One of these legislative councils of Toledo examined and ratified the code of laws which had been compiled by a succession of Gothic kings, from the fierce Euric, to the devout Egica. As long as the Visigoths themselves were satisfied with the rude customs of their ancestors, they indulged their subjects of Aquitain and Spain in the enjoy ment of the Roman law. Their gradual improvement in arts, in policy, and at length in religion, encouraged them to imitate, and to supersede, these foreign institutions; and to compose a code of civil and criminal jurisprudence, for the use of a great and united people. The same obligations, and the same privileges, were communicated to the nations of the Spanish monarchy: and the conquerors, insensibly renouneing the Teutonic idiom, submitted to the restraints of equity, and exalted the Romans to the participation of freedom. The merit of this impartial policy was enhanced by the situation of Spain under the reign of the Visigoths. The provincials were long separated from their Arian masters by the irreconcilable difference of religion. After the conversion of Recared had removed the prejudices of the Catholics, the coasts, both of the Ocean and Mediterranean, were still possessed by the Eastern emperors; who secretly excited a discontented people to reject the yoke of the Barbarians, and to assert the name and dignity of Roman citizens. The allegiance of doubtful subjects is indeed most effectually secured by their own persuasion, that they hazard more in a revolt, than they can hope to obtain by a revolution; but it has appeared so natural to oppress those whom we hate and fear, that the contrary system well deserves the praise of wisdom and moderation.1

125

While the kingdoms of the Franks and Visigoths were established in Gaul and Spain, the Saxons achieved the conquest of Britain, the third great diocese of the Præfecture of the West. Since Britain was already separated from the Roman empire, I might, without reproach, decline a story familiar to the most illiterate, and obscure to the most learned, of my readers. The Saxons, who excelled in the use of the oar, or the battle-axe, were ignorant of the art 3. 6). I have found Mascou (Hist. of the Ancient Germans, xv. 29, and Annotations, xxvi. and xxxiii.) and Ferreras (Hist. Générale de l'Espagne, tom. ii.) very useful and accurate guides.

125 The Code of the Visigoths, regularly divided into twelve books, has been rorrectly published by Dom Bouquet (in tom. iv. pp. 273-430). It has been treated by the President de Montesquieu (Esprit des Loix, 1. xxviii. c. 1) with excessive Sverity. I dislike the style; I detest the superstition; but I shall presume to think, that the civil jurisprudence displays a more civilized and enlightened state of society, than that of the Burgundians, or even of the Lombards.

which could alone perpetuate the fame of their exploits; the Provincials, relapsing into barbarism, neglected to describe the ruin of their country; and the doubtful tradition was almost extinguished, before the missionaries of Rome re stored the light of science and Christianity. The declamations of Gildas, the fragments, or fables, of Nennius, the obscure hints of the Saxon laws and chronicles, and the ecclesiastical tales of the venerable Bede, 126 have been illustrated by the diligence, and sometimes embellished by the fancy, of succeeding writers, whose works I am not ambitious either to censure or to transcribe.1 127 Yet the historian of the empire may be tempted to pursue the revolutions of a Roman province, till it vanishes from his sight; and an Englishman may curiously trace the establishment of the Barbarians, from whom he derives his name, his laws, and perhaps his origin.

About forty years after the dissolution of the Roman government, Vortigern appears to have obtained the supreme, though precarious, command of the princes and cities of Britain. That unfortunate monarch has been almost unanimously condemned for the weak and mischievous policy of inviting 128 a formidable stranger, to repel the vexatious inroads of a domestic foe. His ambassadors are despatched, by the gravest historians, to the coast of Germany they address a pathetic oration to the general assembly of the Saxons, and those warlike Barbarians resolve to assist with a fleet and army the suppliants of a distant and unknown island. If Britain had indeed been unknown to the Saxons, the measure of its calamities would have been less complete. But the strength of the Roman government could not always guard the maritime province against

126 See Gildas de Excidio Britanniæ, c. 11--25, pp. 4-9, edit. Gale. Nennius, Hist. Britonum, c. 28, 35-65, pp. 105-115, edit. Gale. Bede, Hist. Ecclesiast. Gentis Angloruml. i. c. 12-16, pp. 49--53, c. 22, p. 58, edit. Smith. Chron. Saxonicum, pp. 11-23, &c., edit. Gibson. The Anglo-Saxon laws were published by Wilkins, London, 1731, in folio; and the Leges Wallica, by Wotten and Clarke, London, 1730, in folio.

