Millar concluded with a detailed examination of the principles which produce the idea of obligation in submitting to Government. He dismissed, as scarcely worthy of refutation, the doctrines of Divine Right; but he was at some pains to enforce Mr. Hume’s objections<l> to the fiction of an Original Compact, long the favourite opinion of English Whigs.* He referred the origin of the Rights of Government, partly to the natural deference for abilities, birth, and wealth, which he denominated the principle of authority; partly to obvious and powerful considerations of utility. His opinions on this subject are very distinctly stated in a posthumous publication, to which I shall refer the reader.†
II. This theoretical history of Mankind was followed by a survey of the particular forms of Government, established in the principal countries, of ancient and modern times; which, while it illustrated the principles that had been explained, pointed out many causes of deviation from the general system. Of the constitutional history of each of those nations, Mr. Millar gave a rapid sketch, in which, without omitting any thing material or fundamental, he passed slightly over the less important, or what may be considered as the technical, forms of their several Governments. His object was to delineate the successive changes that took place in each of these States; to shew how their Governments had arisen; what altera-<li>tions they had undergone during the progress of improvement; and in what manner these alterations had been produced by the peculiar circumstances in which they were respectively placed.
In this Review, the Athenian Government naturally attracted his attention, by its admirable effects in exalting the powers of Intellect, and in refining, to a degree hitherto unexampled, those of Taste. In another respect, also, it merited particular examination. From the barrenness of Attica, and the convenience of its harbours, the inhabitants, even before making any considerable advances in agriculture, had become first pirates, and afterwards merchants. A similar progress might probably have occurred in several other states of antiquity; but the memorials of such nations are few and mutilated, while the history of Athens has been transmitted to our times with uncommon accuracy and fulness. That country, therefore, he considered as one of the few instances in which the influence of early commerce on national character, and on the structure and genius of the government, may be duly appreciated.
In treating of Sparta, Mr. Millar examined, in detail, those regulations which are commonly ascribed to Lycurgus;16 proving them to have been such as would naturally prevail in a country which<lii> had long remained in a rude condition, and indeed very similar to customs and institutions which may be found in other parts of the world. He was ready to allow that Lycurgus might, in some respects, improve the Laws, and perhaps, by his personal influence, give superior stability to the Institutions of his country; but he ascribed their duration chiefly to particular circumstances, such as constant wars, and inattention to commerce, which, keeping Sparta poor and barbarous, confirmed her early customs, by the force of habit.
The Roman Government Mr. Millar considered at greater length, on account, both of the superior importance of that state, and of the more accurate information which has come down to us respecting its Laws and Institutions. That Government, too, seemed particularly deserving of attention, because the Roman Law has been the foundation of almost all the modern Codes, and is still appealed to, as decisive authority, in the silence of the municipal regulations of modern Europe.
To these Lectures may be applied Mr. Millar’s own remark, on what might have been expected from the Treatises Dr. Smith once proposed to write on the Greek and Roman Republics. “After all that has been published on that subject, his<liii> observations suggested many new and important views, concerning the internal and domestic circumstances of those nations, which displayed their several systems of policy, in a light much less artificial, than that in which they have hitherto appeared.”*
In the institutions of Modern Europe, a much greater similarity may be traced, than in the Governments of ancient states. All the kingdoms of the south of Europe, were founded by rude shepherds, overrunning extensive tracts of cultivated country, and incorporating with the civilized inhabitants of the Roman Provinces. All those barbarians, bringing with them similar institutions, and making similar conquests, established political systems, in their principal features, very nearly alike. Previously, therefore, to delineating any of the Governments of modern Europe, Mr. Millar thought it useful, to give a general picture of the whole; and, in doing so, he found it convenient to separate the Civil from the Ecclesiastical Jurisdiction; a distinction unnecessary in treating of the ancient Governments, but important respecting those of modern times.
It would carry me too far, were I to attempt to<liv> give any account of Mr. Millar’s original and ingenious speculations, respecting the Feudal system: I shall merely remark, that he steered a middle course between the older Antiquarians, who conceived that the system of Tenures was completed soon after the settlement of the barbarians, and the partizans of the more modern opinion, that the whole lands were originally held allodially, and that Fiefs were introduced entirely by subsequent resignations.† Nor shall I attempt to follow him in his very masterly sketch of the rise, elevation, and decline, of Ecclesiastical Power.
Having taken a general survey of the constitutional history of Modern Europe, both in Church and State, Mr. Millar entered upon a particular examination of the Governments of France, Germany, and England; concluding this part of his course with a rapid view of the Histories of Scotland, and of Ireland. Here, it is unnecessary for me to attempt to follow him; as he has laid before the public the historical view of the English Government, which will sufficiently evince the saga-<lv>city of research, and the comprehensiveness of view, which so eminently characterised these Disquisitions.
III. The History of the British Government led, by a very natural transition, to an account of the Constitution, as settled at the Revolution in 1688, which formed the third branch of these Lectures. To this, indeed, the other parts of the course might be considered as in some degree subordinate. However curious and instructive speculations on the progress of Government may be, their chief use is to suggest different views, and various comparisons, by which we may estimate the advantages of our present institutions, and thence be led to venerate and support what is excellent, to correct and improve whatever may be defective.
In this important part of the Lectures, Mr. Millar entered with a minuteness, which renders it impossible for me, in this short essay, to give even an outline of his opinions, into the consideration of all the parts of the British Government; occasionally relieving the dryness of detail, by remarks, and even discussions, on the advantages of the present system; on the dangers to which it is exposed; and on such means of improvement as are consistent with the present state of manners and opinions, and with those established distinc-<lvi>tions of Rank which it is often unjust, and always hazardous, to abolish. Animated by the love of his country, he delivered his opinions openly and explicitly; opinions equally removed, on the one hand, from courtly servility, and on the other, from unbending republicanism. After discussing the constitution and rights of Parliament, the privileges of the several branches of the legislature, and the ministerial or executive powers of the Crown, he entered, at considerable length, into the detail of the Judicial establishments in England and in Scotland; concluding with a short comparison between them, in which, with what by many will be thought a Scottish prejudice, he, upon the whole, seemed to give the preference to those of his own country.
From the very slight sketch which I have now given of these Lectures, their high importance will be sufficiently apparent. Though nothing uninteresting was introduced, they comprehended a greater variety of topics than almost any other subject could have afforded; and gave occasion to very numerous disquisitions, having an immediate reference to the public welfare. The general student was delighted with the acuteness of the observations, the sagacity of the antiquarian researches; the number and elegance of the analo-<lvii>gies, the comprehensiveness and consistency of the doctrines: The young Lawyer, by tracing the progress and views of the Government, was instructed in the spirit and real intention of the Laws: But, to the future statesman, were opened up views of human society, of the nature and ends of Government, and of the influence of
