance likewise1--not by    
charter1 but by a sort of prescription4 
,this was called ,folk-land4 ,these     

estates of inheritance1 both the greater
 and the meaner1 were not fiefs2 they   
were to all purposes allodial1 and had  
hardly a single property of a feud2 they
 descended equally to all the children1 
males and females1 according to the     
custom of gavelkind1 a custom absolutely
 contrary to the genius of the feudal   
tenure2 and whenever estates were       
granted in the later ,saxon times by the
 bounty of the crown with an intent that
 they should be inheritable1 so far were
 they from being granted with the       
complicated load of all the feudal      
services annexed1 that in all the       
charters of that kind which subsist they
 are bestowed with a full power of      
alienation1 et liberi ab omni seculari  
gravamine4 ,this was the general        
condition of those inheritances which   
were derived from the right of original 
conquest1 as well to all the soldiers as
 to the leader2 and these estates1 as it
 is said1 were not even forfeitable1 no1
 not for felony1 as if that were in some

 sort the necessary consequence of an   
inheritable estate4 ,so far were they   
from resembling a fief4 ,but there were 
other possessions which bore a nearer   
resemblance to fiefs1 at least in their 
first feeble and infantile state of the 
tenure1 than1 those inheritances which  
were held by an absolute right in the   
proprietor4 ,the great officers who     
attended the court1 commanded armies1 or
 distributed justice must necessarily be
 paid and supported2 but in what manner 
could they be paid8 ,in money they could
 not1 because there was very little     
money then in ,europe1 and scarce any   
part of that little came into the       
prince's coffers4 ,the only method of   
paying them was by allotting lands for  
their subsistence whilst they remained  
in his service4 ,for this reason1 in the
 original distribution1 vast tracts of  
land were left in the hands of the king4
 ,if any served the king in a military  
command1 his land may be said to have   
been in some sort held by               

knight-service4 ,if the tenant was in an
 office about the king's person1 this   
gave rise to sergeantry2 the persons who
 cultivated his lands may be considered 
as holding by socage4 ,but the long     
train of services that made afterwards  
the learning of the tenures were then   
not thought of1 because these feuds1 if 
we may so call them1 had not then come  
to be inheritances1--which circumstance 
of inheritance gave rise to the whole   
feudal system4 ,with the ,anglo-,saxons 
the feuds continued to the last but a   
sort of pay or salary of office4 ,the   
trinoda necessitas1 so much spoken of1  
which was to attend the king in his     
expeditions1 and to contribute to the   
building of bridges and repair of       
highways1 never bound the lands by way  
of tenure1 but as a political           
regulation1 which equally affected every
 class and condition of men and every   
species of possession4  ,sidenote3      
,gavelkind4  ,the manner of succeeding  
to lands in ,england at this period was1

 as we have observed1 by ,gavelkind1--an
 equal distribution amongst the         
children1 males and females4 ,the       
ancient ,northern nations had but an    
imperfect notion of political power4    
,that the possessor of the land should  
be the governor of it was a simple idea2
 and their schemes extended but little  
further4 ,it was not so in the ,greek   
and ,italian commonwealths4 ,in those   
the property of the land was in all     
respects similar to that of goods1 and  
had nothing of jurisdiction annexed to  
it2 the government there was a merely   
political institution4 ,amongst such a  
people the custom of distribution could 
be of no ill consequence1 because it    
only affected property4 ,but gavelkind  
amongst the ,saxons was very            
prejudicial2 for1 as government was     
annexed to a certain possession in land1
 this possession1 which was continually 
changing1 kept the government in a very 
fluctuating state3 so that their civil  
polity had in it an essential evil1     

which contributed to the sickly         
condition in which the ,anglo-,saxon    
state always remained1 as well as to its
 final dissolution4  ,,footnotes3  #di  
,they had no other nobility2 yet several
 families amongst them were considered  
as noble4  #ej ,arma sumere non ante    
cuiquam moris1 qum civitas suffecturum  
probaverit4--,tacitus de ,mor4 ,germ4   
#ac4  #ea ,nihil autem neque public     
neque privat rei nisi armati            
agunt4--,tacitus de ,mor4 ,germ4 #ac4   
#eb ,cteri robustioribus ac jam pridem  
probatis aggregantur4--,id4 ibid4  #ec  
,illum defendere1 tueri1 sua quoque     
fortia facta glori ejus as signare1     
prcipuum sacramentum est4--,id4 #ad4    
#ed ,deputed authority1 guardianship1 c1
 not known to the ,northern nations2    
they gained this idea by intercourse    
with the ,romans4  #ee ,jud4 ,civ4      
,lund4 apud ,wilk4 post p4 #fh4  #ef    
,spelman of ,feuds1 ch4 #e4  #eg        
,fuerunt etiam in conquestu liberi      
homines1 qui libere tenuerunt tenementa 

sua per libera servitia vel per liberas 
consuetudines4--,for the original of    
copyholds1 see ,bracton1 ,lib4 ,i4 fol4 
#g4  #eh ,ibi debent populi omnes et    
gentes univers singulis annis1 semel in 
anno scilicet1 convenire1 scilicet in   
capite ,kal4 ,maii1 et se fide et       
sacramento non fracto ibi in unam et    
simul confderare1 et consolidare sicut  
conjurati fratres ad defendendum regnum 
contra alienigenas et contra inimicos1  
un cum domino suo rege1 et terras et    
honores illius omni fidelitate cum eo   
servare1 et quod illi ut domino suo regi
 intra et extra regnum universum        
,britanni fideles esse volunt--,,ll4    
,ed4 ,conf4 c4 #ce4--,of ,heretoches and
 their election1 vide ,id4 eodem4       
,probibitum erat etiam in eadem lege1 ne
 quis emeret vivum animal vel pannum    
usatum sine plegiis et bonis            
testibus4--,of other particulars of     
buying and selling1 vide ,leges ,ed4    
,conf4 #ch4  #ei ,sheriff in the ,norman
 times was merely the king's officer1   

not the earl's4 ,the earl retained his  
ancient fee1 without jurisdiction2 the  
sheriff did all the business4 ,the      
elective sheriff must have disappeared  
on the ,conquest2 for then all land was 
the king's1 either immediately or       
mediately1 and therefore his officer    
governed4  #fj ,how this assembly was   
composed1 or by what right the members  
sat in it1 ,i cannot by any means       
satisfy myself4 ,what is here said is1  
,i believe1 nearest to the truth4  #fa  
,hence1 perhaps1 all men are supposed   
cognizant of the law4  #fb ,debet etiam 
rex omnia rite facere in regno1 et per  
judicium procerum regni4--,debet 444    
justitiam per consilium procerum regni  
sui tenere4--,leges ,ed4 #ag4  #fc ,the 
non-observance of a regulation of police
 was always heavily punished by         
barbarous nations2 a slighter punishment
 was inflicted upon the commission of   
crimes4 ,among the ,saxons moat crimes  
were punished by fine2 wandering from   
the highway without sounding an horn was

 death4 ,so among the ,druids1--to      
enforce exactness in time at their      
meetings1 he that came last after the   
time appointed was punished with death4 
#fd ,the ,druids judged not as          
magistrates1 but as interpreters of the 
will of ,heaven4 ,ceterum neque         
animadvertere1 neque vincire1 neque     
verberare quidem1 nisi sacerdotibus     
permissum2 non quasi in pnam1 nec ducis 
jussu1 sed velut ,deo imperante1 says   
,tacitus1 de ,mor4 ,german4 #g4  #fe ,si
 quis emendationem oppidorum vel pontium
 vel profectionem militarem             
detrectaverit1 compenset regi cxx       
solidis1 444 vel purget se1 et          
nominentur ei xiv1 et eligantur         
xi4--,leges ,cnuti1 #fb4  #ff ,si       
accusatio sit1 et purgatio male         
succedat1 judicet ,episcopus4--,leges   
,cnuti1 #ec4  #fg ,every man not        
privileged1 whether he be paterfamilias1
 7heorthfest1,a7 or pedissequa1         
7folghere1,b7 must enter into the       
hundred and tithing1 and all above      

twelve to swear he will not be a thief  
or consenting to a thief4--,leges       
,cnuti1 #ai4  ,a ,heorthfeste1--the same
 with ,husfastene1 i4e4 the master of a 
family1 from the ,saxon1 ,hearthfst1    
i4e4 fixed to the house or hearth4  ,b  
,the ,folgheres1 or ,folgeres1 were the 
menial servants or followers of the     
,husfastene1 or                         
,housekeepers4--,bracton1 ,lib4 ,,iii41 
,tract4 #b1 cap4 #aj4 ,leges ,hen4 ,i4  
cap4 #h4  #fh ,si quis terram defenderit
 testimonio provinci1 c4--,leges ,cnuti1
 #gf3 ,and sethe land gewerod hebbe be  
scyre gewitnesse4  #fi ,see1 in ,madox1 
the case in ,bishop of ,bathes ,court   
,see also ,brady1 #bgb1 where the       
witnesses on one side offer to swear1 or
 join battle with the other4  #gj       
,parentibus occisi fiat emendatio1 vel  
guerra eorum portetur2 unde ,anglic     
proverbium habetur1 ,bige spere of side1
 oththe br2 id est1 ,eme lanceam a      
latere1 aut fer4--,leges ,ed4 #ab4  ,the
 fines on the town or hundred4          

,parentes murdrati sex marcas haberent1 
rex quadraginta4 ,this different from   
the ancient usage1 where the king had   
half4 ,si parentes deessent1 dominus    
ejus reciperet4 ,si dominum non haberet1
 felagus ejus1 id est1 fide cum eo      
ligatus4--,leges ,ed4 #ae4  #ga         
,purveyance4 ,vide ,leges ,cnuti1 #fg4  
,si quis intestatus ex hac vita decedat1
 sive sit per negligentiam ejus1 sive   
per mortem subitaneam1 tunc non assumat 
sibi dominus plus possessionis 7hta7    
ipsius quam justum armamentum2 sed post 
mortem possessio 7htgescyft7 ejus quam  
justissime distribuatur uxori et        
liberis1 et propinquis cognatis1        
cuilibet pro dignitate qu ad cum        
pertinet4--,leges ,cnuti1 #fh4          
,,book ,,iii4     ,,chapter ,i4  ,,view 
,,of ,,the ,,state ,,of ,,europe ,,at   
,,the ,,time ,,of ,,the ,,norman        
,,invasion4   ,before the period of     
which we are going to treat1 ,england   
was little known or considered in       
,europe4 ,their situation1 their        

domestic calamities1 and their ignorance
 circumscribed the views and politics of
 the ,english within the bounds of their
 own island4 ,but the ,norman conqueror 
threw down all these barriers4 ,the     
,english laws1 manners1 and maxims were 
suddenly changed2 the scene was         
enlarged2 and the communication with the
 rest of ,europe1 being thus opened1 has
 been preserved ever since in a         
continued series of wars and            
negotiations4 ,that we may1 therefore1  
enter more fully into the matters which 
lie before us1 it is necessary that we  
understand the state of the neighboring 
continent at the time when this island  
first came to be interested in its      
affairs4  ,the ,northern nations who had
 overran the ,roman ,empire were at     
first rather actuated by avarice than   
ambition1 and were more intent upon     
plunder than conquest2 they were carried
 beyond their original purposes1 when   
they began1 to form regular governments1
 for which they had been prepared by no 

just ideas of legislation4 ,for a long  
time1 therefore1 there was little of    
order in their affairs or foresight in  
their designs4 ,the ,goths1 the         
,burgundians1 the ,franks1 the ,vandals1
 the ,suevi1 after they had prevailed   
over the ,roman ,empire1 by turns       
prevailed over each other in continual  
wars1 which were carried on upon no     
principles of a determinate policy1     
entered into upon motives of brutality  
and caprice1 and ended as fortune and   
rude violence chanced to prevail4       
,tumult1 anarchy1 confusion1 overspread 
the face of ,europe2 and an obscurity   
rests upon the transactions of that time
 which suffers us to discover nothing   
but its extreme barbarity4  ,before this
 cloud could be dispersed1 the          
,saracens1 another body of barbarians   
from the ,south1 animated by a fury not 
unlike that which gave strength to the  
,northern irruptions1 but heightened by 
enthusiasm1 and regulated by            
subordination and an uniform policy1    

began to carry their arms1 their        
manners1 and religion1 into every part  
of the universe4 ,spain was entirely    
overwhelmed by the torrent of their     
armies1 ,italy and the islands were     
harassed by their fleets1 and all       
,europe alarmed by their vigorous and   
frequent enterprises4 ,italy1 who had so
 long sat the mistress of the world1 was
 by turns the slave of all nations4 ,the
 possession of that fine country was    
hotly disputed between the ,greek       
,emperor and the ,lombards1 and it      
suffered infinitely by that contention4 
,germany1 the parent of so many nations1
 was exhausted by the swarms she had    
sent abroad4  ,however1 in the midst of 
this chaos there were principles at work
 which reduced things to a certain form1
 and gradually unfolded a system in     
which the chief movers and main springs 
were the ,papal and the ,imperial       
powers1--the aggrandizement or          
diminution of which have been the drift 
of almost all the politics1 intrigues1  

and wars which have employed and        
distracted ,europe to this day4  ,from  
,rome the whole ,western world had      
received its ,christianity2 she was the 
asylum of what learning had escaped the 
general desolation2 and even in her     
ruins she preserved something of the    
majesty of her ancient greatness4 ,on   
these accounts she had a respect and a  
weight which increased every day amongst
 a simple religious people1 who looked  
but a little way into the consequences  
of their actions4 ,the rudeness of the  
world was very favorable for the        
establishment of an empire of opinion4  
,the moderation with which the ,popes at
 first exerted this empire made its     
growth unfelt until it could no longer  
be opposed2 and the policy of later     
,popes1 building on the piety of the    
first1 continually increased it3 and    
they made use of every instrument but   
that of force4 ,they employed equally   
the virtues and the crimes of the great2
 they favored the lust of kings for     

absolute authority1 and the desire of   
subjects for liberty2 they provoked war1
 and mediated peace2 and took advantage 
of every turn in the minds of men1      
whether of a public or private nature1  
to extend their influence1 and push     
their power from ecclesiastical to      
civil1 from subjection to independency1 
from independency to empire4  ,france   
had many advantages over the other parts
 of ,europe4 ,the ,saracens had no      
permanent success in that country4 ,the 
same hand which expelled those invaders 
deposed the last of a race of heavy and 
degenerate princes1 more like ,eastern  
monarchs than ,german leaders1 and who  
had neither the force to repel the      
enemies of their kingdom nor to assert  
their own sovereignly4 ,this usurpation 
placed on the throne princes of another 
character1 princes who were obliged to  
supply their want of title by the vigor 
of their administration4 ,the ,french   
monarch had need of some great and      
respected authority to throw a veil over

 his usurpation1 and to sanctify his    
newly acquired power by those names and 
appearances which are necessary to make 
it respectable to the people4 ,on the   
other hand1 the ,pope1 who hated the    
,grecian ,empire1 and equally feared the
 success of the ,lombards1 saw with joy 
this new star arise in the ,north1 and  
gave it the sanction of his authority4  
,presently after be called it to his    
assistance4 ,pepin passed the ,alps1    
relieved the ,pope1 and invested him    
with the dominion of a large country in 
the best part of ,italy4  ,charlemagne  
pursued the course which was marked out 
for him1 and put an end to the ,lombard 
kingdom1 weakened by the policy of his  
father and the enmity of the ,popes1 who
 never willingly saw a strong power in  
,italy4 ,then he received from the hand 
of the ,pope the ,imperial crown1       
sanctified by the authority of the ,holy
 ,see1 and with it the title of ,emperor
 of the ,romans1 a name venerable from  
the fame of the old ,empire1 and which  

was supposed to carry great and unknown 
prerogatives2 and thus the ,empire rose 
again out of its ruins in the ,west1    
and1 what is remarkable1 by means of one
 of those nations which had helped to   
destroy it4 ,if we take in the conquests
 of ,charlemagne1 it was also very near 
as extensive as formerly2 though its    
constitution was altogether different1  
as being entirely on the ,northern model
 of government4 ,from ,charlemagne the  
,pope received in return an enlargement 
and a confirmation of his new territory4
 ,thus the ,papal and ,imperial powers  
mutually gave birth1 to each other4     
,they continued for some ages1 and in   
some measure still continue1 closely    
connected1 with a variety of pretensions
 upon each other1 and on the rest of    
,europe4  ,though1 the ,imperial power  
had its origin in ,france1 it was soon  
divided into two branches1 the ,gallic  
and the ,german4 ,the latter alone      
supported the title of ,empire2 but the 
power being weakened by this division1  

the ,papal pretensions had the greater  
weight4 ,the ,pope1 because he first    
revived the ,imperial dignity1 claimed a
 right of disposing of it1 or at least  
of giving validity to the election of   
the ,emperor4 ,the ,emperor1 on the     
other hand1 remembering the rights of   
those sovereigns whose title he bore1   
and how lately the power which insulted 
him with such demands had arisen from   
the bounty of his predecessors1 claimed 
the same privileges in the election of a
 ,pope4 ,the claims of both were        
somewhat plausible2 and they were       
supported1 the one by force of arms1 and
 the other by ecclesiastical influence1 
powers which in those days were very    
nearly balanced4 ,italy was the theatre 
upon which this prize was disputed4 ,in 
every city the parties in favor of each 
of the opponents were not far from an   
equality in their numbers and strength4 
,whilst these parties disagreed in the  
choice of a master1 by contending for a 
choice in their subjection they grew    

imperceptibly into freedom1 and passed  
through the medium of faction and       
anarchy into regular commonwealths4     
,thus arose the republics of ,venice1 of
 ,genoa1 of ,florence1 ,sienna1 and     
,pisa1 and several others4 ,these       
cities1 established in this freedom1    
turned the frugal and ingenious spirit  
contracted in such communities to       
navigation and traffic2 and pursuing    
them with skill and vigor1 whilst       
commerce was neglected and despised by  
the rustic gentry of the martial        
governments1 they grew to a considerable
 degree of wealth1 power1 and civility4 
,the ,danes1 who in this latter time    
preserved the spirit and the numbers of 
the ancient ,gothic people1 had seated  
themselves in ,england1 in the ,low     
,countries1 and in ,normandy4 ,they     
passed from thence to the southern part 
of ,europe1 and in this romantic age    
gave rise in ,sicily and ,naples to a   
new kingdom and a new line of princes4  
,all the kingdoms on the continent of   

,europe were governed nearly in the same
 form2 from whence arose a great        
similitude in the manners of their      
inhabitants4 ,the feodal discipline     
extended itself everywhere1 and         
influenced the conduct of the courts and
 the manners of the people with its own 
irregular martial spirit4 ,subjects1    
under the complicated laws of a various 
and rigorous servitude1 exercised all   
the prerogatives of sovereign power4    
,they distributed justice1 they made war
 and peace at pleasure4 ,the sovereign1 
with great pretensions1 had but little  
power2 he was only a greater lord among 
great lords1 who profited of the        
differences of his peers2 therefore no  
steady plan could be well pursued1      
either in war or peace4 ,this day a     
prince seemed irresistible at the head  
of his numerous vassals1 because their  
duty obliged them to war1 and they      
performed this duty with pleasure4 ,the 
next day saw this formidable power      
vanish like a dream1 because this fierce

 undisciplined people had no patience1  
and the time of the feudal service was  
contained within very narrow limits4 ,it
 was therefore easy to find a number of 
persons at all times ready to follow any
 standard1 but it was hard to complete a
 considerable design which required a   
regular and continued movement4 ,this   
enterprising disposition in the gentry  
was very general1 because they had      
little occupation or pleasure but in    
war1 and the greatest rewards did then  
attend personal valor and prowess4 ,all 
that professed arms became in some sort 
on an equality4 ,a knight was the peer  
of a king1 and men had been used to see 
the bravery of private persons opening a
 road to that dignity4 ,the temerity of 
adventurers was much justified by the   
ill order of every state1 which left it 
a prey to almost any who should attack  
it with sufficient vigor4 ,thus1 little 
checked by any superior power1 full of  
fire1 impetuosity1 and ignorance1 they  
longed to signalize themselves1 wherever

 an honorable danger called them2 and   
wherever that invited1 they did not     
weigh very deliberately the probability 
of success4  ,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 right1   
and supported by a power so little      
proportioned to the undertaking as that 
of ,william1 so warmly embraced and so  
generally followed1 not only by his own 
subjects1 but by all the neighboring    
potentates4 ,the ,counts of ,anjou1     
,bretagne1 ,ponthieu1 ,boulogne1 and    
,poictou1 sovereign                     
princes1--adventurers from every quarter
 of ,france1 the ,netherlands1 and the  
remotest parts of ,germany1 laying aside
 their jealousies and enmities to one   
another1 as well as to ,william1 ran    
with an inconceivable ardor into this   
enterprise1 captivated with the splendor
 of the object1 which obliterated all   
thoughts of the uncertainty of the      

event4 ,william kept up this fervor by  
promises of large territories to all his
 allies and associates in the country to
 be reduced by their united efforts4    
,but after all it became equally        
necessary to reconcile to his enterprise
 the three great powers of whom we have 
just spoken1 whose disposition must have
 had the most influence on his affairs4 
,his feudal lord1 the ,king of ,france1 
was bound by his most obvious interests 
to oppose the further aggrandizement of 
one already too potent for a vassal4    
,but the ,king of ,france was then a    
minor2 and ,baldwin1 ,earl of ,flanders1
 whose daughter ,william had married1   
was regent of the kingdom4 ,this        
circumstance rendered the remonstrance  
of the ,french ,council against his     
design of no effect3 indeed1 the        
opposition of the ,council itself was   
faint2 the idea of having a king under  
vassalage to their crown might have     
dazzled the more superficial courtiers2 
whilst those who thought more deeply    

were unwilling to discourage an         
enterprise which they believed would    
probably end in the ruin of the         
undertaker4 ,the ,emperor was in his    
minority1 as well as the ,king of       
,france2 but by what arts the ,duke     
prevailed upon the ,imperial ,council to
 declare in his favor1 whether or no by 
an idea of creating a balance to the    
power of ,france1 if we can imagine that
 any such idea then subsisted1 is       
altogether uncertain2 but it is certain 
that he obtained leave for the vassals  
of the ,empire to engage in his service1
 and that he made use of this           
permission4 ,the ,popes consent was     
obtained with still less difficulty4    
,william had shown himself in many      
instances a friend to the ,church and a 
favorer of the clergy4 ,on this occasion
 he promised to improve those happy     
beginnings in proportion to the means he
 should acquire by the favor of the     
,holy ,see4 ,it is said that he even    
proposed to hold his new kingdom as a   

fief from ,rome4 ,the ,pope1 therefore1 
entered heartily into his interests2 he 
excommunicated all those that should    
oppose his enterprise1 and sent him1 as 
a means of insuring success1 a          
consecrated banner4     ,,chapter ,,ii4 
,,reign ,,of ,,william ,,the            
,,conqueror4   ,sidenote3 ,a4,d4 #ajfe4 
,after the ,battle of ,hastings1 the    
taking of ,dover1 the surrender of      
,london1 and the submission of the      
principal nobility1 ,william had nothing
 left but to order in the best manner   
the kingdom he had so happily acquired4 
,soon after his coronation1 fearing the 
sudden and ungoverned motions of so     
great a city1 new to subjection1 he left
 ,london until a strong citadel could be
 raised to overawe the people4 ,this was
 built where the ,tower of ,london now  
stands4 ,not content with this1 he built
 three other strong castles in          
situations as advantageously chosen1 at 
,norwich1 at ,winchester1 and at        
,hereford1 securing not only the heart  

of affairs1 but binding down the extreme
 parts of the kingdom4 ,and as he       
observed from his own experience the    
want of fortresses in ,england1 he      
resolved fully to supply that defect1   
and guard the kingdom both against      
internal and foreign enemies4 ,but he   
fortified his throne yet more strongly  
by the policy of good government4 ,to   
,london he confirmed by charter the     
liberties it had enjoyed under the      
,saxon kings1 and endeavored to fix the 
affections of the ,english in general by
 governing them with equity according to
 their ancient laws1 and by treating    
them on all occasions with the most     
engaging deportment4 ,he set up no      
pretences which arose from absolute     
conquest4 ,he confirmed their estates to
 all those who had not appeared in arms 
against him1 and seemed not to aim at   
subjecting the ,english to the ,normans1
 but to unite the two nations under the 
wings of a common parental care4 ,if the
 ,normans received estates and held     

lucrative offices and were raised by    
wealthy matches in ,england1 some of the
 ,english were enriched with lands and  
dignities and taken into considerable   
families in ,normandy4 ,but the king's  
principal regards were showed to those  
by whose bravery he had attained his    
greatness4 ,to some he bestowed the     
forfeited estates1 which were many and  
great1 of ,harold's adherents2 others he
 satisfied from the treasures his rival 
had amassed2 and the rest1 quartered    
upon wealthy monasteries1 relied        
patiently on the promises of one whose  
performances had hitherto gone hand in  
hand with his power4 ,there was another 
circumstance which conduced much to the 
maintaining1 as well as to the making1  
his conquest4 ,the posterity of the     
,danes1 who had finally reduced ,england
 under ,canute the ,great1 were still   
very numerous in that kingdom1 and in   
general not well liked by nor well      
affected to the old ,anglo-,saxon       
inhabitants4 ,william wisely took       

advantage of this enmity between the two
 sorts of inhabitants1 and the alliance 
of blood which was between them and his 
subjects4 ,in the body of laws which he 
published he insists strongly on this   
kindred1 and declares that the ,normans 
and ,danes ought to be as sworn brothers
 against all men3 a policy which        
probably united these people to him1 or 
at least so confirmed the ancient       
jealousy which subsisted between them   
and the original ,english as to hinder  
any cordial union against his interests4
  ,when the king had thus settled his   
acquisitions by all the methods of force
 and policy1 he thought it expedient to 
visit his patrimonial territory1 which1 
with regard to its internal state1 and  
the jealousies which his additional     
greatness revived in many of the        
bordering princes1 was critically       
situated4 ,he appointed to the regency  
in his absence his brother ,odo1 an     
ecclesiastic1 whom he had made ,bishop  
of ,bayeux1 in ,france1 and ,earl of    

,kent1 with great power and preeminence1
 in ,england1--a man bold1 fierce1      
ambitious1 full of craft1 imperious1 and
 without faith1 but well versed in all  
affairs1 vigilant1 and courageous4 ,to  
him he joined ,william ,fitz-,osbern1   
his justiciary1 a person of consummate  
prudence and great integrity4 ,but not  
depending on this disposition1 to secure
 his conquest1 as well as to display its
 importance abroad1 under a pretence of 
honor1 he carried with him all the      
chiefs of the ,english nobility1 the    
popular ,earls ,edwin and ,morcar1 and1 
what was of most importance1 ,edgar     
,atheling1 the last branch of the royal 
stock of the ,anglo-,saxon kings1 and   
infinitely dear to all the people4      
,sidenote3 ,a4,d4 #afjg4  ,the king     
managed his affairs abroad with great   
address1 and covered1 all his           
negotiations for the security of his    
,norman dominions under the magnificence
 of continual feasting and unremitted   
diversion1 which1 without an appearance 

of design1 displayed his wealth and     
power1 and by that means facilitated his
 measures4 ,but whilst he was thus      
employed1 his absence from ,england gave
 an opportunity to several humors to    
break out1 which the late change had    
bred1 but which the amazement likewise  
produced by that violent change1 and the
 presence of their conqueror1 wise1     
vigilant1 and severe1 had hitherto      
repressed4 ,the ancient line of their   
kings displaced1 the only thread on     
which it hung carried out of the kingdom
 and ready to be cut off by the jealousy
 of a merciless usurper1 their liberties
 none by being precarious1 and the daily
 insolencies and rapine of the ,normans 
intolerable1--these discontents were    
increased by the tyranny and            
rapaciousness of the regent1 and they   
were fomented from abroad by ,eustace1  
,count of ,boulogne4 ,but the people1   
though ready to rise in all parts1 were 
destitute of leaders1 and the           
insurrections actually made were not    

carried on in concert1 nor directed to  
any determinate object2 so that the     
king1 returning speedily1 and exerting  
himself everywhere with great vigor1 in 
a short time dissipated these ill-formed
 projects4 ,however1 so general a       
dislike to ,william's government had    
appeared on this occasion1 that he      
became in his turn disgusted with his   
subjects1 and began to change his maxims
 of rule to a rigor which was more      
conformable to his advanced age and the 
sternness of his natural temper4 ,he    
resolved1 since he could not gain the   
affections of his subjects1 to find such
 matter for their hatred as might weaken
 them1 and fortify his own authority    
against the enterprises which that      
hatred might occasion4 ,he revived the  
tribute of ,danegelt1 so odious from its
 original cause and that of its revival1
 which he caused to be strictly levied  
throughout the kingdom4 ,he erected     
castles at ,nottingham1 at ,warwick1 and
 at ,york1 and filled them with ,norman 

garrisons4 ,he entered into a stricter  
inquisition for the discovery of the    
estates forfeited on his coming in2     
paying no regard to the privileges of   
the ecclesiastics1 he seized upon the   
treasures which1 as in an inviolable    
asylum1 the unfortunate adherents to    
,harold had deposited in monasteries4   
,at the same time he entered into a     
resolution of deposing all the ,english1
 bishops1 on none of whom he could rely1
 and filling their places with ,normans4
 ,but he mitigated the rigor of these   
proceedings by the wise choice he made  
in filling the places of those whom he  
had deposed1 and gave by that means     
these violent changes the air rather of 
reformation than oppression4 ,he began  
with ,stigand1 ,archbishop of           
,canterbury4 ,a synod was called1 in    
which1 for the first time in ,england1  
the ,pope's legate a latere is said to  
have presided4 ,in this council1        
,stigand1 for simony and for other      
crimes1 of which it is easy to convict  

those who are out of favor1 was solemnly
 degraded from his dignity4 ,the king   
filled his place with ,lanfranc1 an     
,italian4 ,by his whole conduct he      
appeared resolved to reduce his subjects
 of all orders to the most perfect      
obedience4  ,sidenote3 ,a4,d4 #ajfh4    
,the people1 loaded with new taxes1 the 
nobility1 degraded and threatened1 the  
clergy1 deprived of their immunities and
 influence1 joined in one voice of      
discontent1 and stimulated each other to
 the most desperate resolutions4 ,the   
king was not unapprised of these        
motions1 nor negligent of them4 ,it is  
thought he meditated to free himself    
from much of his uneasiness by seizing  
those men on whom the nation in its     
distresses used to cast its eyes for    
relief4 ,but whilst he digested these   
measures1 ,edgar ,atheling1 ,edwin and  
,morcar1 ,waltheof1 the son of ,siward1 
and several others1 eluded his          
vigilance1 and escaped into ,scot land1 
where they were received with open arms 

by ,king ,malcolm4 ,the ,scottish       
monarch on this occasion married the    
sister of ,edgar2 and this match engaged
 him more closely to the accomplishment 
of what his gratitude to the ,saxon     
kings and the rules of good policy had  
before inclined him4 ,he entered at last
 into the cause of his brother-in-law   
and the distressed ,english4 ,he        
persuaded the ,king of ,denmark to enter
 into the same measures1 who agreed to  
invade ,england with a fleet of a       
thousand ships4 ,drone1 an ,irish king1 
declared in their favor1 and supplied   
the sons of ,earl ,godwin with vessels  
and men1 with which they held the       
,english coast in continual alarms4     
,sidenote3 ,a4,d4 #ajfi4  ,whilst the   
forces of this powerful confederacy were
 collecting on all sides1 and prepared  
to enter ,england1 equal dangers        
threatened from within the kingdom4     
,edric the ,forester1 a very brave and  
popular ,saxon1 took up arms in the     
counties of ,hereford and ,salop1 the   

country of the ancient ,silures1 and    
inhabited by the same warlike and       
untamable race of men4 ,the ,welsh      
strengthened him with their forces1 and 
,cheshire joined in the revolt4         
,hereward le ,wake1 one of the most     
brave and indefatigable soldiers of his 
time1 rushed with a numerous band of    
fugitives and outlaws from the fens of  
,lincoln and the ,isle of ,ely1 from    
whence1 protected by the situation of   
the place1 he had for some time carried 
on an irregular war against the         
,normans4 ,the sons of ,godwin landed   
with a strong body in the ,west2 the    
fire of rebellion ran through the       
kingdom2 ,cornwall1 ,devon1 ,dorset1 at 
once threw off the yoke4 ,daily         
skirmishes were fought in every part of 
the kingdom1 with various success and   
with great bloodshed4 ,the ,normans     
retreated to their castles1 which the   
,english had rarely skill or patience to
 master2 out of these they sallied from 
time to time1 and asserted their        

dominion4 ,the conquered ,english for a 
moment resumed their spirit2 the forests
 and morasses1 with which this island   
then1 abounded1 served them for         
fortifications1 and their hatred to the 
,normans stood in the place of          
discipline2 each man1 exasperated by his
 own wrongs1 avenged them in his own    
manner4 ,everything was full of blood   
and violence3 murders1 burnings1 rapine1
 and confusion overspread the whole     
kingdom4 ,during these distractions1    
several of the ,normans quitted the     
country1 and gave up their possessions1 
which they thought not worth holding in 
continual horror and danger4  ,sidenote3
 ,a4,d4 #ajgj4  ,in the midst of this   
scene of disorder1 the king alone was   
present to himself and to his affairs4  
,he first collected all the forces on   
whom he could depend within the kingdom1
 and called powerful succors from       
,normandy4 ,then he sent a strong body  
to repress the commotions in the ,west2 
but he reserved the greatest force and  

his own presence against the greatest   
danger1 which menaced from the ,north4  
,the ,scots had penetrated as far as    
,durham2 they had taken the castle1 and 
put the garrison to the sword4 ,a like  
fate attended ,york from the ,danes1 who
 had entered the ,humber with a         
formidable fleet4 ,they put this city   
into the hands of the ,english          
malcontents1 and thereby influenced all 
the northern counties in their favor4   
,william1 when he first perceived the   
gathering of the storm1 endeavored1 and 
with some success1 to break the force of
 the principal blow by a correspondence 
at the court of ,denmark2 and now he    
entirely blunted the weapon by          
corrupting1 with a considerable sum1 the
 ,danish general4 ,it was agreed1 to    
gratify that piratical nation1 that they
 should plunder some part of the coast1 
and depart without further disturbance4 
,by this negotiation the king was       
enabled to march with an undissipated   
force against the ,scots and the        