127 The laborious Mr. Carte, and the ingenious Mr. Whitaker, are the two modern writers to whom I am principally indebted. The particular historian of Manchester embraces, under that obscure title, a subject almost as extensive as the general history of England.*

18 This invitation, which may derive some countenance from the loose expressions of Gildas and Bede, is framed into a regular story by Witikind, a Saxon monk of the tenth century (See Cousin, Hist. de l'Empire d'Occident, tom. ii. p. 356). Rapin, and even Hume, have too freely used this suspicious evidence without regarding the precise and probable testimony of Nennius: Iterea ven. erunt tres Chiulæ à Germaniâ in exilio pulsæ, in quibus erant Hors et Hengist.

*Add the Anglo-Saxon History of Mr. S. Turner; and Sir F. Palgrave's Sketch of the "Early History of England."-M.

the pirates of Germany; the independent and divided states were exposed to their attacks; and the Saxons might sometimes join the Scots and the Picts, in a tacit, or express, confederacy of rapine and destruction. Vortigern could only balance the various perils, which assaulted on every side his throne and his people; and his policy may deserve either praise or excuse, if he preferred the alliance of those Barbarians, whose naval power rendered them the most dangerous enemies, and the most serviceable allies. Hengist and Horsa, as they ranged along the Eastern coast with three ships, were engaged, by the promise of an ample stipend, to embrace the defence of Britain; and their intrepid valor soon delivered the country from the Caledonian invaders. The isle of Thanet, a secure and fertile district, was allotted for the residence of these German auxiliaries, and they were supplied, according to the treaty, with a plentiful allowance of clothing and provisions. This favorable reception encouraged five thousand warriors to embark with their families in seventeen vessels, and the infant power of Hengist was fortified by this strong and seasonable reenforcement. The crafty Barbarian suggested to Vortigern the obvious advantage of fixing, in the neighborhood of the Picts, a colony of faithful allies: a third fleet of forty ships, under the command of his son and nephew, sailed from Germany, ravaged the Orkneys, and disembarked a new army on the coast of Northumberland, or Lothian, at the opposite extremity of the devoted land. It was easy to foresee, but it was impossible to prevent, the impending evils. The two nations were soon divided and exasperated by mutual jealousies. The Saxons magnified all that they had done and suffered in the cause of an ungrateful people; while the Britons regretted the liberal rewards which could not satisfy the avarice of those haughty mercenaries. The causes of fear and hatred were inflamed into an irreconcilable quarrel. The Saxons flew to arms; and if they perpetrated a treacherous massacre during the security of a feast, they destroyed the reciprocal confidence which sustains the intercourse of peace and war.129

129 Nennius imputes to the Saxons the murder of three hundred British chiefs; a crime not unsuitable to their savage manners. But we are not obliged to believe (see Jeffrey of Monmouth, 1. viii. c. 9-12) that Stonehenge is their monument, which the giants had formerly transported from Africa to Ireland, and which was removed to Britain by the order of Ambrosius, and the art of Merlin.*

