578 inferior officer of law, is named by the sultan, and is removable at his pleasur The strange means employed by the Ulema in 1746, to obtain the dismission of a minister whom they hated, is a manifest proof that they possess but little constitutional authority which can serve as a restraint upon the will of the sovereign. Observat. p. 92. of 2d. edit. If the author's idea be just, it is astonishing that the body of the law should have no method of remonstrating against the errors of administration, but by setting fire to the capital. The author seems to consider the Capiculy or soldiery of the Porte, neither as formidable instruments of the sultan's power, nor as any restraint upon the exercise of it. His reasons for this opinion are, that the number of the Capiculy is small in proportion to the other troops which compose the Turkish armies, and that in time of peace they are undisciplined. Pref. 2d. edit. p. 23, &c. But the troops stationed in a capital, though their number be not great, are always The Prætorian bands bore no masters of the sovereign's person and power. proportion to the legionary troops in the frontier provinces. The soldiery of the Porte are more numerous, and must possess power of the same kind, and be equally formidable, sometimes to the sovereign, and oftener to the people. Howver much the discipline of the Janizaries may be neglected at present, it certainly was not so in that age to which alone my description of the Turkish government applies. The author observes, pref. p. 29, that the Janizaries never deposed any sultan of themselves, but that some form of law true or false, has been observed, and that either the mufti, or some other minister of religion, has announced to the unhappy prince the law which renders him unworthy of This will always happen. In every revolution, the throne. Observ. p. 102. though brought about by military power, the deeds of the soldiery must be confirmed and carried into execution with the civil and religious formalities peculiar to the constitution. This addition to the Note may serve as a further illustration of my own sentiments, but is not made with an intention of entering into any controversy with the author of Observations, &c. to whom I am indebted for the obliging terms in which he has expressed his remarks upon what I had advanced. Happy were it for such as venture to communicate their opinions to the world, if every animadversion upon them were conveyed with the same candid and liberal spirit. In one particular, however, he seems to have misapprehended what I meant, pref. p. 17. I certainly did not mention his or count Marsigli's long residence in Turkey, as a circumstance which should detract from the weight of their authority. I took notice of it, in justice to my readers, that they might receive my opinion with distrust, as it differed from that of persons whose means of information were so far superior to mine. NOTE [44]. PAGE 87. THE institution, the discipline, and privileges of the Janizaries are described y all the authors who give any account of the Turkish government. The manner in which enthusiasm was employed in order to inspire them with courage, is thus related by prince Cantemir: "When Amurath I. had formed them into a body, he sent them to Haji Bektash, a Turkish saint, famous for his miracles and prophecies, desiring him to bestow on them a banner, to pray to The saint, when they ap God for their success, and to give them a name. peared in his presence, put the sleeve of his gown upon one of their heads, and said, "Let them be called Yengicheri. Let their countenance be ever bright, their hands victorious, their swords keen; let their spear always hang over the heads of their enemies, and wherever they go, may they return with a shining face." History of the Ottoman empire, p. 38. The number of Janizaries at the first institution of the body, was not considerable. Under Solyman, in the year 1521, they amounted to twelve thousand. Since that time their number has greatly increased. Marsigli, Etat, &c. ch. xvi. p. 68. Though Solyman possessed such abilities and authority as to restrain this formidable body within the bounds of obedience, yet its tendency to limit the power of the sultans was, even in that age, foreseen by sagacious observers. Nicolas Daulphinois, who accompanied M. D'Aramon, ambassador from Henry II. of France to Solyman, published an account of his travels, in which he describes and celebrates the discipline of the Janizaries, but at the same time predicts, that they would, one day, become formidable to their masters, and act the same part at Constantinople, as the Prætorian bands had done at Rome. Collection of Voyages from the Earl of Oxford's library, vol. i. p. 599. NOTE [45]. PAGE 88. SOLYMAN the Magnificent, to whom the Turkish historians have given the surname of Canuni, or instituter of rules, first brought the finances and military establishment of the Turkish empire into a regular form. He divided the military force into the Capiculy or soldiery of the Porte, which was properly the standing army, and Serrataculy or soldiers appointed to guard the frontiers. The chief strength of the latter consisted of those who held Timariots and Ziams. These were portions of land granted to certain persons for life, in much the same manner as the military fiefs among the nations of Europe, in return for which military service was performed. Solyman, in his Canun Name, or book of regulations, fixed with great accuracy the extent of these lands in each province of his empire, appointed the precise number of soldiers each person who held a Timariot or a Ziam should bring into the field, and established the pay which they should receive while engaged in service. Count Marsigli and Sir Paul Rycaut have given extracts from this book of regulations, and it appears, that the ordinary establishment of the Turkish army exceeded a hundred and fifty thousand men. When these were added to the soldiery of the Porte, they formed a military power greatly superior to what any Christian state could command in the sixteenth century. Marsigli, Etat Militaire, &c. p. 136. Rycaut's State of the Ottoman Empire, book iii. ch. 2. As Solyman, during his active reign, was engaged so constantly in war, that his troops were always in the field, the Serrataculy