willingly submitted to by the guards; formally recognized by the fenate; and paffively received by the pro boodab anih yqqödav vinces and armies of the empire. & ant pagodax i bus banicib er nogsoul srit The difcontent of the Prætorian bands soon broke out in a fudden fedition, which occafioned the murder of that excellent prince; And the world being now without a mafter and without government, the guards thought proper to fet the empire formally to fale. JULIAN, the purchafer, was proclaimed by the foldiers, recognized by the fenate, and fubmitted to by the people, and must also have been fubmitted to by the provinces, had not the envy of the legions begot oppofition and refiftance. PESCENNIUS NIGER in SYRIA elected himself emperor, gained the tumultuary consent of his army, and was attended with the fecret good-will of the fenate and people of ROME. ALBINUS in BRITAIN found an equal right to fet up his claim; but SEVERUS, who governed PANNONIA, prevailed in the end above both of them. That able politician and warrior, finding his own birth and dignity too much inferior to the imperial crown, profest at firft, an intention only of revenging the death of PERTinax. མ་་་ He marched as general into ITALY, defeated JULIAN; and without our being able to fix any precife commencement even of the foldiers confent, he was from neceffity acknowledged emperor by the fenate and people; and bifully established in his violent authority by fubduing NiGER and ALBINUS

I

cdv

Inter hæc Gordianus CASAR (fays CAPITOLINUS, fpeakthing of another period) fublatus a militibus, Imperatorest appellatus, quia non erat alius in præfenti.Tis to be remarked that GORDIAN was a boy of fourteen years of

ssage.asdw yilsənq) pomano largo to noison and asluoibla Frequent inftances of a like nature occur in the history of the emperors; in that of ALEXANDER'S fucceffors;

༥ཉ

&

and of many other countries: Nor can any thing be more unhappy than a defpotic government of that kind; where the fucceffion is disjointed and irregular, and must be determined, on every occafion, by force or election. In a free government, the matter is often unavoidable, and is alfo much lefs dangerous. The interefts of liberty may there frequently lead the people, in their own de fence, to alter the fucceffion of the crown.And the conftitution, being compounded of parts, may ftill main'tain a fufficient ftability, by refting on the ariftocratical or democratical members, tho' the monarchical bedaltered, from time to time, in order to accommodate it to the former.

dug boba.

A

In an abfolute government, when there is no legal prince, who has a title to the throne, it may fafely be determined to belong to the first occupier. Inftances of this kind are but too frequent, especially in the eaftern monarchies. When any race of princes expires, the will or deftination of the laft fovereign will be regarded as a title. Thus the edict of LEWIS the XIVth, who called the baftard prince to the fucceffion in cafe of the failure of all the legitimate princes, would, in fuch an event, have fome authority. Thus the will of CHARLES the fe

-1 Tis remarkable that in the remonftrance of the duke of BoURBON and the legitimate princes, against this destination of Louis the XIVth, the doctrine of contract is infifted on, even in that abfolute government,

The other gation, fay they, choofing HUGH CAPET and his pofterity to rule over them and their pofterity, where the former line fails, there is a tacit -right referved to choose a new royal family; and this right is invaded by calbaftard to the throne, without the confent of the nation.

ng Comte d AINVILLIERS, who wrote in defence of the baftard

But the

princes, ridicules this notion of an original contract, especially when applied YO HUGH CAPET; who mounted the throne, says he,, by the fame arts, which have ever been employed by all conquerors and ufurpers. He got his title, indeed, recognized by the states after he had put himself in poffeffion: But is this a choice or contract? The Comte de BouLAINVILLIERS, we bast

may

cond disposed of the whole SPANISH monarchy. The ceffion of the antient proprietor, especially when joined to conqueft, is likewise esteemed a very good title. The general bond or obligation, which binds us to government, is the interest and neceffities of society; and this obligation is very ftrong. The determination of it to this or that particular prince or form of government is frequently more uncertain and dubious. Prefent poffeffion has confiderable authority in these cases, and greater than in private property; because of the disorders which attend all revolutions and changes of government *.

We fhall only obferve, before we conclude, that tho an appeal to general opinion may juftly, in the fpecuJative sciences of metaphyfics, natural philofophy, or aftronomy, be esteemed unfair and inconclufive, yet in all questions with regard to morals, as well as criticism, there is really no other ftandard, by which any controverfy can ever be decided. And nothing is a clearer proof that a theory of this kind is erroneous, than to find, that it leads to paradoxes, which are repugnant to the common sentiments of mankind, and to the practice and opinion of all nations and all ages. The doctrine, which founds all lawful government on an original contract, or confent of the people, is plainly of this kind; nor has the ableft of its partizans, in profecution of it, fcrupled to affirm, that abfolute monarchy is inconfiftent with civil fociety, and fo can be no form of civil government at all †; and

may obferve, was a noted republican; but being a man of learning, and very converfant in hiftory, he knew the people were never almost confulted in thefe revolutions and new establishments, and that time alone beftowed right and authority on what was commonly at firft founded on force and violence. See Etat de la FRANCE, Vol. III.

*The crime of rebellion, amongst the antients was commonly marked by the terms VETEgisi, novas res moliri.

† See LockE on government, chap. 7. § 90.

that

that the fupreme power in a fiate cannot take from any man, by taxes and impofitions, any part of his property, without his own confent or that of his reprefentatives t. What authority any moral reasoning can have, which leads into opinions fo wide of the general practice of mankind, in every place but this fingle kingdom, 'tis eafy to determine

The only paffage I meet with in antiquity, where the obligation of obedi ence to government is afcribed to a promise is in PLATO in Critone; where SOCRATES refuses to escape from prifon, because he had tacitly promised to obey the laws. Thus he builds a tory confequence of paffive obedience, on a wbig foundation of the original contract,

New discoveries are not to be expected in these matters. If no man, till very lately, ever imagined that government was founded on contract, 'tis certain it cannot, in general, have any fuch foundation.

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ESSAY