* Sir F. Palgrave (Hist. of England, p. 36) is inclined to resolve the whole of

Hengist, who boldly aspired to the conquest of Britain, exhorted his countrymen to embrace the glorious oppor tunity he painted in lively colors the fertility of the soil, the wealth of the cities, the pusillanimous temper of the natives, and the convenient situation of a spacious solitary island, accessible on all sides to the Saxon fleets. The suc cessive colonies which issued, in the period of a century, from the mouths of the Elbe, the Weser, and the Rhine, were principally composed of three valiant tribes or nations of Germany; the Jutes, the old Saxons, and the Angles. The Jutes, who fought under the peculiar banner of Hengist, assumed the merit of leading their countrymen in the paths of glory, and of erecting, in Kent, the first independent kingdom. The fame of the enterprise was attributed to the primitive Saxons; and the common laws and language of the conquerors are described by the national appellation of a people, which, at the end of four hundred years, produced the first monarchs of South Britain. The Angles were distinguished by their numbers and their success; and they claimed the honor of fixing a perpetual name on the country, of which they occupied the most ample portion. The Barbarians, who followed the hopes of rapine either on the land or sea, were insensibly blended with this triple confederacy; the Frisians, who had been tempted by their vicinity to the British shores, might balance, during a short space, the strength and reputation of the native Saxons; the Danes, the Prussians, the Rugians, are faintly described; and some adventurous Huns, who had wandered as far as the Baltic, might embark on board the German vessels, for the conquest of a new world.130 But this arduous achievement was not prepared or executed by the union of national powers. Each intrepid chieftain, according to the measure of his fame and fortunes, assembled his followers; equipped a fleet of three, or perhaps of sixty, vessels; chose the place of the attack; and conducted his subsequent operations according to the events of the war, and the dictates of his private interest. In the invasion of Britain many heroes

130 All these tribes are expressly enumerated by Bede (1. i. c. 15. p. 52, 1. v. c. 9 p. 190); and though I have considered Mr. Whitaker's remarks (Hist. of Man chester, vol. ii. pp. 538-543) I do not perceive the absurdity of supposing that the Frisians, &c., were mingled with the Anglo-Saxons.

these stories, as Niebuhr the older Roman history, into poetry. To the editor they appeared, in early youth, so essentially poetic, as to justify the rash attempt to embody them in an Epic Poem, called Samor, commenced at Eton, and finished before he had arrived at the maturer taste of manhood.-M.

vanquished and fell; but only seven victorious leaders assumed, or at least maintained, the title of kings. Seven independent thrones, the Saxon Heptarchy," were founded. by the conquerors, and seven families, one of which has been continued, by female succession, to our present sovereign, derived their equal and sacred lineage from Woden, the god of war. It has been pretended, that this republic of kings was moderated by a general council and a supreme magistrate. But such an artificial scheme of policy is repugnant to the rude and turbulent spirit of the Saxons: their laws are silent; and their imperfect annals afford only a dark and bloody prospect of intestine discord.181

A monk, who, in the profound ignorance of human life, has presumed to exercise the office of historian, strangely disfigures the state of Britain at the time of its separation from the Western empire. Gildas 132 describes in florid language the improvements of agriculture, the foreign trade which flowed with every tide into the Thames and the Severn, the solid and lofty construction of public and pri vate edifices; he accuses the sinful luxury of the British people; of a people, according to the same writer, ignorant of the most simple arts, and incapable, without the aid of the Romans, of providing walls of stone, or weapons of iron, for the defence of their native land.138 Under the long dominion of the emperors, Britain had been insensibly moulded into the elegant and servile form of a Roman province, whose safety was intrusted to a foreign power. The subjects of Honorius contemplated their new freedom with surprise and terror; they were left destitute of any civil or military constitution; and their uncertain rulers wanted either skill, or courage, or authority, to direct the public force against the common enemy. The introduction of the Saxons betrayed their internal weakness, and degraded the

131 Bede has enumerated seven kings, two Saxons, a Jute, and four Angles, who successively acquired in the heptarchy an indefinite supremacy of power and renown. But their reign was the effect, not of law, but of conquest; and 'he observes, in similar terms, that one of them subdued the Isles of Man and Anglesey; and that another imposed a tributo on the Scots and Picts. (Hist. Eccles. 1. ii. c. 5, p. 83,)

132 See Gildas de Excidio Britanniæ, c. i. p. 1, edit. Gale.

133 Mr. Whitaker (Hist. of Manchester, vol. ii. pp. 503, 516) has smartly exposed this glaring absurdity, which had passed unnoticed by the general historians, as they were hastening to more interesting and important events.

* This term (the Heptarchy) must be rejected because an idea is conveyed thereby which is substantially wrong. At no one period were there ever seven kingdoms independent of each other. Palgrave, vol. i. p. 46. Mr. Sharon Turner has the merit of having first confuted the popular notion on this subject. AngloSaxon History, vol. i. p. 302. –M.