became almost equal to the Janizaries themselves in discipline and valour. It is not surprising then, that the authors of the sixteenth century should represent the Turks as far superior to the Christians both in the knowledge and in the practice of the art of war. Guicciardini informs us, that the Italians learned the art of fortifying towns from the Turks. Histor. lib. xv. p. 266. Busbequius, who was ambassador from the emperor Ferdinand to Solyman, and who had an opportunity to observe the state both of the Christian and Turkish armies, published a discourse concerning the best manner of car rying on war against the Turks, in which he points out at great length the im mense advantages which the infidels possessed with respect to discipline, and military improvements of every kind. Busbequii opera, edit. Elzevir, p. 393, &c. The testimony of other authors might be added, if the matter were in any degree doubtful. Before I conclude these Proofs and Illustrations, I ought to explain the reason of two omissions in them; one of which it is necessary to mention on my own account, the other to obviate an objection to this part of the work. In all my inquiries and disquisitions concerning the progress of government, manners, literature, and commerce, during the middle ages, as well as in my delineations of the political constitution of the different states of Europe at the opening of the sixteenth century, I have not once mentioned M. de Voltaire, who, in his Essay sur l'histoire generale, has reviewed the same period, and has treated of all these subjects. This does not proceed from inattention to the works of that extraordinary man, whose genius, no less enterprising than universal, has attempted almost every different species of literary composition. In many of these he excels. In all, if he had left religion untouched, he is instructive and agreeable. But as he seldom imitates the example of modern historians in eiting the authors from whom they derived their information, I could not, with propriety, appeal to his authority in confirmation of any doubtful or unknown fact. I have often, however, followed him as my guide in these researches, and he has not only pointed out the facts with respect to which it was of importance to inquire, but the conclusions which it was proper to draw from them. If he had, at the same time, mentioned the books which relate these particulars, a great part of my labour would have been unnecessary, and many of his readers, who now consider him only as an entertaining and lively writer, would find that he is a learned and well-informed historian. As to the other omission, every intelligent reader must have observed, that ] have not entered, either in the historical part of this volume, or in the Proofs and Illustrations, into the same detail with respect to the ancient laws and customs of the British kingdoms, as concerning those of the other European nations. As the capital facts with regard to the progress of government and manners in their own country are known to most of my readers, such a detail appeared to me to be less essential. Such facts and observations, however, as were necessary towards completing my design in this part of the work, I have mentioned under the different articles which are the subjects of my disquisitions. The state of government, in all the nations of Europe, having been nearly the same during several ages, nothing can tend more to illustrate the progress of the English constitution, than a careful inquiry into the laws and customs of the kingdoms on the continent. This source of information has been too much neglected by the English antiquaries and lawyers. Filled with admiration of that happy constitution now established in Great Britain, they have been more attentive to its forms and principles, than to the condition and ideas of remote times, which in almost every particular, differ from the present. While engaged in perusing the laws, charters, and early historians of the continental kingdoms, I have often been led to think that an attempt to illustrate the progress of Eng. lish jurisprudence and policy, by a comparison with those of other kingdoms in a similar situation, would be of great utility, and might throw much light on some points which are now obscure, and decide others which have been long controverted. TO THE VIEW OF THE STATE OF EUROPE. AFRICA, the shocking devastations made there Alanus, character of the clergy in his time, 515. Allodial possession of land, explained, 507. How Anathema, form of that denounced against rob- Arragon, rise of the kingdom of, 68. Its union Ass, account of the ancient Romish feast of, 516. -, general, of France, their power under Attila, king of the Huns, account of his recep- tion of the Roman ambassadors, 500. Some Austria, the house of, by whom founded, g Baillis, in the old French law, their office ex- Balance of power, the first rise of, in Europe, 53, Baltic, the first source of wealth to the towns Barcelona, its trade, riches, and privileges at the | Boroughs, representatives of, how introduced Casar, his account of the ancient Germans, com- Cambray, treaty of, its object, 56, 57. The con- Progress of eccle- Censuales, a species of voluntary slaves, the ob- State of V., emperor, an emulator of the heroic con- VII of France, the first who introduced VIII of France, his character, 52. How Chiralry, origin of 36. Its beneficial effects on Christianity, corrupted when first brought into Cities, ancient states of, under the feudal policy, Cleriza, slave to Willa, widow of duke Hugo, Clermont, council of, resolves on the holy war, 16. Clotharius II., his account of the popular assem- Colleges, first establishment of, in Europe, 551. Common law, the first compilation of, made in Comnena, Anne, her character of the Crusaders, Compass, mariner's, when invented, and its in- Conradin, the last rightful heir to the crown of Constance, treaty of, between the emperor Frede- of, how far favourable to the improvement of 70. of Castile, a history of, and an account of Debt, first hint of attaching moveables for the Dicts of Germany, some account of, 575. Ecclesiastical jurisprudence, more perfect in its Emperors of Germany, inquiry into their power, England, summary view of the contests between, Evidence, imperfect nature of that admitted in |