century. The Saxons were by that time mafters of the fouth- SECT. I. ern, and more fertile provinces of Britain; the Franks of Gaul; the Huns of Pannonia; the Goths of Spain; the Goths and Lombards of Italy and the adjacent provinces. Scarce any veftige of the Roman policy, jurifprudence, arts, or literature, remained. New forms of government, new laws, new manners, new dreffes, new languages, and new names of men and countries, were every where introduced. To make a great or fudden alteration with respect to any of these, unless where the ancient inhabitants of a country have been almost totally exterminated, has proved an undertaking beyond the power of the greateft conquerors [D]. The total change which the fettlement of the barbarous nations occafioned in the state of Europe, may, therefore, be confidered as a more decifive proof, than even the testimony of contemporary hiftorians, of the deftructive violence with which they carried on their conquefts, and of the havock which they had made from one extremity of this quarter of the globe to the other [E].

From this ftate of difor

der the laws

of govern

ment now established

In the obscurity of the chaos occafioned by this general wreck of nations, we muft fearch for the feeds of order, and endeavour to discover the first rudiments of the policy and laws now established in Europe. To this fource, the hiftorians of its different kingdoms, have attempted, though with lefs attention must be and industry than the importance of the enquiry merits, to trace back the inftitutions, and cuftoms peculiar to their countrymen. It is not my province to give a minute detail of the progress of government and manners in each particular nation, whose

traced.

SECT. I. tranfactions are the object of the following hiftory. But in order to exhibit a just view of the state of Europe at the opening of the fixteenth century, it is necessary to look back, and to con-template the condition of the northern nations upon their first fettlement in thofe countries which they occupied. It is neceffary to mark the great fteps by which they advanced from barbarifin to refinement, and to point out thofe general principles and events which by their uniform as well as extenfive operation conducted all of them to that degree of improvement in policy and in manners which they had attained at the period when.. Charles V. began his reign.

The princi. ples on which

the northern nations made

their fettlements in Europe.

WHEN nations fubject to defpotic government make conquefts, these serve only to extend the dominion and the power of their mafter. But armies compofed of freemen conquer for themselves, not for their leaders. The people who overturned the Roman Empire, and settled in its various provinces, were of the latter class. Not only the different nations that issued from the north of Europe, which has always been confidered: as the feat of liberty, but the Huns and Alans who inhabited part of those countries which have been marked out as the peculiar region of fervitude', enjoyed freedom and independance to fuch a high degree as feems to be scarce compatible with a state of social union, or with the subordination neceffary to maintain it. They followed the chieftain who led them forth in queft of new fettlements, not by constraint, but from choice; not as foldiers whom he could. order to march, but as volunteers who offered to accompany

De L'efprit des loix, liv. 17. ch. 3.

him [F]. They confidered their conquefts as a common property, SECT. L in which all had a title to fhare, as all had contributed to acquire them [G]. In what manner, or by what principles, they divided among them the lands which they feized, we cannot nów determine with any certainty. There is no nation in Europe whofe records reach back to this remote period; and there is little information to be got from the uninftructive and meagre chronicles, compiled by writers ignorant of the true end, and unacquainted with the proper objects of history.

government

established among them.

fabled :

THIS new divifion of property, however, together with the The feudal maxims and manners to which it gave rife, gradually introduced gradually a fpecies of government formerly unknown. This fingular institution is now diftinguished by the name of the Feudal system and though the barbarous nations which framed it, fettled in their new territories at different times, came from different countries, spoke various languages, and were under the command of separate leaders, the Feudal policy and laws were established, with little variation, in every kingdom of Europe. This amazing uniformity hath induced fome authors' to believe that all these nations, notwithstanding fo many apparent circumftances of distinction, were originally the fame people. But it may be afcribed with greater probability to the similar state of fociety and of manners to which they were accustomed in : their native countries, and to the fimilar fituation in which they found themselves on taking poffeffion of their new domains.

i Procop. de Bello. Vandal. ap. Script. Byz. edit. Ven. vol. i. p. 345

SECT. I.

As the conquerors of Europe had their acquifitions to maintain, not only against fuch of the ancient inhabitants as they had spared, but against the more formidable inroads of new ingreat object vaders, felf-defence was their chief care, and seems to have

National defence the

of feudal

policy.

been the fole object of their first institution and policy. Inftead of those loofe affociations, which, though they scarce diminished their personal independance, had been sufficient for their fecurity while they remained in their original countries, they saw the neceffity of confederating more closely together, and of relinquishing fome of their private rights in order to attain publick fafety. Every freeman, upon receiving a portion of the lands which were divided, bound himself to appear in arms against the enemies of the community. This military fervice was the condition upon which he received and held his lands, and as they were exempted from every other burden, that tenure, among a warlike people, was deemed both eafy and honourable. The King or general, who led them to conqueft, continuing ftill to be the head of the colony, had, of course, the largest portion allotted to him. Having thus acquir ed the means of rewarding past services, as well as of gaining new adherents, he parcelled out his lands with this view, binding those on whom they were bestowed, to follow his ftandard with a number of men in proportion to the extent of the territory, which they received, and to bear arms in his defence. His chief officers imitated the example of the fovereign, and in diftributing portions of their lands among their dependants, annexed the fame condition to the grant. Thus a feudal kingdom resembled a military establishment, rather than a civil inftitution. The victorious army cantoned out in the country which it had feized, continued ranged under its proper officers, and fubordinate to military command.

I

command. The names of a foldier and of a freeman were fyno- SECT. I. nimous. Every proprietor of land, girt with a sword, was ready to march at the fummons of his fuperior, and to take the field against the common enemy.

BUT though the Feudal policy feems to be fo admirably calculated for defence against the affaults of any foreign power, its provifions for the interior order and tranquility of fociety were extremely defective. The principles of diforder and corruption are difcernable in that conftitution under its best and most perfect form. They foon unfolded themfelves, and spreading with rapidity through every part of the system, produced the most fatal effects. The bond of political union was extremely feeble; the fources of anarchy were innumerable. The monarchical and ariftocratical parts of the conftitution, having no intermediate power to balance them, were perpetually at variance, and juftling with each other. The powerful vaffals of the crown fooń extorted a confirmation for life of those grants of land, which being at first purely gratuitous, had been bestowed only during pleasure. Not fatisfied with this, they prevailed to have them converted into hereditary poffeffions. One ftep more compleated their ufurpations, and rendered them unalienable [H]. With an ambition no less enterprizing, and more preposterous, they appropriated to themfelves titles of honour, as well as offices of power or truft. Thefe perfonal marks of diftinction, which the publick admiration beftows on illuftrious merit, or which the publick confidence confers on extraordinary abilities, were annexed to certain families, and tranfmitted like fiefs, from