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A catalogue of New Books, with remarks and extracts, continued. [98]

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rary merit.

Hiftory claims it as her prerogative to offer inftruction to kings, as well as to their people. What reflections the reign of the Emperor Charles V. may fuggeft to your Majesty, it becomes not me to conjecture. But your fubjects caunot ob ferve the various calamities which that monarch's ambition to be distinguished as a conqueror, brought upon his dominions, without recollecting the felicity of their own times, and looking up with gratitude to their fovereign, who, during the fervour of youth, and amidst the career of victory, poffeffed fuch felf-command, and maturity of judgement, as to fet bounds to his own triumphs, and prefer the bleffings of peace to the splendour of tnilitary glory.

Pofterity will not only celebrate the wildom of your Majefty's choice, but will enumerate the many virtues which render your reign confpicuous for a facred regard to all the duties, incumbent on the fovereign of a free people..

It is our happiness to feel the influence of thefe virtues; and to live under the dominion of a Prince, who delights inore in prothoting the public welfare, than in receiving the juft praife of his royal beneficence. I am, SIR, your Majesty's most faithful fubject, and moit dutiful fervant,

WILLIAM ROBERTSON,

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ftitution, laws, or manners, merit the uttend to illustrate the progress of its conmost attention. Even remote and minute being natural to the human mind, the graevents are objects of a curiosity, which, tification of it is attended with pleasure. reign states, we must fet other bounds to But, with respect to the history of fo

our defire of information. The univer

fal progress of fcience during the two last centuries, the art of printing, and other obvious caufes, have filled Europe with fuch a multiplicity of hiftories, and with fuch vaft collections of hiftorica! materials, that the term of human life is too fhort for the ftudy, or even the perufal, of them. It is neceffary, then, not only for those who are called to conduct the affairs of nations, but for such as inquire and reafon concerning them, to remain fatisfied with a general knowledge of diftant events, and to confine their study of history in detail chiefly to that period, in which the several states of Europe having become intimately connected, the operations of one power are fo felt by all, as to influence their councils, and to regulate their measures.

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Some boundary, then, ought to be fixed, in order to feparate thefe periods. An era thould be pointed out,"prior to which, each country, little connected with those around it, may trace its own history apart; after which, the tranfactions of every confiderable nation in Europe become interefting and inftructive to all. With this intention I undertook to write the hiftory of the Emperor Charles V. It was during his administration that the powers of Europe were formed into one great political foftem, in which each took a ftation, wherein it has fince remained, with lefs variation, than could have been expected, after the fhocks occafioned by fo many internal revolutions, and so many foreign wars. The great events which happened then have not hitherto spent their force. The political principles and maxims then eftablished, till continue to operate. The ideas concerning the balance of power, then introduced, or rendered general, ftill influence the

councils of nations.

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the history of Europe fubfequent to his reign. While his numerous biographers defcribe his perfonal qualities and actions; while the hiftorians of different countries relate occurrences the confequences of which were local or tranfient, it hath been my purpose to record only thofe great tranfactions in his reign, the effects of which were univerfal, or continue to be permanent.

As my readers could derive little in ftruction from fuch a hiftory of the reign of Charles V. without fome information concerning the state of Europe previous to the fixteenth century, my defire of fupplying this has produced a preliminary volume, in which I have attempted to point out and explain the great caufes and events, to whose operation all the improvements in the political state of Europe, from the fubverfion of the Roman empire to the beginning of the fix teenth century, must be afcribed. I have exhibited a view of the progrefs of fociety in Europe, not only with respect to interior government, laws, and manners, but with refpect to the command of the national force requifite in foreign operations; and I have described the political conftitution of the principal ftates in Europe at the time when Charles V. began his reign.

In this part of my work I have been led into feveral critical difquifitions, which belong more properly to the province of the lawyer or antiquary, than to that of the hiftorian. Thefe I have placed at the end of the first volume, un der the title of Proofs and Illustrations. Many of my readers will, probably, give little attention to fuch researches. To fome they may, perhaps, appear the most curious and interesting part of the work. I have carefully pointed out the fources from which I have derived information, and have cited the writers on whofe au thority I rely, with a minute exact nefs, which might appear to border upon oftentation, if it were poffible to be vain of having read books, many of which nothing but the duty of examining with accuracy whatever I laid before the public, could have induced me to open. As ny inquiries conducted me often into paths which were obfcure or little frequented, fuch conftant recourfe to the authors who have been my guides, was Hot only neceflary for authenticating the fals which are the foundations of my reafonings, but may be useful in pointing

the way to fuch as fhall hereafter

hold the fame course, and in enabling them to carry on their researches with greater facility and success.

