fors. The lands, therefore, which were allotted to each man in the annual divifion of their territory, (being above labour himfelf) he, again, parcelled out amongst his flaves and dependents to be cultivated and improved-acquainting them, at the same time, with what he expected from them in return for his bounty, whether cloathing, cattle, or any thing else, which he thought he might hereafter stand in need of; and referving, likewise, such a share, or proportion, of the yearly produce of the foil, as might be fufficient to maintain himself and his family with credit, and in abundance'. 9. Cuftoms fuch as these, it is true, are very different from thofe of the more improved, and civilized ages, as we are pleased to term them; I know, who misled by Caesar's authority, seem to think, that the Britons, the first inhabitants of this ifland, were accuftomed to go naked before their acquaintance with the Romans. But this, the very fituation of the country, so far towards the north, abfolutely forbids us to imagine. The Celts, part of whom the Britons, as well as the Germans, undoubtedly were, had two, or three, forts of clothing in Tacitus's time-I. The fkins of wild and tame beafts, dreffed and undreffed. 2. A robe, spun or made out of the barks of trees, 3. Another fort of cloathing made of the wool of their sheep, thick, fhagged, etc. and thefe garments, it appears from very good authority, were common to all the Celtic nations. See Tacitus de M. G. c. 17, and Kirchmaier's notes upon the place. them; but as they are not, for that reafon only, to be immediately condemned as favage and barbarous, fo neither ought we too haftily to conclude, that they are not real, nor supported by history. The power, which we have here taken notice of, as antiently belonging to the German masters of families, neceffarily arofe from that natural state of freedom, and mutual independency, wherein every man is born; and which he would never have any thoughts of parting with, till induced thereto by mere neceffity; till the ambition, luxury, and vices of mankind had encreased their wants, enflamed their paffions, and thereby introduced an abuse of the native and original privileges of the fpecies. To prevent, therefore, the ill confequences of that mischief and confufion, which began to flow from hence, it became neceffary, by degrees, to restrain, and, at length, totally to abolish an authority, which was grown dangerous to the public happiness. However, this defpotic power; or the power of every mafter over his own family, or houfhold, was the firft, and, indeed, the mcft natural, method, which reafon dic tated tated of diftributing juftice, and maintaining the peace and tranquillity of individuals. For whilft every man took that care, which his own true intereft required, of the good conduct and government, of his private family, (the lowest and most diforderly part of the nation) the general happiness of the whole community would, of confequence, be fo far maintained and preferved. 10. But, if we are defirous to raise a lafting and beautiful edifice, it is not barely fufficient, that the foundations of the building be firmly laid, but the fuperftructure, likewise, must be regularly carried on, the due proportion between all the parts obferved, and the materials well-cemented together. It being impoffible, therefore, but that contentions, and difputes, muft frequently arife between the several mafters of families themselves, it was neceffary, that fome common judge fhould be appointed to decide the difference between them. Nature had no where given to them a proper authority, or power, over one another; and as every man would be prejudiced in his own favour, the rules, which equity fuggested to them, would be but little attended to, when when heard thro' the medium of felf-inter→ eft. The wifeft man makes but an indifferent judge in his own cause. In order, therefore, to prevent, or, at least, to reftrain the fatal effects of those lafting quarrels and animofities, which muft otherwise have been perpetually growing, and encreafing, between the feveral independent members of the state, to the fubverfion of all focial happiness; our German ancestors, by common confent, or election, appointed over each pagus, or province, a distinct prefident, or judge, (called by the Roman authors, in their own language, fometimes king, a Tacit. De mor. Germ. Eliguntur in iifdem conciliis Principes, qui jura per Pagos, vicofque reddunt. So Caefar, fpeaking likewife of the Germans, tells us, that when they were at peace they had no one common magistrate over the whole ftate, fed Principes regionum atque Pagorum inter fuos jus dicunt, controverfiafque minuunt. Grot. de rep. Batav. antiquitat. p. 33. Apud Germanos, praeter eos qui facra curabant, duorum ordinum homines fuiffe reperio, Principes et plebem. Principes cum dico, non fingulos intelligo, qui fingulis gentibus imperitabant, ut plerumque ea vox ufurpatur-fed eos, qui finguli partem aliquam gentis curabant, quae partes, majores quidem Pagi, minores autem vici, vocantur. And again p. 34. Sunt ergo hi principes. dignitate generis ac muneris iidem, qui poftea barones atque nobiles, Cluver. Germ. antiq. L. 1. p. 319. Singulis cujufque civitatis Pagis, ac vicis, fuus erat magiftratus, five, ut Tacitus et Caefar vocant, Princeps qui jus reddebat. [I cannot find by either Tacitus or Caefar, that each vicus had its own prince, the prefect of the Pagus being, ex officio, to adminifter juftice to all, house king, at other times general, tho' most ufually prince) with plenary authority to go round the diftrict committed to his charge, and to hear and determine all causes, or matters of contention, which might arise within the limits of his jurifdiction. By this wife provision proper care was taken for the regular diftribution of justice, with the leaft trouble and inconvenience to individuals, as they were not obliged to go far; nor to wait long for it; nor to be at any expence in procuring it. 11. And that neither dignity might be wanting to the presence of the judge, or prince, houfe by houfe, per Pagos vicofque, i. e. oxes TE-For Tacitus himself tells us, that the houses in Germany were all distinct, there being neither towns nor villages, fee above, n. a, c. 5.] Nomen Regis a Romanis, ut ante dictum, (Pagg. 315, 316.) parum proprium iis impofitum; quum haud dubie e re ipfa fermone patrio dicerentur Thi Forften; antiquo germanico vocabulo Forte, quod hodieque apud Danos, Suedos, atque Norvagios primum numero fignificat; eademque fignificatione apud Anglos in Britannia eft First. So the prince of Anhalt is called in High Dutch, to this day, furft von Anhalt; and the marquis of Brandenburgh, amongst his other titles, furft zu Rugen; and there are other instances produced by learned men of the continued use of this word in its primary fignification. See Selden's Titles of Honour part. 2. c. 1. f. 53. So likewife in the old Roman language, as has been frequently obferved, the word Princeps originally fignified no more, than one who was more eminent than the reft, qui inter fuos eminebat: fee to this purpose Livy, 1. 2. where he fpeaks of Appius. In this fame fenfe likewife Phae drus, |