[§ 5. Of Military Monarchy.]

We are next to consider what form of government succeeded the republican.

When small republics were conquered by another state, monarchy, or whatever other government pleased the conquerors, was established, though they generally followed the model of their own country. The Athenians always established democracy, and the Spartans aristocracy. The Romans indeed more prudently divided their conquests into provinces which were governed pretty absolutely by persons appointed by [the] Senate for that purpose. The case is somewhat different when a state is conquered by its own subjects. Both the nature of the action and the instruments by which it is performed require a military monarchy, or a monarchy supported by military force, because it is as necessary to keep them in awe as to conquer them. This was the form of government that was established in Rome during the time of the emperors. These emperors took the whole executive power into their own hands, they made peace and war as they thought proper, and even named the magistrates either immediately themselves, or by means of a Senate of their own appointment. They did not, however, alter any institutions of the civil law; right and wrong were decided as formerly. Cromwell did the same in our own country, he kept the State in awe by an insignificant army, but he allowed the Edition: current; Page: [31] judge to determine right and wrong as formerly. Nay, he made such improvement in the civil law by taking away wardships, &c., that the first thing the Parliament of Charles II did was to confirm many of Cromwell’s laws.

The Roman authors tell us that justice was never better administered than under the worst of the emperors, Domitian and Nero1. It is the interest of all new administrators to make few alterations in what the generality of people are much concerned and have been long accustomed to. They will more easily go into anything else, when they are indulged in this. It was particularly the interest of the emperors to keep up the ancient system of laws, and accordingly we find that all consuls who misbehaved in their respective provinces were severely punished. It was not so under the republic; the most scandalous crimes were committed by governors, as we learn from Cicero’s Orations. A military government allows the strictest administration of justice. Nobody indeed can have a fair trial where the Emperor is immediately concerned: then he will do as he pleases; but where he is in no way interested it is his interest to adhere to the ancient laws.

It is to be observed that there was a very great difference between the military government established at Rome and those that were established in Asia. At Rome the conquerors and conquered were the same people. The conquerors themselves were sensible of the good effects of these laws, and were so far from being willing to abrogate them, that they made improvements upon them. It is not so with the Asiatic governments, though they are purely military. Turkey, Persia, and the other countries were conquered by Tartars, Arabians, and other barbarous nations who had no regular system of laws, and were entirely ignorant of their good effects. They established in all public offices their own people, who were entirely ignorant Edition: current; Page: [32] of all the duties of them. A Turkish bashaw or other inferior officer is decisive judge of everything, and is as absolute in his own jurisdiction as the Signior. Life and fortune are altogether precarious, when they thus depend on the caprice of the lowest magistrate. A more miserable and oppressive government cannot be imagined.