principal body of the ,english4         
,everything yielded4 ,the ,scots retired
 into their own country4 ,some of the   
most obnoxious of the ,english fled     
along with them4 ,one desperate party1  
under the brave ,waltheof1 threw        
themselves into ,york1 and ventured     
alone to resist his victorious army4    
,william pressed the siege with vigor1  
and1 notwithstanding the prudent        
dispositions of ,waltheof1 and the      
prodigies of valor he displayed in its  
defence1 standing alone in the breach1  
and maintaining his ground gallantly and
 successfully1 the place was at last    
reduced by famine4 ,the king left his   
enemies no time to recover this         
disaster2 he followed his blow1 and     
drove all who adhered to ,edgar         
,atheling out of all the countries      
northward of the ,humber4 ,this tract he
 resolved entirely to depopulate1       
influenced by revenge1 and by distrust  
of the inhabitants1 and partly with a   
view of opposing an hideous desert of   

sixty miles in extent as an impregnable 
barrier against all attempts of the     
,scots in favor of his disaffected      
subjects4 ,the execution of this        
barbarous project was attended with all 
the havoc and desolation that it seemed 
to threaten4 ,one hundred thousand are  
said to have perished by cold1 penury1  
and disease4 ,the ground lay untilled   
throughout that whole space for upwards 
of nine years4 ,many of the inhabitants 
both of this and all other parts of     
,england fled into ,scotland2 but they  
were so received by ,king ,malcolm as to
 forget that they had lost their        
country4 ,this wise monarch gladly      
seized so fair an opportunity1 by the   
exertion of a benevolent policy1 to     
people his dominions1 and to improve his
 native subjects4 ,he received the      
,english nobility according to their    
rank1 he promoted them to offices       
according to their merit1 and enriched  
them by considerable estates from his   
own demesne4 ,from these noble refugees 

several considerable families in        
,scotland are descended4  ,william1 on  
the other hand1 amidst all the excesses 
which the insolence of victory and the  
cruel precautions of usurped authority  
could make him commit1 gave many        
striking examples of moderation and     
greatness of mind4 ,he pardoned         
,waltheof1 whose bravery he did not the 
less admire because it was exerted      
against himself4 ,he restored him to his
 ancient honors and estates2 and        
thinking his family strengthened by the 
acquisition of a gallant man1 he        
bestowed upon him his niece ,judith in  
marriage4 ,on ,edric the ,forester1 who 
lay under his sword1 in the same        
generous manner he not only bestowed his
 life1 but honored it with an addition  
of dignity4  ,the king1 having thus1 by 
the most politic and the most courageous
 measures1 by art1 by force1 by         
severity1 and by clemency1 dispelled    
those clouds which had gathered from    
every quarter to overwhelm him1 returned

 triumphant to ,winchester1 where1 as if
 he had newly acquired the kingdom1 he  
was crowned with great solemnity4 ,after
 this he proceeded to execute the plan  
he had long proposed of modelling the   
state according to his own pleasure1 and
 of fixing his authority upon an        
immovable foundation4  ,there were few  
of the ,english who in the late         
disturbances had not either been active 
against the ,normans or shown great     
disinclination to them4 ,upon some      
right1 or some pretence1 the greatest   
part of their lands were adjudged to be 
forfeited4 ,william gave these lands to 
,normans1 to be held by the tenure of   
knight-service1 according to the law    
which modified that service in all parts
 of ,europe4 ,these people he chose     
because he judged they must be faithful 
to the interest on which they depended2 
and this tenure he chose because it     
raised an army without expense1 called  
it forth at the least warning1 and      
seemed to secure the fidelity of the    

vassal by the multiplied ties of those  
services which were inseparably annexed 
to it4 ,in the establishment of these   
tenures1 ,william only copied the       
practice which was now become very      
general4 ,one fault1 however1 he seems  
to have committed in this distribution3 
the immediate vassals of the crown were 
too few2 the tenants in capite at the   
end of this reign did not exceed seven  
hundred2 the eyes of the subject met too
 many great objects in the state besides
 the state itself2 and the dependence of
 the inferior people was weakened by the
 interposal of another authority between
 them and the crown1 and this without   
being at all serviceable to liberty4    
,the ill consequence of this was not so 
obvious whilst the dread of the ,english
 made a good correspondence between the 
sovereign and the great vassals         
absolutely necessary2 but it afterwards 
appeared1 and in a light very offensive 
to the power of our kings4  ,as there is
 nothing of more consequence in a state 

than the ecclesiastical establishment1  
there was nothing to which this vigilant
 prince gave more of his attention4 ,if 
he owed his own power to the influence  
of the clergy1 it convinced him how     
necessary it was to prevent that engine 
from being employed in its turn against 
himself4 ,he observed1 that1 besides the
 influence they derived from their      
character1 they had a vast portion of   
that power which always attends         
property4 ,of about sixty thousand      
knights' fees1 which ,england was then  
judged to contain1 twenty-eight thousand
 were in the hands of the clergy2 and   
these they held discharged of all taxes1
 and free from every burden of civil or 
military service3 a constitution        
undoubtedly no less prejudicial to the  
authority of the state than detrimental 
to the strength of the nation1 deprived 
of so much revenue1 so many soldiers1   
and of numberless exertions of art and  
industry1 which were stifled by holding 
a third of the soil in dead hands out of

 all possibility of circulation4        
,william in a good measure remedied     
these evils1 but with the great offence 
of all the ecclesiastic orders4 ,at the 
same time that he subjected the ,church 
lands to military service1 he obliged   
each monastery and bishopric to the     
support of soldiers1 in proportion to   
the number of knights' fees that they   
possessed4 ,no less jealous was he of   
the ,papal pretensions1 which1 having   
favored so long as they served him as   
the instruments of his ambition1 he     
afterwards kept within very narrow      
bounds4 ,he suffered no communication   
with ,rome but by his knowledge and     
approbation4 ,he had a bold and         
ambitious ,pope to deal with1 who yet   
never proceeded to extremities with nor 
gained one advantage over ,william      
during his whole reign1--although he had
 by an express law reserved to himself a
 sort of right in approving the ,pope   
chosen1 by forbidding his subjects to   
yield obedience to any whose right the  

king had not acknowledged4  ,to form a  
just idea of the power and greatness of 
this king1 it will be convenient to take
 a view of his revenue4 ,and ,i the     
rather choose to dwell a little upon    
this article1 as nothing extends to so  
many objects as the public finances1 and
 consequently nothing puts in a clearer 
or more decisive light the manners of   
the people1 and the form1 as well as the
 powers1 of government at any period4   
,the first part of this consisted of the
 demesne4 ,the lands of the crown were1 
even before the ,conquest1 very         
extensive4 ,the forfeitures consequent  
to that great change had considerably   
increased them4 ,it appears from the    
record of ,domesday1 that the king      
retained in his own hands no fewer than 
fourteen hundred manors4 ,this alone was
 a royal revenue4 ,however1 great as it 
really was1 it has been exaggerated     
beyond all reason4 ,ordericus ,vitalis1 
a writer almost contemporary1 asserts   
that this branch alone produced a       

thousand pounds a day1#gb--which1       
valuing the pound1 as it was then       
estimated1 at a real pound of silver1   
and then allowing for the difference in 
value since that time1 will make near   
twelve millions of our money4 ,this     
account1 coming from such an authority1 
has been copied without examination by  
all the succeeding historians4 ,if we   
were to admit the truth of it1 we must  
entirely change our ideas concerning the
 quantity of money which then circulated
 in ,europe4 ,and it is a matter        
altogether monstrous and incredible in  
an age when there was little traffic in 
this nation1 and the traffic of all     
nations circulated but little real coin1
 when the tenants paid the greatest part
 of their rents in kind1 and when it may
 be greatly doubted whether there was so
 much current money in the nation as is 
said to have come into the king's       
coffers from this one branch1 of his    
revenue only4 ,for it amounts to a      
twelfth part of all the circulating     

species which a trade infinitely more   
extensive has derived from sources      
infinitely more exuberant1 to this      
wealthy nation1 in this improved age4   
,neither must we think that the whole   
revenue of this prince ever rose to such
 a sum4 ,the great fountain which fed   
his treasury must have been ,danegelt1  
which1 upon any reasonable calculation1 
could not possibly exceed #abj1jjjl4 of 
our money1 if it ever reached that sum4 
,william was observed to be a great     
hoarder1 and very avaricious2 his army  
was maintained without any expense to   
him1 his demesne supported his          
household2 neither his necessary nor his
 voluntary expenses were considerable4  
,yet the effects of many years' scraping
 and hoarding left at his death but     
#fj1jjjl41--not the sixth part of one   
year's income1 according to this        
account1 of one branch of his revenue2  
and this was then esteemed a vast       
treasure4 ,edgar ,atheling1 on being    
reconciled to the king1 was allowed a   

mark a day for his expenses1 and he was 
thought to be allowed sufficiently1     
though he received it in some sort as an
 equivalent for his right to the crown4 
,i venture on this digression1 because  
writers in an ignorant age1 making      
guesses at random1 impose on more       
enlightened times1 and affect by their  
mistakes many of our reasonings on      
affairs of consequence2 and it is the   
error of all ignorant people to rate    
unknown times1 distances1 and sums very 
far beyond their real extent4 ,there is 
even something childish and whimsical in
 computing this revenue1 as the original
 author has done1 at so much a day4 ,for
 my part1 ,i do not imagine it so       
difficult to come at a pretty accurate  
decision of the truth or falsehood of   
this story4  ,the above-mentioned manors
 are charged with rents from five to an 
hundred pounds each4 ,the greatest      
number of those ,i have seen in print   
are under fifty2 so that we may safely  
take that number as a just medium2 and  

then the whole amount of the demesne    
rents will be #gj1jjjl41 or #baj1jjjl4  
of our money4 ,this1 though almost a    
fourth less than the sum stated by      
,vitalis1 still seems a great deal too  
high1 if we should suppose the whole    
sum1 as that author does1 to be paid in 
money1 and that money to be reckoned by 
real pounds of silver4 ,but we must     
observe1 that1 when sums of money are   
set down in old laws and records1 the   
interpretation of those words1 pounds   
and shillings1 is for the most part     
oxen1 sheep1 corn1 and provision4 ,when 
real coin money was to be paid1 it was  
called white money1 or argentum album1  
and was only in a certain stipulated    
proportion to what was rendered in kind1
 and that proportion generally very low4
 ,this method of paying rent1 though it 
entirely overturns the prodigious idea  
of that monarch's pecuniary wealth1 was 
far from being less conducive to his    
greatness4 ,it enabled him to feed a    
multitude of people1--one of the surest 

and largest sources of influence1 and   
which always outbuys money in the       
traffic of affections4 ,this revenue1   
which was the chief support of the      
dignity of our ,saxon kings1 was        
considerably increased by the revival of
 ,danegelt1 of the imposition of which  
we have already spoken1 and which is    
supposed to have produced an annual     
income of #dj1jjjl4 of money1 as then   
valued4  ,the nest branch of the king's 
revenue were the feudal duties1 by him  
first introduced into ,england1--namely1
 ward1 marriage1 relief1 and aids4 ,by  
the first1 the heir of every tenant who 
held immediately from the crown1 during 
his minority1 was in ward for his body  
and his land to the king2 so that he had
 the formation of his mind at that early
 and ductile age to mould to his own    
purposes1 and the entire profits of his 
estate either to augment his demesne or 
to gratify his dependants3 and as we    
have already seen how many and how vast 
estates1 or rather1 princely            

possessions1 were then held immediately 
of the crown1 we may comprehend how     
important an article this must have     
been4  ,though the heir had attained his
 age before the death of his ancestor1  
yet the king intruded between him and   
his inheritance1 and obliged him to     
redeem1 or1 as the term then was1 to    
relieve it4 ,the quantity of this relief
 was generally pretty much at the king's
 discretion1 and often amounted to a    
very great sum4  ,but the king's demands
 on his rents in chief were not yet     
satisfied4 ,he had a right and interest 
in the marriage of heirs1 both males and
 females1 virgins and widows1--and      
either bestowed them at pleasure on his 
favorites1 or sold them to the best     
bidder4 ,the king received for the sale 
of one heiress the sum of #bj1jjjl41 or 
#fj1jjjl4 of our present money1--and    
this at a period when the chief estates 
were much reduced4 ,and from hence was  
derived a great source of revenue1 if   
this right were sold1--of influence and 

attachment1 if bestowed4  ,under the    
same head of feudal duties were the     
casual aids to knight his eldest son and
 marry his eldest daughter4 ,these      
duties could be paid but once1 and1     
though not considerable1 eased him in   
these articles of expenses4  ,after the 
feudal duties1 rather in the order than 
in point of value1 was the profit which 
arose from the sale of justice4 ,no man 
could then sue in the king's court by a 
common or public right1 or without      
paying largely for it1--sometimes the   
third1 and sometimes even half1 the     
value of the estate or debt sued for4   
,these presents were called oblations2  
and the records preceding ,magna        
,charta1 and for some time after1 are   
full of them4 ,and1 as the king thought 
fit1 this must have added greatly to his
 power or wealth1 or indeed to both4    
,the fines and amercements were another 
branch1 and this1 at a time when        
disorders abounded1 and almost every    
disorder was punished by a fine1 was a  

much greater article than at first could
 readily be imagined1--- especially when
 we consider that there were no         
limitations in this point but the king's
 mercy1 particularly in all offences    
relating to the forest1 which were of   
various kinds1 and very strictly        
inquired into4 ,the sale of offices was 
not less considerable4 ,it appears that 
all offices at that time were1 or might 
be1 legally and publicly sold1--that the
 king had many and very rich employments
 in his gift1 and1 though it may appear 
strange1 not inferior to1 if they did   
not exceed1 in number and consequence1  
those of our present establishment4 ,at 
one time the great seal was sold for    
three thousand marks4 ,the office of    
sheriff was then very lucrative3 this   
charge was almost always sold4          
,sometimes a county paid a sum to the   
king1 that he might appoint a sheriff   
whom they liked2 sometimes they paid as 
largely to prevent him from appointing a
 person disagreeable to them2 and thus  

the king had often from the same office 
a double profit in refusing one         
candidate and approving the other4 ,if  
some offices were advantageous1 others  
were burdensome2 and the king had the   
right1 or was at least in the           
unquestioned practice1 of forcing his   
subjects to accept these employments1 or
 to pay for there immunity2 by which    
means he could either punish his enemies
 or augment his wealth1 as his avarice  
or his resentments prevailed4  ,the     
greatest part of the cities and trading 
towns were under his particular         
jurisdiction1 and indeed in a state not 
far removed from slavery4 ,on these he  
laid a sort of imposition1 at such a    
time and in such a proportion as he     
thought fit4 ,this was called a tallage4
 ,if the towns did not forthwith pay the
 sum at which they were rated1 it was   
not unusual1 for their punishment1 to   
double the exaction1 and to proceed in  
levying it by nearly the same methods   
and in the same manner now used to raise

 a contribution in an enemy's country4  
,but the ,jews were a fund almost       
inexhaustible4 ,they were slaves to the 
king in the strictest sense2 insomuch   
that1 besides the various tallages and  
fines extorted from them1 none succeeded
 to the inheritance of his father       
without the king's license and an heavy 
composition4 ,he sometimes even made    
over a wealthy ,jew as a provision to   
some of his favorites for life4 ,they   
were almost the only persons who        
exercised usury1 and thus drew to       
themselves the odium and wealth of the  
whole kingdom2 but they were only a     
canal1 through which it passed to the   
royal treasury4 ,and nothing could be   
more pleasing and popular than such     
exactions3 the people rejoiced1 when    
they saw the ,jews plundered1--not      
considering that they were a sort of    
agents for the crown1 who1 in proportion
 to the heavy taxes they paid1 were     
obliged to advance the terms and enforce
 with greater severity the execution of 

their usurious contracts4 ,through them 
almost the whole body of the nobility   
were in 'debt to the king2 and when he  
thought proper to confiscate the effects
 of the ,jews1 the securities passed    
into his hands2 and by this means he    
must have possessed one of the strongest
 and most terrible instruments of       
authority that could possibly be        
devised1 and the best calculated to keep
 the people in an abject and slavish    
dependence4  ,the last general head of  
his revenue were the customs1 prisages1 
and other impositions upon trade4       
,though the revenue arising from traffic
 in this rude period was much limited by
 the then smallness of its object1 this 
was compensated by the weight and       
variety of the exactions levied by an   
occasional exertion of arbitrary power1 
or the more uniform system of hereditary
 tyranny4 ,trade was restrained1 or the 
privilege granted1 on the payment of    
tolls1 passages1 paages1 pontages1 and  
innumerable other vexatious imposts1 of 

which1 only the barbarous and almost    
unintelligible names subsist at this    
day4  ,these were the most constant and 
regular branches of the revenue4 ,but   
there were other ways innumerable by    
which money1 or an equivalent in cattle1
 poultry1 horses1 hawks1 and dogs1      
accrued to the exchequer4 ,the king's   
interposition in marriages1 even where  
there was no pretence from tenure1 was  
frequently bought1 as well as in other  
negotiations of less moment1 for        
composing of quarrels1 and the like2    
and1 indeed1 some appear on the records1
 of so strange and even ludicrous a     
nature1 that it would not be excusable  
to mention them1 if they did not help to
 show from how many minute sources this 
revenue was fed1 and how the king's     
power descended to the most             
inconsiderable actions of private       
life4#gc ,it is not easy to penetrate   
into the true meaning of all these      
particulars1 but they equally suffice to
 show the character of government in    

those times4 ,a prince furnished with so
 many means of distressing enemies and  
gratifying friends1 and possessed of so 
ample a revenue entirely independent of 
the affections of his subjects1 must    
have been very absolute in substance and
 effect1 whatever might have been the   
external forms of government4  ,for the 
regulation of all these revenues1 and   
for determining all questions which     
concerned them1 a court was appointed1  
upon the model of a court of the same   
nature1 said to be of ancient use in    
,normandy1 and called the ,exchequer4   
,there was nothing in the government of 
,william conceived in a greater manner1 
or more to be commended1 than the       
general survey he took of his conquest4 
,an inquisition was made throughout the 
kingdom concerning the quantity of land 
which was contained in each county1--the
 name of the deprived and the present   
proprietor1--the stock of slaves1 and   
cattle of every kind1 which it          
contained4 ,all these were registered in

 a book1 each article beginning with the
 king's property1 and proceeding        
downward1 according to the rank of the  
proprietors1 in an excellent order1 by  
which might be known at one glance the  
true state of the royal revenues1 the   
wealth1 consequence1 and natural        
connections of every person in the      
kingdom1--in order to ascertain the     
taxes that might be imposed1 and1 to    
serve purposes in the state as well as  
in civil causes1 to be general and      
uncontrollable evidence of property4    
,this book is called ,domesday or the   
,judgment ,book1 and still remains a    
grand monument of the wisdom of the     
,conqueror1--a work in all respects     
useful and worthy of a better age4  ,the
 ,conqueror knew very well how much     
discontent must have arisen from the    
great revolutions which his conquest    
produced in all men's property1 and in  
the general tenor of the government4    
,he1 therefore1 as much as possible to  
guard against every sudden attempt1     

forbade any light or fire to continue in
 any house after a certain bell1 called 
curfew1 had sounded4 ,this bell rung at 
about eight in the evening4 ,there was  
policy in this2 and it served to prevent
 the numberless disorders which arose   
from the late civil commotions4  ,for   
the same purpose of strengthening his   
authority1 he introduced the ,norman    
law1 not only in its substance1 but in  
all its forms1 and ordered that all     
proceedings should be had according to  
that law in the ,french language4#gd    
,the change wrought by the former part  
of this regulation could not have been  
very grievous2 and it was partly the    
necessary consequence of the            
establishment of the new tenures1 and   
which wanted a new law to regulate them3
 in other respects the ,norman          
institutions were not very different    
from the ,english4 ,but to force1       
against nature1 a new language upon a   
conquered people1 to make them1         
strangers in those courts of justice in 

which they were still to retain a       
considerable share1 to be reminded1     
every time they had recourse to         
government for protection1 of the       
slavery in which it held them1--this is 
one of those acts of superfluous tyranny
 from which very few conquering nations 
or parties have forborne1 though no way 
necessary1 but often prejudicial to     
their safety4  ,sidenote3 ,a4,d4 #ajga4 
,these severities1 and affronts more    
galling than severities1 drove the      
,english to another desperate attempt1  
which was the last convulsive effort of 
their expiring freedom4 ,several nobles1
 prelates1 and others1 whose estates had
 been confiscated1 or who were in daily 
apprehension of their confiscation1 fled
 into the fens of ,lincoln and ,ely1    
where ,hereward still maintained his    
ground4 ,this unadvised step completed  
the ruin of the little ,english interest
 that remained4 ,william hastened to    
fill up the sees of the bishops and the 
estates of the nobles with his ,norman  

favorites4 ,he pressed the fugitives    
with equal vivacity2 and at once to cut 
off all the advantage they derived from 
their situation1 he penetrated into the 
,isle of ,ely by a wooden bridge two    
miles in length2 and by the greatness of
 the design1 and rapidity of the        
execution1 as much as by the vigor of   
his charge1 compelled them to surrender 
at discretion4 ,hereward alone escaped1 
who disdained to surrender1 and had cut 
his way through his enemies1 carrying   
his virtue and his sword1 as his        
passports1 wheresoever fortune should   
conduct him4 ,he escaped happily into   
,scotland1 where1 as usual1 the king was
 making some slow movements for the     
relief of the ,english4 ,william lost no
 time to oppose him1 and had passed with
 infinite difficulty through a desert of
 his own making to the frontiers of     
,scotland4 ,here he found the enemy     
strongly intrenched4 ,the causes of the 
war being in a good measure spent by    
,william's late successes1 and neither  

of the princes choosing to risk a battle
 in a country where the consequences of 
a defeat must be so dreadful1 they      
agreed to an accommodation1 which       
included a pardon for ,edgar ,atheling  
on a renunciation of his title to the   
crown4 ,william on this occasion showed1
 as he did on all occasions1 an         
honorable and disinterested sense of    
merit1 by receiving ,hereward to his    
friendship1 and distinguishing him by   
particular favors and bounties4         
,malcolm1 by his whole conduct1 never   
seemed intent upon coming to extremities
 with ,william3 he was satisfied with   
keeping this great warrior in some awe1 
without bringing things to a decision1  
that might involve his kingdom in the   
same calamitous fate that had oppressed 
,england2 whilst his wisdom enabled him 
to reap advantages from the fortunes of 
the conquered1 in drawing so many useful
 people into his dominions1 and from the
 policy of the ,conqueror1 in imitating 
those feudal regulations which he saw   

his neighbor force upon the ,english1   
and which appeared so well calculated   
for the defence of the kingdom4 ,he     
compassed this the more easily1 because 
the feudal policy1 being the discipline 
of all the considerable states in       
,europe1 appeared the masterpiece of    
government4  ,sidenote3 ,a4,d4 #ajgc4   
,if men who have engaged in vast designs
 could ever promise themselves repose1  
,william1 after so many victories1 and  
so many political regulations to secure 
the fruit of them1 might now flatter    
himself with some hope of quiet4 ,but   
disturbances were preparing for his old 
age from a new quarter1 from whence they
 were less expected and less            
tolerable1--from the ,normans1 his      
companions in victory1 and from his     
family1 which he found not less         
difficulty in governing than his        
kingdom4 ,nothing but his absence from  
,england was wanting to make the flame  
blaze out4 ,the numberless petty        
pretensions which the petty lords his   

neighbors on the continent had on each  
other and on ,william1 together with    
their restless disposition and the      
intrigues of the ,french court1 kept    
alive a constant dissension1 which made 
the king's presence on the continent    
frequently necessary4 ,the ,duke of     
,anjou had at this time actually invaded
 his dominions4 ,he was obliged to pass 
over into ,normandy with an army of     
fifty thousand men4 ,william1 who had   
conquered ,england by the assistance of 
the princes on the continent1 now turned
 against them the arms of the ,english1 
who served him with bravery and         
fidelity2 and by their means he soon    
silenced all opposition1 and concluded  
the terms of an advantageous peace4 ,in 
the mean time his ,norman subjects in   
,england1 inconstant1 warlike1          
independent1 fierce by nature1 fiercer  
by their conquest1 could scarcely brook 
that subordination in which their safety
 consisted4 ,upon some frivolous        
pretences1 chiefly personal disgusts1#ge

 a most dangerous conspiracy was formed3
 the principal men among the ,normans   
were engaged in it2 and foreign         
correspondence was not wanting4 ,though 
this conspiracy was chiefly formed and  
carried on by the ,normans1 they knew so
 well the use which ,william on this    
occasion would not fail to make of his  
,english subjects1 that they endeavored1
 as far as was consistent with secrecy1 
to engage several of that nation1 and   
above all1 the ,earl ,waltheof1 as the  
first in rank and reputation among his  
countrymen4 ,waltheof1 thinking it base 
to engage in any cause but that of his  
country against his benefactor1 unveils 
the whole design to ,lanfranc1 who      
immediately took measures for securing  
the chief conspirators4 ,he dispatched  
messengers to inform the king of his    
danger1 who returned without delay at   
the head of his forces1 and by his      
presence1 and his usual bold activity1  
dispersed at once the vapors of this    
conspiracy4 ,the heads were punished4   

,the rest1 left under the shade of a    
dubious mercy1 were awed into obedience4
 ,his glory was1 however1 sullied by his
 putting to death ,waltheof1 who had    
discovered the conspiracy2 but he       
thought the desire the rebels had shown 
of engaging him in their designs        
demonstrated sufficiently that ,waltheof
 still retained a dangerous power4 ,for 
as the years1 so the suspicions1 of this
 politic prince increased1--at whose    
time of life generosity begins to appear
 no more than a splendid weakness4      
,sidenote3 ,a4,d4 #ajgi  ,these troubles
 were hardly appeased1 when others began
 to break forth in his own family1 which
 neither his glory1 nor the terror which
 held a great nation in chains1 could   
preserve in obedience to him4 ,to remove
 in some measure the jealousy of the    
court of ,france with regard to his     
invasion of ,england1 he had promised   
upon his acquisition of that kingdom to 
invest his eldest son1 ,robert1 with the
 ,duchy of ,normandy4 ,but as his new   

acquisition did not seem so secure as it
 was great and magnificent1 he was far  
from any thoughts of resigning his      
hereditary dominions1 which he justly   
considered as a great instrument in     
maintaining his conquests1 and a        
necessary retreat1 if he should be      
deprived of them by the fortune of war4 
,so long as the state of his affairs in 
,england appeared unsettled1 ,robert    
acquiesced in the reasonableness of this
 conduct2 but when he saw his father    
established on his throne1 and found    
himself growing old in an inglorious    
subjection1 he began first to murmur at 
the injustice of the king1 soon after to
 cabal with the ,norman barons and at   
the court of ,france1 and at last openly
 rose in rebellion1 and compelled the   
vassals of the ,duchy to do him homage4 
,the king was not inclined to give up to
 force what he had refused to reason4   
,unbroken with age1 unwearied with so   
many expeditions1 he passed again into  
,normandy1 and pressed his son with the 

vigor of a young warrior4  ,this war1   
which was carried on without anything   
decisive for some time1 ended by a very 
extraordinary and affecting incident4   
,in one of those skirmishes which were  
frequent according to the irregular mode
 of warfare in those days1 ,william and 
his son ,robert1 alike in a forward and 
adventurous courage1 plunged into the   
thickest of the fight1 and unknowingly  
encountered each other4 ,but ,robert1   
superior by fortune1 or by the vigor of 
his youth1 wounded and unhorsed the old 
monarch1 and was just on the point of   
pursuing his unhappy advantage to the   
fatal extremity1 when the well-known    
voice of his father at once struck his  
ears and suspended his arm4 ,blushing   
for his victory1 and overwhelmed with   
the united emotions of grief1 shame1 and
 returning piety1 he fell on his knees1 
poured out a flood of tears1 and1       
embracing his father1 besought him for  
pardon4 ,the tide of nature returning   
strongly on both1 the father in his turn

 embraced his son1 and bathed him with  
his tears2 whilst the combatants on     
either side1 astonished at so unusual a 
spectacle1 suspended the fight1         
applauded this striking act of filial   
piety and paternal tenderness1 and      
pressed that it might become the prelude
 to a lasting peace4 ,peace was made1   
but entirely to the advantage of the    
father1 who carried his son into        
,england1 to secure ,normandy from the  
dangers to which his ambition and       
popularity might expose that dukedom4   
,that ,william might have peace upon no 
part1 the ,welsh and ,scots took        
advantage of these troubles in his      
family to break into ,england3 but their
 expeditions were rather incursions than
 invasions3 they wasted the country1 and
 then retired to secure their plunder4  
,but ,william1 always troubled1 always  
in action1 and always victorious1       
pursued them and compelled them to a    
peace1 which was not concluded but by   
compelling the ,king of ,scotland and   

all the princes of ,wales to do him     
homage4 ,how far this homage extended   
with regard to ,scotland ,i find it     
difficult to determine4  ,robert1 who   
had no pleasure but in action1 as soon  
as this war was concluded1 finding that 
he could not regain his father's        
confidence1 and that he had no credit at
 the court of ,england1 retired to that 
of ,france4 ,edgar ,atheling saw        
likewise that the innocence of his      
conduct could not make amends for the   
guilt of an undoubted title to the      
crown1 and that the ,conqueror1 soured  
by continual opposition1 and suspicious 
through age and the experience of       
mankind1 regarded him with an evil eye4 
,he therefore desired leave to accompany
 ,robert out of the kingdom1 and then to
 make a voyage to the ,holy ,land4 ,this
 leave was readily granted4 ,edgar1     
having displayed great valor in useless 
acts of chivalry abroad1 after the      
,conqueror's death returned to ,england1
 where he long lived in great           

tranquillity1 happy in himself1 beloved 
by all the people1 and unfeared by those
 who held his sceptre1 from his mild and
 inactive virtue4  ,sidenote3 ,a4,d4    
#ajhd4  ,sidenote3 ,a4,d4 #ajhg4        
,william had been so much a stranger to 
repose that it became no longer an      
object desirable to him4 ,he revived his
 claim1 to the ,vexin ,franais1 and some
 other territories on the confines of   
,normandy4 ,this quarrel1 which began1  
between him and the ,king of ,france on 
political motives1 was increased into   
rancor and bitterness1 first1 by a      
boyish contest at chess between their   
children1 which was resented1 more than 
became wise men1 by the fathers2 it was 
further exasperated by taunts and       
mockeries yet less becoming their age   
and dignity1 but which infused a mortal 
venom into the war4 ,william entered    
first into the ,french territories1     
wantonly wasting the country1 and       
setting fire to the towns and villages4 
,he entered ,mantes1 and as usual set it

 on fire2 but whilst he urged his horse 
over the smoking ruins1 and pressed     
forward to further havoc1 the beast1    
impatient of the hot embers which burned
 his hoofs1 plunged and threw his rider 
violently on the saddle-bow4 ,the rim of
 his belly was wounded2 and this wound1 
as ,william was corpulent and in the    
decline of life1 proved fatal4 ,a       
rupture ensued1 and he died at ,rouen1  
after showing a desire of making amends 
for his cruelty by restitutions to the  
towns he had destroyed1 by alms and     
endowments1 the usual fruits of a late  
penitence1 and the acknowledgments which
 expiring ambition pays to virtue4      
,there is nothing more memorable in     
history than the actions1 fortunes1 and 
character of this great man1--whether we
 consider the grandeur of the plans he  
formed1 the courage and wisdom with     
which they were executed1 or the        
splendor of that success which1 adorning
 his youth1 continued without the       
smallest reverse to support his age1    

even to the last moments of his life4   
,he lived above seventy years1 and      
reigned within ten years as long as he  
lived1 sixty over his dukedom1 above    
twenty over ,england1--both of which he 
acquired or kept by his own magnanimity1
 with hardly any other title than he    
derived from his arms3 so that he might 
be reputed1 in all respects1 as happy as
 the highest ambition1 the most fully   
gratified1 can make a man4 ,the silent  
inward satisfactions of domestic        
happiness he neither had nor sought4 ,he
 had a body suited to the character of  
his mind1 erect1 firm1 large1 and       
active1 whilst to be active was a       
praise1--a countenance stern1 and which 
became command4 ,magnificent in his     
living1 reserved in his conversation1   
grave in his common deportment1 but     
relaxing with a wise facetiousness1 he  
knew how to relieve his mind and        
preserve his dignity3 for he never      
forfeited by a personal acquaintance    
that esteem he had acquired by his great

 actions4 ,unlearned in books1 he formed
 his understanding by the rigid         
discipline of a large and complicated   
experience4 ,he knew men much1 and      
therefore generally trusted them but    
little2 but when he knew any man to be  
good1 he reposed in him an entire       
confidence1 which prevented his prudence
 from degenerating into a vice4 ,he had 
vices in his composition1 and great     
ones2 but they were the vices of a great
 mind3 ambition1 the malady of every    
extensive genius1--and avarice1 the     
madness of the wise3 one chiefly        
actuated his youth1--the other governed 
his age4 ,the vices of young and light  
minds1 the joys of wine and the         
pleasures of love1 never reached his    
aspiring nature4 ,the general run of men
 he looked on with contempt1 and treated
 with cruelty when they opposed him4    
,nor was the rigor of his mind to be    
softened but with the appearance of     
extraordinary fortitude in his enemies1 
which1 by a sympathy congenial to his   

own virtues1 always excited his         
admiration and insured his mercy4 ,so   
that there were often seen in this one  
man1 at the same time1 the extremes of a
 savage cruelty1 and a generosity that  
does honor to human nature4 ,religion1  
too1 seemed to have a great influence on
 his mind1 from policy1 or from better  
motives2 but his religion was displayed 
in the regularity with which he         
performed its duties1 not in the        
submission he showed to its ministers1  
which was never more than what good     
government required4 ,yet his choice of 
a counsellor and favorite was1 not      
according to the mode of the time1 out  
of that order1 and a choice that does   
honor to his memory4 ,this was          
,lanfranc1 a man of great learning for  
the times1 and extraordinary piety4 ,he 
owed his elevation to ,william2 but     
though always inviolably faithful1 he   
never was the tool or flatterer of the  
power which raised him2 and the greater 
freedom he showed1 the higher he rose in

 the confidence of his master4 ,by      
mixing with the concerns of state he did
 not lose his religion and conscience1  
or make them the covers or instruments  
of ambition2 but tempering the fierce   
policy of a new power by the mild lights
 of religion1 he became a blessing to   
the country in which he was promoted4   
,the ,english owed to the virtue of this
 stranger1 and the influence he had on  
the king1 the little remains of liberty 
they continued to enjoy1 and at last    
such a degree of his confidence as in   
some sort counterbalanced the severities
 of the former part of his reign4       
,,footnotes3  #gb ,i have known1 myself1
 great mistakes in calculation by       
computing1 as the produce of every day  
in the year1 that of one extraordinary  
day4  #gc ,the ,bishop of ,winchester   
fined for not putting the king in mind  
to give a girdle to the ,countess of    
,albemarle4--,robertus de ,vallibus     
debet quinque optimos palafredos1 ut rex
 taceret de uxore ,henrici ,pinel4--,the

 wife of ,hugh do ,nevil fined in two   
hundred hens1 that she might lie with1  
her husband for one night2 another1 that
 he might rise from1 his infirmity2 a   
third1 that he might eat4  #gd ,for some
 particulars of the condition of the    
,english of this time1 vide ,eadmer1 p4 
#aaj4  #ge ,upon occasion of a ward     
refused in marriage4 ,wright thinks the 
feudal right of marriage not then       
introduced4     ,,chapter ,,iii4        
,,reign ,,of ,,william ,,the ,,second1  
,,surnamed ,,rufus4   ,sidenote3 ,a4,d4 
#ajhg4  ,william had by his queen       
,matilda three sons1 who survived       
him1--,robert1 ,william1 and ,henry4    
,robert1 though in an advanced age at   
his father's death1 was even then more  
remarkable for those virtues which make 
us entertain hopes of a young man than  
for that steady prudence which is       
necessary when the short career we are  
to run will not allow us to make many   
mistakes4 ,he had1 indeed1 a temper     
suitable to the genius of the time he   

lived in1 and which therefore enabled   
him to make a considerable figure in the
 transactions which distinguished that  
period4 ,he was of a sincere1 open1     
candid nature2 passionately fond of     
glory2 ambitious1 without having any    
determinate object in view2 vehement in 
his pursuits1 but inconstant2 much in   
war1 which he understood and loved4 ,but
 guiding himself1 both in war and peace1
 solely by the impulses of an unbounded 
and irregular spirit1 he filled the     
world with an equal admiration and pity 
of his splendid qualities and great     
misfortunes4 ,william was of a character
 very different4 ,his views were short1 
his designs few1 his genius narrow1 and 
his manners brutal2 full of craft1      
rapacious1 without faith1 without       
religion2 but circumspect1 steady1 and  
courageous for his ends1 not for glory4 
,these qualities secured to him that    
fortune which the virtues of ,robert    
deserved4 ,of ,henry we shall speak     
hereafter4  ,sidenote3 ,a4,d4 #ajhh4    

