If men, during ages of extensive reflection, and employed in the search of improvement, are wedded to their institutions; and, labouring under many acknowledged inconveniencies, cannot break loose from the trammels of custom; what shall we suppose their humour to have been in the times of Romulus and Lycurgus? They were not surely more disposed to embrace the schemes of innovators, or to shake off the impressions of habit: they were not more pliant and ductile, when their knowledge was less; not more capable of refinement, when their minds were more circumscribed.

We imagine, perhaps, that rude nations must have so strong a sense of the defects under which they labour, and be so conscious that reformations are requisite in their manners, that they must be ready to adopt, with joy, every plan of improvement, and to receive every plausible proposal with implicit compliance. And we are thus inclined to believe, that the harp of Orpheus could effect, in one age, what the eloquence of Plato could not produce in another. We mistake, however, the characteristic of simple ages: mankind then appear to feel the fewest defects, and are then least desirous to enter on reformations.

The reality, in the mean time, of certain establishments at Rome and at Sparta, cannot be disputed: but it is probable; that the government of both these states took its rise from the situation and genius of the people, not from the projects of single men; that the celebrated warrior and statesman, who are considered as the founders of those nations, only acted a superior part among numbers who were disposed to the same institutions; and that they left to posterity a renown, pointing them out as the inventors of many practices which had been already in use, and which helped to form their own manners and genius, as well as those of their countrymen.

It has been formerly observed, that, in many particulars, the customs of simple nations coincide with what is ascribed to the invention of early statesmen; that the model of republican government, the senate, and the assembly of the people; that even the equality of property, or the community of goods, were not reserved to the invention or contrivance of singular men.

If we consider Romulus as the founder of the Roman state, certainly he who killed his brother, that he might reign alone, did not desire to come under restraints from the controling power of the senate, nor to refer the councils of his sovereignty to the decision of a collective body. Love of dominion is, by its nature, averse to restraint; and this chieftain, like every leader in a rude age, probably found a class of men ready to intrude on his councils, and without whom he could not proceed. He met with occasions, on which, as at the sound of a trumpet, the body of the people assembled, and took resolutions, which any individual might in vain dispute, or attempt to control; and Rome, which commenced on the general plan of every artless society, found lasting improvements in the pursuit of temporary expedients, and digested her political frame in adjusting the pretensions of parties which arose in the state.

Mankind, in very early ages of society, learn to covet riches, and to admire distinction: they have avarice and ambition, and are occasionally led by these passions to depredations and conquest: but in their ordinary conduct, are guided or restrained by different motives; by sloth or intemperance; by personal attachments, or personal animosities; which mislead from the attention to interest. These motives or habits render mankind, at times, remiss or outrageous: they prove the source of civil peace or of civil disorder, but disqualify those who are actuated by them, from maintaining any fixed usurpation; slavery and rapine, in the case of every community, are first threatened from abroad, and war, either offensive or defensive, is the great business of every tribe. The enemy occupy their thoughts; they have no leisure for domestic dissentions. It is the desire of every separate community, however, to secure itself; and in proportion as it gains this object, by strengthening its barrier, by weakening its enemy, or by procuring allies, the individual at home bethinks him of what he may gain or lose for himself: the leader is disposed to enlarge the advantages which belong to his station; the follower becomes jealous of rights which are open to encroachment; and parties who united before, from affection and habit, or from a regard to their common preservation, disagree in supporting their several claims to precedence or profit.

When the animosities of faction are thus awakened at home, and the pretensions of freedom are opposed to those of dominion, the members of every society find a new scene upon which to exert their activity. They had quarrelled, perhaps, on points of interest; they had balanced between different leaders; but they had never united as citizens, to withstand the encroachments of sovereignty, or to maintain their common rights as a people. If the prince, in this contest, finds numbers to support, as well as to oppose his pretensions, the sword which was whetted against foreign enemies, may be pointed at the bosom of fellow subjects, and every interval of peace from abroad, be filled with domestic war. The sacred names of liberty, justice, and civil order, are made to resound in public assemblies; and, during the absence of other alarms, give to society, within itself, an abundant subject of ferment and animosity.

If what is related of the little principalities which, in ancient times, were formed in Greece, in Italy, and over all Europe, agrees with the character we have given of mankind under the first impressions of property, of interest, and of hereditary distinctions; the seditions and domestic wars which followed in those very states, the expulsion of their kings, or the questions which arose concerning the prerogatives of the sovereign, or privilege of the subject, are agreeable to the representation which we now give of the first step toward political establishment, and the desire of a legal constitution.

What this constitution may be in its earliest form, depends on a variety of circumstances in the condition of nations: it depends on the extent of the principality in its rude state; on the degree of disparity to which mankind had submitted before they begun to dispute the abuses of power: it depends likewise on what we term accidents, the personal character of an individual, or the events of a war.

Every community is originally a small one. That propensity by which mankind at first unite, is not the principle from which they afterwards act in extending the limits of empire. Small tribes, where they are not assembled by common objects of conquest or safety, are even averse to a coalition. If, like the real or fabulous confederacy of the Greeks for the destruction of Troy, many nations combine in pursuit of a single object, they easily separate again, and act anew on the maxims of rival states.