Every intelligent reader will obferve one omiffion in my work, the reafon of which it is neceffary to explain. I have given no account of the conquefts of Mexico and Peru, or of the establishment of the Spanish colonies in the continent and iflands of America. The history of the fe events I originally intended to have related at confiderable length. But upon a nearer and more attentive confideration of this part of my plan, I found that the difcovery of the new world, the state of fociety among its ancient inhabitants, their character, manners, and arts, the genius of the European fettlements in iu various provinces, together with the in fluence of these upon the systems of poli cy or commerce in Europe, were fubjects fo fplendid and important, that a fuper ficial view of them, could afford little fatisfaction; to treat of them as extensively as they merited, muft produce an epifode difproportionate to the principal work. I have therefore reserved these for a separate hiftory; which, if the performance now offered to the public fhall receive its ap probation, I propose to undertake.

Though, by omitting fuch confiderabl but detached articles in the reign o Charles V. I have circumfcribed my narration within more narrow limits, I am yet perfuaded, from this view of the intention and nature of the work, which I thought it neceffary to lay be fore my readers, that the plan muf ftill appear to them too extenfive, and the undertaking too arduous. I have of ten felt them to be fo. But my convic tion of the utility of fuch a histor prompted me to perfevere. With wha fuccefs I have executed it, the publi must now judge. I wait, in folicitude for its decifion; to which I fhalt fubmi with a respectful filence.

The cafe of Great Britain and America

addreffed to the King and both houses o Parliament. I S. Becket. [36.] THis pamphlet is written with grea

fpicit, force, and perfpicuity; an contains all that has hitherto been faid in favour of the colonies, and more.

The author obferves, that the affair of G. Britain and her colonies are at crifis; and that G. Britain thould imme diately fix the pretenfions that fire wil never relinquifh, and the colonies hav

certai

March 1769. The cafe of Great Britain and America.

certain information of the claims to which
they muft fubmit: for that till this is
done, there will be irresolution on one
fide, and repugnance on the other.

It is faid, that the prefent miniftry
has refolved to tax the colonies by the
authority of the Britifh parliament, and
compell the colonies to fubmiffion; to
examine the juftice and policy of these
meafares, and fuggest others which ap-
pear lefs exceptionable, is this author's
object.

He fuppofes the conftitution of the colonies to depend immediately upon the charters; and, though not the fame in all particulars, to agree in the following: That the inhabitants have a right to tax themselves by their reprefentatives in their provincial assemblies; that none of them vote for representatives in the British parliament; and that all of them are to enjoy the freedom of British fabjects.

To fupport thefe charters, he obferves, that the difpofition of foreign territory belonging to G. Britain has always been rested in the executive power; and that if the crown, when it granted the charters in question, could have ceded the territory of America to a foreign power, it could certainly fix the terms on which its inhabitants fhould continue to be the fubjects of G. Britain.

He further fuppofes, that if the crown was not legally poffeffed of the power to grant fuch charters, yet, that uninterrupted poffeffion for a certain term confers a right; and that the colonists have poffeffed their charters much longer than that term; that they have improved the country from a dependence upon the validity of their title, and the British parliament has seen them do fo, and acquiefced in it; and that therefore it would be great injuftice to deprive them of nights fo purchased and confirmed.

He remarks, that it has been urged, that the parliament can revoke the charter of any city or corporate town in England, however long enjoyed: but he ays the comparison is unfair; because if the charter of a British town be revoked, it must be revoked in an assembly, which is the reprefentative of that town. This, however, feems to be begging the quetion in difpute, Whether America is, or is not, legally reprefented in a British parliament? The author fays, that the charters of America are agreements made tween England on one part, and her

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colonies on the other; but may it not alfo be faid, that the charters granted to British towns are agreements between particular town on the other? and may England collectively on one part, and a it not be asked, Whether the house of Commons is not legally the reprefentative of both the contracting parties in one cafe, as well as the other? that is, Whether every British subje& is not, by the conftitution as it now ftands, fuppofes, by the members of the British posed to be reprefented for all legal purhouse of Commons, chofen as by law directed?