,we have seen the quarrels1 together    
with the causes of them1 which embroiled
 the ,conqueror with his eldest son1    
,robert4 ,although the wound was skinned
 over by several temporary and          
palliative accommodations1 it still left
 a soreness in the father's mind1 which 
influenced him by his last will to cut  
off ,robert from the inheritance of his 
,english dominions4 ,those he declared  
he derived from his sword1 and therefore
 he would dispose of them1 to that son  
whose dutiful behavior had made him the 
most worthy4 ,to ,william1 therefore1 he
 left his crown2 to ,henry he devised   
his treasures3 ,robert possessed nothing
 but the ,duchy1 which was his          
birthright4 ,william had some advantages
 to enforce the execution of a bequest  
which was not included even in any of   
the modes of succession which then were 
admitted4 ,he was at the time of his    
father's death in ,england1 and had an  
opportunity of seizing the vacant       
government1 a thing of great moment in  

all disputed rights4 ,he had also1 by   
his presence1 an opportunity of engaging
 some of the most considerable leading  
men in his interests4 ,but his greatest 
strength was derived from the adherence 
to his cause of ,lanfranc1 a prelate of 
the greatest authority amongst the      
,english as well as the ,normans1 both  
from the place he had held in the       
,conqueror's esteem1 whose memory all   
men respected1 and from his own great   
and excellent qualities4 ,by the advice 
of this prelate the new monarch         
professed to be entirely governed4 ,and 
as an earnest of his future reign1 he   
renounced all the rigid maxims of       
conquest1 and swore to protect the      
,church and the people1 and to govern by
 ,st4 ,edward's ,laws1--a promise       
extremely grateful and popular to all   
parties3 for the ,normans1 finding the  
,english passionately desirous of these 
laws1 and only knowing that they were in
 general favorable to liberty and       
conducive to peace and order1 became    

equally clamorous for their             
restablishment4 ,by these measures1 and 
the weakness of those which were adopted
 by ,robert1 ,william established       
himself on his throne1 and suppressed a 
dangerous conspiracy formed by some     
,norman noblemen in the interests of his
 brother1 although it was fomented by   
all the art and intrigue which his uncle
 ,odo could put in practice1 the most   
bold and politic man of that age4       
,sidenote3 ,a4,d4 #ajhi4  ,the security 
he began to enjoy from this success1 and
 the strength which government receives 
by merely continuing1 gave room to his  
natural dispositions to break out in    
several acts of tyranny and injustice4  
,the forest laws were executed with     
rigor1 the old impositions revived1 and 
new laid on4 ,lanfranc made             
representations to the king on this     
conduct1 but they produced no other     
effect than the abatement of his credit1
 which from that moment to his death1   
which happened soon after1 was very     

little in the government4 ,the revenue  
of the vacant see was seized into the   
king's hands4 ,when the ,church lands   
were made subject to military service1  
they seemed to partake all the qualities
 of the military tenure1 and to be      
subject to the same burdens2 and as on  
the death of a military vassal his land 
was in wardship of the lord until the   
heir had attained his age1 so there     
arose a pretence1 on the vacancy of a   
bishopric1 to suppose the land in ward  
with the king until the seat should be  
filled4 ,this principle1 once           
established1 opened a large field for   
various lucrative abuses2 nor could it  
be supposed1 whilst the vacancy turned  
to such good account1 that a necessitous
 or avaricious king would show any      
extraordinary haste to put the          
bishoprics and abbacies out of his      
power4 ,in effect1 ,william always kept 
them a long time vacant1 and in the     
vacancy granted away much of their      
possessions1 particularly several manors

 belonging to the see of ,canterbury2   
and when he filled this see1 it was only
 to prostitute that dignity by disposing
 of it to the highest bidder4           
,sidenote3 ,a4,d4 #ajic4  ,to support   
him in these courses he chose for his   
minister ,ralph ,flambard1 a fit        
instrument in his designs1 and possessed
 of such art and eloquence as to color  
them in a specious manner4 ,this man    
inflamed all the king's passions1 and   
encouraged him in his unjust            
enterprises4 ,it is hard to say which   
was most unpopular1 the king or his     
minister4 ,but ,flambard1 having escaped
 a conspiracy against his life1 and     
having punished the conspirators        
severely1 struck such a general terror  
into the nation1 that none dared to     
oppose him4 ,robert's title alone stood 
in the king's way1 and he knew that this
 must be a perpetual source of          
disturbance to him4 ,he resolved1       
therefore1 to put him in peril for his  
own dominions4 ,he collected a large    

army1 and entering into ,normandy1 he   
began a war1 at first with great        
success1 on account of a difference     
between the ,duke and his brother       
,henry4 ,but their common dread of      
,william reconciled them2 and this      
reconciliation put them in a condition  
of procuring an equal peace1 the chief  
conditions of which were1 that ,robert  
should be put in possession of certain  
seigniories in ,england1 and that each1 
in case of survival1 should succeed to  
the other's dominions4 ,william         
concluded this peace the more readily1  
because ,malcolm1 ,king of ,scotland1   
who hung over him1 was ready upon every 
advantage to invade his territories1 and
 had now actually entered ,england with 
a powerful army4 ,robert1 who courted   
action1 without regarding what interest 
might have dictated1 immediately on     
concluding the treaty entered into his  
brother's service in this war against   
the ,scots2 which1 on the king's return1
 being in appearance laid asleep by an  

accommodation1 broke out with redoubled 
fury the following year4 ,the ,king of  
,scotland1 provoked to this rupture by  
the haughtiness of ,william1 was        
circumvented by the artifice and fraud  
of one of his ministers3 under an       
appearance of negotiation1 he was       
attacked and killed1 together with his  
only son4 ,this was a grievous wound to 
,scotland1 in the loss of one of the    
wisest and bravest of her kings1 and in 
the domestic distractions which         
afterwards tore that kingdom to pieces4 
,sidenote3 ,a4,d4 #ajid4  ,sidenote3    
,a4,d4 #ajif4  ,no sooner was this war  
ended1 than ,william1 freed from an     
enemy which had given himself and his   
father so many alarms1 renewed his ill  
treatment of his brother1 and refused to
 abide by the terms of the late treaty4 
,robert1 incensed at these repeated     
perfidies1 returned to ,normandy with   
thoughts full of revenge and war4 ,but  
he found that the artifices and bribes  
of the ,king of ,england had corrupted  

the greatest part of his barons1 and    
filled the country with faction and     
disloyalty4 ,his own facility of temper 
had relaxed all the bands of government1
 and contributed greatly to these       
disorders4 ,in this distress he was     
obliged to have recourse to the ,king of
 ,france for succor4 ,philip1 who was   
then on the throne1 entered into his    
quarrel4 ,nor was ,william1 on his side1
 backward2 though prodigal to the       
highest degree1 the resources of his    
tyranny and extortion were              
inexhaustible4 ,he was enabled to enter 
,normandy once more with a considerable 
army4 ,but the opposition1 too1 was     
considerable2 and the war had probably  
been spun out to a great length1 and had
 drawn on very bloody consequences1 if  
one of the most extraordinary events    
which are contained in the history of   
mankind had not suspended their arms1   
and drawn1 all inferior views1          
sentiments1 and designs into the vortex 
of one grand project4 ,this was the     

,crusade1 which1 with astonishing       
success1 now began to be preached       
through all ,europe4 ,this design was   
then1 and it continued long after1 the  
principle which influenced the          
transactions of that period both at home
 and abroad2 it will1 therefore1 not be 
foreign to our subject to trace it to   
its source4  ,as the power of the       
,papacy spread1 the see of ,rome began  
to be more and more an object of        
ambition2 the most refined intrigues    
were put in practice to attain it2 and  
all the princes of ,europe interested   
themselves in the contest4 ,the election
 of ,pope was not regulated by those    
prudent dispositions which have since   
taken place2 there were frequent        
pretences to controvert the validity of 
the election1 and of course several     
persons at the same time laid claim to  
that dignity4 ,popes and ,antipopes     
arose4 ,europe was rent asunder by these
 disputes1 whilst some princes          
maintained the rights of one party1 and 

some defended the pretensions of the    
other3 sometimes the prince acknowledged
 one ,pope1 whilst his subjects adhered 
to his rival4 ,the scandals occasioned  
by these schisms were infinite2 and they
 threatened a deadly wound to that      
authority whose greatness had occasioned
 them4 ,princes were taught to know     
their own power4 ,that ,pope who this   
day was a suppliant to a monarch to be  
recognized by him could with an ill     
grace pretend to govern him with an high
 hand the next4 ,the lustre of the ,holy
 ,see began to be tarnished1 when ,urban
 the ,second1 after a long contest of   
this nature1 was universally            
acknowledged4 ,that ,pope1 sensible by  
his own experience of the ill           
consequence of such disputes1 sought to 
turn the minds of the people into       
another channel1 and by exerting it     
vigorously to give a new strength to the
 ,papal power4 ,in an age so ignorant1  
it was very natural that men should     
think a great deal in religion depended 

upon the very scene where the work of   
our ,redemption was accomplished4       
,pilgrimages to ,jerusalem were         
therefore judged highly meritorious1 and
 became very frequent4 ,but the country 
which was the object of them1 as well as
 several of those through which the     
journey lay1 were in the hands of       
,mahometans1 who1 against all the rules 
of humanity and good policy1 treated the
 ,christian pilgrims with great         
indignity4 ,these1 on their return1     
filled the minds of their neighbors with
 hatred and resentment against those    
infidels4 ,pope ,urban laid hold on this
 disposition1 and encouraged ,peter the 
,hermit1 a man visionary1 zealous1      
enthusiastic1 and possessed of a warm   
irregular eloquence adapted to the pitch
 of his hearers1 to preach an expedition
 for the delivery of the ,holy ,land4   
,great designs may be started and the   
spirit of them inspired by enthusiasts1 
but cool heads are required to bring    
them into form4 ,the ,pope1 not relying 

solely on ,peter1 called a council at   
,clermont1 where an infinite number of  
people of all sorts were assembled4     
,here he dispensed with a full hand     
benedictions and indulgences to all     
persons who should engage in the        
expedition2 and preaching with great    
vehemence in a large plain1 towards the 
end of his discourse1 somebody1 by      
design or by accident1 cried out1 ,it is
 the will of ,god6 ,this voice was      
repeated by the next1 and in a moment it
 circulated through this innumerable    
people1 which rang with the acclamation 
of ,it is the will of ,god6 ,it is the  
will of ,god6#gf ,the neighboring       
villages caught up those oracular words1
 and it is incredible with what celerity
 they spread everywhere around into     
places the most distant4 ,this          
circumstance1 then considered as        
miraculous1 contributed greatly to the  
success of the ,hermit's mission4 ,no   
less did the disposition of the nobility
 throughout ,europe1 wholly actuated    

with devotion and chivalry1 contribute  
to forward an enterprise so suited to   
the gratification of both these         
passions4 ,everything was now in motion2
 both sexes1 and every station and age  
and condition of life1 engaged with     
transport in this holy warfare4#gg      
,there was even a danger that ,europe   
would be entirely exhausted by the      
torrents that were rushing out to deluge
 ,asia4 ,these vast bodies1 collected   
without choice1 were conducted without  
skill or order2 and they succeeded      
accordingly4 ,women and children        
composed no small part of those armies1 
which were headed by priests2 and it is 
hard to say which is most lamentable1   
the destruction of such multitudes of   
men1 or the frenzy which drew it upon   
them4 ,but this design1 after           
innumerable calamities1 began at last to
 be conducted in a manner worthy of so  
grand and bold a project4 ,raimond1     
,count of ,toulouse1 ,godfrey of        
,bouillon1 and several other princes1   

who were great captains as well as      
devotees1 engaged in the expedition1 and
 with suitable effects4 ,but none burned
 more to signalize his zeal and courage 
on this occasion than ,robert1 ,duke of 
,normandy1 who was fired with the       
thoughts of an enterprise which seemed  
to be made for his genius4 ,he          
immediately suspended his interesting   
quarrel with his brother1 and1 instead  
of contesting with him the crown to     
which he had such fair pretensions1 or  
the duchy of which he was in possession1
 he proposed to mortgage to him the     
latter during five years for a sum of   
thirteen thousand marks of gold4        
,william1 who had neither sense of      
religion nor thirst of glory1 intrenched
 in his secure and narrow policy1       
laughed at a design that had deceived   
all the great minds in ,europe4 ,he     
extorted1 as usual1 this sum from his   
subjects1 and immediately took          
possession of ,normandy2 whilst ,robert1
 at the head of a gallant army1 leaving 

his hereditary dominions1 is gone to cut
 out unknown kingdoms in ,asia4  ,some  
conspiracies disturbed the course of the
 reign1 or rather tyranny1 of this      
prince3 as plots usually do1 they ended 
in the ruin of those who contrived them1
 but proved no check to the ill         
government of ,william4 ,some           
disturbances1 too1 he had from the      
incursions of the ,welsh1 from revolts  
in ,normandy1 and from a war1 that began
 and ended without anything memorable   
either in the cause or consequence1 with
 ,france4  ,he had a dispute at home    
which at another time had raised great  
disturbances2 but nothing was now       
considered but the expedition to the    
,holy ,land4 ,after the death of        
,lanfranc1 ,william omitted for a long  
time to fill up that see1 and had even  
alienated a considerable portion of the 
revenue4 ,a fit of sickness1 however1   
softened his mind2 and the clergy1      
taking advantage of those happy moments1
 among other parts of misgovernment     

which they advised him to correct1      
particularly urged him to fill the      
vacant sees4 ,he filled that of         
,canterbury with ,anselm1 ,bishop of    
,bec1 a man of great piety and learning1
 but inflexible and rigid in whatever   
related to the rights1 real or supposed1
 of the ,church4 ,this prelate refused  
to accept the see of ,canterbury1       
foreseeing the troubles that must arise 
from his own dispositions and those of  
the king2 nor was he prevailed upon to  
accept it1 but on a promise of          
indemnification for what the            
temporalities of the see had suffered4  
,but ,william's sickness and pious      
resolutions ending together1 little care
 was taken about the execution of this  
agreement4 ,thus began a quarrel between
 this rapacious king and inflexible     
archbishop4 ,soon after1 ,anselm        
declared in favor of ,pope ,urban1      
before the king had recognized him1 and 
thus subjected himself to the law which 
,william the ,conqueror had made against

 accepting a ,pope without his consent4 
,the quarrel was inflamed to the highest
 pitch2 and ,anselm desiring to depart  
the kingdom1 the king consented4        
,sidenote3 ,a4,d4 #aajj4  ,the eyes of  
all men being now turned towards the    
great transactions in the ,east1        
,william1 ,duke of ,guienne1 fired by   
the success and glory that attended the 
holy adventurers1 resolved to take the  
cross2 but his revenues were not        
sufficient to support the figure his    
rank required in this expedition4 ,he   
applied to the ,king of ,england1 who1  
being master of the purses of his       
subjects1 never wanted money2 and he was
 politician enough to avail himself of  
the prodigal1 inconsiderate zeal of the 
times to lay out this money to great    
advantage4 ,he acted the part of usurer 
to the ,croises2 and as he had taken    
,normandy in mortgage from his brother  
,robert1 having advanced the ,duke of   
,guienne a sum on the same conditions1  
he was ready to confirm his bargain by  

taking possession1 when he was killed in
 hunting by an accidental stroke of an  
arrow which pierced his heart4 ,this    
accident happened in the ,new ,forest1  
which his father with such infinite     
oppression of the people had made1 and  
in which they both delighted extremely4 
,in the same forest the ,conqueror's    
eldest son1 a youth of great hopes1 had 
several years before met his death from 
the horns of a stag2 and these so       
memorable fates to the same family and  
in the same place easily inclined men to
 think this a judgment from ,heaven3 the
 people consoling themselves under their
 sufferings with these equivocal marks  
of the vengeance of ,providence upon    
their oppressors4  ,we have painted this
 prince in the colors in which he is    
drawn by all the writers who lived the  
nearest to his time4 ,although the      
monkish historians1 affected with the   
partiality of their character1 and with 
the sense of recent injuries1 expressed 
themselves with passion concerning him1 

we have no other guides to follow4      
,nothing1 indeed1 in his life appears to
 vindicate his character2 and it makes  
strongly for his disadvantage1 that1    
without any great end of government1 he 
contradicted the prejudices of the age  
in which he lived1 the general and      
common foundation of honor1 and thereby 
made himself obnoxious to that body of  
men who had the sole custody of fame1   
and could alone transmit his name with  
glory or disgrace to posterity4         
,,footnotes3  #gf ,maimbourg4  #gg      
,chron4 ,sax4 #bjd4     ,,chapter ,,iv4 
,,reign ,,of ,,henry ,i4   ,sidenote3   
,a4,d4 #aajj4  ,henry1 the youngest son 
of the ,conqueror1 was hunting at the   
same time and in the same forest in     
which his brother met his fate4 ,he was 
not long before he came to a resolution 
of seizing on the vacant crown4 ,the    
order of succession had already been    
broken2 the absence of ,duke ,robert1   
and the concurrence of many             
circumstances altogether resembling     

those which had been so favorable to the
 late monarch1 incited him to a similar 
attempt4 ,to lose no time at a juncture 
when the use of a moment is often       
decisive1 he went directly to           
,winchester1 where the regalia and the  
treasures of the crown were deposited4  
,but the governor1 a man of resolution1 
and firmly attached to ,robert1         
positively refused to deliver them4     
,henry1 conscious that great enterprises
 are not to be conducted in a middle    
course1 prepared to reduce him by force 
of arms4 ,during this contest1 the news 
of the king's death1 and the attempts of
 ,henry1 drew great numbers of the      
nobility to ,winchester1 and with them a
 vast concourse of the inferior people4 
,to the nobility he set forth his title 
to the crown in the most plausible      
manner it could bear3 he alleged that he
 was born after his father had acquired 
his kingdom1 and that he was therefore  
natural heir of the crown2 but that his 
brother was1 at best1 only born to the  

inheritance of a dukedom4 ,the nobility 
heard the claim of this prince2 but they
 were more generally inclined to        
,robert1 whose birthright1 less         
questionable in itself1 had been also   
confirmed by a solemn treaty4 ,but      
whilst they retired to consult1 ,henry1 
well apprised of their dispositions1 and
 who therefore was little inclined to   
wait the result of their debates1 threw 
himself entirely upon the populace4 ,to 
them he said little concerning his      
title1 as he knew such an audience is   
little moved with a discussion of       
rights1 but much with the spirit and    
manner in which they are claimed2 for   
which reason he began by drawing his    
sword1 and swearing1 with a bold and    
determined air1 to persist in his       
pretensions to his last breath4 ,then   
turning to the crowd1 and remitting of  
his severity1 he began to soothe them   
with the promises of a milder government
 than they had experienced either       
beneath his brother or his father2 the  

,church should enjoy her immunities1 the
 people their liberties1 the nobles     
their pleasures2 the forest laws should 
cease2 the distinction of ,englishman   
and ,norman be heard no more4 ,next he  
expatiated on the grievances of the     
former reigns1 and promised to redress  
them all4 ,lastly1 he spoke of his      
brother ,robert1 whose dissoluteness1   
whose inactivity1 whose unsteady temper1
 nay1 whose very virtues1 threatened    
nothing but ruin to any country which he
 should govern4 ,the people received    
this popular harangue1 delivered by a   
prince whose person was full of grace   
and majesty1 with shouts of joy and     
rapture4 ,immediately they rush to the  
house where the council is held1 which  
they surround1 and with clamor and      
menaces demand ,henry for their king4   
,the nobility were terrified by the     
sedition2 and remembering how little    
present ,robert had been on a former    
occasion to his own interests1 or to    
those who defended him1 they joined     

their voice to that of the people1 and  
,henry was proclaimed without           
opposition4 ,the treasure which he      
seized he divided amongst those that    
seemed wavering in his cause2 and that  
he might secure his new and disputed    
right by every method1 he proceeded     
without delay to ,london to be crowned1 
and to sanctify by the solemnity of the 
unction the choice of the people4 ,as   
the churchmen in those days were the    
arbiters of everything1 and as no       
churchman possessed more credit than    
,anselm1 ,archbishop of ,canterbury1 who
 had been persecuted and banished by his
 brother1 he recalled that prelate1 and 
by every mark of confidence confirmed   
him in his interests4 ,two other steps  
he took1 equally prudent and politic3 he
 confirmed and enlarged the privileges  
of the city of ,london1 and gave to the 
whole kingdom a charter of liberties1   
which was the first of the kind1 and    
laid the foundation of those successive 
charters which at last completed the    

freedom of the subject4 ,in fine1 he    
cemented the whole fabric of his power  
by marrying ,maud1 daughter of ,malcolm1
 ,king of ,scotland1 by the sister of   
,edgar ,atheling1--thus to insure the   
affection1 of the ,english1 and1 as he  
flattered himself1 to have a sure       
succession to his children4  ,sidenote3 
,a4,d4 #aaja4  ,the ,crusade being      
successfully finished by the taking of  
,jerusalem1 ,robert returned into       
,europe4 ,he had acquired great         
reputation in that war1 in which he had 
no interest2 his real and valuable      
rights he prosecuted with languor4 ,yet 
such was the respect paid to his title1 
and such the attraction of his personal 
accomplishments1 that1 when he had at   
last taken possession of his ,norman    
territories1 and entered ,england with  
an army to assert his birthright1 he    
found most of the ,norman barons1 and   
many of the ,english1 in readiness to   
join him4 ,but the diligence of ,anselm1
 who employed all his credit to keep the

 people firm to the oath they had taken1
 prevented him from profiting of the    
general inclination in his favor4 ,his  
friends began to fall off by degrees1 so
 that he was induced1 as well by the    
situation of his affairs as the         
flexibility of his temper1 to submit to 
a treaty on the plan of that he had     
formerly entered into with his brother  
,rufus4  ,sidenote3 ,a4,d4 #aajc4       
,sidenote3 ,a4,d4 #aajf4  ,this treaty  
being made1 ,robert returned to his     
dukedom1 and gave himself over to his   
natural indolence and dissipation4      
,uncured by his misfortunes of a loose  
generosity that flowed indiscriminately 
on all1 he mortgaged every branch of his
 revenue1 and almost his whole domain4  
,his barons1 despising his indigence1   
and secure in the benignity of his      
temper1 began to assume the unhappy     
privilege of sovereigns4 ,they made war 
on each other at pleasure1 and1 pursuing
 their hostilities with the most        
scandalous license1 they reduced that   

fine country to a deplorable condition4 
,in vain did the people1 ruined by the  
tyranny and divisions of the great1     
apply to ,robert for protection3 neither
 from his circumstances nor his         
character was he able to afford them any
 effectual relief2 whilst ,henry1 who by
 his bribes and artifices kept alive the
 disorder of which he complained and    
profited1 formed a party in ,normandy to
 call him over1 and to put the dukedom  
under his protection4 ,accordingly1 he  
prepared a considerable force for the   
expedition1 and taxed his own subjects1 
arbitrarily1 and without mercy1 for the 
relief he pretended to afford those of  
his brother4 ,his preparations roused   
,robert from his indolence1 and united  
likewise the greater part of his barons 
to his cause1 unwilling to change a     
master whose only fault was his         
indulgence of them for the severe       
vigilance of ,henry4 ,the ,king of      
,france espoused the same side2 and even
 in ,england some emotions were excited 

in favor of the ,duke by indignation for
 the wrongs he had suffered and those he
 was going to suffer4 ,henry was        
alarmed1 but did not renounce his       
design4 ,he was to the last degree      
jealous of his prerogative2 but knowing 
what immense resources kings may have in
 popularity1 he called on this occasion 
a great council of his barons and       
prelates1 and there1 by his arts and his
 eloquence1 in both which he was        
powerful1 he persuaded the assembly to a
 hearty declaration in his favor1 and to
 a large supply4 ,thus secured at home1 
he lost no time to pass over to the     
continent1 and to bring the ,norman army
 to a speedy engagement4 ,they fought   
under the walls of ,tinchebrai1 where   
the bravery and military genius of      
,robert1 never more conspicuous than on 
that day1 were borne down by the        
superior fortune and numbers of his     
ambitious brother4 ,he was made         
prisoner2 and notwithstanding all the   
tender pleas of their common blood1 in  

spite of his virtues1 and even of his   
misfortunes1 which pleaded so strongly  
for mercy1 the rigid conqueror held him 
in various prisons until his death1     
which did not happen until after a      
rigorous confinement of eighteen1 some  
say twenty-seven1 years4 ,this was the  
end of a prince born with a thousand    
excellent qualities1 which served no    
other purpose than to confirm1 from the 
example of his misfortunes1 that a      
facility of disposition and a weak      
beneficence are the greatest vices that 
can enter into the composition of a     
monarch1 equally ruinous to himself and 
to his subjects4  ,sidenote3 ,a4,d4     
#aajg4  ,sidenote3 ,a4,d4 #aajh4  ,the  
success of this battle put ,henry in    
possession of ,normandy1 which he held  
ever after with very little disturbance4
 ,he fortified his new acquisition by   
demolishing the castles of those        
turbulent barons who had wasted and     
afterwards enslaved their country by    
their dissensions4 ,order and justice   

took place1 until everything was reduced
 to obedience2 then a severe and regular
 oppression succeeded the former        
disorderly tyranny4 ,in ,england things 
took the same course4 ,the king no      
longer doubted his fortune1 and         
therefore no longer respected his       
promises or his charter4 ,the forests1  
the savage passion of the ,norman       
princes1 for which both the prince and  
people paid so dearly1 were maintained1 
increased1 and guarded with laws more   
rigorous than before4 ,taxes were       
largely and arbitrarily assessed4 ,but  
all this tyranny did not weaken1 though 
it vexed the nation1 because the great  
men were kept in proper subjection1 and 
justice was steadily administered4  ,the
 politics of this remarkable reign      
consisted of three branches3 to redress 
the gross abuses which prevailed in the 
civil government and the revenue1 to    
humble the great barons1 and keep the   
aspiring spirit of the clergy within    
proper bounds4 ,the introduction of a   

new law with a new people at the        
,conquest had unsettled everything3 for 
whilst some adhered to the ,conqueror's 
regulations1 and others contended for   
those of ,st4 ,edward1 neither of them  
were well executed or properly obeyed4  
,the king1 therefore1 with the          
assistance of his justiciaries1 compiled
 a new body of laws1 in order to find a 
temper between both4 ,the coin had been 
miserably debased1 but it was restored  
by the king's vigilance1 and preserved  
by punishments1 cruel1 but terrifying in
 their example4 ,there was a savageness 
in all the judicial proceedings of those
 days1 that gave even justice itself the
 complexion of tyranny3 for whilst a    
number of men were seen in all parts of 
the kingdom1 some castrated1 some       
without hands1 others with their feet   
cut off1 and in various ways cruelly    
mangled1 the view of a perpetual        
punishment blotted out the memory of the
 transient crime1 and government was the
 more odious1 which1 out of a cruel and 

mistaken mercy1 to avoid punishing with 
death1 devised torments far more        
terrible than death itself4  ,but       
nothing called for redress more than the
 disorders in the king's own household4 
,it was considered as an incident       
annexed to their tenure1 that the socage
 vassals of the crown1 and so of all the
 subordinate barons1 should receive     
their lord and all his followers1 and   
supply them in their progresses and     
journeys1 which custom continued for    
some ages after in ,ireland1 under the  
name of coshering4 ,but this indefinite 
and ill-contrived charge on the tenant  
was easily perverted to an instrument of
 much oppression by the disorders of a  
rude and licentious court2 insomuch that
 the tenants1 in fear for their         
substance1 for the honor of their women1
 and often for their lives1 deserted    
their habitations and fled into the     
woods on the king's approach4 ,no       
circumstance could be more dishonorable 
to a prince2 but happily1 like many     

other great abuses1 it gave rise to a   
great reform1 which went much further   
than its immediate purposes4 ,this      
disorder1 which the punishment of       
offenders could only palliate1 was      
entirely taken away by commuting        
personal service for a rent in money2   
which regulation1 passing from the king 
to all the inferior lords1 in a short   
time wrought a great change in the state
 of the nation4 ,to humble the great    
men1 more arbitrary methods were used4  
,the adherence to the title of ,robert  
was a cause1 or a pretence1 of depriving
 many of their vast possessions1 which  
were split or parcelled out amongst the 
king's creatures1 with great injustice  
to particulars1 but in the consequences 
with general and lasting benefit4 ,the  
king held his courts1 according to the  
custom1 at ,christmas and ,easter1 but  
he seldom kept both festivals in the    
same place4 ,he made continual          
progresses into all parts of his        
kingdom1 and brought the royal authority

 and person home to the doors of his    
haughty barons1 which kept them in      
strict obedience during his long and    
severe reign4  ,his contests with the   
,church1 concerning the right of        
investiture1 were more obstinate and    
more dangerous4 ,as this is an affair   
that troubled all ,europe as well as    
,england1 and holds deservedly a        
principal place in the story of those   
times1 it will not be impertinent to    
trace it up to its original4 ,in the    
early times of ,christianity1 when      
religion was only drawn from its        
obscurity to be persecuted1 when a      
bishop was only a candidate for         
martyrdom1 neither the preferment1 nor  
the right of bestowing it1 were sought  
with great ambition4 ,bishops were then 
elected1 and often against their desire1
 by their clergy and the people3 the    
subordinate ecclesiastical districts    
were provided for in the same manner4   
,after the ,roman ,empire became        
,christian1 this usage1 so generally    

established1 still maintained its       
ground4 ,however1 in the principal      
cities1 the ,emperor frequently         
exercised the privilege of giving a     
sanction to the choice1 and sometimes of
 appointing the bishop2 though1 for the 
most part1 the popular election still   
prevailed4 ,but when1 the ,barbarians1  
after destroying the ,empire1 had at    
length submitted their necks to the     
,gospel1 their kings and great men1 full
 of zeal and gratitude to their         
instructors1 endowed the ,church with   
large territories and great privileges4 
,in this case it was but natural that   
they should be the patrons of those     
dignities and nominate to that power    
which arose from their own free bounty4 
,hence the bishoprics in the greatest   
part of ,europe became in effect1       
whatever some few might have been in    
appearance1 merely donative4 ,and as the
 bishoprics formed so many seigniories1 
when the feudal establishment was       
completed1 they partook of the feudal   

nature1 so far as they were subjects    
capable of it2 homage and fealty were   
required on the part of the spiritual   
vassal2 the king1 on his part1 gave the 
bishop the investiture1 or livery and   
seizin of his temporalities1 by the     
delivery of a ring and staff4 ,this was 
the original manner of granting feudal  
property1 and something like it is still
 practised in our base-courts4 ,pope    
,adrian confirmed this privilege to     
,charlemagne by an express grant4 ,the  
clergy of that time1 ignorant1 but      
inquisitive1 were very ready at finding 
types and mysteries in every ceremony3  
they construed the staff into an emblem 
of the pastoral care1 and the ring into 
a type of the bishop's allegorical      
marriage to his church1 and therefore   
supposed them designed as emblems of a  
jurisdiction merely spiritual4 ,the     
,papal pretensions increased with the   
general ignorance and superstition2 and 
the better to support these pretensions1
 it was necessary at once to exalt the  

clergy extremely1 and1 by breaking off  
all ties between them and their natural 
sovereigns1 to attach them wholly to the
 ,roman see4 ,in pursuance of this      
project1 the ,pope first strictly       
forbade the clergy to receive           
investitures from laymen1 or to do them 
homage4 ,a council held at ,rome        
entirely condemned this practice2 and   
the condemnation was the less unpopular1
 because the investiture gave rise to   
frequent and flagrant abuses1 especially
 in ,england1 where the sees were on    
this pretence with much scandal long    
held in the king's hands1 and afterwards
 as scandalously and publicly sold to   
the highest bidder4 ,so it had been in  
the last reign1 and so it continued in  
this4  ,henry1 though vigorously        
attacked1 with great resolution         
maintained the rights of his crown with 
regard to investitures1 whilst he saw   
the ,emperor1 who claimed a right of    
investing the ,pope himself1 subdued by 
the thunder of the ,vatican4 ,his chief 

opposition was within his own kingdom4  
,anselm1 ,archbishop of ,canterbury1 a  
man of unblamable life1 and of learning 
for his time1 but blindly attached to   
the rights of the ,church1 real or      
supposed1 refused to consecrate those   
who received investitures from the king4
 ,the parties appealed to ,rome4 ,rome1 
unwilling either to recede from her     
pretensions or to provoke a powerful    
monarch1 gives a dubious answer4        
,meanwhile the contest grows hotter4    
,anselm is obliged to quit the kingdom1 
but is still inflexible4 ,at last1 the  
king1 who1 from the delicate situation  
of his affairs in the beginning of his  
reign1 had been obliged to temporize for
 a long time1 by his usual prudent      
mixture of management with force obliged
 the ,pope to a temperament which seemed
 extremely judicious4 ,the king received
 homage and fealty from his vassal2 the 
investiture1 as it was generally        
understood to relate to spiritual       
jurisdiction1 was given up1 and on this 

equal bottom peace was established4 ,the
 secret of the ,pope's moderation was   
this3 he was at that juncture close     
pressed by the ,emperor1 and it might be
 highly dangerous to contend with two   
such enemies at once2 and he was much   
more ready to yield to ,henry1 who had  
no reciprocal demands on him1 than to   
the ,emperor1 who had many and just     
ones1 and to whom he could not yield any
 one point without giving up an infinite
 number of others very material and     
interesting4  ,sidenote3 ,a4,d4 #aabj4  
,sidenote3 ,a4,d4 #aabg4  ,as the king  
extricated himself happily from so great
 an affair1 so all the other            
difficulties of his reign only          
exercised1 without endangering him4 ,the
 efforts of ,france in favor of the son 
of ,robert were late1 desultory1 and    
therefore unsuccessful4 ,that youth1    
endued with equal virtue and more       
prudence than his father1 after exerting
 many useless acts of unfortunate       
bravery1 fell in battle1 and freed      

