may conftruct a building for common purposes as fkilfully as a Vitruvius or a Palladio: and the dulleft Serjeant of the Common Pleas might, for aught we fee, have reported these Cafes as well as Sir William Blackftone. By comparing them with contemporary Reporters, it will appear that the firft volume is inferior to Burrow, and the fecond not fuperior to Wilson. Indeed the Cafes that compofe the firft volume being taken at different times, when the Reporter was very young, and when his attendance was much interrupted by his frequent calls to Oxford, we are on every account furprized that he should have directed their publication at his death. But Mr. Juftice Blackftone, with his other good qualities, was ftrictly what the world calls a Prudent man. He knew his name would fell (to speak in the language of the trade) a much more indifferent work than the prefent; and a defire of encreafing his perfonal estate may be well ex ufed in the father of a large family; but perhaps was not worthy of a great literary character.-This obfervation we mean to confine to the firft of the two volumes now before us, which we are very certain will not add to his reputation, either at the Bar or with the Bench. Art. II. Free Thoughts on defpotic and free Governments, as conneЯed with the Happiness of the Governor and the Governed. Small 8vo. 4s. bound. Dilly. 1781. T * HE object of this volume is of the laft importance to the intereft and peace of fociety, with all its connections and dependencies, whether of a civil or an ecclefiaftical nature. The worthy Author bath profecuted it with a fpirit of zeal and benevolence. We moft heartily applaud the defign; nor can we deny fome tribute of commendation to the execution. We can not fay, that the subject is treated with any peculiar degree of èlegance or fagacity;-we cannot fay, that the Author hath thrown any new lights on it; but he writes like a good man, the friend of freedom, and the lover of human kind. He writes with eafe and perfpicuity, and hath drawn his materials from the most refpectable refources of hiftory. - The prefent volume is divided into fourteen chapters, to which is prefixed an introductory Effay on the Fluctuating Repose and Happiness of Defpotic Sovereigns, illuftrated by Examples from facred and profane Hiftory. In the first chapter the Author gives a general idea of monarchy and defpotifm; and in the fecond, treats more particularly of laws under different governments, either as promulged and confented to by the people, or concealed in the fovereign's breaft; as humane and gentle, or fe The Rev. Mr. Townsend, of Penfey ;-as we are informed. vere vere and cruel; as equal and univerfal, or partial and unjust. In the conclufion of this chapter he fpeaks of laws refpecting treafon, which ought to be moft clearly defined and explicit; but which, under all arbitrary governments, are always the most vague and uncertain. By the law of China, whoever fhews any difrefpect to the Emperor, is guilty of treafon;' but this law doth not define what is difrefpect. The Roman Emperors had a law fimilar to this, which feems to have been much abused; as we may collect from the remedial provision made by the good Emperors Severus and Antoninus, viz. That if any flinging a ftone fhould accidentally strike one of the ftatues of the Emperor, he fhould not be liable to a profecution for high treafon.' The Emperors Arcadius and Honorius paffed a law, that Whoever entertained any defigns against the life (qui de nece cogitaverit) of the minifters and officers of the Prince, fhould be guilty of high-treafon,' without defining what thofe defigns must be. The judge of Monf. de Cinq. Mars, endeavouring to prove that he was guilty of high-treafon for attempting to remove Cardinal Richlieu from the miniftry, appealed to this law. In England, till the 25th year of Edward III. the number of constructive treafons was almoft infinite, and proved as fo many traps, fnares, and pitfalls, for unwary travellers. In proportion as the conftitution recovered its purity, treafons were more clearly defined, and better understood.' In the third chapter, the Author treats pretty copiously of judicial proceedings under defpotic and free governments, and delineates the excellence of the English Conftitution, particularly in the nature of trials by a difinterefted jury, together with the prifoner's right of producing witneffes in his behalf. In France, the prifoner accused of any capital offence is not allowed to produce witneffes to vindicate his innocence. The King is profecutor, and no man muft dare to contradict him. This was formerly the cafe in England, while under the power of defpotic princes; but foon after the Revolution, Englishmen