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referving to the King of France the fovereignty of certain territories in the "Netherlands, fhould not be binding." Is it poffible Charles could be so blind as not to fee, that fuch a proteftation, if fufficient to relieve from an engagement, must destroy all faith among men? Francis I. of France, while prisoner in Spain, engaged Henry VIII. of England in a treaty against the Emperor, fubmitting to very hard terms in order to gain Henry's friendship. The King's ministers protested privately against some of the articles ; and the protest was recorded in the secret register of the parliament of Paris, to ferve as an excufe in proper time, for breaking the treaty. At the marriage of Mary Queen of Scotland to the Dauphin of France, the King of France ratified every article infifted on by the Scotch parliament, for preserving the independence of the nation, and for fecuring the fucceffion of the crown to the houfe of Hamilton ; confirming them by deeds in form and with the most folemn oaths. But Mary previously had been perfuaded to fubfcribe privately three deeds, in which, failing heirs of her body, the gifted the king

dom

dom of Scotland to the King of France; declaring all promifes to the contrary that had been extorted from her by her fubjects, to be void. What better was this than what was practifed by Robert King of France in the tenth century, to free his fubjects from the guilt of perjury? They fwore upon a box of relics, out of which the relics had been privately taken. Correa, a Portuguese general, made a treaty with the King of Pegu; and it was agreed, that each party fhould fwear to obferve the treaty, laying his hand upon the facred book of his religion. Correa fwore upon a collection of fongs; and thought that by that vile stratagem he was free from his engagement. The inhabitants of Britain were fo loofe formerly, that a man was not reckoned fafe in his own houfe, without a maftiff to protect him from violence. Mastiffs were permitted even to thofe who dwelt within the king's forefts; and to prevent danger to the deer, there was in England a court for lawing or expeditation of maf tives, i. e. for cutting off the claws of their fore-feet, to prevent them from run

ning (a). The trial and condemnation of Charles I. in a pretended court of justice, however audacious and unconftitutional, was an effort toward regularity and order. In the preceding age, the king would have been taken off by affaffination or poison. Every prince in Europe had an officer, whofe province it was to fecure his master against poison. A lady was appointed to that office by Queen Elifabeth of England; and the form was, to give to each of the fervants a mouthful to eat of the dish he brought in. Poifon must have been frequent in those days, to make such a regulation neceffary. To vouch still more clearly the low ebb of morality during that period, feldom it happened that a man of figure died fuddenly, or of an unufual difeafe, but poifon was fufpected. Men confcious of their own vicious difpofition, are prone to fufpect others. The Dauphin, fon to Francis I. of France, a youth of about eighteen, having overheated himfelf at play, took a great draught of iced water, and died of a pleurify in five days. The death was fudden, but none is more natural. The fufpicion how

(a) Carta de Forefta, cap. 6.

ever of poifon was univerfal; and Montecuculi, who attended the young prince, was formally condemned to death for it, and executed; for no better reason, than that he had at all times ready access to the prince.

Confidering the low ftate of morality where diffocial paffions bear rule, as in the fcenes now difplay'd, one would require a miracle to recover mankind out of fo miferable a state. But, as obferved above (a), Providence brings order out of confufion. The intolerable diftrefs of a ftate of things where a promife, or even an oath, is a rope of fand, and where all are fet against all (b), made people at last senfible, that they must either renounce fociety altogether, or qualify themselves for it by checking their diffocial paffions. Finding from experience, that the gratification of focial affections exceeds greatly that of cruelty and revenge; men endeavoured to acquire a habit of self-command, and of reftraining their stormy paffions. The neceffity of fulfilling every moral duty was recognifed: men listened to confcience, the voice of God in their (a) Book 2. fketch 1.

I

(b) Hobbes.

hearts:

hearts and the moral fenfe was cordially fubmitted to, as the ultimate judge in all matters of right and wrong. Salutary laws and fteady government contributed to perfect that glorious revolution: private conviction alone would not have been effectual, not at least in many ages.

From that revolution is derived what is termed the law of nations, meaning certain regulations dictated by the moral fense in its maturity. The laws of our nature refine gradually as our nature refines. From the putting an enemy to death in cold blood, improved nature is averfe, tho' fuch practice was common while barbarity prevailed. It is held infamous to use poifoned weapons, tho' the moral fenfe made little oppofition while rancour and revenge were ruling paffions. Averfion to ftrangers is taught to vary its object, from individuals, to the nation. that is our enemy: I bear enmity against France; but diflike not any one Frenchman, being confcious that it is the duty of fubjects to ferve their king and country. In diftributing juftice, we make

no

* In one of our. ill-concerted defcents upon

VOL. IV.

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France