,henry from all disturbance on the side 
of ,france4 ,the incursions of the      
,welsh in this reign only gave him an   
opportunity of confining that people    
within narrower bounds4 ,at home he was 
well obeyed by his subjects2 abroad he  
dignified his family by splendid        
alliances4 ,his daughter ,matilda he    
married to the ,emperor4 ,but his       
private fortunes did not flow with so   
even a course as his public affairs4    
,his only son1 ,william1 with a natural 
daughter1 and many of the flower of the 
young nobility1 perished at sea between 
,normandy and ,england4 ,from that fatal
 accident the king was never seen to    
smile4 ,he sought in vain from a second 
marriage to provide a male successor2   
but when he saw all prospect of this at 
an end1 he called a great council of his
 barons and prelates4 ,his daughter     
,matilda1 after the decease of the      
,emperor1 he had given in marriage to   
,geoffrey ,plantagenet1 ,count of       
,anjou4 ,as she was his only remaining  

issue1 he caused her to be acknowledged 
as his successor by the great council2  
he enforced this acknowledgment by      
solemn oaths of fealty1--a sanction     
which he weakened rather than confirmed 
by frequent repetition3 vainly imagining
 that on his death any ties would bind  
to the respect of a succession so little
 respected by himself1 and by the       
violation of which he had procured his  
crown4 ,having taken these measures in  
favor of his daughter1 he died in       
,normandy1 but in a good old age1 and in
 the thirty-sixth year of a prosperous  
reign4     ,,chapter ,v4  ,,reign ,,of  
,,stephen4   ,sidenote3 ,a4,d4 #aace4   
,although the authority of the crown had
 been exercised with very little        
restraint during the three preceding    
reigns1 the succession to it1 or even   
the principles of the succession1 were  
but ill ascertained3 so that a doubt    
might justly have arisen1 whether the   
crown was not in a great measure        
elective4 ,this uncertainty exposed the 

nation1 at the death of every king1 to  
all the calamities of a civil war2 but  
it was a circumstance favorable to the  
designs of ,stephen1 ,earl of ,boulogne1
 who was son of ,stephen1 ,earl of      
,blois1 by a daughter of the ,conqueror4
 ,the late king had raised him to great 
employments1 and enriched him by the    
grant of several lordships4 ,his brother
 had been made ,bishop of ,winchester2  
and by adding to it the place of his    
chief justiciary1 the king gave him an  
opportunity of becoming one of the      
richest subjects in ,europe1 and of     
extending an unlimited influence over   
the clergy and the people4 ,henry       
trusted1 by the promotion of two persons
 so near him in blood1 and so bound by  
benefits1 that he had formed an         
impenetrable fence about the succession2
 but he only inspired into ,stephen the 
design of seizing on the crown by       
bringing him so near it4 ,the           
opportunity was favorable4 ,the king    
died abroad2 ,matilda was absent with   

her husband2 and the ,bishop of         
,winchester1 by his universal credit1   
disposed the churchmen to elect his     
brother1 with the concurrence of the    
greatest part of the nobility1 who      
forgot their oaths1 and vainly hoped    
that a bad title would necessarily      
produce a good government4 ,stephen1 in 
the flower of youth1 bold1 active1 and  
courageous1 full of generosity and a    
noble affability1 that seemed to        
reproach the state and avarice of the   
preceding kings1 was not wanting to his 
fortune4 ,he seized immediately the     
immense treasures of ,henry1 and by     
distributing them with a judicious      
profusion removed all doubts concerning 
his title to them4 ,he did not spare    
even the royal demesne1 but secured     
himself a vast number of adherents by   
involving their guilt and interest in   
his own4 ,he raised a considerable army 
of ,flemings1 in order to strengthen    
himself against another turn of the same
 instability which had raised him to the

 throne2 and1 in imitation of the       
measures of the late king1 he concluded 
all by giving a charter of liberties as 
ample as the people at that time aspired
 to4 ,this charter contained a          
renunciation of the forests made by his 
predecessor1 a grant to the             
ecclesiastics of a jurisdiction over    
their own vassals1 and to the people in 
general an immunity from unjust tallages
 and exactions4 ,it is remarkable1 that 
the oath of allegiance taken by the     
nobility on this occasion was           
conditional3 it was to be observed so   
long as the king observed the terms of  
his charter1--a condition which added no
 real security to the rights of the     
subject1 but which proved a fruitful    
source of dissension1 tumult1 and civil 
violence4  ,the measures which the king 
hitherto pursued were dictated by sound 
policy2 but he took another step to     
secure his throne1 which in fact took   
away all its security1 and at the same  
time brought the country to extreme     

misery1 and to the brink of utter ruin4 
,at the ,conquest there were very few   
fortifications in the kingdom4 ,william 
found it necessary for his security to  
erect several4 ,during the struggles of 
the ,english1 the ,norman nobility were 
permitted 7as in reason it could not be 
refused7 to fortify their own houses4   
,it was1 however1 still understood that 
no new fortress could be erected without
 the king's special license4 ,these     
private castles began very early to     
embarrass the government4 ,the royal    
castles were scarcely less troublesome3 
for1 as everything was then in tenure1  
the governor held his place by the      
tenure of castle-guard2 and thus1       
instead of a simple officer1 subject to 
his pleasure1 the king had to deal with 
a feudal tenant1 secure against him by  
law1 if he performed his services1 and  
by force1 if he was unwilling to perform
 them4 ,every resolution of government  
required a sort of civil war to put it  
in execution4 ,the two last kings had   

taken1 and demolished several of these  
castles2 but when they found the        
reduction1 of any of them difficult1    
their custom frequently was1 to erect   
another close by it1 tower against      
tower1 ditch against ditch3 these were  
called ,malvoisins1 from their purpose  
and situation4 ,thus1 instead of        
removing1 they in fact doubled the      
mischief4 ,stephen1 perceiving the      
passion of the barons for these castles1
 among other popular acts in the        
beginning of his reign1 gave a general  
license for erecting them4 ,then was    
seen to arise in every corner of the    
kingdom1 in every petty seigniory1 an   
inconceivable multitude of strongholds1 
the seats of violence1 and the          
receptacles of murderers1 felons1       
debasers of the coin1 and all manner of 
desperate and abandoned villains4       
,eleven hundred and fifteen of these    
castles were built in this single reign4
 ,the barons1 having thus shut out the  
law1 made continual inroads upon each   

other1 and spread war1 rapine1 burning1 
and desolation throughout the whole     
kingdom4 ,they infested the highroads1  
and put a stop to all trade by          
plundering the merchants and travellers4
 ,those who dwelt in the open country   
they forced into their castles1 and     
after pillaging them of all their       
visible substance1 these tyrants held   
them in dungeons1 and tortured them with
 a thousand cruel inventions to extort a
 discovery of their hidden wealth4 ,the 
lamentable representation given by      
history of those barbarous times        
justifies the pictures in the old       
romances of the castles of giants and   
magicians4 ,a great part of ,europe was 
in the same deplorable condition4 ,it   
was then that some gallant spirits1     
struck with a generous indignation at   
the tyranny of these miscreants1 blessed
 solemnly by the bishop1 and followed by
 the praises and vows of the people1    
sallied forth to vindicate the chastity 
of women and to redress the wrongs of   

travellers and peaceable men4 ,the      
adventurous humor inspired by the       
,crusade heightened and extended this   
spirit2 and thus the idea of            
knight-errantry was formed4  ,sidenote3 
,a4,d4 #aach4  ,sidenote3 ,a4,d4 #aaci4 
,sidenote3 ,a4,d4 #aada4  ,stephen felt 
personally these inconveniences2 but    
because the evil was too stubborn to be 
redressed at once1 he resolved to       
proceed gradually1 and to begin with the
 castles of the bishops1--as they       
evidently held them1 not only against   
the interests of the crown1 but against 
the canons of the ,church4 ,from the    
nobles he expected no opposition to this
 design3 they beheld with envy the pride
 of these ecclesiastical fortresses1    
whose battlements seemed to insult the  
poverty of the lay barons4 ,this        
disposition1 and a want of unanimity    
among the clergy themselves1 enabled    
,stephen to succeed in his attempt      
against the ,bishop of ,salisbury1 one  
of the first whom he attacked1 and whose

 castles1 from their strength and       
situation1 were of the greatest         
importance4 ,but the affairs of this    
prince were so circumstanced that he    
could pursue no council that was not    
dangerous4 ,his breach with the clergy  
let in the party of his rival1 ,matilda4
 ,this party was supported by ,robert1  
,earl of ,gloucester1 natural son to the
 late king1--a man powerful by his vast 
possessions1 but more formidable through
 his popularity1 and the courage and    
abilities by which he had acquired it4  
,several other circumstances weakened   
the cause of ,stephen4 ,the charter1 and
 the other favorable acts1 the          
scaffolding of his ambition1 when he saw
 the structure raised1 he threw down and
 contemned4 ,in order to maintain his   
troops1 as well as to attach men to his 
cause1 where no principle bound them1   
vast and continual largesses became     
necessary3 all his legal revenue had    
been dissipated2 and he was therefore   
obliged to have recourse to such methods

 of raising money as were evidently     
illegal4 ,these causes every day gave   
some accession of strength to the party 
against him2 the friends of ,matilda    
were encouraged to appear in arms2 a    
civil war ensued1 long and bloody1      
prosecuted as chance or a blind rage    
directed1 by mutual acts of cruelty and 
treachery1 by frequent surprisals and   
assaults of castles1 and by a number of 
battles and skirmishes fought to no     
determinate end1 and in which nothing of
 the military art appeared1 but the     
destruction which it caused4 ,various1  
on this occasion1 were the reverses of  
fortune1 while ,stephen1 though         
embarrassed by the weakness of his      
title1 by the scantiness of his         
finances1 and all the disorders which   
arose from both1 supported his tottering
 throne with wonderful activity and     
courage2 but being at length defeated   
and made prisoner under the walls of    
,lincoln1 the clergy openly declare for 
,matilda4 ,the city of ,london1 though  

unwillingly1 follows the example of the 
clergy4 ,the defection from ,stephen was
 growing universal4  ,sidenote3 ,a4,d4  
#aaec4  ,but ,matilda1 puffed up with a 
greatness which as yet had no solid     
foundation and stood merely in personal 
favor1 shook it in the minds of all men 
by assuming1 together with the insolence
 of conquest1 the haughty rigor of an   
established dominion4 ,her title        
appeared but too good in the resemblance
 she bore to the pride of the former    
kings4 ,this made the first ill success 
in her affairs fatal4 ,her great        
support1 the ,earl of ,gloucester1 was  
in his turn made prisoner4 ,in exchange 
for his liberty that of ,stephen was    
procured1 who renewed the war with his  
usual vigor4 ,as he apprehended an      
attempt from ,scotland in favor of      
,matilda1 descended from the blood royal
 of that nation1 to balance this weight1
 he persuaded the ,king of ,france to   
declare in his favor1 alarmed as he was 
by the progress of ,henry1 the son of   

,matilda1 and ,geoffrey1 ,count of      
,anjou4 ,this prince1 no more than      
sixteen years of age1 after receiving   
knighthood from ,david1 ,king of        
,scotland1 began to display a courage   
and capacity destined to the greatest   
things4 ,of a complexion which strongly 
inclined to pleasure1 he listened to    
nothing but ambition2 at an age which is
 usually given up to passion1 he        
submitted delicacy to politics1 and even
 in his marriage only remembered the    
interests of a sovereign1--for1 without 
examining too scrupulously into her     
character1 he married ,eleanor1 the     
heiress of ,guienne1 though divorced    
from her husband for her supposed       
gallantries in the ,holy ,land4 ,he made
 use of the accession of power which he 
acquired by this match to assert his    
birthright to ,normandy4 ,this he did   
with great success1 because he was      
favored by the general inclination of   
the people for the blood of their       
ancient lords4 ,flushed with this       

prosperous beginning1 he aspired to     
greater things2 he obliged the ,king of 
,france to submit to a truce2 and then  
he turned his arms to support the rights
 of his family in ,england1 from whence 
,matilda retired1 unequal to the        
troublesome part she had long acted4    
,worn out with age1 and the clashing of 
furious factions1 she shut herself up in
 a monastery1 and left to her son the   
succession of a civil war4 ,stephen was 
now pressed with renewed vigor4 ,henry  
had rather the advantage in the field2  
,stephen had the possession1 of the     
government4 ,their fortunes appearing   
nearly balanced1 and the fuel of        
dissension being consumed by a continual
 and bloody war of thirteen years1 an   
accommodation was proposed and accepted4
 ,henry found it dangerous to refuse his
 consent1 as the bishops and barons1    
even of his own party1 dreaded the      
consequences1 if a prince1 in the prime 
of an ambitious youth1 should establish 
an hereditary title by the force of     

foreign arms4 ,this treaty1 signed at   
,wallingford1 left the possession of the
 crown for his life to ,stephen1 but    
secured the succession to ,henry1 whom  
that prince adopted4 ,the castles       
erected in this reign were to be        
demolished2 the exorbitant grants of the
 royal demesne to be resumed4 ,to the   
son of ,stephen all his private         
possessions were secured4  ,thus ended  
this tedious and ruinous civil war4     
,stephen survived it near two years2 and
 now1 finding himself more secure as the
 lawful tenant than he had been as the  
usurping proprietor of the crown1 he no 
longer governed on the maxims of        
necessity4 ,he made no new attempts in  
favor of his family1 but spent the      
remainder of his reign in correcting the
 disorders which arose from his steps in
 its commencement1 and in healing the   
wounds of so long and cruel a war4 ,thus
 he left the kingdom in peace to his    
successor1 but his character1 as it is  
usual where party is concerned1 greatly 

disputed4 ,wherever his natural         
dispositions had room to exert          
themselves1 they appeared virtuous and  
princely2 but the lust to reign1 which  
often attends great virtues1 was fatal  
to his1 frequently hid them1 and always 
rendered them suspected4     ,,chapter  
,,vi4  ,,reign ,,of ,,henry ,,ii4       
,sidenote3 ,a4,d4 #aaed4  ,sidenote3    
,a4,d4 #aaeh4  ,the death of ,stephen   
left an undisputed succession for the   
first time since the death of ,edward   
the ,confessor4 ,henry1 descended       
equally from the ,norman ,conqueror and 
the old ,english kings1 adopted by      
,stephen1 acknowledged by the barons1   
united in himself every kind of title4  
,it was grown into a custom for the king
 to grant a charter of liberties on his 
accession to the crown4 ,henry also     
granted a charter of that kind1         
confirming that of his grandfather2 but 
as his situation was very different from
 that of his predecessors1 his charter  
was different1--reserved1 short1 dry1   

conceived in general terms1--a gift1 not
 a bargain4 ,and1 indeed1 there seems to
 have been at that juncture but little  
occasion to limit a power which seemed  
not more than sufficient to correct all 
the evils of an unlimited liberty4      
,henry spent the beginning of his reign 
in repairing the ruins of the royal     
authority1 and in restoring to the      
kingdom peace and order1 along with its 
ancient limits2 and he may well be      
considered as the restorer of the       
,english monarchy4 ,stephen had         
sacrificed the demesne of the crown1 and
 many of its rights1 to his subjects2   
and the necessity of the times obliged  
both that prince and the ,empress       
,matilda to purchase1 in their turns1   
the precarious friendship of the ,king  
of ,scotland by a cession of almost all 
the country north of the ,humber4 ,but  
,henry obliged the ,king of ,scotland to
 restore his acquisitions1 and to renew 
his homage4 ,he took the same methods   
with his barons4 ,not sparing the grants

 of his mother1 he resumed what had been
 so lavishly squandered by both of the  
contending parties1 who1 to establish   
their claims1 had given away almost     
everything that made them valuable4     
,there never was a prince in ,europe who
 better understood the advantages to be 
derived from its peculiar constitution1 
in which greater acquisitions of        
dominion are made by judicious marriages
 than by success in war3 for1 having    
added to his patrimonial territories of 
,anjou and ,normandy the ,duchy of      
,guienne by his own marriage1 the male  
issue of the ,dukes of ,brittany        
failing1 he took the opportunity of     
marrying his third son1 ,geoffrey1 then 
an infant1 to the heiress of that       
important province1 an infant also2 and 
thus uniting by so strong a link his    
northern to his southern dominions1 he  
possessed in his own name1 or in those  
of his wife and son1 all that fine and  
extensive country that is washed by the 
,atlantic ,ocean1 from ,picardy quite to

 the foot of the ,pyrenees4  ,henry1    
possessed of such extensive territories1
 and aiming at further acquisitions1 saw
 with indignation that the sovereign    
authority in all of them1 especially in 
,england1 had been greatly diminished4  
,by his resumptions he had1 indeed1     
lessened the greatness of several of the
 nobility4 ,he had by force of arms     
reduced those who forcibly held the     
crown lands1 and deprived them of their 
own estates for their rebellion4 ,he    
demolished many castles1 those perpetual
 resources of rebellion and disorder4   
,but the great aim of his policy was to 
break the power of the clergy1 which    
each of his predecessors1 since ,edward1
 had alternately strove to raise and to 
depress1--at first in order to gain that
 potent body to their interests1 and    
then to preserve them in subjection to  
the authority which they had conferred4 
,the clergy had elected ,stephen2 they  
had deposed ,stephen1 and elected       
,matilda2 and in the instruments which  

they used on these occasions they       
affirmed in themselves a general right  
of electing the kings of ,england4      
,their share both in the elevation and  
depression of that prince showed that   
they possessed a power inconsistent with
 the safety and dignity of the state4   
,the immunities which they enjoyed      
seemed no less prejudicial to the civil 
economy1--and the rather1 as1 in the    
confusion of ,stephen's reign1 many1 to 
protect themselves from the prevailing  
violence of the time1 or to sanctify    
their own disorders1 had taken refuge in
 the clerical character4 ,the ,church   
was never so full of scandalous persons1
 who1 being accountable only in the     
ecclesiastical courts1 where no crime is
 punished with death1 were guilty of    
every crime4 ,a priest had about this   
time committed a murder attended with   
very aggravating circumstances4 ,the    
king1 willing at once to restore order  
and to depress the clergy1 laid hold of 
this favorable opportunity to convoke   

the cause to his own court1 when the    
atrociousness of the crime made all men 
look with an evil eye upon the claim of 
any privilege which might prevent the   
severest justice4 ,the nation in general
 seemed but little inclined to          
controvert so useful a regulation with  
so potent a prince4  ,sidenote3 ,a4,d4  
#aafb4  ,amidst this general            
acquiescence one man was found bold     
enough to oppose him1 who for eight     
years together embroiled all his        
affairs1 poisoned his satisfactions1    
endangered his dominions1 and at length 
in his death triumphed over all the     
power and policy of this wise and potent
 monarch4 ,this was ,thomas -,becket1 a 
man memorable for the great glory and   
the bitter reproaches he has met with   
from posterity4 ,this person was the son
 of a respectable citizen of ,london4   
,he was bred to the study of the civil  
and canon law1 the education1 then1 used
 to qualify a man for public affairs1 in
 which he soon made a distinguished     

figure4 ,by the royal favor and his own 
abilities1 he rose1 in a rapid          
succession through several considerable 
employments1 from an office under the   
sheriff of ,london1 to be ,high         
,chancellor of the kingdom4 ,in this    
high post he showed a spirit as         
elevated2 but it was rather a military  
spirit than that of the                 
gownman1--magnificent to excess in his  
living and appearance1 and              
distinguishing himself in the           
tournaments and other martial sports of 
that age with much ostentation of       
courage and expense4 ,the king1 who     
favored him greatly1 and expected a     
suitable return1 on the vacancy1        
destined ,becket1 yet a layman1 to the  
see of ,canterbury1 and hoped to find in
 him a warm promoter of the reformation 
he intended4 ,hardly a priest1 he was   
made the first prelate in the kingdom4  
,but no sooner was he invested with the 
clerical character than the whole tenor 
of his conduct was seen to change all at

 once3 of his pompous retinue a few     
plain servants only remained2 a monastic
 temperance regulated his table2 and his
 life1 in all respects formed to the    
most rigid austerity1 seemed to prepare 
him for that superiority he was resolved
 to assume1 and the conflicts he foresaw
 he must undergo in this attempt4  ,it  
will not be unpleasing to pause a moment
 at this remarkable period1 in order to 
view in what consisted that greatness of
 the clergy1 which enabled them to bear 
so very considerable a sway in all      
public affairs1--what foundations       
supported the weight of so vast a       
power1--whence it had its origin1--what 
was the nature1 and what the ground1 of 
the immunities they claimed1--that we   
may the more fully enter into this      
important controversy1 and may not      
judge1 as some have inconsiderately     
done1 of the affairs of those times by  
ideas taken from the present manners and
 opinions4  ,it is sufficiently known1  
that the first ,christians1 avoiding the

 ,pagan tribunals1 tried most even of   
their civil causes before the bishop1   
who1 though he had no direct coercive   
power1 yet1 wielding the sword of       
excommunication1 had wherewithal to     
enforce the execution of his judgments4 
,thus the bishop had a considerable sway
 in temporal affairs1 even before he was
 owned by the temporal power4 ,but the  
,emperors no sooner became ,christian   
than1 the idea of profaneness being     
removed from the secular tribunals1 the 
causes of the ,christian laity naturally
 passed to that resort where those of   
the generality had been before4 ,but the
 reverence for the bishop still         
remained1 and the remembrance of his    
former jurisdiction4 ,it was not thought
 decent1 that he1 who had been a judge  
in his own court1 should become a suitor
 in the court of another4 ,the body of  
the clergy likewise1 who were supposed  
to have no secular concerns for which   
they could litigate1 and removed by     
their character from all suspicion of   

violence1 were left to be tried by their
 own ecclesiastical superiors4 ,this    
was1 with a little variation1 sometimes 
in extending1 sometimes in restraining  
the bishops' jurisdiction1 the condition
 of things whilst the ,roman ,empire    
subsisted4 ,but though their immunities 
were great and their possessions ample1 
yet1 living under an absolute form of   
government1 they were powerful only by  
influence4 ,no jurisdictions were       
annexed to their lands2 they had no     
place in the senate2 they were no order 
in the state4  ,from the settlement of  
the ,northern nations the clergy must be
 considered in another light4 ,the      
,barbarians gave them large landed      
possessions2 and by giving them land1   
they gave them jurisdiction1 which1     
according to their notions1 was         
inseparable from it4 ,they made them an 
order in the state2 and as all the      
orders had their privileges1 the clergy 
had theirs1 and were no less steady to  
preserve and ambitious to extend them4  

,our ancestors1 having united the       
,church dignities to the secular        
dignities of baronies1 had so blended   
the ecclesiastical with the temporal    
power in the same persons that it became
 almost impossible to separate them4    
,the ecclesiastical was1 however1       
prevalent in this composition1 drew to  
it the other1 supported it1 and was     
supported by it4 ,but it was not the    
devotion only1 but the necessity of the 
tunes1 that raised the clergy to the    
excess of this greatness4 ,the little   
learning which then subsisted remained  
wholly in their hands4 ,few among the   
laity could even read2 consequently the 
clergy alone were proper for public     
affairs4 ,they were the statesmen1 they 
were the lawyers2 from them were often  
taken the bailiffs of the seigneurial   
courts1 sometimes the sheriffs of       
counties1 and almost constantly the     
justiciaries of the kingdom4#gh ,the    
,norman kings1 always jealous of their  
order1 were always forced to employ     

them4 ,in abbeys the law was studied2   
abbeys were the palladiums of the public
 liberty by the custody of the royal    
charters and most of the records4 ,thus1
 necessary to the great by their        
knowledge1 venerable to the poor by     
their hospitality1 dreadful to all by   
the power of excommunication1 the       
character of the clergy was exalted     
above everything in the state2 and it   
could no more be otherwise in those days
 than it is possible it should be so in 
ours4  ,william the ,conqueror made it  
one principal point of his politics to  
reduce the clergy2 but all the steps he 
took in it were not equally well        
calculated to answer this intention4    
,when he subjected the ,church lands to 
military service1 the clergy complained 
bitterly1 as it lessened their revenue3 
but ,i imagine it did not lessen their  
power in proportion2 for by this        
regulation they came1 like other great  
lords1 to have their military vassals1  
who owed them homage and fealty3 and    

this rather increased their             
consideration amongst so martial a      
people4 ,the kings who succeeded him1   
though they also aimed at reducing the  
ecclesiastical power1 never pursued     
their scheme on a great or legislative  
principle4 ,they seemed rather desirous 
of enriching themselves by the abuses in
 the ,church than earnest to correct    
them4 ,one day they plundered and the   
next day they founded monasteries1 as   
their rapaciousness or their scruples   
chanced to predominate2 so that every   
attempt of that kind1 having rather the 
air of tyranny than reformation1 could  
never be heartily approved or seconded  
by the body of the people4   ,the       
bishops must always be considered in the
 double capacity of clerks and barons4  
,their courts1 therefore1 had a double  
jurisdiction3 over the clergy and laity 
of their diocese for the cognizance of  
crimes against ecclesiastical law1 and  
over the vassals of their barony as     
lords paramount4 ,but these two         

departments1 so different in their      
nature1 they frequently confounded1 by  
making use of the spiritual weapon of   
excommunication to enforce the judgments
 of both2 and this sentence1 cutting off
 the party from the common society of   
mankind1 lay equally heavy on all ranks3
 for1 as it deprived the lower sort of  
the fellowship of their equals and the  
protection of their lord1 so it deprived
 the lord of the services of his        
vassals1 whether he or they lay under   
the sentence4 ,this was one of the      
grievances which the king proposed to   
redress4  ,as some sanction of religion 
is mixed with almost every concern of   
civil life1 and as the ecclesiastical   
court took cognizance of all religious  
matters1 it drew to itself not only all 
questions relative to tithes and        
advowsons1 but whatever related to      
marriages1 wills1 the estate of         
intestates1 the breaches of oaths and   
contracts1--in a word1 everything which 
did not touch life or feudal property4  

,the ignorance of the bailiffs in lay   
courts1 who were only possessed of some 
feudal maxims and the traditions of an  
uncertain custom1 made this recourse to 
the spiritual courts the more necessary1
 where they could judge with a little   
more exactness by the lights of the     
canon and civil laws4  ,this            
jurisdiction extended itself by         
connivance1 by necessity1 by custom1 by 
abuse1 over lay persons and affairs4    
,but the immunity of the clergy from lay
 cognizances was claimed1 not only as a 
privilege essential to the dignity of   
their order1 supported by the canons1   
and countenanced by the ,roman law1 but 
as a right confirmed by all the ancient 
laws of ,england4  ,christianity1 coming
 into ,england out of the bosom of the  
,roman ,empire1 brought along with it   
all those ideas of immunity4 ,the first 
trace we can find of this exemption from
 lay jurisdiction in ,england is in the 
laws of ,ethelred2#gi it is more fully  
established in those of ,canute2#hj but 

in the code of ,henry ,i4 it is twice   
distinctly affirmed4#ha ,this immunity  
from the secular jurisdiction1 whilst it
 seemed to encourage acts of violence in
 the clergy towards others1 encouraged  
also the violence of others against     
them4 ,the murder of a clerk could not  
be punished at this time by death2 it   
was against a spiritual person1 an      
offence wholly spiritual1 of which the  
secular courts took no sort of          
cognizance4 ,in the ,saxon times two    
circumstances made such an exemption    
less a cause of jealousy3 the sheriff   
sat with the bishop1 and the spiritual  
jurisdiction was1 if not under the      
control1 at least under the inspection  
of the lay officer2 and then1 as neither
 laity nor clergy were capitally        
punished for any offence1 this privilege
 did not create so invidious and glaring
 a distinction between them4 ,such was  
the power of the clergy1 and such the   
immunities1 which the king proposed to  
diminish4  ,sidenote3 ,a4,d4 #aafd4     

,becket1 who had punished the           
ecclesiastic for his crime by           
ecclesiastical law1 refused to deliver  
him over to the secular judges for      
farther punishment1 on the principle of 
law1 that no man ought to be twice      
questioned for the same offence4 ,the   
king1 provoked at this opposition1      
summoned a council of the barons and    
bishops at ,clarendon2 and here1 amongst
 others of less moment1 the following   
were unanimously declared to be the     
ancient prerogatives of the crown4 ,and 
it is something remarkable1 and         
certainly makes much for the honor of   
their moderation1 that the bishops and  
abbots who must have composed so large  
and weighty a part of the great council 
seem not only to have made no opposition
 to regulations which so remarkably     
contracted their jurisdiction1 but even 
seem to have forwarded them4  #ast4 ,a  
clerk accused of any crime shall appear 
in the king's court1 that it may be     
judged whether he belongs to            

ecclesiastical or secular cognizance4   
,if to the former1 a deputy shall go    
into the bishop's court to observe the  
trial2 if the clerk be convicted1 he    
shall be delivered over to the king's   
justiciary to be punished4  #bnd4 ,all  
causes concerning presentation1 all     
causes concerning ,frankalmoign1 all    
actions concerning breach of faith1     
shall be tried in the king's court4     
#crd4 ,the king's tenant in capite shall
 not be excommunicated without the      
king's license4  #dth4 ,no clerk shall  
go out of the kingdom without giving    
security that he will do nothing to the 
prejudice of the king or nation4 ,and   
all appeals shall be tried at home4     
,these are the most material of the     
,constitutions or ,assizes of           
,clarendon1 famous for having been the  
first legal check given to the power of 
the clergy in ,england4 ,to give these  
constitutions the greater weight1 it was
 thought proper that they should be     
confirmed by a bull from the ,pope4 ,by 

this step the king seemed to doubt the  
entireness of his own authority in his  
dominions2 and by calling in foreign aid
 when it served his purpose1 he gave it 
a force and a sort of legal sanction    
when it came to be employed against     
himself4 ,but as no negotiation had     
prepared the ,pope in favor of laws     
designed in reality to abridge his own  
power1 it was no wonder that he rejected
 them with indignation4 ,becket1 who had
 not been prevailed on to accept them   
but with infinite reluctance1 was no    
sooner apprised of the ,pope's          
disapprobation than he openly declared  
his own2 he did penance in the humblest 
manner for his former acquiescence1 and 
resolved to make amends for it by       
opposing the new constitutions with the 
utmost zeal4 ,in this disposition the   
king saw that the ,archbishop might be  
more easily ruined than humbled1 and his
 ruin was resolved4 ,immediately a      
number of suits1 on various pretences1  
were commenced against him1 in every one

 of which he was sure to be foiled2 but 
these making no deadly blow at his      
fortunes1 he was called to account for  
thirty thousand pounds which he was     
accused of having embezzled during his  
chancellorship4 ,it was in vain that he 
pleaded a full acquittance from the     
king's son1 and ,richard de ,lucy1 the  
guardian and justiciary of the kingdom1 
on his resignation of the seals2 he saw 
it was already determined against him4  
,far from yielding under these repeated 
blows1 he raised still higher the       
ecclesiastical pretensions1 now become  
necessary to his own protection4 ,he    
refused to answer to the charge1 and    
appealed to the ,pope1 to whom alone he 
seemed to acknowledge any real          
subjection4 ,a great ferment ensued on  
this appeal4 ,the courtiers advised that
 he should be thrown into prison1 and   
that his temporalities should be seized4
 ,the bishops1 willing to reduce ,becket
 without reducing their own order1      
proposed to accuse him before the ,pope1

 and to pursue him to degradation4 ,some
 of his friends pressed him to give up  
his cause2 others urged him to resign   
his dignity4 ,the king's servants threw 
out menaces against his life4 ,amidst   
this general confusion of passions and  
councils1 whilst every one according to 
his interests expected the event with   
much anxiety1 ,becket1 in the disguise  
of a monk1 escaped out of the nation1   
and threw himself into the arms of the  
,king of ,france4  ,henry was greatly   
alarmed at this secession1 which put the
 ,archbishop out of his power1 but left 
him in full possession of all his       
ecclesiastical weapons4 ,an embassy was 
immediately dispatched to ,rome1 in     
order to accuse ,becket2 but as ,becket 
pleaded the ,pope's own cause before the
 ,pope himself1 he obtained an easy     
victory over the king's ambassadors4    
,henry1 on the other hand1 took every   
measure to maintain his authority3 he   
did everything worthy of an able        
politician1 and of a king tenacious of  

his just authority4 ,he likewise took   
measures not only to humble ,becket1 but
 also to lower that chair whose         
exaltation had an ill influence on the  
throne3 for he encouraged the ,bishop of
 ,london to revive a claim to the       
primacy2 and thus1 by making the rights 
of the see at least dubious1 he hoped to
 render future prelates more cautious in
 the exercise of them4 ,he inhibited1   
under the penalty of high treason1 all  
ecclesiastics from going out of his     
dominions without license1 or any       
emissary of the ,pope's or ,archbishop's
 from entering them with letters of     
excommunication or interdict4 ,and that 
he might not supply arms against        
himself1 the ,peter-pence were collected
 with the former care1 but detained in  
the royal treasury1 that matter might be
 left to ,rome both for hope and fear4  
,in the personal treatment of ,becket   
all the proceedings were full of anger1 
and by an unnecessary and unjust        
severity greatly discredited both the   

cause and character of the king2 for he 
stripped of their goods and banished all
 the ,archbishop's kindred1 all who were
 in any sort connected with him1 without
 the least regard to sex1 age1 or       
condition4 ,in the mean time1 ,becket1  
stung with these affronts1 impatient of 
his banishment1 and burning with all the
 fury and the same zeal which had       
occasioned it1 continually threatened   
the king with the last exertions of     
ecclesiastical power2 and all things    
were thereby1 and by the absence and    
enmity of the head of the ,english      
,church1 kept in great confusion4       
,during this unhappy contention several 
treaties were set on foot2 but the      
disposition of all the parties who      
interested themselves in this quarrel   
very much protracted a determination in 
favor of either side4 ,with regard to   
,rome1 the then ,pope was ,alexander the
 ,third1 one of the wisest prelates who 
had ever governed that see1 and the most
 zealous for extending its authority4   