were allowed, not only to bring fuch witneffes as were willing, but fuch alfo as were unwilling, through private enmity, through the influence of the Crown, through fear, or through any corrupt motive, to bear teftimony to the truth.' The fourth chapter treats of Taxes; of the authority by which they are collected; of the quantum; of the articles taxed; of the mode of collecting, and of the account of the expenditure. Connected with this chapter, the fifth more particularly confiders the House of Commons as the barrier against the encroachments of the Crown on the liberties and properties of the fubject; especially as it is invefted with the fole power of voting supplies to the army, and is furnished with the means of checking all the measures of evil counfellors, and counteracting the prerogative I of of the monarch, when it intrudes too much on popular privilege. The fixth chapter treats of the Nature and Effects of Toleration. This chapter breathes fo liberal a fpirit of Chriftian candour, and contains fuch excellent, though neither novel nor refined, reflections on this important fubject, that we shall present the Reader with the greateft part of it. • If our reafon were always clear, unruffled by paffions, unclouded by prejudices, unimpaired by difeafe or intemperance; if our ideas were clear and diftinct, complete in all their parts, comprehenfive in all their modes, attributes, properties, and relations, extenfive in all their kinds; if we could arrange all these ideas orderly, and examine them in a proper method; if our judgments were strong, and we could always bring them to a focus; if we were all skilful in the art of reasoning, and expert in the act of it; there would be but one fyftem of religion upon earth. The reverse of all this being the case, the fyftems are infinite in number. Could we examine minutely the minds of all thinking men, we should be able to diftinguish and identify them by their fyftems, as we do by the features of their faces. Where the principal features of religion are the fame, we should yet find that no two were perfectly alike: Facies non omnibus una, Nec diverfa tamen qualem decet effe Sororum. This being the cafe, every man of principle may stand in need of toleration. • Defpotifm is naturally a ftranger to toleration. The arguments which Hobbes makes ufe of, to prove that religion is abfolutely inconfiftent with the intereft of civil fovereigns, hold good only with regard to civil defpotifm. Baron Montefquieu has well obferved, that virtue is the principle of a democracy, honour of a monarchy, and fear of defpotifm. Moft certainly it is the intereft of a defpot, that his fubjects fhould fear him more than they fear any other being.Now religion fays to all its votaries, "Fear not them that kill the body, but are not able to kill the foul, but rather fear him, which is able to destroy both foul and body in hell." If this fear cannot be excluded, the defpot muft ufurp the fole direction of it; he must be the high-prieft. This was the first flep Julius Cæfar took; when but a youth, he offered himself candidate for this high office. The jealoufy of Sylla, excited by this token of his ambition, was for that time an obstacle which he could not furmount. Some years after the death of Sylla, there happened another vacancy: Cæfar was then chofen high-prieft of Jupiter, the next year prætor, then conful, and last of all affumed defpotic power.-The fovereign of modern Rome would never have been able to bind their kings with chains, and their nobles with fetters of iron, if they had not been armed with a twoedged fword, and worn the triple crown of heaven, earth and hell.— Mahomet, by uniting in his own perfon the three offices of prophet, priest, and king, did not indeed exclude the fear of a divine being, but then he had the fole direction of that fear. At first fight, the conduct of the unhappy Stewarts, who undoubtedly aimed at defpotic power, mutt appear to have been very abfurd; they endeavoured to eftablish the Roman catholic religion in England, and to introduce a fear which afterwards they would not have been able to regulate.. Their conduct, however, was not abfurd. Henry VIII. though a Catholic, having established defpotic power at home, made ufe of the Proteftants to fake off the dominion of the Pope. The princes of the Stewart family were willing to receive that yoke again, provided the Catholics would help to fubdue the free fpirit of the Proteftants; and the Roman Catholics were willing to affist the crown to establishi arbitrary power, provided the crown would again establish the Roman Catholic religion. It can never be the intereft of the prefent family to tread in the fame