ferts, That he is deprived of the most The American, fays this author, afeffential privileges of a Briton and a freeman, if the colony to which he belongs can be taxed by an assembly in which it is not represented; and the advocate for administration anfwers, That herself that are not reprefented; many there are many natives of G. Britain having no votes in the choice of reprefentatives; and that the colonists have no cause to complain when they are in the fame condition as many of the natives of G. Britain; and asks, would a colony pretend to a better conftitution than the mother-country? He then represents an American pleading his own cause in anfwer to this argument, as follows.

than my mother-country: you have mif. "I do not claim a better constitution reprefented my claims. I have faid, that reprefentatives is the most effential of a right of fuffrage in the choice of our British privileges; but I have not said, that every Briton enjoys that right: nor do I require that every colonist fhould enjoy it. There are many Britons who have no vote in the election of the house of Commons, fo are there many colonists who have no vote in the election of our you will, that in being taxed. by your provincial reprefentatives. Alledge, if parliament, you are taxed by an imperfectb reprefentative; in being taxed by our provincial affemblies, we are taxed by a representative as imperfect. Our freedom therefore, in point of taxation, when we blies, is not greater than yours; it is are taxed by our own allemonly equal to it; our conflitution is an image of yours. But if we are to be taxed by your parliament, our conflitution no longer resembles yours, and eur freedom is annihilated. ny Britons who have not a vote in the If there be ma❤s T? choice

choice of their representatives, there are alfo many that have. The poffeffion of a 40s. freehold, in Britain, confers the privilege of a vote: the poffeffion of the whole continent of America does not confer that privilege. Do you not know the infinite difference between a nation where all have not the power of voting for their reprefentatives, and a nation where none have that power? The former is your condition, and therefore you are a free people; the former is what we claim; the latter is the condition of flaves, and that is what you offer. We claim the right of fuffrage, as the privilege of Britons; and you tell us we have it, because we are like thofe Britons who have it not! We claim the fame conftitution as G. Britain, and you offer us only the defect of that conftitution, but deny us its advantages. England cannot be taxed but by an affembly, where her land is reprefented by knights, her monied intereft by citizens and burgeffes, and therefore the is a free nation. Is then America' on a par with England in point af freedom, if the can be taxed by an aflembly, to which her freeholders fend no knights, and her cities no citizens? You fay, that your right of fuffrage is partially diftributed in Britain; give us then a right of fuffrage as partially diftributed in America. For this reprefentation, partial and imperfect as you call it, your Magna Chartas have been demanded, your patriots have bled, and your monarchs have been dethroned. Was this for nothing? Yet this you depy to the Americans, though you fay to us, Ye have the privileges of Britons. But there is yet another defect in your argument. For it is not true, that we are in as good a condition as thofe Britons whom you call unrepresented, and who are not electors: for even they have this great advantage, that both the reprefentative and the electors pay a part of the tax, as well as those who have no fuffrage [xxx. 284.]: whereas if the houfe of Commons of England thould tax the Americans, neither the representatives nor the electors would pay any proportion of what they impofed upon us; they would not tax, but untax themfelves. The condition therefore of an English man who has no fuffrage, when taxed by the British legiflature, and of an American taxed by the fame authority, are totally diffimilar. Place them in fituations which bear any fimilitude, and it

will thew, in the ftrongest light, the injuftice of the prefent measures. Suppofe then that the parliament of Britain thould impofe a tax, from which themfelves and those who voted for them fhould be exempted, and which should be paid entirely by those who had no fuffrages; this would bear fome refemblance to their taxing the Americans: and would not this be unparallelled inju ftice? But if even this (unjuft as you must efteen it) were the practice of your parliament, the condition of a non-voting Englishman would still be infinitely preferable to ours: for even fuch a tax as I have ftated, would fall upon the rela tions, the friends, the dependants, the tenants, the manufacturers, the labour. ers of British legislators. The legiflator would feel its effects, almost initanta. neously; he would find his own interest immediately concerned; he would there. fore use fome moderation. Befides, he is an eye-witness of their condition, he can judge of their abilities, he can be wounded at the fight of their diftreffes. But he cannot fee our mifery, he cannot judge of our abilities; and his tenant and his manufacturers will feel the immediate effects of our ruin, not in their distress, but in their exoneration. If therefore the legislature of Britain should adopt fuch a fyftem of unparallelled in. justice, with refpect to the non-voting inhabitants of Britain; yet, even the fufferers by, and the objects of injustice, would be happy in comparison of us. Suppose, for a moment, if you can bear the thought, fuppofe for a moment, that your houfe of Commons were not elected by you; that they were an hereditary body, in no wife indebted to your choice; would you not be an inflaved and an unhappy people? But even then you would be happier than we are. A body of 500 men, fituated in the midst of feven millions, and taxing those seven millions, would furely be more bound to moderation, by fear, if not by principle, than the fame body, affifted and supported by those seven millions, in taging two millions who are at a distance. To opprefs, in one inflance, would at least be infamy, if it would not be punishment; in the other they might find it popula rity, they might think it patriotifm. Mr P-tt said, (if I mistake not), that every man in England could buzza at an election: even that method of exprefling one's withes, is fome fatisfaction, and