,however1 though incessantly solicited  
by ,becket to excommunicate the king and
 to lay the kingdom under an interdict1 
he was unwilling to keep pace with the  
violence of that enraged bishop4        
,becket's view was single2 but the ,pope
 had many things to consider3 an        
,antipope then subsisted1 who was       
strongly supported by the ,emperor2 and 
,henry had actually entered into a      
negotiation with this ,emperor and this 
pretended ,pope4 ,on the other hand1 the
 king knew that the lower sort of people
 in ,england were generally affected to 
the ,archbishop1 and much under the     
influence of the clergy4 ,he was        
therefore fearful to drive the ,pope to 
extremities by wholly renouncing his    
authority4 ,these dispositions in the   
two principal powers made way for       
several conferences leading to peace4   
,but for a long time all their endeavors
 seemed rather to inflame than to allay 
the quarrel4 ,whilst the king1 steady in
 asserting his rights1 remembered with  

bitterness the ,archbishop's opposition1
 and whilst the ,archbishop maintained  
the claims of the ,church with an       
haughtiness natural to him1 and which   
was only augmented by his sufferings1   
the ,king of ,france appeared sometimes 
to forward1 sometimes to perplex the    
negotiation3 and this duplicity seemed  
to be dictated by the situation of his  
affairs4 ,he was desirous of nourishing 
a quarrel which put so redoubted a      
vassal on the defensive2 but he was also
 justly fearful of driving so powerful a
 prince to forget that he was a vassal4 
,all parties1 however1 wearied at length
 with a contest by which all were       
distracted1 and which in its issue      
promised nothing favorable to any of    
them1 yielded at length to an           
accommodation1 founded rather on an     
oblivion and silence of past disputes   
than on the settlement of terms for     
preserving future tranquillity4 ,becket 
returned in a sort of triumph to his    
see4 ,many of the dignified clergy1 and 

not a few of the barons1 lay under      
excommunication for the share they had  
in his persecution2 but1 neither broken 
by adversity nor softened by good       
fortune1 he relented nothing of his     
severity1 but referred them all for     
their absolution to the ,pope4 ,their   
resentments were revived with additional
 bitterness2 new affronts were offered  
to the ,archbishop1 which brought on new
 excommunications and interdicts4 ,the  
contention thickened on all sides1 and  
things seemed running precipitately to  
the former dangerous extremities1 when  
the account of these contests was       
brought1 with much aggravation against  
,becket1 to the ears of the king1 then  
in ,normandy1 who1 foreseeing a new     
series of troubles1 broke out in a      
violent passion of grief and anger1--,i 
have no friends1 or ,i had not so long  
been insulted by this haughty priest6   
,four knights who attended near his     
person1 thinking that the complaints of 
a king are orders for revenge1 and      

hoping a reward equal to the importance 
and even guilt of the service1 silently 
departed2 and passing with great        
diligence into ,england1 in a short time
 they arrived at ,canterbury4 ,they     
entered the cathedral2 they fell on the 
,archbishop1 just on the point of       
celebrating divine service1 and with    
repeated blows of their clubs they beat 
him to the ground1 they broke his skull 
in pieces1 and covered the altar with   
his blood and brains4  ,sidenote3 ,a4,d4
 #aaga4  ,the horror of this barbarous  
action1 increased by the sacredness of  
the person who suffered and of the place
 where it was committed1 diffused itself
 on all sides with incredible rapidity4 
,the clergy1 in whose cause he fell1    
equalled him to the most holy martyrs2  
compassion for his fate made all men    
forget his faults2 and the report of    
frequent miracles at his tomb sanctified
 his cause and character1 and threw a   
general odium on the king4 ,what became 
of the murderers is uncertain3 they were

 neither protected by the king nor      
punished by the laws1 for the reason we 
have not long since mentioned4 ,the king
 with infinite difficulty extricated    
himself from the consequences of this   
murder1 which threatened1 under the     
,papal banners1 to arm all ,europe      
against him2 nor was he absolved1 but by
 renouncing the most material parts of  
the ,constitutions of ,clarendon1 by    
purging himself upon oath of the murder 
of ,becket1 by doing a very humiliating 
penance at his tomb to expiate the rash 
words which had given occasion to his   
death1 and by engaging to furnish a     
large sum of money for the relief of the
 ,holy ,land1 and taking the cross      
himself as soon as his affairs should   
admit it4 ,the king probably thought his
 freedom from the haughtiness of ,becket
 cheaply purchased by these             
condescensions3 and without question1   
though ,becket might have been          
justifiable1 perhaps even laudable1 for 
his steady maintenance of the privileges

 which his ,church and his order had    
acquired by the care of his             
predecessors1 and of which he by his    
place was the depository1 yet the       
principles upon which he supported these
 privileges1 subversive of all good     
government1 his extravagant ideas of    
,church power1 the schemes he meditated1
 even to his death1 to extend it yet    
further1 his violent and unreserved     
attachment to the ,papacy1 and that     
inflexible spirit which all his virtues 
rendered but the more dangerous1 made   
his death as advantageous1 at that time1
 as the means by which it was effected  
were sacrilegious and detestable4       
,between the death of ,becket and the   
king's absolution he resolved on the    
execution of a design by which he       
reduced under his dominion a country not
 more separated from the rest of ,europe
 by its situation than by the laws1     
customs1 and way of life of the         
inhabitants3 for the people of ,ireland1
 with no difference but that of         

religion1 still retained the native     
manners of the original ,celts4 ,the    
king had meditated this design from the 
very beginning of his reign1 and had    
obtained a bull from the then ,pope1    
,adrian the fourth1 an ,englishman1 to  
authorize the attempt4 ,he well knew1   
from the internal weakness and          
advantageous situation of this noble    
island1 the easiness and importance of  
such a conquest4 ,but at this particular
 time he was strongly urged to his      
engaging personally in the enterprise by
 two other powerful motives4 ,for1      
first1 the murder of ,becket had bred   
very ill humors in his subjects1 the    
chiefs of whom1 always impatient of a   
long peace1 were glad of any pretence   
for rebellion2 it was therefore         
expedient1 and serviceable to the crown1
 to find an employment abroad for this  
spirit1 which could not exert itself    
without being destructive at home4 ,and 
next1 as he had obtained the grant of   
,ireland from the ,pope1 upon condition 

of subjecting it to ,peter-pence1 he    
knew that the speedy performance of this
 condition would greatly facilitate his 
recovering the good graces of the court 
of ,rome4 ,before we give a short       
narrative of the reduction of ,ireland1 
,i propose to lay open to the reader the
 state of that kingdom1 that we may see 
what grounds ,henry had to hope for     
success in this expedition4  ,ireland is
 about half as large as ,england4 ,in   
the temperature of the climate there is 
little difference1 other than that more 
rain falls2 as the country is more      
mountainous1 and exposed full to the    
westerly wind1 which1 blowing from the  
,atlantic ,ocean1 prevails during the   
greater part of the year4 ,this         
moisture1 as it has enriched the country
 with large and frequent rivers1 and    
spread out a number of fair and         
magnificent lakes beyond the proportion 
of other places1 has on the other hand  
incumbered the island with an uncommon  
multitude of bogs and morasses2 so that 

in general it is less praised for corn  
than pasturage1 in which no soil is more
 rich and luxuriant4 ,whilst it         
possesses these internal means of       
wealth1 it opens on all sides a great   
number of ports1 spacious and secure1   
and by their advantageous situation     
inviting to universal commerce4 ,but on 
these ports1 better known than those of 
,britain in the time of the ,romans1 at 
this time there were few towns1 scarce  
any fortifications1 and no trade that   
deserves to be mentioned4  ,the people  
of ,ireland lay claim to a very         
extravagant antiquity1 through a vanity 
common to all nations4 ,the accounts    
which are given by their ancient        
chronicles of their first settlements   
are generally tales confuted by their   
own absurdity4 ,the settlement of the   
greatest consequence1 the best          
authenticated1 and from which the ,irish
 deduce the pedigree of the best        
families1 is derived from ,spain3 it was
 called ,clan ,milea1 or the descendants

 of ,milesius1 and ,kin ,scuit1 or the  
race of ,scyths1 afterwards known by the
 name of ,scots4 ,the ,irish historians 
suppose this race descended from a      
person called ,gathel1 a ,scythian by   
birth1 an ,egyptian by education1 the   
contemporary and friend of the prophet  
,moses4 ,but these histories1 seeming   
clear-sighted in the obscure affairs of 
so blind an antiquity1 instead of       
passing for treasuries of ancient facts1
 are regarded by the judicious as modern
 fictions4 ,in cases of this sort       
rational conjectures are more to be     
relied on than improbable relations4 ,it
 is most probable that ,ireland was     
first peopled from ,britain4 ,the coasts
 of these countries are in some places  
in sight of each other4 ,the language1  
the manners1 and religion of the most   
ancient inhabitants of both are nearly  
the same4 ,the ,milesian colony1        
whenever it arrived in ,ireland1 could  
have made no great change in the manners
 or language2 as the ancient ,spaniards 

were a branch of the ,celt1 as well as  
the old inhabitants of ,ireland4 ,the   
,irish language is not different from   
that of all other nations1 as ,temple   
and ,rapin1 from ignorance of it1 have  
asserted2 on the contrary1 many of its  
words bear a remarkable resemblance not 
only to those of the ,welsh and         
,armoric1 but also to the ,greek and    
,latin4 ,neither is the figure of the   
letters very different from the vulgar  
character1 though their order is not the
 same with that of other nations1 nor   
the names1 which are taken from the     
,irish proper names of several species  
of trees3 a circumstance which1         
notwithstanding their similitude to the 
,roman letters1 argues a different      
original and great antiquity4 ,the      
,druid discipline anciently flourished  
in that island4 ,in the fourth century  
it fell down before the preaching of    
,st4 ,patrick4 ,then the ,christian     
religion was embraced and cultivated    
with an uncommon zeal1 which displayed  

itself in the number and consequence of 
the persons who in all parts embraced   
the contemplative life4 ,this mode of   
life1 and the situation of ,ireland1    
removed from the horror of those        
devastations which shook the rest of    
,europe1 made it a refuge for learning1 
almost extinguished everywhere else4    
,science flourished in ,ireland during  
the seventh and eighth centuries4 ,the  
same cause which destroyed it in other  
countries also destroyed it there4 ,the 
,danes1 then pagans1 made themselves    
masters of the island1 after a long and 
wasteful war1 in which they destroyed   
the sciences along with the monasteries 
in which they were cultivated4 ,by as   
destructive a war they were at length   
expelled2 but neither their ancient     
science nor repose returned to the      
,irish1 who1 falling into domestic      
distractions as soon as they were freed 
from their foreign enemies1 sunk quickly
 into a state of ignorance1 poverty1 and
 barbarism1 which must have been very   

great1 since it exceeded that of the    
rest of ,europe4 ,the disorders in the  
,church were equal to those in the civil
 economy1 and furnished to the ,pope a  
plausible pretext for giving ,henry a   
commission to conquer the kingdom1 in   
order to reform it4  ,the ,irish were   
divided into a number of tribes or      
clans1 each clan forming within itself a
 separate government4 ,it was ordered by
 a chief1 who was not raised to that    
dignity either by election or by the    
ordinary course of descent1 but as the  
eldest and worthiest of the blood of the
 deceased lord4 ,this order of          
succession1 called ,tanistry1 was said  
to have been invented in the ,danish    
troubles1 lest the tribe1 during a      
minority1 should have been endangered   
for want of a sufficient leader4 ,it was
 probably much more ancient3 but it was1
 however1 attended with very great and  
pernicious inconveniencies1 as it was   
obviously an affair of difficulty to    
determine who should be called the      

worthiest of the blood2 and a door being
 always left open for ambition1 this    
order introduced a greater mischief than
 it was intended to remedy4 ,almost     
every tribe1 besides its contention with
 the neighboring tribes1 nourished      
faction and discontent within itself4   
,the chiefs we speak of were in general 
called ,tierna1 or ,lords1 and those of 
more consideration ,riagh1 or ,kings4   
,over these were placed five kings more 
eminent than the rest1 answerable to the
 five provinces into which the island   
was anciently divided4 ,these again were
 subordinate to one head1 who was called
 ,monarch of all ,ireland1 raised to    
that power by election1 or1 more        
properly speaking1 by violence4  ,whilst
 the dignities of the state were        
disposed of by a sort of election1 the  
office of judges1 who were called       
,brehons1 the trades of mechanics1 and  
even those arts which we are apt to     
consider as depending principally on    
natural genius1 such as poetry and      

music1 were confined in succession to   
certain races3 the ,irish imagining that
 greater advantages were to be derived  
from an early institution1 and the      
affection of parents desirous of        
perpetuating the secrets of their art in
 their families1 than from the casual   
efforts of particular fancy and         
application4 ,this is much in the strain
 of the ,eastern policy2 but these and  
many other of the ,irish institutions1  
well enough calculated to preserve good 
arts and useful discipline1 when these  
arts came to degenerate1 were equally   
well calculated to prevent all          
improvement and to perpetuate           
corruption1 by infusing an invincible   
tenaciousness of ancient customs4  ,the 
people of ,ireland were much more       
addicted to pasturage than agriculture1 
not more from the quality of their soil 
than from a remnant of the ,scythian    
manners4 ,they had but few towns1 and   
those not fortified1 each clan living   
dispersed over its own territory4 ,the  

few walled towns they had lay on the    
sea-coast2 they were built by the       
,danes1 and held after they had lost    
their conquests in the inland parts3    
here was carried on the little foreign  
trade which the island then possessed4  
,the ,irish militia was of two kinds3   
one called kerns1 which were foot1      
slightly armed with a long knife or     
dagger1 and almost naked2 the other1    
galloglasses1 who were horse1 poorly    
mounted1 and generally armed only with a
 battle-axe4 ,neither horse nor foot    
made much use of the spear1 the sword1  
or the bow4 ,with indifferent arms1 they
 had still worse discipline4 ,in these  
circumstances1 their natural bravery1   
which1 though considerable1 was not     
superior to that of their invaders1     
stood them in little stead4  ,sidenote3 
,a4,d4 #aafg4  ,such was the situation  
of things in ,ireland1 when ,dermot1    
,king of ,leinster1 having violently    
carried away the wife of one of the     
neighboring petty sovereigns1 ,roderic1 

,king of ,connaught and ,monarch of     
,ireland1 joined with the injured       
husband to punish so flagrant an        
outrage1 and with their united forces   
spoiled ,dermot of his territories1 and 
obliged him to abandon the kingdom4 ,the
 fugitive prince1 not unapprised of     
,henry's designs upon his country1 threw
 himself at his feet1 implored his      
protection1 and promised to hold of him1
 as his feudatory1 the sovereignty he   
should recover by his assistance4 ,henry
 was at this time at ,guienne4 ,nothing 
could be more agreeable to him than such
 an incident2 but as his ,french        
dominions actually lay under an         
interdict1 on account of his quarrel    
with ,becket1 and all his affairs1 both 
at home and abroad1 were in a troubled  
and dubious situation1 it was not       
prudent to remove his person1 nor       
venture any considerable body of his    
forces on a distant enterprise4 ,yet not
 willing to lose so favorable an        
opportunity1 he warmly recommended the  

cause of ,dermot to his regency in      
,england1 permitting and encouraging all
 persons to arm in his favor3 a         
permission1 in this age of enterprise1  
greedily accepted by many2 but the      
person who brought the most assistance  
to it1 and indeed gave a form and spirit
 to the whole design1 was ,richard1     
,earl of ,strigul1 commonly known by the
 name of ,strongbow4 ,dermot1 to confirm
 in his interest this potent and warlike
 peer1 promised him his daughter in     
marriage1 with the reversion of his     
crown4  ,sidenote3 ,a4,d4 #aafi4        
,sidenote3 ,a4,d4 #aaga4  ,the          
beginnings of so great an enterprise    
were formed with a very slender force4  
,not four hundred men landed near       
,wexford3 they took the town by storm4  
,when reinforced1 they did not exceed   
twelve hundred2 but1 being joined with  
three thousand men by ,dermot1 with an  
incredible rapidity of success they     
reduced ,waterford1 ,dublin1 ,limerick1 
the only considerable cities in         

,ireland4 ,by the novelty of their arms 
they had obtained some striking         
advantages in their first engagements2  
and by these advantages they attained a 
superiority of opinion over the ,irish1 
which every success ,increased4 ,before 
the effect of this first impression had 
time to wear off1 ,henry1 having settled
 his affairs abroad1 entered the harbor 
of ,cork with a fleet of four hundred   
sail1 at once to secure the conquest1   
and the allegiance of the conquerors4   
,the fame of so great a force arriving  
under a prince dreaded by all ,europe   
very soon disposed all the petty        
princes1 with their ,king ,roderic1 to  
submit and do homage to ,henry4 ,they   
had not been able to resist the arms of 
his vassals1 and they hoped better      
treatment from submitting to the        
ambition of a great king1 who left them 
everything but the honor of their       
independency1 than from the avarice of  
adventurers1 from which nothing was     
secure4 ,the bishops and the body of the

 clergy greatly contributed to this     
submission1 from respect to the ,pope1  
and the horror of their late defeats1   
which they began to regard as judgments4
 ,a national council was held at ,cashel
 for bringing the ,church of ,ireland to
 a perfect conformity in rites and      
discipline to that of ,england4 ,it is  
not to be thought that in this council  
the temporal interests of ,england were 
entirely forgotten4 ,many of the        
,english were established in their      
particular conquests under the tenure of
 knights' service1 now first introduced 
into ,ireland3 a tenure which1 if it has
 not proved the best calculated to      
secure the obedience of the vassal to   
the sovereign1 has never failed in any  
instance of preserving a vanquished     
people in obedience to the conquerors4  
,the ,english lords built strong castles
 on their demesnes2 they put themselves 
at the head of the tribes whose chiefs  
they had slain2 they assumed the ,irish 
garb and manners2 and thus1 partly by   

force1 partly by policy1 the first      
,english families took a firm root in   
,ireland4 ,it was1 indeed1 long before  
they were able entirely to subdue the   
island to the laws of ,england2 but the 
continual efforts of the ,irish for more
 than four hundred years proved         
insufficient to dislodge them4  ,whilst 
,henry was extending his conquests to   
the western limits of the known world1  
the whole fabric of his power was       
privately sapped and undermined1 and    
ready to overwhelm him with the ruins1  
in the very moment when he seemed to be 
arrived at the highest and most         
permanent point of grandeur and glory4  
,his excessive power1 his continual     
accessions to it1 and an ambition which 
by words and actions declared that the  
whole world was not sufficient for a    
great man1 struck a just terror into all
 the potentates near him3 he was1       
indeed1 arrived at that pitch of        
greatness1 that the means of his ruin   
could only be found in his own family4  

,a numerous offspring1 which is         
generally considered as the best defence
 of the throne1 and the support as well 
as ornament of declining royalty1 proved
 on this occasion the principal part of 
the danger4 ,henry had in his lawful    
bed1 besides daughters1 four sons1      
,henry1 ,richard1 ,geoffrey1 and ,john1 
all growing up with great hopes from    
their early courage and love of glory4  
,no father was ever more delighted with 
these hopes1 nor more tender and        
indulgent to his children4 ,a custom had
 long prevailed in ,france for the      
reigning king to crown his eldest son in
 his lifetime4 ,by this policy1 in      
turbulent times1 and whilst the         
principles of succession were unsettled1
 he secured the crown to his posterity4 
,henry gladly imitated a policy enforced
 no less by paternal affection than its 
utility to public peace4 ,he had1 during
 his troubles with ,becket1 crowned his 
son ,henry1 then no more than sixteen   
years old4 ,but the young king1 even on 

the day of his coronation1 discovered an
 haughtiness which threatened not to    
content itself with the share of        
authority to which the inexperience of  
his youth and the nature of a           
provisional crown confined him4 ,the    
name of a king continually reminded him 
that he only possessed the name4 ,the   
,king of ,france1 whose daughter he had 
espoused1 fomented a discontent which   
grew with his years4 ,geoffrey1 who had 
married the heiress of ,bretagne1 on the
 death of her father claimed to no      
purpose the entire sovereignty of his   
wife's inheritance1 which ,henry1 under 
a pretence of guardianship to a son of  
full age1 still retained in his hands4  
,richard had not the same plausible     
pretences1 but he had yet greater       
ambition4 ,he contended for the ,duchy  
of ,guienne before his mother's death1  
which1 alone could give him the color of
 a title to it4 ,the queen1 his mother1 
hurried on by her own unquiet spirit1   
or1 as some think1 stimulated by        

jealousy1 encouraged their rebellion    
against her husband4 ,the ,king of      
,france1 who moved all the other        
engines1 engaged the ,king of ,scotland1
 the ,earl of ,flanders1 then a powerful
 prince1 the ,earl of ,blois1 and the   
,earl of ,boulogne in the conspiracy4   
,the barons in ,bretagne1 in ,guienne1  
and even in ,england1 were ready to take
 up arms in the same cause2 whether it  
was that they perceived the uniform plan
 the king had pursued in order to their 
reduction1 or were solely instigated by 
the natural fierceness and levity of    
their minds1 fond of every dangerous    
novelty4 ,the historians of that time   
seldom afford us a tolerable insight    
into the causes of the transactions they
 relate2 but whatever were the causes of
 so extraordinary a conspiracy1 it was  
not discovered until the moment it was  
ready for execution4 ,the first token of
 it appeared in the young king's demand 
to have either ,england or ,normandy    
given up to him4 ,the refusal of this   

demand served as a signal to all parties
 to put themselves in motion4 ,the      
younger ,henry fled into ,france2 ,louis
 entered ,normandy with a vast army2 the
 barons of ,bretagne under ,geoffrey1   
and those of ,guienne under ,richard1   
rose in arms2 the ,king of ,scotland    
pierced into ,england2 and the ,earl of 
,leicester1 at the head of fourteen     
thousand ,flemings1 landed in ,suffolk4 
,sidenote3 ,a4,d4 #aagc  ,sidenote3     
,a4,d4 #aagd  ,it was on this trying    
occasion that ,henry displayed a        
greatness independent of all fortune4   
,for1 beset by all the neighboring      
powers1 opposed by his own children1    
betrayed by his wife1 abandoned by one  
part of his subjects1 uncertain of the  
rest1 every part of his state rotten and
 suspicious1 his magnanimity grew       
beneath the danger2 and when all the    
ordinary resources failed1 he found     
superior resources in his own courage1  
wisdom1 and activity4 ,there were at    
that time dispersed over ,europe bodies 

of mercenary troops1 called ,brabanons1 
composed of fugitives from different    
nations1 men who were detached from any 
country1 and who1 by making war a       
perpetual trade1 and passing from       
service to service1 had acquired an     
experience and military knowledge       
uncommon in those days4 ,henry took     
twenty thousand of these mercenaries    
into his service1 and1 as he paid them  
punctually1 and kept them always in     
action1 they served him with fidelity4  
,the ,papal authority1 so often         
subservient1 so often prejudicial to his
 designs1 he called to his assistance in
 a cause which did not misbecome        
it1--the cause of a father attacked by  
his children4 ,this took off the ill    
impression left by ,becket's death1 and 
kept the bishops firm in their          
allegiance4 ,having taken his measures  
with judgment1 he pursued the war in    
,normandy with vigor4 ,in this war his  
mercenaries had a great and visible     
advantage over the feudal armies of     

,france3 the latter1 not so useful while
 they remained in the field1 entered it 
late in the summer1 and commonly left it
 in forty days4 ,the ,king of ,france   
was forced to raise the siege of        
,verneuil1 to evacuate ,normandy1 and   
agree to a truce4 ,then1 at the head of 
his victorious ,brabanons1 ,henry       
marched into ,brittany with an          
incredible expedition4 ,the rebellious  
army1 astonished as much by the celerity
 of his march as the fury of his attack1
 was totally routed4 ,the principal     
towns and castles were reduced soon     
after4 ,the custody of the conquered    
country being lodged in faithful hands1 
he flew to the relief of ,england4      
,there his natural son ,geoffrey1       
,bishop elect of ,ely1 faithful during  
the rebellion of all his legitimate     
offspring1 steadily maintained his      
cause1 though with forces much inferior 
to his zeal4 ,the king1 before he       
entered into action1 thought it         
expedient to perform his expiation at   

the tomb of ,becket4 ,hardly had he     
finished this ceremony1 when the news   
arrived that the ,scotch army was       
totally defeated1 and their king made   
prisoner4 ,this victory was universally 
attributed to the prayers of ,becket2   
and whilst it established the credit of 
the new saint1 it established ,henry in 
the minds of his people3 they no longer 
looked upon their king as an object of  
the ,divine vengeance1 but as a penitent
 reconciled to ,heaven1 and under the   
special protection of the martyr he had 
made4 ,the ,flemish army1 after several 
severe checks1 capitulated to evacuate  
the kingdom4 ,the rebellious barons     
submitted soon after4 ,all was quiet in 
,england2 but the ,king of ,france      
renewed hostilities in ,normandy1 and   
laid siege to ,rouen4 ,henry recruited  
his army with a body of auxiliary       
,welsh1 arrived at ,rouen with his usual
 expedition1 raised the siege1 and drove
 the ,king of ,france quite out of      
,normandy4 ,it was then that he agreed  

to an accommodation1 and in the terms of
 peace1 which he dictated in the midst  
of victory to his sons1 his subjects1   
and his enemies1 there was seen on one  
hand the tenderness of a father1 and on 
the other the moderation of a wise man1 
not insensible of the mutability of     
fortune4  ,sidenote3 ,a4,d4 #aagf  ,the 
war which threatened his ruin being so  
happily ended1 the greatness of the     
danger served only to enhance his glory2
 whilst he saw the ,king of ,france     
humbled1 the ,flemings defeated1 the    
,king of ,scotland a prisoner1 and his  
sons and subjects reduced to the bounds 
of their duty4 ,he employed this        
interval of peace to secure its         
continuance1 and to prevent a return of 
the like evils2 for which reason he made
 many reforms in the laws and polity of 
his dominions4 ,he instituted itinerant 
justices1 to weaken the power of the    
great barons1 and even of the sheriffs1 
who were hardly more obedient1--an      
institution which1 with great public    

advantages1 has remained to our times4  
,in the spirit of the same policy he    
armed the whole body of the people3 the 
,english commonalty had been in a manner
 disarmed ever since the ,conquest4 ,in 
this regulation we may probably trace   
the origin of the militia1 which1 being 
under the orders of the crown rather in 
a political than a feudal respect1 were 
judged more to be relied on than the    
soldiers of tenure1 to whose pride and  
power they might prove a sort of        
counterpoise4 ,amidst these changes the 
affairs of the clergy remained          
untouched4 ,the king had experienced how
 dangerous it was to attempt removing   
foundations so deeply laid both in      
strength and opinion4 ,he therefore     
wisely aimed at acquiring the favor of  
that body1 and turning to his own       
advantage a power he should in vain     
attempt to overthrow1 but which he might
 set up against another power1 which it 
was equally his interest to reduce4     
,though these measures were taken with  

the greatest judgment1 and seemed to    
promise a peaceful evening to his reign1
 the seeds of rebellion remained still  
at home1 and the dispositions that      
nourished them were rather increased    
abroad4 ,the parental authority1        
respectable at all times1 ought to have 
the greatest force in times when the    
manners are rude and the laws imperfect4
 ,at that time ,europe had not emerged  
out of barbarism1 yet this great natural
 bond of society was extremely weak4    
,the number of foreign obligations and  
duties almost dissolved the family      
obligations4 ,from the moment a young   
man was knighted1 so far as related to  
his father1 he became absolute master of
 his own conduct2 but he contracted at  
the same time a sort of filial relation 
with the person who had knighted him4   
,these various principles of duty       
distracted one another4 ,the custom     
which then prevailed1 of bestowing lands
 and jurisdictions1 under the name of   
,appanages1 to the sons of kings and the

 greater nobility1 gave them a power    
which was frequently employed against   
the giver2 and the military and         
licentious manners of the age almost    
destroyed every trace of every kind of  
regular authority4 ,in the ,east1 where 
the rivalship of brothers is so         
dangerous1 such is the force of paternal
 power amongst a rude people1 we scarce 
ever hear of a son in arms against his  
father4 ,in ,europe1 for several ages1  
it was very common4 ,it was ,henry's    
great misfortune to suffer in a         
particular manner from this disorder4   
,sidenote3 ,a4,d4 #aahj4  ,sidenote3    
,a4,d4 #aahc4  ,sidenote3 ,a4,d4 #aahh4 
,sidenote3 ,a4,d4 #aahi4  ,philip       
succeeded ,louis1 ,king of ,france4 ,he 
followed closely the plan of his        
predecessor1 to reduce the great        
vassals1 and the ,king of ,england1 who 
was the greatest of them2 but he        
followed it with far more skill and     
vigor1 though he made use of the same   
instruments in the work4 ,he revived the

 spirit of rebellion in the princes1    
,henry's sons4 ,these young princes were
 never in harmony with each other but in
 a confederacy against their father1 and
 the father had no recourse but in the  
melancholy safety derived from the      
disunion of his children4 ,this he      
thought it expedient to increase2 but   
such policy1 when discovered1 has always
 a dangerous effect4 ,the sons1 having  
just quarrelled enough to give room for 
an explanation of each other's designs1 
and to display those of their father1   
enter into a new conspiracy4 ,in the    
midst of these motions the young king   
dies1 and showed at his death such signs
 of a sincere repentance as served to   
revive the old king's tenderness1 and to
 take away all comfort for his loss4    
,the death of his third son1 ,geoffrey1 
followed close upon the heels of this   
funeral4 ,he died at ,paris1 whither he 
had gone to concert measures against his
 father4 ,richard and ,john remained4   
,richard1 fiery1 restless1 ambitious1   

openly took up arms1 and pursued the war
 with implacable rancor1 and such       
success as drove the king1 in the       
decline of his life1 to a dishonorable  
treaty2 nor was he then content1 but    
excited new troubles4 ,john was his     
youngest and favorite child2 in him he  
reposed all his hopes1 and consoled     
himself for the undutifulness of his    
other sons2 but after concluding the    
treaty with the ,king of ,france and    
,richard1 he found too soon that ,john  
had been as deep as any in the          
conspiracy4 ,this was his last wound3   
afflicted by his children in their      
deaths and harassed in their lives1     
mortified as a father and a king1 worn  
down with cares and sorrows more than   
with years1 he died1 cursing his        
fortune1 his children1 and the hour of  
his birth4 ,when he perceived that death
 approached him1 by his own desire he   
was carried into a church and laid at   
the altar's foot4 ,hardly had he        
expired1 when he was stripped1 then     

