26 On the ORIGIN and STRUCTURE of 



independent fovereignty, with which, in the favag.e (late, they 

 governed their own conduct. The jus vitas et necie, compe- 

 tent to the Germans over wives, children and flaves, is mention- 

 ed by TACITUS. And we find, after the conqueft of the Ro- 

 man provinces, the rights of making war and levying troops 

 every where recognifed, as one of the powers of the private 

 proprietor. It has been thought, that this right of waging war 

 was a privilege ufurped by the feudal nobles ; but a further en- 

 quiry has fully proved, that it was an inheritance tranfmitted 

 down to them from the origin of the nation. And, in facl, it 

 was not an inheritance which had been preferved by them entire ; 

 for, either from apprehenfion of the end of the world approaching, 

 or other caufes of more fteady operation, they had gradually 

 fubmitted it to various reftri6lions } and, in particular, that they 

 fhould only ufe it in revenge for perfonal injuries, and not on 

 account of property or intereft*. I have marked below, abun- 

 dant evidence of this right of making war f j but I cannot 

 forbear mentioning, in particular, that ARM GRIM us JONAS tells 

 us of ,a ftranger that acquired vaft eftates to himfelf in Iceland, 

 during the fubfiftence of the Icelandic republic, by a fort of 

 right of conqueft, refulting from his victories in wars with 

 individuals J. 



IN a ft ate of fociety where men retained fuch a degree of in- 

 dependence, it is manifeft, that, in proportion as property be- 

 came 



* BEAUMANOIR coutume de Clermont, cap. 59. 



| Ordenamiento de Alcala, tit. 29. HURBERTS Statuta Poloniae, voce Guerra, p. 190. 

 L L. Alfred. 28. L L. Jnae, \ 9. L L. Edin. \ i. BOUQUET Droit public, p. 312. 

 and 447. L L S. Steph. r. Reg. Httngar. cap. 33. Codes of the Barbarians, paffim. 

 where family wars are fuppofed. L L. Robert! i. c. 20. Eftablifhments de St Louis, 

 et Ordinances des Rois de France, paffim. But, efpecially, BEAUMANOIR, loc. cit. 

 where he enters into a full detail about it. 



t In- COOK'S laft voyage, the following cuftom among the iflanders of the Pacific 

 eicean is mentioned : " If a perfon kill another in a quarrel, the friends of the deceafed 

 " aflemble and engage the furvivor and his adherents. If they conquer, they take pof-. 

 " feflion of the houfe, lands and goods of the other party j but, if conquered, the reverfe 

 " takes place,." Vol. ii. />. 173. 