fleps; becaufe, if the tumbling block of religion were removed, the nation might look towards Sardinia. When the ten tribes of Ifrael had thrown off their allegiance to the family of David, and chofen Jeroboam for their king, he said: " If this people go up to do facrifice in the house of the Lord at Jerufalem, then thall the heart of this people turn again unto their lord, even unto Rehoboam, king of Judah, and they fhall kill me, and go again to Rehoboam, king of Judah. Whereupon the king took counfel, and made two calves of gold, and faid unto them, it is too much for you to go up to Jerufalem: behold thy Gods, O Ifrael, which brought thee up out of the land of Egypt, and he fet the one in Beth-el, and the other put he in Dan." Jeroboam thought it expedient to change. the national religion, and to introduce idolatry, in order to establish his throne. Should hereafter any prince of the Protestant Line in England unwarily adopt the fame conduct, he will only prove, that the children of this world have been, in their generation, wiser than the children of light. It is the intereft of the defpot to have but one religion in his dominions, because it is his intereft that there should be none." In defpotic ftates the nature of the government requires the most paffive obedience; and when once the prince's will is made known, it ought infallibly to produce its effect." Nothing can prevent this effect but religion. Neither the amor patria, nor the rules of honour, must be pleaded for not executing the demands of the defpotic fovereign. Religion alone, like an angel with his drawn fword, can withstand him. Charles IX. having fent orders to Viscount Dorte to maffacre the Proteflants at Bayonne, received for answer; "Sire, among the inhabitants of this town, and your Majesty's troops, I could only find honest citizens and brave foldiers, but not one executioner: we jointly, therefore, befeech your majefty to com mand our arms and lives in things which are practicable." This great and generous foul, fays Montefquieu, looked upon a bafe action as a thing impoffible. This anfwer to a defpot muit have been punifhed with inftant death. Private judgment of good and evil, juft and unjust, is incompatible with a perfect defpotifm; it can admit of no private confcience; it allows only one confcience, one will, one law, one fear. It is not the intereft of defpotifm to tolerate more than one religion; because if there be more than one, men may be led to enquiries, which is the beft; and it is not the interest of the defpot that men fhould exercise their reafon; for, if they begin to think, there is no knowing where their thoughts may end. Religion must address herself to their eyes, not to their understanding; to their imagination, not to their reafon ; In the reign of Henry VIII the form only of our conftitution remained. Liberty had taken her flight, and the king was become a tyrant. His parliament exerted an act of its omnipotence, made him infallible, and then ordained, that whatever he should enjoin in matters of religion fhould be believed and obeyed by all his fubjects. In confequence of this he gave them their daily creed. Whoever believed to day what had been truth the day before, was committed to the flames. Had he happily efcaped undifcovered only for one day, his creed had been orthodox again, and his life had been spared. Parliament had endowed the king with one attribute of the divinity, but could do no more for him; had bestowed infallibility, but could not give immortality. He died. His children all fucceeded to his crown, and to his infallibility; and each changed the national religion. Edward VI. converted his fubjects from the Roman Catholic religion, and made them proteflants. Queen Mary knew well the nature of the power with which her father had been invefted, and which now devolved to her. When her father had afked her what' her opinion was concerning pilgrimages, purgatory and reliques; fhe Jike a wife woman, a dutiful daughter, and an obedient fubje&t, returned for anfwer, that "fhe had no opinion but fuch as fhe received from the King, who had her whole heart in his keeping, and might imprint upon it in thefe, and in all other matters, whatever his ineftimable virtue, high wifdom, and excellent learning, fhould think This princefs had no fooner taken poffeffion of convenient for her." her high dignities, than the thought it convenient to imprint ortho. dox opinions on the hearts of all her fubjects. Such as did not readily receive thefe, fhe committed to the flames. If any were fo far enlightened at the ftake, as to profefs the true religion of the day, they were burnt in that happy moment to fecere the falvation of their fouls. |