forsaken by his attendants1 and left a  
long time a naked and unheeded body in  
an empty church3 affording a just       
consolation for the obscurity of a mean 
fortune1 and an instructive lesson how  
little an outward greatness and         
enjoyments foreign to the mind          
contribute towards a solid felicity1 in 
the example of one who was the greatest 
of kings and the unhappiest of mankind4 
,,footnotes3  #gh ,seld4 ,tithes1 p4    
#dhb4  #gi ,,ll4 ,ethelred4 ,si         
presbyter homicida fieret1 c4  #hj ,,ll4
 ,cnuti1 #ch1 ,de ,ministro ,altaris    
,homicida4 ,idem1 #dj1 ,de ,ordinato    
,capitis reo4  #ha ,,ll4 ,h4,i4 #eg1 ,de
 ,querela ,vicinorum2 and #ef #ff84 ,de 
,ordinato qui ,vitam forisfaciat1 in    
,fd4 ,alured4 et ,guthurn41 apud ,spel4 
,concil4 #cgf1 #ast vol42 ,,ll4 ,edw4 et
 ,guthurn41 #c1 ,de ,correctione        
,ordinatorum4     ,,chapter ,,vii4      
,,reign ,,of ,,richard ,i4   ,sidenote3 
,richard ,i4 ,a4,d4 #aahi  ,whilst      
,henry lived1 the ,king of ,france had  

always an effectual means of breaking   
his power by the divisions in his       
family4 ,but now ,richard succeeded to  
all the power of his father1 with an    
equal ambition to extend it1 with a     
temper infinitely more fiery and        
impetuous1 and free from every          
impediment of internal dissension4      
,these circumstances filled the mind of 
,philip with great and just uneasiness4 
,there was no security but in finding   
exercise for the enterprising genius of 
the young king at a distance from home4 
,the new ,crusade afforded an           
advantageous opportunity4 ,a little     
before his father's death1 ,richard had 
taken the cross in conjunction with the 
,king of ,france4 ,so precipitate were  
the fears of that monarch1 that ,richard
 was hardly crowned when ambassadors    
were dispatched to ,england to remind   
him of his obligation1 and to pique his 
pride by acquainting him that their     
master was even then in readiness to    
fulfil his part of their common vow4 ,an

 enterprise of this sort was extremely  
agreeable to the genius of ,richard1    
where religion sanctified the thirst of 
military glory1 and where the glory     
itself seemed but the more desirable by 
being unconnected with interest4 ,he    
immediately accepted the proposal1 and  
resolved to insure the success as well  
as the lustre of his expedition by the  
magnificence of his preparations4 ,not  
content with the immense treasures      
amassed by his father1 he drew in vast  
sums by the sale of almost all the      
demesnes of the crown1 and of every     
office under it1 not excepting those of 
the highest trust4 ,the clergy1 whose   
wealth and policy enabled them to take  
advantage of the necessity and weakness 
of the ,croises1 were generally the     
purchasers of both4 ,to secure his      
dominions in his absence1 he made an    
alliance with the princes of ,wales1 and
 with the ,king of ,scotland4 ,to the   
latter he released1 for a sum of money1 
the homage which had been extorted by   

his father4  ,his brother ,john gave him
 most uneasiness2 but finding it        
unworthy1 or impracticable1 to use the  
severer methods of jealous policy1 he   
resolved to secure his fidelity by      
loading him with benefits4 ,he bestowed 
on him six earldoms1 and gave him in    
marriage the ,lady ,avisa1 sole heiress 
of the great house of ,gloucester2 but  
as he gave him no share in the regency1 
he increased his power1 and left him    
discontented in a kingdom committed to  
the care of new men1 who had merited    
their places by their money4  ,it will  
be proper to take a view of the         
condition of the ,holy ,land at the time
 when this third ,crusade was set on    
foot to repair the faults committed in  
the two former4 ,the conquests of the   
,croises1 extending over ,palestine and 
a part of ,syria1 had been erected into 
a sovereignty under the name of the     
,kingdom of ,jerusalem4 ,this kingdom1  
ill-ordered within1 surrounded on all   
sides by powerful enemies1 subsisted by 

a strength not its own for near ninety  
years4 ,but dissensions arising about   
the succession to the crown1 between    
,guy of ,lusignan and ,raymond1 ,earl of
 ,tripoli1 ,guy1 either because he      
thought the assistance of the ,european 
princes too distant1 or that he feared  
their decision1 called in the aid of    
,saladin1 ,sultan of ,egypt4 ,this able 
prince immediately entered ,palestine4  
,as the whole strength of the           
,christians in ,palestine depended upon 
foreign succor1 he first made himself   
master of the maritime towns1 and then  
,jerusalem fell an easy prey to his     
arms2 whilst the competitors contended  
with the utmost violence for a kingdom  
which no longer existed for either of   
them4 ,all ,europe was alarmed at this  
revolution4 ,the banished ,patriarch of 
,jerusalem filled every place with the  
distresses of the ,eastern ,christians4 
,the ,pope ordered a solemn fast to be  
forever kept for this loss1 and then1   
exerting all his influence1 excited a   

new ,crusade1 in which vast numbers     
engaged1 with an ardor unabated by their
 former misfortunes2 but wanting a      
proper subordination rather than a      
sufficient force1 they made but a slow  
progress1 when ,richard and ,philip1 at 
the head of more than one hundred       
thousand chosen men1 the one from       
,marseilles1 the other from ,genoa1 set 
sail to their assistance4  ,sidenote3   
,a4,d4 #aaia  ,in his voyage to the     
,holy ,land accident presented ,richard1
 with an unexpected conquest4 ,a vessel 
of his fleet was driven by a storm to   
take shelter in the ,isle of ,cyprus4   
,that island was governed by a prince   
named ,isaac1 of the imperial family of 
the ,comneni1 who not only refused all  
relief to the sufferers1 but plundered  
them of the little remains of their     
substance4 ,richard1 resenting this     
inhospitable treatment1 aggravated by   
the insolence of the tyrant1 turned his 
force upon ,cyprus1 vanquished ,isaac in
 the field1 took the capital city1 and  

was solemnly crowned king of that       
island4 ,but deeming it as glorious to  
give as to acquire a crown1 he soon     
after resigned it to ,lusignan1 to      
satisfy him for his claim on ,jerusalem2
 in whose descendants it continued for  
several generations1 until1 passing by  
marriage into the family of ,cornaro1 a 
,venetian nobleman1 it was acquired to  
that state1 the only state in ,europe   
which had any real benefit by all the   
blood and treasure lavished in the ,holy
 ,war4  ,richard arrived in ,palestine  
some time after the ,king of ,france4   
,his arrival gave new vigor to the      
operations of the ,croises4 ,he reduced 
,acre to surrender at discretion1 which 
had been in vain besieged for two years1
 and in the siege of which an infinite  
number of ,christians had perished2 and 
so much did he distinguish himself on   
this and on all occasions1 that the     
whole expedition seemed to rest on his  
single valor4 ,the ,king of ,france1    
seeing him fully engaged1 had all that  

he desired4 ,the climate was            
disagreeable to his constitution1 and   
the war1 in which he acted but a second 
part1 to his pride4 ,he therefore       
hastened home to execute his projects   
against ,richard1 amusing him with oaths
 made to be violated1--leaving1 indeed1 
a part of his forces under the ,duke of 
,burgundy1 but with private orders to   
give him underhand all possible         
obstruction4 ,notwithstanding the       
desertion of his ally1 ,richard         
continued the war with uncommon         
alacrity4 ,with very unequal numbers he 
engaged and defeated the whole army of  
,saladin1 and slew forty thousand of his
 best troops4 ,he obliged him to        
evacuate all the towns on the sea-coast1
 and spread the renown and terror of his
 arms over all ,asia4 ,a thousand great 
exploits did not1 however1 enable him to
 extend his conquests to the inland     
country4 ,jealousy1 envy1 cabals1 and a 
total want of discipline reigned in the 
army of the ,crosses4 ,the climate1 and 

their intemperance more than the        
climate1 wasted them with a swift decay4
 ,the vow which brought them to the     
,holy ,land was generally for a limited 
time1 at the conclusion of which they   
were always impatient to depart4 ,their 
armies broke up at the most critical    
conjunctures1--as it was not the        
necessity of the service1 but the extent
 of their vows1 which held them         
together4 ,as soon1 therefore1 as they  
had habituated themselves to the        
country1 and attained some experience1  
they were gone2 and new men supplied    
their places1 to acquire experience by  
the same misfortunes1 and to lose the   
benefit of it by the same inconstancy4  
,thus the war could never be carried on 
with steadiness and uniformity4 ,on the 
other side1 ,saladin continually        
repaired his losses2 his resources were 
at hand2 and this great captain very    
judiciously kept possession of that     
mountainous country which1 formed by a  
perpetual ridge of ,libanus1 in a manner

 walls in the sea-coast of ,palestine4  
,there he hung1 like a continual        
tempest1 ready to burst over the        
,christian army4 ,on his rear was the   
strong city of ,jerusalem1 which secured
 a communication with the countries of  
,chaldea and ,mesopotamia1 from whence  
he was well supplied with everything4   
,if the ,christians attempted to improve
 their successes by penetrating to      
,jerusalem1 they had a city powerfully  
garrisoned in their front1 a country    
wasted and destitute of forage to act   
in1 and ,saladin with a vast army on    
their rear advantageously posted to cut 
off their convoys and reinforcements4   
,sidenote3 ,a4,d4 #aaib4  ,richard was  
laboring to get over these              
disadvantages1 when he was informed by  
repeated expresses of the disorder of   
his affairs in ,europe1--disorders which
 arose from the ill dispositions he had 
made at his departure4 ,the heads of his
 regency had abused their power2 they   
quarrelled with each other1 and the     

nobility with them4 ,a sort of a civil  
war had arisen1 in which they were      
deposed4 ,prince ,john was the main     
spring of these dissensions2 he engaged 
in a close communication of councils    
with the ,king of ,france1 who had      
seized upon several places in ,normandy4
 ,it was with regret that ,richard found
 himself obliged to leave a theatre on  
which he had planned such an illustrious
 scene of action4 ,a constant emulation 
in courtesy and politeness1 as well as  
in military exploits1 had been kept up  
between him and ,saladin4 ,he now       
concluded a truce with that generous    
enemy1 and on his departure sent a      
messenger to assure him that on its     
expiration he would not fail to be again
 in ,palestine4 ,saladin replied1 that1 
if he must lose his kingdom1 he would   
choose to lose it to the ,king ,england4
 ,thus ,richard returned1 leaving       
,jerusalem in the hands of the          
,saracens2 and this end had an          
enterprise in which two of the most     

powerful monarchs in ,europe were       
personally engaged1 an army of upwards  
of one hundred thousand men employed1   
and to furnish which the whole          
,christian world had been vexed and     
exhausted4 ,it is a melancholy          
reflection1 that the spirit of great    
designs can seldom be inspired1 but     
where the reason of mankind is so       
uncultivated that they can be turned to 
little advantage4  ,sidenote3 ,a4,d4    
#aaic  ,with this war ended the fortune 
of ,richard1 who found the ,saracens    
less dangerous than his ,christian      
allies4 ,it is not well known what      
motive induced him to land at ,aquileia1
 at the bottom of the ,gulf of ,venice1 
in order to take his route by ,germany2 
but he pursued his journey through1 the 
territories of the ,duke of ,austria1   
whom he had personally affronted at the 
siege of ,acre4 ,and now1 neither       
keeping himself out of the power of that
 prince1 nor rousing his generosity by  
seeming to confide in it1 he attempted  

to get through his dominions in         
disguise4 ,sovereigns do not easily     
assume the private character2 their     
pride seldom suffers their disguise to  
be complete3 besides1 ,richard had made 
himself but too well known4 ,the ,duke1 
transported with the opportunity of base
 revenge1 discovered him1 seized him1   
and threw him into prison2 from whence  
he was only released to be thrown into  
another4 ,the ,emperor claimed him1 and1
 without regarding in this unfortunate  
captive the common dignity of           
sovereigns1 or his great actions in the 
common cause of ,europe1 treated him    
with yet greater cruelty4 ,to give a    
color of justice to his violence1 he    
proposed to accuse ,richard at the ,diet
 of the ,empire upon certain articles   
relative to his conduct in the ,holy    
,land4  ,the news of the king's         
captivity caused the greatest           
consternation in all his good subjects2 
but it revived the hopes and            
machinations of ,prince ,john1 who bound

 himself by closer ties than ever to the
 ,king of ,france1 seized upon some     
strongholds in ,england1 and1           
industriously spreading a report of his 
brother's death1 publicly laid claim to 
the crown as lawful successor4 ,all his 
endeavors1 however1 served only to      
excite the indignation of the people1   
and to attach them the more firmly to   
their unfortunate prince4 ,eleanor1 the 
queen dowager1 as good a mother as she  
had been a bad wife1 acted with the     
utmost vigor and prudence to retain them
 in their duty1 and omitted no means to 
procure the liberty of her son4 ,the    
nation seconded her with a zeal1 in     
their circumstances1 uncommon4 ,no      
tyrant ever imposed so severe a tax upon
 his people as the affection of the     
people of ,england1 already exhausted1  
levied upon themselves4 ,the most       
favored religious orders were charged on
 this occasion4 ,the ,church plate was  
sold4 ,the ornaments of the most holy   
relics were not spared4 ,and1 indeed1   

nothing serves more to demonstrate the  
poverty of the kingdom1 reduced by      
internal dissensions and remote wars1 at
 that time1 than the extreme difficulty 
of collecting the king's ransom1 which  
amounted to no more than one hundred    
thousand marks of silver1 ,cologne      
weight4 ,for raising this sum1 the first
 taxation1 the most heavy and general   
that was ever known in ,england1 proved 
altogether insufficient4 ,another       
taxation was set on foot4 ,it was levied
 with the same rigor as the former1 and 
still fell short4 ,ambassadors were sent
 into ,germany with all that could be   
raised1 and with hostages for the       
payment of whatever remained4 ,the king 
met these ambassadors as he was carried 
in chains to plead his cause before the 
,diet of the ,empire4 ,the ambassadors  
burst into tears at this affecting      
sight1 and wept aloud2 but ,richard1    
though touched no less with the         
affectionate loyalty of his subjects    
than with his own fallen condition1     

preserved his dignity entire in his     
misfortunes1 and with a cheerful air    
inquired of the state of his dominions1 
the behavior of the ,king of ,scotland1 
and the fidelity of his brother1 the    
,count ,john4 ,at the ,diet1 no longer  
protected by the character of a         
sovereign1 he was supported by his      
personal abilities4 ,he had a ready wit 
and great natural eloquence2 and his    
high reputation and the weight of his   
cause pleading for him more strongly1   
the ,diet at last interested itself in  
his favor1 and prevailed on the ,emperor
 to accept an excessive ransom for      
dismissing a prisoner whom he detained  
without the least color of justice4     
,philip moved heaven and earth to       
prevent his enlargement3 he negotiated1 
he promised1 he flattered1 he           
threatened1 he outbid his extravagant   
ransom4 ,the ,emperor1 in his own nature
 more inclined to the bribe1 which      
tempted him to be base1 hesitated a long
 time between these offers4 ,but as the 

payment of the ransom was more certain  
than ,philip's promises1 and as the     
instances of the ,diet1 and the menaces 
of the ,pope1 who protected ,richard1 as
 a prince serving under the ,cross1 were
 of more immediate consequence than his 
threats1 ,richard was at length         
released2 and though it is said the     
,emperor endeavored to seize him again1 
to extort an other ransom1 he escaped   
safely into ,england4  ,sidenote3 ,a4,d4
 #aaid  ,richard1 on his coming to      
,england1 found all things in the utmost
 confusion2 but before he attempted to  
apply a remedy to so obstinate a        
disease1 in order to wipe off any       
degrading ideas which might have arisen 
from his imprisonment1 he caused himself
 to be new crowned4 ,then holding his   
,court of ,great ,council at            
,southampton1 he made some useful       
regulations in the distribution of      
justice4 ,he called some great offenders
 to a strict account4 ,count ,john      
deserved no favor1 and he lay entirely  

at the king's mercy1 who1 by an         
unparalleled generosity1 pardoned him   
his multiplied offences1 only depriving 
him of the power of which he had made so
 bad a use4 ,generosity did not oblige  
him to forget the hostilities of the    
,king of ,france4 ,but to prosecute the 
war money was wanting1 which new taxes  
and new devices supplied with difficulty
 and with dishonor4 ,all the mean       
oppressions of a necessitous government 
were exercised on this occasion4 ,all   
the grants which were made on the king's
 departure to the ,holy ,land were      
revoked1 on the weak pretence that the  
purchasers had sufficient recompense    
whilst they held them4 ,necessity seemed
 to justify this1 as well as many other 
measures that were equally violent4 ,the
 whole revenue of the crown had been    
dissipated2 means to support its dignity
 must be found2 and these means were the
 least unpopular1 as most men saw with  
pleasure the wants of government fall   
upon those who had started into a sudden

 greatness by taking advantage of those 
wants4  ,richard renewed the war with   
,philip1 which continued1 though        
frequently interrupted by truces1 for   
about five years4 ,in this war ,richard 
signalized himself by that irresistible 
courage which on all occasions gave him 
a superiority over the ,king of ,france4
 ,but his revenues were exhausted2 a    
great scarcity reigned both in ,france  
and ,england2 and the irregular manner  
of carrying on war in those days        
prevented a clear decision in favor of  
either party4 ,richard had still an eye 
on the ,holy ,land1 which he considered 
as the only province worthy of his arms2
 and this continually diverted his      
thoughts from the steady prosecution of 
the war in ,france4 ,the ,crusade1 like 
a superior orb1 moved along with all the
 particular systems of politics of that 
time1 and suspended1 accelerated1 or put
 back all operations on motives foreign 
to the things themselves4 ,in this war  
it must be remarked1 that ,richard made 

a considerable use of the mercenaries   
who had been so serviceable to ,henry   
the ,second2 and the ,king of ,france1  
perceiving how much his father1 ,louis1 
had suffered by a want of that          
advantage1 kept on foot a standing army 
in constant pay1 which none of his      
predecessors had done before him1 and   
which afterwards for a long time very   
unaccountably fell into disuse in both  
kingdoms4  ,sidenote3 ,a4,d4 #aaii4     
,whilst this war was carried on1 by     
intervals and starts1 it came to the    
ears of ,richard that a nobleman of     
,limoges had found on his lands a       
considerable hidden treasure4 ,the king1
 necessitous and rapacious to the last  
degree1 and stimulated by the           
exaggeration and marvellous             
circumstances which always attend the   
report of such discoveries1 immediately 
sent to demand the treasure1 under      
pretence of the rights of seigniory4    
,the ,limosin1 either because he had    
really discovered nothing or that he was

 unwilling to part with so valuable an  
acquisition1 refused to comply with the 
king's demand1 and fortified his castle4
 ,enraged at the disappointment1        
,richard relinquished the important     
affairs in which he was engaged1 and    
laid siege to this castle with all the  
eagerness of a man who has his heart set
 upon a trifle4 ,in this siege he       
received a wound from an arrow1 and it  
proved mortal2 but in the last1 as in   
all the other acts of his life1         
something truly noble shone out amidst  
the rash and irregular motions of his   
mind4 ,the castle was taken before he   
died4 ,the man from whom ,richard had   
received the wound was brought before   
him4 ,being asked why he levelled his   
arrow at the king1 he answered1 with an 
undaunted countenance1 that the king    
with his own hand had slain his two     
brothers2 that he thanked ,god who gave 
him an opportunity to revenge their     
deaths even with the certainty of his   
own4 ,richard1 more touched with the    

magnanimity of the man than offended at 
the injury he had received or the       
boldness of the answer1 ordered that his
 life should be spared4 ,he appointed   
his brother ,john to the succession2 and
 with these acts ended a life and reign 
distinguished by a great variety of     
fortunes in different parts of the      
world1 and crowned with great military  
glory1 but without any accession of     
power to himself1 or prosperity to his  
people1 whom he entirely neglected1 and 
reduced1 by his imprudence and          
misfortunes1 to no small indigence and  
distress4  ,in many respects1 a striking
 parallel presents itself between this  
ancient ,king of ,england and ,charles  
the ,twelfth1 of ,sweden4 ,they were    
both inordinately desirous of war1 and  
rather generals than kings4 ,both were  
rather fond of glory than ambitious of  
empire4 ,both of them made and deposed  
sovereigns4 ,they both carried on their 
wars at a distance from home4 ,they were
 both made prisoners by a friend and    

ally4 ,they were both reduced by an     
adversary inferior in war1 but above    
them in the arts of rule4 ,after        
spending their lives in remote          
adventures1 each perished at last near  
home in enterprises not suited to the   
splendor of their former exploits4 ,both
 died childless4 ,and both1 by the      
neglect of their affairs and the        
severity of their government1 gave their
 subjects provocation and encouragement 
to revive their freedom4 ,in all these  
respects the two characters were alike2 
but ,richard fell as much short of the  
,swedish hero in temperance1 chastity1  
and equality of mind as he exceeded him 
in wit and eloquence4 ,some of his      
sayings are the most spirited that we   
find in that time2 and some of his      
verses remain1 which is a barbarous age 
might have passed for poetry4           
,,chapter ,,viii4  ,,reign ,,of ,,john4 
,sidenote3 ,a4,d4 #aaii  ,we are now    
arrived at one of the most memorable    
periods in the ,english story1 whether  

we consider the astonishing revolutions 
which were then wrought1 the calamities 
in which both the prince and people were
 involved1 or the happy consequences    
which1 arising from the midst of those  
calamities1 have constituted the glory  
and prosperity of ,england for so many  
years4 ,we shall see a throne founded in
 arms1 and augmented by the successive  
policy of five able princes1 at once    
shaken to its foundations3 first made   
tributary by the arts of a foreign      
power2 then limited1 and almost         
overturned1 by the violence of its      
subjects4 ,we shall see a king1 to      
reduce his people to obedience1 draw    
into his territories a tumultuary       
foreign army1 and destroy his country   
instead of establishing his government4 
,we shall behold the people1 grown      
desperate1 call in another foreign army1
 with a foreign prince at its head1 and 
throw away that liberty which they had  
sacrificed everything to preserve4 ,we  
shall see the arms of this prince       

successful against an established king  
in the vigor of his years1 ebbing in the
 full tide of their prosperity1 and     
yielding to an infant3 after this1 peace
 and order and liberty restored1 the    
foreign force and foreign title purged  
off1 and all things settled as happily  
as beyond all hope4  ,richard dying     
without lawful issue1 the succession to 
his dominions again became dubious4     
,they consisted of various territories1 
governed by various rules of descent1   
and all of them uncertain4 ,there were  
two competitors3 the first was ,prince  
,john1 youngest son of ,henry the       
,second2 the other was ,arthur1 son of  
,constance of ,bretagne1 by ,geoffrey1  
the third son of that monarch4 ,if the  
right of consanguinity were only        
considered1 the title of ,john to the   
whole succession had been indubitable4  
,if the right of representation had then
 prevailed1 which now universally       
prevails1 ,arthur1 as standing in the   
place of his father1 ,geoffrey1 had a   

solid claim4 ,about ,brittany there was 
no dispute4 ,anjou1 ,poitou1 ,touraine1 
and ,guienne declared in favor of       
,arthur1 on the principle of            
representation4 ,normandy was entirely  
for ,john4 ,in ,england the point of law
 had never been entirely settled1 but it
 seemed rather inclined to the side of  
consanguinity4 ,therefore in ,england1  
where this point was dubious at best1   
the claim of ,arthur1 an infant and a   
stranger1 had little force against the  
pretensions of ,john1 declared heir by  
the will of the late king1 supported by 
his armies1 possessed of his treasures1 
and at the head of a powerful party4 ,he
 secured in his interests ,hubert1      
,archbishop of ,canterbury1 and         
,glanville1 the chief justiciary1 and by
 them the body of the ecclesiastics and 
the law4 ,it is remarkable1 also1 that  
he paid court to the cities and         
boroughs1 which is the first instance of
 that policy3 but several of these      
communities now happily began to emerge 

from their slavery1 and1 taking         
advantage of the necessities and        
confusion of the late reign1 increased  
in wealth and consequence1 and had then 
first attained a free and regular form  
of administration4 ,the towns new to    
power declared heartily in favor of a   
prince who was willing to allow that    
their declaration could confer a right4 
,the nobility1 who saw themselves beset 
by the ,church1 the law1 and the        
burghers1 had taken no measures1 nor    
even a resolution1 and therefore had    
nothing left but to concur in           
acknowledging the title of ,john1 whom  
they knew and hated4 ,but though they   
were not able to exclude him from the   
succession1 they had strength enough to 
oblige him to a solemn promise of       
restoring those liberties and franchises
 which they had always claimed without  
having ever enjoyed or even perfectly   
understood4 ,the clergy also took       
advantage of the badness of his title to
 establish one altogether as ill        

founded4 ,hubert1 ,archbishop of        
,canterbury1 in the speech which he     
delivered at the king's coronation1     
publicly affirmed that the crown of     
,england was of right elective4 ,he drew
 his examples in support of this        
doctrine1 not from the histories of the 
ancient ,saxon kings1 although a species
 of election within a certain family had
 then frequently prevailed1 but from the
 history of the first kings of the      
,jews3 without doubt in order to revive 
those pretensions which the clergy first
 set up in the election of ,stephen1 and
 which they had since been obliged to   
conceal1 but had not entirely forgotten4
  ,john accepted a sovereignty weakened 
in the very act by which he acquired it2
 but he submitted to the times4 ,he came
 to the throne at the age of thirty-two4
 ,he had entered early into business1   
and had been often involved in difficult
 and arduous enterprises1 in which he   
experienced a variety of men and        
fortunes4 ,his father1 whilst he was    

very young1 had sent him into ,ireland1 
which kingdom was destined for his      
portion1 in order to habituate that     
people to their future sovereign1 and to
 give the young prince an opportunity of
 conciliating the favor of his new      
subjects4 ,but he gave on this occasion 
no good omens of capacity for           
government4 ,full of the insolent levity
 of a young man of high rank without    
education1 and surrounded with others   
equally unpractised1 he insulted the    
,irish chiefs1 and1 ridiculing their    
uncouth garb and manners1 he raised such
 a disaffection to the ,english         
government1 and so much opposition to   
it1 as all the wisdom of his father's   
best officers and counsellors was hardly
 able to overcome4 ,in the decline of   
his father's life he joined in the      
rebellion of his brothers1 with so much 
more guilt as with more ingratitude and 
hypocrisy4 ,during the reign of ,richard
 he was the perpetual author of         
seditions and tumults2 and yet was      

pardoned1 and even favored by that      
prince to his death1 when he very       
unaccountably appointed him heir to all 
his dominions4  ,it was of the utmost   
moment to ,john1 who had no solid title1
 to conciliate the favor of all the     
world4 ,yet one of his first steps1     
whilst his power still remained dubious 
and unsettled1 was1 on pretence of      
consanguinity1 to divorce his wife      
,avisa1 with whom he had lived many     
years1 and to marry ,isabella of        
,angoulme1 a woman of extraordinary     
beauty1 but who had been betrothed to   
,hugh1 ,count of ,marche3 thus          
disgusting at once the powerful friends 
of his divorced wife1 and those of the  
,earl of ,marche1 whom he had so        
sensibly wronged4  ,sidenote3 ,a4,d4    
#abjj4  ,the ,king of ,france1 ,philip  
,augustus1 saw with pleasure these      
proceedings of ,john1 as he had before  
rejoiced at the dispute about the       
succession4 ,he had been always         
employed1 and sometimes with success1 to

 reduce the ,english power through the  
reigns of one very able and one very    
warlike prince4 ,he had greater         
advantages in this conjuncture1 and a   
prince of quite another character now to
 contend with4 ,he was therefore not    
long without choosing his part2 and     
whilst he secretly encouraged the ,count
 of ,marche1 already stimulated by his  
private wrongs1 he openly supported the 
claim of ,arthur to the ,duchies of     
,anjou and ,touraine4 ,it was the       
character of this prince readily to lay 
aside and as readily to reassume his    
enterprises1 as his affairs demanded4   
,he saw that he had declared himself too
 rashly1 and that he was in danger of   
being assaulted upon every side4 ,he saw
 it was necessary to break an alliance1 
which the nice circumstances and timid  
character of ,john would enable him to  
do4 ,in fact1 ,john was at this time    
united in a close alliance with the     
,emperor and the ,earl of ,flanders2 and
 these princes were engaged in a war    

with ,france4 ,he had then a most       
favorable opportunity to establish all  
his claims1 and at the same time to put 
the ,king of ,france out of a condition 
to question them ever after4 ,but he    
suffered himself to be overreached by   
the artifices of ,philip3 he consented  
to a treaty of peace1 by which he       
received an empty acknowledgment of his 
right to the disputed territories1 and  
in return for which acknowledgment he   
renounced his alliance with the         
,emperor4 ,by this act he at once       
strengthened his enemy1 gave up his     
ally1 and lowered his character with his
 subjects and with all the world4       
,sidenote3 ,a4,d4 #abja4  ,sidenote3    
,a4,d4 #abjb4  ,this treaty was hardly  
signed1 when the ill consequences of his
 conduct became evident4 ,the ,earl of  
,marche and ,arthur immediately renewed 
their claims and hostilities under the  
protection of the ,king of ,france1 who 
made a strong diversion by invading     
,normandy4 ,at the commencement of these

 motions1 ,john1 by virtue of a         
prerogative hitherto undisputed1        
summoned his ,english barons to attend  
him into ,france2 but instead of a      
compliance with his orders1 he was      
surprised with a solemn demand of their 
ancient liberties4 ,it is astonishing   
that the barons should at that time have
 ventured on a resolution of such       
dangerous importance1 as they had       
provided no sort of means to support    
them4 ,but the history of those times   
furnishes many instances of the like    
want of design in the most momentous    
affairs1 and shows that it is in vain to
 look for political causes for the      
actions of men1 who were most commonly  
directed by a brute caprice1 and were   
for the greater part destitute of any   
fixed principles of obedience or        
resistance4 ,the king1 sensible of the  
weakness of his barons1 fell upon some  
of their castles with such timely vigor1
 and treated those whom he had reduced  
with so much severity1 that the rest    

immediately and abjectly submitted4 ,he 
levied a severe tax upon their fiefs2   
and thinking himself more strengthened  
by this treasure than the forced service
 of his barons1 he excused the personal 
attendance of most of them1 and1 passing
 into ,normandy1 he raised an army      
there4 ,he found that his enemies had   
united their forces1 and invested the   
castle of ,mirebeau1 a place of         
importance1 in which his mother1 from   
whom he derived his right to ,guienne1  
was besieged4 ,he flew to the relief of 
this place with the spirit of a greater 
character1 and the success was          
answerable4 ,the ,breton and ,poitevin  
army was defeated1 his mother was freed1
 and the young ,duke of ,brittany and   
his sister were made prisoners4 ,the    
latter he sent into ,england1 to be     
confined in the castle of ,bristol2 the 
former he carried with him to ,rouen4   
,the good fortune of ,john now seemed to
 be at its highest point2 but it was    
exalted on a precipice2 and this great  

victory proved the occasion of all the  
evils which afflicted his life4         
,sidenote3 ,a4,d4 #abjc4  ,john was not 
of a character to resist the temptation 
of having the life of his rival in his  
hands4 ,all historians are as fully     
agreed that he murdered his nephew as   
they differ in the means by which he    
accomplished that crime4 ,but the report
 was soon spread abroad1 variously      
heightened in the circumstances by the  
obscurity of the fact1 which left all   
men at liberty to imagine and invent1   
and excited all those sentiments of pity
 and indignation which a very young     
prince of great hopes1 cruelly murdered 
by his uncle1 naturally inspire4 ,philip
 had never missed an occasion of        
endeavoring to ruin the ,king of        
,england3 and having now acquired an    
opportunity of accomplishing that by    
justice which he had in vain sought by  
ambition1 he filled every place with    
complaints of the cruelty of ,john1     
whom1 as a vassal to the crown of       

