The Origin of the Distinction of Ranks. John Millar

this work attracted considerable attention, and several successive editions have been called for by the public. It also became known and esteemed on the Continent, through a translation, executed, I believe, by Garat, who afterwards, at a most eventful period of the French Revolution,^* was, little to his own honour or the public advantage, appointed Minister of Justice.

      The subjects of this publication were part of those which had been treated of in the Lectures on Jurisprudence and Government; but the point of view in which they were considered was, in some respects, different. Mr. Millar, in this treatise, proposed to confine himself altogether to the changes produced on the several relations of society, by the gradual progress of civilization and improvement. He neither intended to give any account of the laws and institutions springing from these relations, except when necessary for illustration, nor to investigate, in a detailed manner, the effects produced upon them by particular systems of Government<lxxvii> or Religion. Thus, in tracing the condition of the female sex, he abstained from a detailed inquiry into the subjects of Marriage and Divorce, and took only a very cursory view of the effects of particular systems of Government or Religion on the condition of women, or of the comparative advantages attending the different degrees of consideration, which, at different periods, they have acquired. All these subjects, he had treated very fully in his Lectures on Jurisprudence; but, in this publication, his object was simply to exhibit a theoretical history of the condition of women, as affected by the gradual progress of refinement, and by that progress alone.

      In those chapters which trace the progress of political power, Mr. Millar has bestowed much attention on the Feudal Governments of modern Europe. He has shewn how such institutions naturally arose from the condition of the German tribes, the extent of their conquests, and the reciprocal influence on each other of the manners of the old and new inhabitants; and he has detected many traces of similar institutions in the laws of other countries. This was indeed a very favourite subject with him, and his speculations respecting it were considerably different from those of other writers. They are marked by that simplicity and clearness of view<lxxviii> which characterise all his disquisitions, and they produce that conviction which never fails to attend a system, simple in its construction, consistent in itself, and satisfactory in accounting for a multitude of facts.

      Of his opinions respecting the Feudal System, the changes on the state of servants in modern Europe, and the origin of that spirit of chivalry which has still left remarkable traces in modern manners, (subjects which are sketched in a very spirited manner in The Origin of the Distinction of Ranks) Mr. Millar had afterwards occasion to publish many additional illustrations, in his principal work, the Historical View of the English Government.

      It has already been mentioned that, in his Lectures on Government, he paid particular attention to the constitution of his own country; tracing it through all its successive changes, and accounting for its several modifications, from the known state of manners, opinions, and property. On this subject, many rash and erroneous speculations have, at different times, been given to the world. Some authors have fondly traced the institutions of Britain to the woods of Germany, flattering the national vanity with the idea that our rude forefathers possessed juster views of Government, more liberal sen-<lxxix>timents, and better digested laws, than can be found among other barbarians.²¹ The majority of writers, less prone to investigation, have satisfied themselves with ascribing whatever is remarkable in the constitution, to the general wisdom of our ancestors; meaning, if indeed they have had any accurate meaning, that it arose from such views of remote utility, as may be sufficiently obvious to us, but never have had any very perceptible influence on the public measures of an early age. Several authors, among whom is Mr. Hume, have conceived that, at the Norman Conquest, all traces of former liberty were abolished, and an absolute government established, on which various encroachments have successively been made, when the weakness of the monarch, or the embarrassment of public affairs, afforded a favourable opportunity, to the turbulence of the Barons, or seditions of the people. Such being the favourite creed of the Tories, it was encountered with more ardour than acuteness by the Whigs, who pretended that, at a time when vassals held their lands chiefly during the pleasure of their superiors, and the inhabitants of towns were universally slaves, the present fabric of our constitution was completed, and a fair representation of the Commons in Parliament fully established.<lxxx>

      Mr. Millar saw that a connected view of the changes which have taken place in the English Government would completely overthrow such opinions, from which many dangerous inferences have often been drawn: and, besides being in this view highly important, he conceived that a detail of the various steps by which a constitution, uniting the advantages of monarchy to those of popular government, has gradually been brought to its present form, (steps, in many instances, productive of consequences very different from the considerations of temporary convenience in which they originated) could not fail to afford a most interesting and improving object of research. Animated by such expectations, he devoted the leisure of his summers to the arranging and extending of this branch of his Lectures, and, in 1787, he gave to the world The Historical View of the English Government, from the settlement of the Saxons in Britain, to the accession of the house of Stewart. This work, containing much inquiry into the remote periods of our Government, and many disquisitions which it demands some effort of attention fully to understand, could not be of a very popular nature: but it has been justly appreciated by those who were fitted, by their habits and previous studies, to take an interest in such researches, and, consider-<lxxxi>ing the nature of the subjects of which it treats, its having already reached a third edition is no slight proof of public approbation.

      It is by no means my intention to attempt any analysis of the Historical View; nor, indeed, is it possible, by an analysis, to do justice to a work in which every opinion is already stated with all the conciseness consistent with perspicuity. To detach any one speculation from the rest, to sketch the progress of the kingly power, of the privileges of parliament, of the judicial establishments, or of the ecclesiastical jurisdiction, separately from each other, would be to deprive the whole of that evidence, (perhaps the most convincing to a philosopher), which results from the congruity of all its parts, from the connection of the several institutions with each other, and the dependence of the whole on the real and ascertained improvement in the condition of the people.

      Indeed Mr. Millar is frequently obliged to rest the truth of his opinions on this internal proof. Ascending to a period of which the records are scanty, and disfigured with fable, he often, without reference to such uncertain authority, produces a conviction, stronger perhaps than can ever be derived from the testimony of an individual, always liable to be deceived. His argument, founded on<lxxxii> unconnected circumstances all tending to one effect; his successive positions, derived from the acknowledged condition of the several ranks of inhabitants, flowing naturally from the state of manners and property, and leading, by easy transition, to what we know was afterwards established; his frequent illustrations, by reference to similar institutions existing in other countries, and by a distinct enumeration of circumstances in some nations leading to opposite results: His disquisitions, so conducted, produce a confidence in his conclusions, to which the authority of rude and careless annalists can have no pretension.

      Institutions familiar to early historians seldom appear to them objects of curiosity or research. Occupied in giving a bare narration of events, which have passed in their own times, or have been handed down by tradition, they may occasionally notice some existing institutions; but, with regard to their origin, the time of their introduction, or the successive steps which led to their improvement, they are usually extremely ignorant. Such objects of inquiry seem to them of no importance; what is familiar excites no curiosity; what has existed during the whole life of the author may have existed for ever. Long before the importance of any particular change in the manners, state of property,<lxxxiii> or government becomes apparent, the circumstances from which it arose are usually effaced; the want of information is supplied by the invention of some puerile story; or the fame of a particular prince, or the wisdom of our ancestors, are referred to as a satisfactory solution of all difficulties and doubts. Such vague accounts of the origin and progress of the most important Institutions, at first brought forward without authority, are afterwards repeated without examination, and are too frequently considered as the well authenticated facts of history.

      From such authorities, Mr.