has

bas some influence; the fhoutings of the people have had great effects; and the very murmurs of Englifhmen, had perhaps more share in the repeal of the ftamp a&t, than the united voice of Ame rica. We cannot even huzza at a British election!

The right of prefenting petitions to parliament was deemed of fo much importance, that it was inferted in the bill of rights. In this fundamental right, the bulwark against parliamentary oppreffion, as well as every other, under what difadvantages fhould we labour, if you were to make laws for us? How different is the effect of a petition prefented by the hands of the injured, inforced by their affiduity, and recommended by their tears, from that of our paper-reprefentations? They are fubject to be milrepresented in a thousand ways. They come cold, and you do not feel them; often too late, and you cannot comply with them; and what was done by you through inattention and mistake, must be maintained for dignity; in a word, they do not ftrike home, either upon your caution or your kindness, your affections or your fears. In this particular the very women and children of England have an influence upon parliament, of which the Americans are deftitute. How different is your lot from ours! In the character of an American, to the people of England I fpeak. Your frequent elections are a valuable privilege to you; what privilege are they to us? At the clofe of a parliament you expect popular inealures, from the fears and the hopes of your reprefentatives. But who will find it his intereft to be a friend to America? They will with to gain the favour of their countrymen, and therefore will burthen America in order to difburthen England, What to you is a valua ble privilege, will be to us a fource of repeated oppreffion. We are worfe even than your Papifts. In being excluded from the right of fuffrage, they are like and as they pay double land-tax, in that additional payment the refemblance continues; for it is a tax impofed by men whom they had no thare in electing, and it is a tax which thofe who impofe it do not pay. But this difability in point of fuffrage, and this additional payment, are penalties inflicted on your Papists: and why? Allegiance as by law required is a quality effential to being a fubject. Your Papills are defective in that quality

They are confidered as not completely fubjects; and, as fuch, penalties are inflicted on them. Your only juftification for inflicting thefe penalties on them is, that you doubt their being fubjects. Your only pretence for inflicting the fame penalties on us is, that we are fubjets. Same penalties, did I fay? nay worse; for as they are inflicted on us, without offence, we cannot by a discontinuation of offence, exempt ourselves from thele grievances. The Papift, by becoming a Proteftant, can free himself from this difability, and this double taxation: but we cannot free ourselves from this mifery, but by cea fing to be Americans. Befides, in every other cafe, except that addition of landtax, your Papifts are in as good a fitua tion as any of the rest of your inhabitants who have not votes: but in every tax you lay upon us, we are in as bad a situation as your Papifts are in that one. Befides, your Papifts are connected with their legiflators, by relationthip, friendfhip, neighbourhood, or dependence. Their poffeffions too are British, and they must have influence, though they have no votes. And the great right of petitioning, they poffefs with all its advantages, and can inforce their petitions by their prefence, their affiduity, their numbers, and their tears. In how much worfe a fituation are we than your Pa-' pifts, whom for their obftinacy in an unconftitutional and perfecuting religion. you have made the outcafts of legiflation! What then is the freedom, and what are thofe British privileges, to which you con fefs we are intitled? What are those rights which we have poffeffed above one hundred years, which we derived from folemn compact, which we have purchafed by an unfhaken allegiance, and by the profits of our trade?"

Upon this plea, however, it may be obferved, that it is unfair to reprefent the difference between G. Britain and her colonies as the fubject of a treaty; the colonies claiming one thing, and G. Britain offering another. The question is not, What fhall be granted? but, What is poffeffed? not, What the conftitution of the colonists may or ought to be made? but, What it is? All the inhabitants of G. Britain deem them. felves free, and are deemed free by others, as well thofe who have not the right of fuffrage, as those who ba.e. If the Americans are flaves in confequence of their not having this right, all who

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