The Origin of the Distinction of Ranks. John Millar

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The Origin of the Distinction of Ranks - John Millar Natural Law and Enlightenment Classics

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the future beauties of his plans. By degrees, as his improvements were completed, Milheugh occupied less of his attention; but it never ceased to interest and delight him. It was endeared to him by no common ties; it had been the scene of his early years, and was now embellished by his mature taste: in one view, it was associated with his most pleasing recollections; in another, it might almost be considered as the production of his own mind.

      Mr. Millar’s intercourse with his neighbours was scarcely more frequent at Milheugh, than it had been at Whitemoss. He was, indeed, no way dependent on society; but he was fond of the occasional visits of his acquaintances, and of the variety arising from the addition of a few strangers to the family circle. He was therefore much gratified,<lxxiii> soon after he went to Milheugh, by the establishment, in his near neighbourhood, of Mr. Jardine,* one of his most respected friends, who, induced chiefly by the desire of enjoying his society during the summer, purchased a small estate, not above two miles distant. Their frequent intercourse was to both a source of much enjoyment.

      When in the country, Mr. Millar employed a great part of his leisure in perusing such books as his other avocations in winter had prevented him from reading, and in preparing his own works for the press. The Origin of the Distinction of Ranks, was written chiefly at Hamilton, and Glasgow; The Historical View of the English Government, altogether at Whitemoss and Milheugh. While carrying on this last work, it very frequently became the subject of conversation in the family, and all the opinions and speculations it contains were freely canvassed. He had long been in the habit of consulting Mrs. Millar with regard to his literary works, and some of his children being, by this time, competent judges of composition, he oc-<lxxiv>casionally read over to his family the most amusing or interesting passages, and listened with much attention to their various criticisms. By this means, besides increasing that mutual confidence which ever subsisted between him and his family, he had the means of detecting any little errors which had escaped his own observation, and he formed the taste, while he improved the judgment of his children.

      Of the subjects which Mr. Millar had occasion to discuss in his Lectures on Jurisprudence and Government, none seemed more interesting in themselves, or so capable of being detached from his other disquisitions, as that of the various Ranks which are established in society, the various degrees of authority and power which are distributed among the several members of a community. In so far as such differences of rank and power are founded on fixed and universal relations, they may be traced to four distinct sources. The difference of sex has, in every country, occasioned remarkable differences between the habits, occupations, acquirements, and authority of men and women: The helplessness of infancy, and the habits at that time contracted, have produced a dependence, more or less complete, of children on their parents: Various circumstances have subjected some men to<lxxv> others as servants or slaves: And the wants of society, the necessity of a warlike leader for each tribe, the natural authority of strength, courage, wisdom, and riches, have raised particular members of the community to political power. The three first of these sources of the distinction of Ranks are the foundation of what, in the Civil Law, are called the Rights of Persons, the last is the basis of the rights of Government; consequently they had all been the subjects of inquiry, in the several courses of Lectures delivered by Mr. Millar in the University.

      Believing that some account of the origin and progress of those distinctions of Ranks might be generally interesting, Mr. Millar was induced, in 1771, to publish a short treatise on this subject, which was very favourably received. Even to cursory readers, it was calculated to afford amusement, by the various views of human nature which it exhibited, and by the singularity of many of the traits of manners, as well as of national characters and institutions, which it traced to their sources. To the philosopher, it delineated a general but instructive view of the changes consequent on the progress of improvement; accounting, in a satisfactory manner, for the introduction of many of the most singular institutions described in history; and, by the explanation it afforded of the causes of<lxxvi> what has existed, directing his speculations, and giving a reasonable degree of certainty to his conclusions respecting the future destinies of mankind. From its first publication, 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,

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