,france1 the king accused of the murder 
of another vassal1 and summoned him to  
,paris to be tried by his peers4 ,it was
 by no means consistent either with the 
dignity or safety of ,john to appear to 
this summons4 ,he had the argument of   
kings to justify what he had done4 ,but 
as in all great crimes there is         
something of a latent weakness1 and in a
 vicious caution something material is  
ever neglected1 ,john1 satisfied with   
removing his rival1 took no thought     
about his enemy2 but whilst he saw      
himself sentenced for non-appearance in 
the ,court of ,peers1 whilst he saw the 
,king of ,france entering ,normandy with
 a vast army in consequence of this     
sentence1 and place after place1 castle 
after castle1 falling before him1 he    
passed his time at ,rouen in the        
profoundest tranquillity1 indulging     
himself in indolent amusements1 and     
satisfied with vain threatenings and    
boasts1 which only added greater shame  
to his inactivity4 ,the ,english barons 

who had attended him in this expedition1
 disaffected from the beginning1 and now
 wearied with being so long witnesses to
 the ignominy of their sovereign1       
retired to their own country1 and there 
spread the report of his unaccountable  
sloth and cowardice4 ,john quickly      
followed them2 and returning into his   
kingdom1 polluted with the charge of so 
heavy a crime1 and disgraced by so many 
follies1 instead of aiming by popular   
acts to reestablish his character1 he   
exacted a seventh of their movables from
 the barons1 on pretence that they had  
deserted his service4 ,he laid the same 
imposition on the clergy1 without giving
 himself the trouble of seeking for a   
pretext4 ,he made no proper use of these
 great supplies1 but saw the great city 
of ,rouen1 always faithful to its       
sovereigns1 and now exerting the most   
strenuous efforts in his favor1 obliged 
at length to surrender1 without the     
least attempt to relieve it ,thus the   
whole ,duchy of ,normandy1 originally   

acquired by the valor of his ancestors1 
and the source from which the greatness 
of his family had been derived1 after   
being supported against all shocks for  
three hundred years1 was torn forever   
from the stock of ,rollo1 and reunited  
to the crown of ,france4 ,immediately   
all the rest of the provinces which he  
held on the continent1 except a part of 
,guienne1 despairing of his protection1 
and abhorring his government1 threw     
themselves into the hands of ,philip4   
,meanwhile the king by his personal     
vices completed the odium which he had  
acquired by the impotent violence of his
 government4 ,uxorious and yet dissolute
 in his manners1 he made no scruple     
frequently to violate the wives and     
daughters of his nobility1 that rock on 
which tyranny has so often split4 ,other
 acts of irregular power1 in their      
greatest excesses1 still retain the     
characters of sovereign authority2 but  
here the vices of the prince intrude    
into the families of the subject1 and1  

whilst they aggravate the oppression1   
lower the character of the oppressor4   
,in the disposition which all these     
causes had concurred universally to     
diffuse1 the slightest motion in his    
kingdom threatened the most dangerous   
consequences4 ,those things which in    
quiet times would have only raised a    
slight controversy1 now1 when the minds 
of men were exasperated and inflamed1   
were capable of affording matter to the 
greatest revolutions4 ,the affairs of   
the ,church1 the winds which mostly     
governed the fluctuating people1 were to
 be regarded with the utmost attention4 
,above all1 the person who filled the   
see of ,canterbury1 which stood on a    
level with the throne itself1 was a     
matter of the last importance4 ,just at 
this critical time died ,hubert1        
archbishop of that see1 a man who had a 
large share in procuring the crown for  
,john1 and in weakening its authority by
 his acts at the ceremony of the        
coronation1 as well as by his subsequent

 conduct4 ,immediately on the death of  
this prelate1 a cabal of obscure monks1 
of the ,abbey of ,st4 ,augustin1        
assemble by night1 and first binding    
themselves by a solemn oath not to      
divulge their proceedings1 until they   
should be confirmed by the ,pope1 they  
elect one ,reginald1 their sub-prior1   
,archbishop of ,canterbury4 ,the person 
elected immediately crossed the seas2   
but his vanity soon discovered the      
secret of his greatness4 ,the king      
received the news of this transaction   
with surprise and indignation4 ,provoked
 at such a contempt of his authority1 he
 fell severely on the monastery1 no less
 surprised than himself at the          
clandestine proceeding of some of its   
members4 ,but the sounder part pacified 
him in some measure by their submission4
 ,they elected a person recommended by  
the king1 and sent fourteen of the most 
respectable of their body to ,rome1 to  
pray that the former proceedings should 
be annulled1 and the later and more     

regular confirmed4 ,to this matter of   
contention another was added4 ,a dispute
 had long subsisted between the         
suffragan bishops of the province of    
,canterbury and the monks of the ,abbey 
of ,st4 ,austin1 each claiming a right  
to elect the metropolitan4 ,this dispute
 was now revived1 and pursued with much 
vigor4 ,the pretensions of the three    
contending parties were laid before the 
,pope1 to whom such disputes were highly
 pleasing1 as he knew that all claimants
 willingly conspire to flatter and      
aggrandize that authority from which    
they expect a confirmation of their own4
 ,the first election1 he nulled1 because
 its irregularity was glaring4 ,the     
right of the bishops was entirely       
rejected3 the ,pope looked with an evil 
eye upon those whose authority he was   
every day usurping4 ,the second election
 was set aside1 as made at the king's   
instance3 this was enough to make it    
very irregular4 ,the canon law had now  
grown up to its full strength4 ,the     

enlargement of the prerogative of the   
,pope was the great object of this      
jurisprudence1--a prerogative which1    
founded on fictitious monuments1 that   
are forged in an ignorant age1 easily   
admitted by a credulous people1 and     
afterwards confirmed and enlarged by    
these admissions1 not satisfied with the
 supremacy1 encroached on every minute  
part of ,church government1 and had     
almost annihilated the episcopal        
jurisdiction throughout ,europe4 ,some  
canons had given the metropolitan a     
power of nominating a bishop1 when the  
circumstances of the election were      
palpably irregular2 and as it does not  
appear that there was any other judge of
 the irregularity than the metropolitan 
himself1 the election below in effect   
became nugatory4 ,the ,pope1 taking the 
irregularity in this case for granted1  
in virtue of this canon1 and by his     
plenitude of power1 ordered the deputies
 of ,canterbury to proceed to a new     
election4 ,at the same time he          

recommended to their choice ,stephen    
,langton1 their countryman1--a person   
already distinguished for his learning1 
of irreproachable morals1 and free from 
every canonical impediment4 ,this       
authoritative request the monks had not 
the courage to oppose in the ,pope's    
presence and in his own city4 ,they     
murmured1 and submitted4  ,sidenote3    
,a4,d4 #abjh4  ,in ,england this        
proceeding was not so easily ratified4  
,john drove the monks of ,canterbury    
from their monastery1 and1 having seized
 upon their revenues1 threatened the    
effects of the same indignation against 
all those who seemed inclined to        
acquiesce in the proceedings of ,rome4  
,but ,rome had not made so bold a step  
with intention to recede4 ,on the king's
 positive refusal to admit ,langton1 and
 the expulsion of the monks of          
,canterbury1 ,england was laid under an 
interdict4 ,then divine service at once 
ceased throughout the kingdom2 the      
churches were shut2 the sacraments were 

suspended2 the dead were buried without 
honor1 in highways and ditches1 and the 
living deprived of all spiritual        
comfort4 ,on the other hand1 the king   
let loose his indignation against the   
ecclesiastics1--seizing their goods1    
throwing many into prison1 and          
permitting or encouraging all sorts of  
violence against them4 ,the kingdom was 
thrown into the most terrible confusion2
 whilst the people1 uncertain of the    
object or measure of their allegiance1  
and distracted with opposite principles 
of duty1 saw themselves deprived of     
their religious rites by the ministers  
of religion1 and their king1 furious    
with wrongs not caused by them1 falling 
indiscriminately on the innocent and the
 guilty3 for ,john1 instead of soothing 
his people in this their common         
calamity1 sought to terrify them into   
obedience4 ,in a progress which he made 
into the ,north1 he threw down the      
inclosures of his forests1 to let loose 
the wild beasts upon their lands2 and as

 he saw the ,papal proceedings increase 
with his opposition1 he thought it      
necessary to strengthen himself by new  
devices4 ,he extorted hostages and a new
 oath of fidelity from his barons4 ,he  
raised a great army1 to divert the      
thoughts of his subjects from brooding  
too much on their distracted condition4 
,this army he transported into ,ireland2
 and as it happened to his father in a  
similar dispute with the ,pope1 whilst  
he was dubious of his hereditary        
kingdom1 he subdued ,ireland4 ,at this  
time he is said to have established the 
,english laws in that kingdom1 and to   
have appointed itinerant justices4  ,at 
length the sentence of excommunication  
was fulminated against the king4 ,in the
 same year the same sentence was        
pronounced upon the ,emperor ,otho2 and 
this daring ,pope was not afraid at once
 to drive to extremities the two        
greatest princes in ,europe4 ,and truly1
 nothing is more remarkable than the    
uniform steadiness of the court of ,rome

 in the pursuits of her ambitious       
projects4 ,for1 knowing that pretensions
 which stand merely in opinion cannot   
bear to be questioned in any part1      
though she had hitherto seen the        
interdict produce but little effect1 and
 perceived that the excommunication     
itself could draw scarce one poor bigot 
from the king's service1 yet she receded
 not the least point from the utmost of 
her demand4 ,she broke off an           
accommodation just on the point of being
 concluded1 because the king refused to 
repair the losses which the clergy had  
suffered1 though he agreed to everything
 else1 and even submitted to receive the
 archbishop1 who1 being obtruded on him1
 had in reality been set over him4 ,but 
the ,pope1 bold as politic1 determined  
to render him perfectly submissive1 and 
to this purpose brought out the last    
arms of the ecclesiastic stores1 which  
were reserved for the most extreme      
occasions4 ,having first released the   
,english subjects from their oath of    

allegiance1 by an unheard-of            
presumption1 he formally deposed ,john  
from his throne and dignity2 he invited 
the ,king of ,france to take possession 
of the forfeited crown2 he called forth 
all persons from all parts of ,europe to
 assist in this expedition1 by the      
pardons and privileges of those who     
fought for the ,holy ,land4  ,sidenote3 
,a4,d4 #abah4  ,this proceeding did not 
astonish the world4 ,the ,king of       
,france1 having driven ,john from all he
 held on the continent1 gladly saw      
religion itself invite him to farther   
conquests4 ,he summoned all his vassals1
 under the penalty of felony1 and the   
opprobrious name of culvertage1#hb 7a   
name of all things dreaded by both      
nations17 to attend in this expedition2 
and such force had this threat1 and the 
hope of plunder in ,england1 that a very
 great army was in a short time         
assembled4 ,a fleet also rendezvoused in
 the mouth of the ,seine1 by the writers
 of these times said to consist of      

seventeen hundred sail4 ,on this        
occasion ,john roused all his powers4   
,he called upon all his people who by   
the duty of their tenure or allegiance  
were obliged to defend their lord and   
king1 and in his writs stimulated them  
by the same threats of culvertage which 
had been employed against him4 ,they    
operated powerfully in his favor4 ,his  
fleet in number exceeded the vast navy  
of ,france2 his army was in everything  
but heartiness to the cause equal1 and1 
extending along the coast of ,kent1     
expected the descent of the ,french     
forces4  ,whilst these two mighty armies
 overspread the opposite coasts1 and the
 sea was covered with their fleets1 and 
the decision of so vast an event was    
hourly expected1 various thoughts arose 
in the minds of those who moved the     
springs of these affairs4 ,john1 at the 
head of one of the finest armies in the 
world1 trembled inwardly1 when he       
reflected how little he possessed or    
merited their confidence4 ,wounded by   

the consciousness of his crimes1        
excommunicated by the ,pope1 hated by   
his subjects1 in danger of being at once
 abandoned by heaven and earth1 he was  
filled with the most fearful anxiety4   
,the legates of the ,pope had hitherto  
seen everything succeed to their wish4  
,but having made use of an instrument   
too great for them to wield1 they       
apprehended1 that1 when it had          
overthrown their adversary1 it might    
recoil upon the court of ,rome itself2  
that to add ,england to the rest of     
,philip's great possessions was not the 
way to make him humble2 and that in     
ruining ,john to aggrandize that        
monarch1 they should set up a powerful  
enemy in the place of a submissive      
vassal4  ,they had done enough to give  
them a superiority in any negotiation1  
and they privately sent an embassy to   
the ,king of ,england4 ,finding him very
 tractable1 they hasted to complete the 
treaty4 ,the ,pope's legate1 ,pandulph1 
was intrusted with this affair4 ,he knew

 the nature of men to be such that they 
seldom engage willingly1 if the whole of
 an hardship be shown them at first1 but
 that1 having advanced a certain length1
 their former concessions are an        
argument with them to advance further1  
and to give all because they have       
already given a great deal4 ,therefore  
he began with exacting an oath from the 
king1 by which1 without showing the     
extent of his design1 he engaged him to 
everything he could ask4 ,john swore to 
submit to the legate in all things      
relating to his excommunication4 ,and   
first he was obliged to accept ,langton 
as archbishop2 then to restore the monks
 of ,canterbury1 and other deprived     
ecclesiastics1 and to make them a full  
indemnification for all their losses4   
,and now1 by these concessions1 all     
things seemed to be perfectly settled4  
,the cause of the quarrel was entirely  
removed4 ,but when the king expected for
 so perfect a submission a full         
absolution1 the legate began a labored  

harangue on his rebellion1 his tyranny1 
and the innumerable sins he had         
committed1 and in conclusion declared   
that there was no way left to appease   
,god and the ,church but to resign his  
crown to the ,holy ,see1 from whose     
hands he should receive it purified from
 all pollutions1 and hold it for the    
future by homage and an annual tribute4 
,john was struck motionless at a demand 
so extravagant and unexpected4 ,he knew 
not on which side to turn4 ,if he cast  
his eyes toward the coast of ,france1 he
 there saw his enemy ,philip1 who       
considered him as a criminal as well as 
an enemy1 and who aimed not only at his 
crown1 but his life1 at the head of an  
innumerable multitude of fierce people1 
ready to rush in upon him4 ,if he looked
 at his own army1 he saw nothing there  
but coldness1 disaffection1 uncertainty1
 distrust1 and a strength in which he   
knew not whether he ought most to       
confide or fear4 ,on the other hand1 the
 ,papal thunders1 from the wounds of    

which he was still sore1 were levelled  
full at his head4 ,he could not look    
steadily at these complicated           
difficulties3 and truly it is hard to   
say what choice he had1 if any choice   
were left to kings in what concerns the 
independence of their crown4            
,surrounded1 therefore1 with these      
difficulties1 and that all his late     
humiliations might not be rendered as   
ineffectual as they were ignominious1 he
 took the last step1 and in the presence
 of a numerous assembly of his peers and
 prelates1 who turned their eyes from   
this mortifying sight1 formally resigned
 his crown to the ,pope's legate1 to    
whom at the same time he did homage and 
paid the first fruits of his tribute4   
,nothing could be added to the          
humiliation of the king upon this       
occasion1 but the insolence of the      
legate1 who spurned the treasure with   
his foot1 and let the crown remain a    
long time on the ground1 before he      
restored it to the degraded owner4  ,in 

this proceeding the motives of the king 
may be easily discovered2 but how the   
barons of the kingdom1 who were deeply  
concerned1 suffered without any         
protestation the independency of the    
crown to be thus forfeited is mentioned 
by no historian of that time4 ,in civil 
tumults it is astonishing how little    
regard is paid by all parties to the    
honor or safety of their country4 ,the  
king's friends were probably induced to 
acquiesce by the same motives that had  
influenced the king4 ,his enemies1 who  
were the most numerous1 perhaps saw his 
abasement with pleasure1 as they knew   
this action might be one day employed   
against him with effect4 ,to the bigots 
it was enough that it aggrandized the   
,pope4 ,it is perhaps worthy of         
observation that the conduct of         
,pandulph towards ,king ,john bore a    
very great affinity to that of the      
,roman consuls to the people of         
,carthage in the last ,punic            
,war1--drawing them from concession to  

concession1 and carefully concealing    
their design1 until they made it        
impossible for the ,carthaginians to    
resist4 ,such a strong resemblance did  
the same ambition produce in such       
distant times2 and it is far from the   
sole instance in which we may trace a   
similarity between the spirit and       
conduct of the former and latter ,rome  
in their common design on the liberties 
of mankind4  ,the legates1 having thus  
triumphed over the king1 passed back    
into ,france1 but without relaxing the  
interdict or excommunication1 which they
 still left hanging over him1 lest he   
should be tempted to throw off the      
chains of his new subjection4 ,arriving 
in ,france1 they delivered their orders 
to ,philip with as much haughtiness as  
they had done to ,john4 ,they told him  
that the end of the war was answered in 
the humiliation of the ,king of         
,england1 who had been rendered a       
dutiful son of the ,church1--and that1  
if the ,king of ,france should1 after   

this notice1 proceed to further         
hostilities1 he had to apprehend the    
same sentence which had humbled his     
adversary4 ,philip1 who had not raised  
so great an army with a view of         
reforming the manners of ,king ,john1   
would have slighted these threats1 had  
he not found that they were seconded by 
the ill dispositions of a part of his   
own army4 ,the ,earl of ,flanders1      
always disaffected to his cause1 was    
glad of this opportunity to oppose him1 
and1 only following him through fear1   
withdrew his forces1 and now openly     
opposed him4 ,philip turned his arms    
against his revolted vassal4 ,the cause 
of ,john was revived by this dissension1
 and his courage seemed rekindled4      
,making one effort of a vigorous mind1  
he brought his fleet to an action with  
the ,french navy1 which he entirely     
destroyed on the coast of ,flanders1 and
 thus freed himself from the terror of  
an invasion4 ,but when he intended to   
embark and improve his success1 the     

barons refused to follow him4 ,they     
alleged that he was still               
excommunicated1 and that they would not 
follow a lord under the censures of the 
,church4 ,this demonstrated to the king 
the necessity of a speedy absolution2   
and he received it this year from the   
hands of ,cardinal ,langton4  ,that     
archbishop no sooner came into the      
kingdom than he discovered designs very 
different from those which the ,pope had
 raised him to promote4 ,he formed      
schemes of a very deep and extensive    
nature1 and became the first mover in   
all the affairs which distinguish the   
remainder of this reign4 ,in the oath   
which he administered to ,john on his   
absolution1 he did not confine himself  
solely to the ecclesiastical grievances1
 but made him swear to amend his civil  
government1 to raise no tax without the 
consent of the ,great ,council1 and to  
punish no man but by the judgment of his
 court4 ,in these terms we may ,bee the 
,great ,charter traced in miniature4 ,a 

new scene of contention was opened2 new 
pretensions were started2 a new scheme  
was displayed4 ,one dispute was hardly  
closed1 when he was involved in another2
 and this unfortunate king soon         
discovered that to renounce his dignity 
was not the way to secure his repose4   
,for1 being cleared of the              
excommunication1 he resolved to pursue  
the war in ,france1 in which he was not 
without a prospect of success2 but the  
barons refused upon new pretences1 and  
not a man would serve4 ,the king1       
incensed to find himself equally opposed
 in his lawful and unlawful commands1   
prepared to avenge himself in his       
accustomed manner1 and to reduce the    
barons to obedience by carrying war into
 their estates4 ,but he found by this   
experiment that his power was at an end4
 ,the ,archbishop followed him1         
confronted him with the liberties of his
 people1 reminded him of his late oath1 
and threatened to excommunicate every   
person who should obey him in his       

illegal proceedings4 ,the king1 first   
provoked1 afterwards terrified at this  
resolution1 forbore to prosecute the    
recusants4  ,the ,english barons had    
privileges1 which they knew to have been
 violated2 they had always kept up the  
memory of the ancient ,saxon liberty2   
and if they were the conquerors of      
,britain1 they did not think that their 
own servitude was the just fruit of     
their victory4 ,they had1 however1 but  
an indistinct view of the object at     
which they aimed2 they rather felt their
 wrongs than understood the cause of    
them2 and having no head nor council1   
they were more in a condition of        
distressing their king and disgracing   
their country by their disobedience than
 of applying any effectual remedy to    
their grievances4 ,langton saw these    
dispositions1 and these wants4 ,he had  
conceived a settled plan for reducing   
the king1 and all his actions tended to 
carry it into execution4 ,this prelate1 
under pretence of holding an            

ecclesiastical synod1 drew together     
privately some of the principal barons  
to the ,church of ,st4 ,paul in ,london4
 ,there1 having expatiated on the       
miseries which the kingdom suffered1 and
 having explained at the same time the  
liberties to which it was entitled1 he  
produced the famous charter of ,henry   
the ,first1 long concealed1 and of      
which1 with infinite difficulty1 he had 
procured an authentic copy4 ,this he    
held up to the barons as the standard   
about which they were to unite4 ,these  
were the liberties which their ancestors
 had received by the free concession of 
a former king1 and these the rights     
which their virtue was to force from the
 present1 if 7which ,god forbid67 they  
should find it necessary to have        
recourse to such extremities4 ,the      
barons1 transported to find an authentic
 instrument to justify their discontent 
and to explain and sanction their       
pretensions1 covered the ,archbishop    
with praises1 readily confederated to   

support their demands1 and1 binding     
themselves by every obligation of human 
and religious faith1 to vigor1          
unanimity1 and secrecy1 they depart to  
confederate others in their design4     
,this plot was in the hands of too many 
to be perfectly concealed2 and ,john    
saw1 without knowing how to ward it off1
 a more dangerous blow levelled at his  
authority than any of the former4 ,he   
had no resources within his kingdom1    
where all ranks and orders were united  
against him by one common hatred4       
,foreign alliance he had none1 among    
temporal powers4 ,he endeavored1        
therefore1 if possible1 to draw some    
benefit from the misfortune of his new  
circumstances3 he threw himself upon the
 protection of the ,papal power1 which  
he had so long and with such reason     
opposed4 ,the ,pope readily received him
 into his protection1 but took this     
occasion to make him purchase it by     
another and more formal resignation of  
his crown4 ,his present necessities and 

his habits of humiliation made this     
second degradation easy to the king4    
,but ,langton1 who no longer acted in   
subservience to the ,pope1 from whom he 
had now nothing further to expect1 and  
who had put himself at the head of the  
patrons of civil liberty1 loudly        
exclaimed at this indignity1 protested  
against the resignation1 and laid his   
protestation on the altar4  ,sidenote3  
,a4,d4 #abad4  ,this was more           
disagreeable to the barons than the     
first resignation1 as they were sensible
 that he now degraded himself only to   
humble his subjects4 ,they were1        
however1 once more patient witnesses to 
that ignominious act1--and were so much 
overawed by the ,pope1 or had brought   
their design to so little maturity1 that
 the king1 in spite of it1 still found  
means and authority to raise an army1   
with which he made a final effort to    
recover some part of his dominions in   
,france4 ,the juncture was altogether   
favorable to his design4 ,philip had all

 his attention abundantly employed in   
another quarter1 against the terrible   
attacks of the ,emperor ,otho in a      
confederacy with the ,earl of ,flanders4
 ,john1 strengthened by this diversion1 
carried on the war in ,poitou for some  
time with good appearances4 ,the ,battle
 of ,bouvines1 which was fought this    
year1 put an end to all these hopes4 ,in
 this battle1 the ,imperial army1       
consisting of one hundred and fifty     
thousand men1 were defeated by a third  
of their number of ,french forces4 ,the 
,emperor himself1 with difficulty       
escaping from the field1 survived but a 
short time a battle which entirely broke
 his strength4 ,so signal a success     
established the grandeur of ,france upon
 immovable foundations4 ,philip rose    
continually in reputation and power1    
whilst ,john continually declined in    
both2 and as the ,king of ,france was   
now ready to employ against him all his 
forces1 so lately victorious1 he sued1  
by the mediation of the ,pope's legate1 

for a truce1 which was granted to him   
for five years4 ,such truces stood in   
the place of regular treaties of peace1 
which were not often made at that time4 
,sidenote3 ,a4,d4 #abae4  ,the barons of
 ,england had made use of the king's    
absence to bring their confederacy to   
form2 and now1 seeing him return with so
 little credit1 his allies discomfited1 
and no hope of a party among his        
subjects1 they appeared in a body before
 him at ,london4 ,all in complete armor1
 and in the guise of defiance1 they     
presented a petition1 very humble in the
 language1 but excessive in the         
substance1 in which they declared their 
liberties1 and prayed that they might be
 formally allowed and established by the
 royal authority4 ,the king resolved not
 to submit to their demands2 but being  
at present in no condition to resist1 he
 required time to consider of so        
important an affair4 ,the time which was
 granted to the king to deliberate he   
employed in finding means to avoid a    

compliance4 ,he took the cross1 by which
 he hoped to render his person sacred2  
he obliged the people to renew their    
oath of fealty2 and1 lastly1 he had     
recourse to the ,pope1 fortified by all 
the devices which could be used to      
supply the place of a real strength1 he 
ventured1 when the barons renewed their 
demands1 to give them a positive        
refusal2 he swore by the feet of ,god   
7his usual oath7 that he would never    
grant them such liberties as must make a
 slave of himself4  ,the barons1 on this
 answer1 immediately fly to arms3 they  
rise in every part2 they form an army1  
and appoint a leader2 and as they knew  
that no design can involve all sorts of 
people or inspire them with             
extraordinary resolution1 unless it be  
animated with religion1 they call their 
leader the ,marshal of the ,army of ,god
 and ,holy ,church4 ,the king was wholly
 unprovided against so general a        
defection4 ,the city of ,london1 the    
possession of which has generally proved

 a decisive advantage in the ,english   
civil wars1 was betrayed to the barons4 
,he might rather be said1 to be         
imprisoned than defended in the ,tower  
of ,london1 to which close siege was    
laid2 whilst the marshal of the barons' 
army1 exercising the prerogatives of    
royalty1 issued writs to summon all the 
lords to join the army of liberty1      
threatening equally all those who should
 adhere to the king and those who       
betrayed an indifference to the cause by
 their neutrality4 ,john1 deserted by   
all1 had no resource but in temporizing 
and submission4 ,without questioning in 
any part the terms of a treaty which he 
intended to observe in none1 he agreed  
to everything the barons thought fit to 
ask1 hoping that the exorbitancy of     
their demands would justify in the eyes 
of the world the breach of his promises4
 ,the instruments by which the barons   
secured their liberties were drawn up in
 form of charters1 and in the manner by 
which grants had been usually made to   

monasteries1 with a preamble signifying 
that it was done for the benefit of the 
king's soul and those of his ancestors4 
,for the place of solemnizing this      
remarkable act they chose a large field1
 overlooked by ,windsor1 called         
,running-mede1 which1 in our present    
tongue1 signifies the ,meadow of        
,council1--a place long consecrated by  
public opinion1 as that wherein the     
quarrels and wars which arose in the    
,english nation1 when divided into      
kingdoms or factions1 had been          
terminated from the remotest times4     
,here it was that ,king ,john1 on the   
#aeth day of ,june1 in the year of our  
,lord #abae1 signed those two memorable 
instruments which first disarmed the    
crown of its unlimited prerogatives1 and
 laid the foundation of ,english        
liberty4 ,one was called the ,great     
,charter2 the other1 the ,charter of the
 ,forest4 ,if we look back to the state 
of the nation at that time1 we shall the
 better comprehend the spirit and       

necessity of these grants4  ,besides the
 ecclesiastical jurisprudence1 at that  
time1 two systems of laws1 very         
different from each other in their      
object1 their reason1 and their         
authority1 regulated the interior of the
 kingdom3 the ,forest ,law1 and the     
,common ,law4 ,after the ,northern      
nations had settled here1 and in other  
parts of ,europe1 hunting1 which had    
formerly been the chief means of their  
subsistence1 still continued their      
favorite diversion4 ,great tracts of    
each country1 wasted by the wars in     
which it was conquered1 were set apart  
for this kind of sport1 and guarded in a
 state of desolation by strict laws and 
severe penalties4 ,when1 such waste     
lands were in the hands of subjects1    
they were called ,chases2 when in the   
power of the sovereign1 they were       
denominated ,forests4 ,these forests lay
 properly within the jurisdiction of no 
hundred1 county1 or bishopric2 and      
therefore1 being out both of the ,common

 and the ,spiritual ,law1 they were     
governed by a law of their own1 which   
was such as the king by his private will
 thought proper to impose4 ,there were  
reckoned in ,england no less than       
sixty-eight royal forests1 some of them 
of vast extent4 ,in these great tracts  
were many scattered inhabitants2 and    
several persons had property of         
woodland1 and other soil1 inclosed      
within their bounds4 ,here the king had 
separate courts and particular          
justiciaries2 a complete jurisprudence1 
with all its ceremonies and terms of    
art1 was formed2 and it appears that    
these laws were better digested and more
 carefully enforced than those which    
belonged to civil government4 ,they had1
 indeed1 all the qualities of the worst 
of laws4 ,their professed object was to 
keep a great part of the nation         
desolate4 ,they hindered communication  
and destroyed industry4 ,they had a     
trivial object1 and most severe         
sanctions2 for1 as they belonged        

immediately to the king's personal      
pleasures1 by the lax interpretation of 
treason in those days1 all considerable 
offences against the ,forest ,law1 such 
as killing the beasts of game1 were     
considered as high treason1 and         
punished1 as high treason then was1 by  
truncation of limbs and loss of eyes and
 testicles4 ,hence arose a thousand     
abuses1 vexatious suits1 and pretences  
for imposition upon all those who lived 
in or near these places4 ,the deer were 
suffered to run loose upon their lands2 
and many oppressions were used with     
relation to the claim of commonage which
 the people had in most of the forests4 
,the ,norman kings were not the first   
makers of the ,forest ,law2 it subsisted
 under the ,saxon and ,danish kings4    
,canute the ,great composed a body of   
those laws1 which still remains4 ,but   
under the ,norman kings they were       
enforced with greater rigor1 as the     
whole tenor of the ,norman government   
was more rigorous4 ,besides1 new forests

 were frequently made1 by which private 
property was outraged in a grievous     
manner4 ,nothing1 perhaps1 shows more   
clearly how little men are able to      
depart from the common course of affairs
 than that the ,norman kings1 princes of
 great capacity1 and extremely desirous 
of absolute power1 did not think of     
peopling these forests1 places under    
their own uncontrolled dominion1 and    
which might have served as so many      
garrisons dispersed throughout the      
country4 ,the ,charter of the ,forests  
had for its object the disafforesting   
several of those tracts1 the prevention 
of future afforestings1 the mitigation  
and ascertainment of the punishments for
 breaches of the ,forest ,law4  ,the    
,common ,law1 as it then prevailed in   
,england1 was in a great measure        
composed of some remnants of the old    
,saxon customs1 joined to the feudal    
institutions brought in at the ,norman  
,conquest4 ,and it is here to be        
observed1 that the constitutions of     

,magna ,charta are by no means a renewal
 of the ,laws of ,st4 ,edward1 or the   
ancient ,saxon laws1 as our historians  
and law-writers generally1 though very  
groundlessly1 assert4 ,they bear no     
resemblance in any particular to the    
,laws of ,st4 ,edward1 or to any other  
collection of these ancient             
institutions4 ,indeed1 how should they8 
,the object of ,magna ,charta is the    
correction of the feudal policy1 which  
was first introduced1 at least in any   
regular form1 at the ,conquest1 and did 
not subsist before it4 ,it may be       
further observed1 that in the preamble  
to the ,great ,charter it is stipulated 
that the barons shall hold the liberties
 there granted to them and their heirs1 
from the king and his heirs2 which shows
 that the doctrine of an unalienable    
tenure was always uppermost in their    
minds4 ,their idea even of liberty was  
not 7if ,i may use the expression7      
perfectly free2 and they did not claim  
to possess their privileges upon any    

natural principle or independent bottom1
 but just as they held their lands from 
the king4 ,this is worthy of            
observation4  ,by the ,feudal ,law1 all 
landed property is1 by a feigned        
conclusion1 supposed to be derived1 and 
therefore to be mediately or immediately
 held1 from the crown4 ,if some estates 
were so derived1 others were certainly  
procured by the same original title of  
conquest by which the crown itself was  
acquired1 and the derivation from the   
king could in reason only be considered 
as a fiction of law4 ,but its consequent
 rights being once supposed1 many real  
charges and burdens grew from a fiction 
made only for the preservation of       
subordination2 and in consequence of    
this1 a great power was exercised over  
the persons and estates of the tenants4 
,the fines on the succession to an      
estate1 called in the feudal language   
reliefs1 were not fixed to any          
certainty1 and were therefore frequently
 made so excessive that they might      

rather be considered as redemptions or  
new purchases than acknowledgments of   
superiority and tenure4 ,with respect to
 that most important article of         
marriage1 there was1 in the very nature 
of the feudal holding1 a great restraint
 laid upon it4 ,it was of importance to 
the lord that the person who received   
the feud should be submissive to him2 he
 had1 therefore1 a right to interfere in
 the marriage of the heiress who        
inherited the feud4 ,this right was     
carried further than the necessity      
required3 the male heir himself was     
obliged to marry according to the choice
 of his lord2 and even widows1 who had  
made one sacrifice to the feudal        
tyranny1 were neither suffered to       
continue in the widowed state nor to    
choose for themselves the partners of   
their second bed4 ,in fact1 marriage was
 publicly set up to sale4 ,the ancient  
records of the ,exchequer afford many   
instances where some women purchased by 
heavy fines the privilege of a single   

life1 some the free choice of an        
husband1 others the liberty of rejecting
 some person particularly disagreeable4 
,and what may appear extraordinary1     
there are not wanting examples where a  
woman has fined in a considerable sum1  
that she might not be compelled to marry
 a certain man2 the suitor1 on the other
 hand1 has outbid her1 and solely by    
offering more for the marriage than the 
heiress could to prevent it1 he carried 
his point directly and avowedly against 
her inclinations4 ,now1 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 vassals1 it is hard to       
conceive a more general and cruel       
grievance than this shameful market1    
which so universally outraged the most  
sacred relations among mankind4 ,but the
 tyranny over women was not over with   
the marriage4 ,as the king seized into  
his hands the estate of every deceased  
tenant in order to secure his relief1   

the widow was driven often by an heavy  
composition to purchase the admission to
 her dower1 into which it should seem   
she could not enter without the king's  
consent4  ,all these were marks of a    
real and grievous servitude4 ,the ,great
 ,charter was made1 not to destroy the  
root1 but to cut short the overgrown    
branches of the feudal service3 first1  
in moderating and in reducing to a      
certainty the reliefs which the king's  
tenants paid on succeeding to their     
estate according to their rank2 and1    
secondly1 in taking off some of the     
burdens which had been laid on marriage1
 whether compulsory or restrictive1 and 
thereby preventing that shameful market 
which had been made in the persons of   
heirs1 and the most sacred things       
amongst mankind4  ,there were other     
provisions made in the ,great ,charter  
that went deeper than the feudal tenure1
 and affected the whole body of the     
civil government4 ,a great part of the  
king's revenue then consisted in the    

fines and amercements which were imposed
 in his courts4 ,a fine was paid there  
for liberty to commence or to conclude a
 suit4 ,the punishment of offences by   
fine was discretionary2 and this        
discretionary power had been very much  
abused4 ,but by ,magna ,charta1 things  
were so ordered1 that a delinquent might
 be punished1 but not ruined1 by a fine 
or amercement2 because the degree of his
 offence1 and the rank he held1 were to 
be taken into consideration4 ,his       
freehold1 his merchandise1 and those    
instruments by which he obtained his    
livelihood were made sacred from such   
impositions4  ,a more grand reform was  
made with regard to the administration  
of justice4 ,the kings in those days    
seldom resided long in one place1 and   
their courts followed their persons4    
,this erratic justice must have been    
productive of infinite inconvenience to 
the litigants4 ,it was now provided that
 civil suits1 called ,common ,pleas1    
should be fixed to some certain place4  

,thus one branch of jurisdiction was    
separated from the king's court1 and    
detached from his person4 ,they had not 
yet come to that maturity of            
jurisprudence as to think this might be 
made to extend to criminal law also1 and
 that the latter was an object of still 
greater importance4 ,but even the former
 may be considered as a great           
revolution4 ,a tribunal1 a creature of  
mere law1 independent of personal power1
 was established2 and this separation of
 a king's authority from his person was 
a matter of vast consequence towards    
introducing ideas of freedom1 and       
confirming the sacredness and majesty of
 laws4  ,but the grand article1 and that
 which cemented all the parts of the    
fabric of liberty1 was this1--that no   
freeman shall be taken1 or imprisoned1  
or disseized1 or outlawed1 or banished1 
or in any wise destroyed1 but by        
judgment of his peers4  ,there is       
another article of nearly as much       
consequence as the former1 considering  

the state of the nation at that time1 by
 which it is provided that the barons   
shall grant to their tenants the same   
liberties which they had stipulated for 
themselves4 ,this prevented the kingdom 
from degenerating into the worst        
imaginable government1 a feudal         
aristocracy4 ,the ,english barons were  
not in the condition of those great     
princes who had made the ,french        
monarchy so low in the preceding        
century1 or like those who reduced the  
,imperial power to a name4 ,they had    
been brought to moderate bounds1 by the 
policy of the first and second ,henrys1 
and were not in a condition to set up   
for petty sovereigns by an usurpation   
equally detrimental to the crown and the
 people4 ,they were able to act only in 
confederacy2 and this common cause made 
it necessary to consult the common good1
 and to study popularity by the equity  
of their proceedings4 ,this was a very  
happy circumstance to the growing       
liberty4  ,these concessions were so    

just and reasonable1 that1 if we except 
the force1 no prince could think himself
 wronged in making them4 ,but to secure 
the observance of these articles1       
regulations were made1 which1 whilst    
they were regarded1 scarcely left a     
shadow of regal power4 ,and the barons  
could think of no measures for securing 
their freedom1 but such as were         
inconsistent with monarchy4 ,a council  
of twenty-five barons was to be chosen  
by their own body1 without any          
concurrence of the king1 in order to    
hear and determine upon all complaints  
concerning the breach of the charter2   
and as these charters extended to almost
 every part of government1 a tribunal of
 his enemies was set up who might pass  
judgment on all his actions4 ,and that  
force might not be wanting to execute   
the judgments of this new tribunal1 the 
king agreed to issue his own writs to   
all persons1 to oblige them to take an  
oath of obedience to the twenty-five    
barons1 who were empowered to distress  

him by seizure of his lands and castles1
 and by every possible method1 until the
 grievance complained of was redressed  
according to their pleasure3 his own    
person and his family were alone        
exempted from violence4  ,by these last 
concessions1 it must be confessed1 he   
was effectually dethroned1 and with all 
the circumstances of indignity which    
could be imagined4 ,he had refused to   
govern as a lawful prince1 and he saw   
himself deprived of even his legal      
authority4 ,he became of no sort of     
consequence in his kingdom2 he was held 
in universal contempt and derision2 he  
fell into a profound melancholy4 ,it was
 in vain that he had recourse to the    
,pope1 whose power he had found         
sufficient to reduce1 but not to support
 him4 ,the censures of the ,holy ,see1  
which had been fulminated at his desire1
 were little regarded by the barons1 or 
even by the clergy1 supported in this   
resistance by the firmness of their     
archbishop1 who acted with great vigor  

in the cause of the barons1 and even    
delivered into their hands the fortress 
of ,rochester1 one of the most important
 places in the kingdom4 ,after much     
meditation the king at last resolved    
upon a measure of the most extreme kind1
 extorted by shame1 revenge1 and        
despair1 but1 considering the           
disposition of the time1 much the most  
effectual that could be chosen4 ,he     
dispatched emissaries into ,france1 into
 the ,low ,countries and ,germany1 to   
raise men for his service4 ,he had      
recourse to the same measures to bring  
his kingdom to obedience which his      
predecessor1 ,william1 had used to      
conquer it4 ,he promised to the         
adventurers in his quarrel the lands of 
the rebellious barons1 and it is said   
even empowered his agents to make       
charters of the estates of several      
particulars4 ,the utmost success        
attended these negotiations in an age   
when ,europe abounded with a warlike and
 poor nobility1 with younger brothers1  

for whom there was no provision in      
regular armies1 who seldom entered into 
the ,church1 and never applied          
themselves to commerce1 and when every  
considerable family was surrounded by an
 innumerable multitude of retainers and 
dependants1 idle1 and greedy of war and 
pillage4 ,the ,crusade had universally  
diffused a spirit of adventure2 and if  
any adventure had the ,pope's           
approbation1 it was sure to have a      
number of followers4  ,john waited the  
effect of his measures4 ,he kept up no  
longer the solemn mockery of a court1 in
 which a degraded long must always have 
been the lowest object4 ,he retired to  
the ,isle of ,wight3 his only companions
 were sailors and fishermen1 among whom 
he became extremely popular4 ,never was 
he more to be dreaded than in this      
sullen retreat1 whilst the barons amused
 themselves by idle jests and vain      
conjectures on his conduct4 ,such was   
the strange want of foresight in that   
barbarous age1 and such the total       

neglect of design in their affairs1 that
 the barons1 when1 they had got the     
charter1 which was weakened even by the 
force by which it was obtained and the  
great power which it granted1 set no    
watch upon the king1 seemed to have no  
intelligence of the great and open      
machinations which were carrying on     
against them1 and had made no sort of   
dispositions for their defence4 ,they   
spent their time in tournaments and     
bear-baitings1 and other diversions     
suited to the fierce rusticity of their 
manners4 ,at length the storm broke     
forth1 and found them utterly           
unprovided4 ,the ,papal excommunication1
 the indignation of their prince1 and a 
vast army of lawless and bold           
adventurers were poured down at once    
upon their heads4 ,such numbers were    
engaged in this enterprise that forty   
thousand are said to have perished at   
sea4 ,yet a number still remained       
sufficient to compose two great armies1 
one of which1 with the enraged king at  

its head1 ravaged without mercy the     
,north of ,england1 whilst the other    
turned all the ,west to a like scene of 
blood and desolation4 ,the memory of    
,stephen's wars was renewed1 with every 
image of horror1 misery1 and crime4 ,the
 barons1 dispersed and trembling in     
their castles1 waited who should fall   
the next victim4 ,they had no army able 
to keep the field4 ,the ,archbishop1 on 
whom they had great reliance1 was       
suspended from his functions4 ,there was
 no hope even from submission3 the king 
could not fulfil his engagements to his 
foreign troops at a cheaper rate than   
the utter ruin of his barons4           
,sidenote3 ,a4,d4 #abaf  ,in these      
circumstances of despair they resolved  
to have recourse to ,philip1 the ancient
 enemy of their country4 ,throwing off  
all allegiance to ,john1 they agreed to 
accept ,louis1 the son of that monarch1 
as their king4 ,philip had once more an 
opportunity of bringing the crown of    
,england into his family1 and he readily

 embraced it4 ,he immediately sent his  
son into ,england with seven hundred    
ships1 and slighted the menaces and     
excommunications of the ,pope1 to attain
 the same object for which he had       
formerly armed to support and execute   
them4 ,the affairs of the barons assumed
 quite a new face by this reinforcement1
 and their rise was as sudden and       
striking as their fall4 ,the foreign    
army of ,king ,john1 without discipline1
 pay1 or order1 ruined and wasted in the
 midst of its successes1 was little able
 to oppose the natural force of the     
country1 called forth and recruited by  
so considerable a succor4 ,besides1 the 
,french troops who served under ,john1  
and made a great part of his army1      
immediately went over to the enemy1     
unwilling to serve against their        
sovereign in a cause which now began to 
look desperate4 ,the son of the ,king of
 ,france was acknowledged in ,london1   
and received the homage of all ranks of 
men4 ,john1 thus deserted1 had no other 

ally than the ,pope1 who indeed served  
him to the utmost of his power1 but with
 arms to which the circumstances of the 
time alone can give any force4 ,he      
excommunicated ,louis and his adherents2
 he laid ,england under an interdict2 he
 threatened the ,king of ,france himself
 with the same sentence3 but ,philip    
continued firm1 and the interdict had   
little effect in ,england4 ,cardinal    
,langton1 by his remarkable address1 by 
his interest in the ,sacred ,college1   
and his prudent submissions1 had been   
restored to the exercise of his office2 
but1 steady to the cause he had first   
espoused1 he made use of the recovery of
 his authority to carry on his old      
designs against the king and the ,pope4 
,he celebrated divine service in spite  
of the interdict1 and by his influence  
and example taught others to despise it4
 ,the king1 thus deserted1 and now only 
solicitous for his personal safety1     
rambled1 or rather fled1 from place to  
place1 at the head of a small party4 ,he

 was in great danger in passing a marsh 
in ,norfolk1 in which he lost the       
greatest part of his baggage1 and his   
most valuable effects4 ,with difficulty 
he escaped to the monastery of          
,swineshead1 where1 violently agitated  
by grief and disappointments1 his late  
fatigue and the use of an improper diet 
threw him into a fever1 of which he died
 in a few days at ,newark1 not without  
suspicion of poison1 after a reign1 or  
rather a struggle to reign1 for eighteen
 years1 the most turbulent and          
calamitous both to king and people of   
any that are recorded in the ,english   
history4  ,it may not be improper to    
pause here for a few moments1 and to    
consider a little more minutely the     
causes which had produced the grand     
revolution in favor of liberty by which 
this reign was distinguished1 and to    
draw all the circumstances which led to 
this remarkable event into a single     
point of view4 ,since the death of      
,edward the ,confessor only two princes 

succeeded to the crown upon undisputed  
titles4 ,william the ,conqueror         
established his by force of arms4 ,his  
successors were obliged to court the    
people by yielding many of the          
possessions and many of the prerogatives
 of the crown2 but they supported a     
dubious title by a vigorous             
administration1 and recovered by their  
policy1 in the course of their reign1   
what the necessity of their affairs     
obliged them to relinquish for the      
establishment of their power4 ,thus was 
the nation kept continually fluctuating 
between freedom and servitude4 ,but the 
principles of freedom were predominant1 
though the thing itself was not yet     
fully formed4 ,the continual struggle of
 the clergy for the ecclesiastical      
liberties laid open at the same time the
 natural claims of the people2 and the  
clergy were obliged to show some respect
 for those claims1 in order to add      
strength to their own party4 ,the       
concessions which ,henry the ,second    

made to the ecclesiastics on the death  
of ,becket1 which were afterwards       
confirmed by ,richard the ,first1 gave a
 grievous blow to the authority of the  
crown2 as thereby an order of so much   
power and influence triumphed over it in
 many essential points4 ,the latter of  
these princes brought it very low by the
 whole tenor of his conduct4 ,always    
abroad1 the royal authority was felt in 
its full vigor1 without being supported 
by the dignity or softened by the       
graciousness of the royal presence4     
,always in war1 he considered his       
dominions only as a resource for his    
armies4 ,the demesnes of the crown were 
squandered4 ,every office in the state  
was made vile by being sold4 ,excessive 
grants1 followed by violent and         
arbitrary resumptions1 tore to pieces   
the whole contexture of the government4 
,the civil tumults which arose in that  
king's absence showed that the king's   
lieutenants at least might be disobeyed 
with impunity4 ,then came ,john to the  

crown4 ,the arbitrary taxes which he    
imposed very early in his reign1 which1 
offended even more by the improper use  
made of them than their irregularity1   
irritated the people extremely1 and     
joined with all the preceding causes to 
make his government contemptible4 ,henry
 the ,second1 during his contests with  
the ,church1 had the address to preserve
 the barons in his interests4           
,afterwards1 when the barons had joined 
in the rebellion of his children1 this  
wise prince found means to secure the   
bishops and ecclesiastics4 ,but ,john   
drew upon himself at once the hatred of 
all orders of his subjects4 ,his        
struggle with the ,pope weakened him2   
his submission to the ,pope weakened him
 yet more4 ,the loss of his foreign     
territories1 besides what he lost along 
with them in reputation1 made him       
entirely dependent upon ,england3       
whereas his predecessors made one part  
of their territories subservient to the 
preservation of their authority in      

another1 where it was endangered4 ,add  
to all these causes the personal        
character of the king1 in which there   
was nothing uniform or sincere1 and     
which introduced the like unsteadiness  
into all his government4 ,he was        
indolent1 yet restless1 in his          
disposition2 fond of working by violent 
methods1 without any vigor2 boastful1   
but continually betraying his fears2    
showing on all occasions such a desire  
of peace as hindered him from ever      
enjoying it4 ,having no spirit of order1
 he never looked forward1--content by   
any temporary expedient to extricate    
himself from a present difficulty4      
,rash1 arrogant1 perfidious1            
irreligious1 unquiet1 he made a         
tolerable head of a party1 but a bad    
king1 and had talents fit to disturb    
another's government1 not to support his
 own4  ,a most striking contrast        
presents itself between the conduct and 
fortune of ,john and his adversary      
,philip4 ,philip came to the crown when 

many of the provinces of ,prance1 by    
being in the hands of too powerful      
vassals1 were in a manner dismembered   
from the kingdom2 the royal authority   
was very low in what remained4 ,he      
reunited to the crown a country as      
valuable as what belonged to it before2 
he reduced his subjects of all orders to
 a stricter obedience than they had     
given to his predecessors2 he withstood 
the ,papal usurpation1 and yet used it  
as an instrument in his designs3 whilst 
,john1 who inherited a great territory  
and an entire prerogative1 by his vices 
and weakness gave up his independency to
 the ,pope1 his prerogative to his      
subjects1 and a large part of his       
dominions to the ,king of ,france4      
,,footnotes3  #hb ,a word of uncertain  
derivation1 but which signifies some    
scandalous species of cowardice4        
,,chapter ,,ix4  ,,fragment4--,,an      
,,essay ,,towards ,,an ,,history ,,of   
,,the ,,laws ,,of ,,england4   ,there is
 scarce any object of curiosity more    

rational than the origin1 the progress1 
and the various revolutions of human    
laws4 ,political and military relations 
are for the greater part accounts of the
 ambition and violence of mankind3 this 
is an history of their justice4 ,and    
surely there cannot be a more pleasing  
speculation than to trace the advances  
of men in an attempt to imitate the     
,supreme ,ruler in one of the most      
glorious of ,his attributes1 and to     
attend them in the exercise of a        
prerogative which it is wonderful to    
find intrusted to the management of so  
weak a being4 ,in such an inquiry we    
shall1 indeed1 frequently see great     
instances of this frailty2 but at the   
same time we shall behold such noble    
efforts of wisdom and equity as seem    
fully to justify the reasonableness of  
that extraordinary disposition by which 
men1 in one form or other1 have been    
always put under the dominion of        
creatures like themselves4 ,for what can
 be more instructive than to search out 

the first obscure and scanty fountains  
of that jurisprudence which now waters  
and enriches whole nations with so      
abundant and copious a flood1--to       
observe the first principles of ,,right 
springing up1 involved in superstition  
and polluted with violence1 until by    
length of time and favorable            
circumstances it has worked itself into 
clearness3 the laws sometimes lost and  
trodden down in the confusion of wars   
and tumults1 and sometimes overruled by 
the hand of power2 then1 victorious over
 tyranny1 growing stronger1 clearer1 and
 more decisive by the violence they had 
suffered2 enriched even by those foreign
 conquests which threatened their entire
 destruction2 softened and mellowed by  
peace and religion2 improved and exalted
 by commerce1 by social intercourse1 and
 that great opener of the mind1         
ingenuous science8  ,these certainly    
were great encouragements to the study  
of historical jurisprudence1            
particularly of our own4 ,nor was there 

a want of materials or help for such an 
undertaking4 ,yet we have had few       
attempts in that province4 ,lord ,chief 
,justice ,hale's ,history of the ,common
 ,law is1 ,i think1 the only one1 good  
or bad1 which we have4 ,but with all the
 deference justly due to so great a     
name1 we may venture to assert that this
 performance1 though not without merit1 
is wholly unworthy of the high          
reputation of its author4 ,the sources  
of our ,english law are not well1 nor   
indeed fairly1 laid open2 the ancient   
judicial proceedings are touched in a   
very slight and transient manner2 and   
the great changes and remarkable        
revolutions in the law1 together with   
their causes1 down to his time1 are     
scarcely mentioned4  ,of this defect ,i 
think there were two principal causes4  
,the first1 a persuasion1 hardly to be  
eradicated from the minds of our        
lawyers1 that the ,english law has      
continued very much in the same state   
from an antiquity to which they will    

allow hardly any sort of bounds4 ,the   
second is1 that it was formed and grew  
up among ourselves2 that it is in every 
respect peculiar to this island2 and    
that1 if the ,roman or any foreign laws 
attempted to intrude into its           
composition1 it has always had vigor    
enough to shake them off1 and return to 
the purity of its primitive             
constitution4  ,these opinions are      
flattering to national vanity and       
professional narrowness2 and though they
 involved those that supported them in  
the most glaring contradictions1 and    
some absurdities even too ridiculous to 
mention1 we have always been1 and in a  
great measure still are1 extremely      
tenacious of them4 ,if these principles 
are admitted1 the history of the law    
must in a great measure be deemed1      
superfluous4 ,for to what purpose is a  
history of a law of which it is         
impossible to trace the beginning1 and  
which during its continuance has        
admitted no essential changes8 ,or why  

should we search foreign laws or        
histories for explanation or ornament of
 that which is wholly our own1 and by   
which we are effectually distinguished  
from all other countries8 ,thus the law 
has been confined1 and drawn up into a  
narrow and inglorious study1 and that   
which should be the leading science in  
every well-ordered commonwealth remained
 in all the barbarism of the rudest     
times1 whilst every other advanced by   
rapid steps to the highest improvement  
both in solidity and elegance2 insomuch 
that the study of our jurisprudence     
presented to liberal and well-educated  
minds1 even in the best authors1 hardly 
anything but barbarous terms1 ill       
explained1 a coarse1 but not a plain    
expression1 an indigested method1 and a 
species of reasoning the very refuse of 
the schools1 which deduced the spirit of
 the law1 not from original justice or  
legal conformity1 but from causes       
foreign to it and altogether whimsical4 
,young men were sent away with an       

incurable1 and1 if we regard the manner 
of handling rather than the substance1 a
 very well-founded disgust4 ,the famous 
antiquary1 ,spelman1 though no man was  
better formed for the most laborious    
pursuits1 in the beginning deserted the 
study of the law in despair1 though he  
returned to it again when a more        
confirmed age and a strong desire of    
knowledge enabled him to wrestle with   
every difficulty4  ,the opinions which  
have drawn the law into such narrowness1
 as they are weakly founded1 so they are
 very easily refuted4 ,with regard to   
that species of eternity which they     
attribute to the ,english law1 to say   
nothing of the manifest contradictions  
in which those involve themselves who   
praise it for the frequent improvements 
it has received1 and at the same time   
value it for having remained without any
 change in all the revolutions of       
government1 it is obvious1 on the very  
first view of the ,saxon laws1 that we  
have entirely altered the whole frame of

 our jurisprudence since the ,conquest4 
,hardly can we find in these old        
collections a single title which is law 
at this day2 and one may venture to     
assert1 without much hazard1 that1 if   
there were at present a nation governed 
by the ,saxon laws1 we should find it   
difficult to point out another so       
entirely different from everything we   
now see established in ,england4  ,this 
is a truth which requires less sagacity 
than candor to discover4 ,the spirit of 
party1 which has misled us in so many   
other particulars1 has tended greatly to
 perplex us in this matter4 ,for as the 
advocates for prerogative would1 by a   
very absurd consequence drawn from the  
,norman ,conquest1 have made all our    
national rights and liberties to have   
arisen from the grants1 and therefore to
 be revocable at the will of the        
sovereign1 so1 on the other hand1 those 
who maintained the cause of liberty did 
not support it upon more solid          
principles4 ,they would hear of no      

beginning to any of our privileges1     
orders1 or laws1 and1 in order to gain  
them a reverence1 would prove that they 
were as old as the nation2 and to       
support that opinion1 they put to the   
torture all the ancient monuments4      
,others1 pushing things further1 have   
offered a still greater violence to     
them4 ,n4 ,bacon1 in order to establish 
his republican1 system1 has so distorted
 all the evidence he has produced1      
concealed so many things of consequence1
 and thrown such false colors upon the  
whole argument1 that ,i know no book so 
likely to mislead the reader in our     
antiquities1 if yet it retains any      
authority4 ,in reality1 that ancient    
,constitution and those ,saxon laws make
 little or nothing for any of our modern
 parties1 and1 when fairly laid open1   
will be found to compose such a system  
as none1 ,i believe1 would think it     
either practicable or desirable to      
establish4 ,i am sensible that nothing  
has been1 a larger theme of panegyric   

with1 all our writers on politics and   
history than the ,anglo-,saxon          
government2 and it is impossible not to 
conceive an high1 opinion of its laws1  
if we rather consider what is said of   
them than what they visibly are4 ,these 
monuments of our pristine rudeness still
 subsist2 and they stand out of         
themselves indisputable evidence to     
confute the popular declamations of     
those writers who would persuade us that
 the crude institutions of an unlettered
 people had reached a perfection which  
the united efforts of inquiry1          
experience1 learning1 and necessity have
 not been able to attain in many ages4  
,but the truth is1 the present system of
 our laws1 like our language and our    
learning1 is a very mixed and           
heterogeneous mass3 in some respects our
 own2 in more borrowed from the policy  
of foreign1 nations1 and compounded1    
altered1 and variously modified1        
according to the various necessities    
which the manners1 the religion1 and the

 commerce of the people have at         
different times imposed4 ,it is our     
business1 in some measure1 to follow and
 point out these changes and            
improvements3 a task we undertake1 not  
from any ability for the greatness of   
such a work1 but purely to give some    
short and plain account of these matters
 to the very ignorant4  ,the ,law of the
 ,romans seems utterly to have expired  
in this island together with their      
empire1 and that1 too1 before the ,saxon
 establishment4 ,the ,anglo-,saxons came
 into ,england as conquerors4 ,they     
brought their own customs with them1 and
 doubtless did not take laws from1 but  
imposed theirs upon1 the people they had
 vanquished4 ,these customs of the      
conquering nation were without question 
the same1 for the greater part1 they had
 observed before their migration from   
,germany4 ,the best image we have of    
them is to be found in ,tacitus4 ,but   
there is reason to believe that some    
changes were made suitable to the       

circumstances of their new settlement1  
and to the change their constitution    
must have undergone by adopting a kingly
 government1 not indeed with unlimited  
sway1 but certainly with greater powers 
than their leaders possessed whilst they
 continued in ,germany4 ,however1 we    
know very little of what was done in    
these respects until their conversion to
 ,christianity1 a revolution which made 
still more essential changes in their   
manners and government4 ,for immediately
 after the conversion of ,ethelbert1    
,king of ,kent1 the missionaries1 who   
had introduced the use of letters1 and  
came from ,rome full of the ideas of the
 ,roman civil establishment1 must have  
observed the gross defect arising from a
 want of written and permanent laws4    
,the king1#hc from their report of the  
,roman method1 and in imitation of it1  
first digested the most material customs
 of this kingdom into writing1 without  
having adopted anything from the ,roman 
law1 and only adding some regulations   

for the support and encouragement of the
 new religion4 ,these laws still exist1 
and strongly mark the extreme simplicity
 of manners and poverty of conception of
 the legislators4 ,they are written in  
the ,english of that time2 and1 indeed1 
all the laws of the ,anglo-,saxons      
continued in that language down to the  
,norman ,conquest4 ,this was different  
from the method of the other ,northern  
nations1 who made use only of the ,latin
 language in all their codes4 ,and ,i   
take the difference to have arisen from 
this4 ,at the time when the ,visigoths1 
the ,lombards1 the ,franks1 and the     
other ,northern nations on the continent
 compiled their laws1 the provincial    
,romans were very numerous amongst them1
 or1 indeed1 composed the body of the   
people4 ,the ,latin1 language was yet   
far from extinguished2 so that1 as the  
greatest part of those who could write  
were ,romans1 they found it difficult to
 adapt their characters to these rough  
,northern tongues1 and therefore chose  

to write in ,latin1 which1 though not   
the language of the legislator1 could   
not be very incommodious1 as they could 
never fail of interpreters2 and for this
 reason1 not only their laws1 but all   
their ordinary transactions1 were       
written in that language4 ,but in       
,england1 the ,roman name and language  
having entirely vanished in the seventh 
century1 the missionary monks were      
obliged to contend with the difficulty1 
and to adapt foreign characters to the  
,english language2 else none but a very 
few could possibly have drawn any       
advantage from the things they meant to 
record4 ,and to this it was owing that  
many1 even the ecclesiastical           
constitutions1 and not a few of the     
ordinary evidences of the land1 were    
written in the language of the country4 
,this example of written laws being     
given by ,ethelbert1 it was followed by 
his successors1 ,edric and ,lothaire4   
,the next legislator amongst the        
,english1 was ,ina1 ,king of the ,west  

,saxons1 a prince famous in his time for
 his wisdom and his piety4 ,his laws1 as
 well as those of the above-mentioned   
princes1 still subsist4 ,but we must    
always remember that very few of these  
laws contained any new regulation1 but  
were rather designed to affirm their    
ancient customs1 and to preserve and fix
 them2 and accordingly they are all     
extremely rude and imperfect4 ,we read  
of a collection of laws by ,offa1 ,king 
of the ,mercians2 but they have been    
long since lost4  ,the ,anglo-,saxon    
laws1 by universal consent of all       
writers1 owe more to the care and       
sagacity of ,alfred than of any of the  
ancient kings4 ,in the midst of a cruel 
war1 of which he did not see the        
beginning nor live to see the end1 he   
did more for the establishment of order 
and justice than any other prince has   
been known to do in the profoundest     
peace4 ,many of the institutions        
attributed to him undoubtedly were not  
of his establishment3 this shall be     

shown1 when we come to treat more       
minutely of the institutions4 ,but it is
 clear that he raised1 as it were1 from 
the ashes1 and put new life and vigor   
into the whole body of the law1 almost  
lost and forgotten in the ravages of the
 ,danish war2 so that1 having revived1  
and in all likelihood improved1 several 
ancient national regulations1 he has    
passed for their author1 with a         
reputation perhaps more just than if he 
had invented them4 ,in the prologue     
which he wrote to his own code1 he      
informs us that he collected there      
whatever appeared to him most valuable  
in the laws of ,ina and ,offa and others
 of his progenitors1 omitting what he   
thought wrong in itself or not adapted  
to the time2 and he seems to have done  
this with no small judgment4  ,the      
princes who succeeded him1 having by his
 labors enjoyed more repose1 turned     
their minds to the improvement of the   
law2 and there are few of them who have 
not left us some collection more or less

 complete4  ,when the ,danes had        
established their empire1 they showed   
themselves no less solicitous than the  
,english to collect and enforce the     
laws3 seeming desirous to repair all the
 injuries they had formerly committed   
against them4 ,the code of ,canute the  
,great is one of the most moderate1     
equitable1 and full1 of any of the old  
collections4 ,there was no material     
change1 if any at all1 made in their    
general system by the ,danish conquest4 
,they were of the original country of   
the ,saxons1 and could not have differed
 from them in the groundwork of their   
policy4 ,it appears by the league       
between ,alfred and ,guthrum1 that the  
,danes took their laws from the         
,english1 and accepted them as a favor4 
,they were more newly come out of the   
,northern barbarism1 and wanted the     
regulations necessary to a civil        
society4 ,but under ,canute the ,english
 law received considerable improvement4 
,many of the old ,english customs1      

which1 as that monarch justly observes1 
were truly odious1 were abrogated2 and1 
indeed1 that code is the last we have   
that belongs to the period before the   
,conquest4 ,that monument called the    
,laws of ,edward the ,confessor is      
certainly of a much later date2 and what
 is extraordinary1 though the historians
 after the ,conquest continually speak  
of the ,laws of ,king ,edward1 it does  
not appear that he ever made a          
collection1 or that any such laws       
existed at that time4 ,it appears by the
 preface to the ,laws of ,st4 ,edward1  
that these written constitutions were   
continually falling into disuse4        
,although these laws had undoubtedly    
their authority1 it was1                
notwithstanding1 by traditionary customs
 that the people were for the most part 
governed1 which1 as they varied somewhat
 in different provinces1 were           
distinguished accordingly by the names  
of the ,west ,saxon1 the ,mercian1 and  
the ,danish ,law2 but this produced no  

very remarkable inconvenience1 as those 
customs seemed to differ from each      
other1 and from the written laws1 rather
 in the quantity and nature of their    
pecuniary mulcts than in anything       
essential4  ,if we take a review of     
these ancient constitutions1 we shall   
observe that their sanctions are mostly 
confined to the following objects4      
#ast4 ,the preservation of the peace4   
,this is one of the largest titles2 and 
it shows the ancient ,saxons to have    
been a people extremely prone to        
quarrelling and violence4 ,in some cases
 the law ventures only to put this      
disposition under regulations3#hd       
prescribing that no man shall fight with
 another until he has first called him  
to justice in a legal way2 and then lays
 down the terms under which he may      
proceed to hostilities4 ,the other less 
premeditated quarrels1 in meetings for  
drinking or business1 were considered as
 more or less heinous1 according to the 
rank of the person in whose house the   

dispute happened1 or1 to speak the      
language of that time1 whose peace they 
had violated4  #b;d4 ,in proportioning  
the pecuniary mulcts imposed by them for
 all1 even the highest crimes1 according
 to the dignify of the person injured1  
and to the quantity of the offence4 ,for
 this purpose they classed the people   
with great regularity and exactness1    
both in the ecclesiastic and the secular
 lines1 adjusting with great care the   
ecclesiastical to the secular dignities2
 and they not only estimated each man's 
life according to his quality1 but they 
set a value upon every limb and member1 
down even to teeth1 hair1 and nails2 and
 these are the particulars in which     
their laws are most accurate and best   
defined4  #c;d4 ,in settling the rules  
and ceremonies of their oaths1 their    
purgations1 and the whole order and     
process of their superstitious justice3 
for by these methods they seem to have  
decided all controversies4  #dth4 ,in   
regulating the several fraternities of  

,frank-pledges1 by which all the people 
were naturally bound to their good      
behavior to one another and to their    
superiors2 in all which they were       
excessively strict1 in order to supply  
by the severity of this police the      
extreme laxity and imperfection of their
 laws1 and the weak and precarious      
authority of their kings and            
magistrates4  ,these1 with some         
regulations for payment of tithes and   
,church dues1 and for the discovery and 
pursuit of stealers of cattle1 comprise 
almost all the titles deserving notice  
in the ,saxon laws4 ,in those laws there
 are frequently to be observed          
particular institutions1 well and       
prudently framed2 but there is no       
appearance of a regular1 consistent1 and
 stable jurisprudence4 ,however1 it is  
pleasing to observe something of equity 
and distinction gradually insinuating   
itself into these unformed materials1   
and some transient flashes of light     
striking across the gloom which prepared

 for the full day that shone out        
afterwards4 ,the clergy1 who kept up a  
constant communication with ,rome1 and  
were in effect the ,saxon legislators1  
could not avoid gathering some          
informations from a law which never was 
perfectly extinguished in that part of  
the world4 ,accordingly we find one of  
its principles had strayed hither so    
early as the time of ,edric and         
,lothaire4#he ,there are two maxims#hf  
of civil law in their proper terms in   
the code of ,canute the ,great1 who made
 and authorized that collection after   
his pilgrimage to ,rome2 and at this    
time1 it is remarkable1 we find the     
institutions of other nations imitated4 
,in the same collection there is an     
express reference to the laws of the    
,werini4 ,from hence it is plain that   
the resemblance between the polity of   
the several ,northern nations did not   
only arise from their common original1  
but also from their adopting1 in some   
cases1 the constitutions of those       

amongst them who were most remarkable   
for their wisdom4  ,in this state the   
law continued until the ,norman         
,conquest4 ,but we see that even before 
that period the ,english law began to be
 improved by taking in foreign learning2
 we see the canons of several councils  
mixed indiscriminately with the civil   
constitutions2 and1 indeed1 the greatest
 part of the reasoning and equity to be 
found in them seems to be derived from  
that source4  ,hitherto we have observed
 the progress of the ,saxon laws1 which1
 conformably to their manners1 were rude
 and simple1--agreeably to their        
confined situation1 very narrow1--and   
though in some degree1 yet not very     
considerably1 improved by foreign       
communication4 ,however1 we can plainly 
discern its three capital sources4      
,first1 the ancient traditionary customs
 of the ,north1 which1 coming upon this 
and the other civilized parts of ,europe
 with the impetuosity of a conquest1    
bore down all the ancient               

establishments1 and1 by being suited to 
the genius of the people1 formed1 as it 
were1 the great body and main stream of 
the ,saxon laws4 ,the second source was 
the canons of the ,church4 ,as yet1     
indeed1 they were not reduced into      
system and a regular form of            
jurisprudence2 but they were the law of 
the clergy1 and consequently influenced 
considerably a people over whom that    
order had an almost unbounded authority4
 ,they corrected1 mitigated1 and        
enriched those rough ,northern          
institutions2 and the clergy having     
once1 bent the stubborn necks of that   
people to the yoke of religion1 they    
were the more easily susceptible of     
other changes introduced under the same 
sanction4 ,these formed the third       
source1--namely1 some parts of the      
,roman civil law1 and the customs of    
other ,german nations4 ,but this source 
appears to have been much the smallest  
of the three1 and was yet               
inconsiderable4  ,the ,norman ,conquest 

is the great era of our laws4 ,at this  
time the ,english jurisprudence1 which1 
had hitherto continued a poor stream1   
fed from some few1 and those scanty     
sources1 was all at once1 as from a     
mighty flood1 replenished with a vast   
body of foreign learning1 by which1     
indeed1 it might be said rather to have 
been increased than much improved3 for  
this foreign law1 being imposed1 not    
adopted1 for a long time bore strong    
appearances of that violence by which it
 had been first introduced4 ,all our    
monuments bear a strong evidence to this
 change4 ,new courts of justice1 new    
names and powers of officers1 in a word1
 a new tenure of land as well as new    
possessors of it1 took place4 ,even the 
language of public proceedings was in a 
great measure changed4  ,,footnotes3    
#hc ,decreta illi judiciorum juxta      
exempla ,romanorum cum consilio         
sapientium constituit4--,beda1 ,eccl4   
,hist4 ,lib4 ,,ii4 c4 #e4  #hd ,leg4    
lfred4 #ch1 ,de ,pugna4  #he ,justum est

 ut proles matrem sequatur4--,edric and 
,lothaire4  #hf ,negatio potior est     
affirmatione4 ,possessio proprior est   
habenti quam deinceps repetenti4--,l4   
,cnut4     ,,end ,,of ,,vol4 ,,vii4