the Doctor hath advanced, is this. That States and public Communities are as much obliged to conform themselves, in every part of their conduct, to the principles of Virtue, Honour, and Generofity, as any particular member whatsoever belonging to the State or Community is. We allow with Grotius, who had one of the beft hearts in the world, and who faithfully ferved his country, tho' he suffered by it, that it is a becoming part in every man, that it is his duty, and no more than what Nature, his own moral Nature, demands of him, to dedicate himfelf, his life, and his all, to the fervice of his country. But when a man acts this part, and by that means makes himself obnoxious to the enemies of his country, we cannot look on that country, but as under the highest obligations to this man, or, at least, as under equal obligations to him as he is to it: And if it is his duty, as far as he can, and at all hazards, to fave and guard his country from the enemy; it must reciprocally be the duty of that country, to protect and shield him at all hazards, from his and their enemies. If treachery and cowardice is bafe in a particular man, how much baler muft it appear, when become characteristical of a whole community? A fact or two will establish this, in the view of common fenfe. Sir Walter Raleigh was a friend to his country, but unluckily happening to difoblige the Spaniard, who, at that time, was the natural enemy of his country, the Spaniard threatened war; and the wife King of that country, the very Solomon of his age, under the pretext of preferving the public tranquillity, did not, indeed, deliver up Sir Walter to the enemy, but became the executioner of the enemy upon his own good fubject. And what was the confequence? Sir Walter lives in the affections of his countrymen, and the Monarch becomes infamous to all pofterity. Need we to this fubjoin the cafe of the brave and difinterefted Wentworth, Earl of Strafford, whom the King, who loved him, and whofe interefts he supported against an antimonarchical party, delivered up, at the Earl's own defire, as a victim to that very party, in order to prevent a civil war? Had not this King felt remorfe, and to his dying day bewailed the action, we fhould have hated him, notwithstanding all his accomplishments and fufferings; at beft, we cannot, even at this diftance of time, reflect on this part of his conduct, without mingling contempt with our pity. Such are the fentiments that naturally arife when a State, or public, acts with pufillanimity, ingratitude, or meannefs; for Kings are public perfons, and, in tranfactions of this fort, reprefent the State. And if neither a regard to the public tranquillity, nor a defire

tg

to prevent rebellion, can juftify fuch base measures; no more would the daftardly pretence of patching up a peace. But leaving this, we pass on to our Doctor's tenth and laft chapter, concerning the changes to which States and Civil Conftitutions are liable.

By the changes to which States and Civil Conftitutions are Jiable, the Doctor does not mean fuch as are the effect of fecret ftratagem or open force; tho', indeed, he accidentally touches upon one or other of these; but fuch only as are the effect of law, or mutual confent. He confiders the changes befalling States and Civil Conftitutions, not as they may be introduced any how, or by any means, but as they take place in right, and may be juftified at the bar of Reafon. This kind of change may be affected, he thinks, in these three ways only. ift, By mutual confent between the governing part of the State, and the body of the people. 2dly, By the governing part, fuch as the family of an hereditary Prince becoming extinct. And 3dly, By a wilful and notorious violation of compact on the part of the Governors.

In difcuffing the firft of these heads, he obferves, that tho' Civil Conftitutions are ultimately founded in a law, which proceeded from the collective body of the State, before the legiflative was vefted in any particular part of it; yet we may argue about them, as if wholly founded in compact, becaufe the compact between the governing part of the fociety, and the people, is the immediate caufe, which eftablishes this law fo as to make it binding upon both. He afterwards adds, that as this law and compact are commonly unwritten, ufage, or continued practice, is the only evidence of the tenor of either of them. Whatever conftitution, therefore, might appear, from former ufage, to have been established in any civil fociety; a different, or a contrary ufage, after it obtains, will afford, to every reasonable mind, the fame force of evidence that the Governors and people have, by admitting a different, or contrary ufage, to take place, mutually agreed to change the conftitution, by releafing one another from the terms or conditions to which they had obliged themselves by a former contract. If this reafoning of the Doctor's be juft, as, indeed, it very much appears fo to us; how cautious ought a people to be of admitting any cuftoms, or usages, that may countenance any encroachment upon their privileges: and how affiduous to retrench all fuch as do fo!

The Doctor farther obferves, under this particular head, that if the constitutional Governors, and the people, release one another, by exprefs confent, from the obligation of the

old

old compact, or without any fuch antecedent release, agree to eftablish a new form of government: this agreement will be a tacit and effectual, as the former was an open and no less effectual, release of both parties, from their respective obliga tion of adhering to the old. But the Doctor adds, with great judgment, that the legislative body of a State is only one of the parties in the compact, by which the conftitution of the State is established; and, confequently, that the acts of this body, tho' they bind the whole Society in other things, will not be fufficient to change the conftitution, without the immediate and direct confent of the people; because these representatives are only a part of the legislative body, the whole of which is only one party included in the compact, the peaple being the other. And he well obferves, that in limited monarchies, where the people act in the legislative by their representatives, that if we do not attend to this, we may be apt to imagine what is entirely falfe in this particular case, that the confent of the reprefentatives is the confent of the people.

Under the fecond head, befides the extinction, our Author makes mention of the abdication, of families; and obferves, that conftitutions which are monarchical, either in the whole or in part, will, upon the abdication of any prefent poffeffor of a kingdom, cease, notwithstanding the law has established hereditary fucceffion: because the whole effect of a civil law, which eftablishes inheritance, confifts in tranfmitting to the children, or other heirs, what the ancestor poffeffes at the time of his death. Should he therefore, in his life-time, abdicate, or relinquifh his right, the law will produce no effect at his death: for there will be nothing left for them to claim under the law, nothing left for the law to transmit to them. To this he adds,

That when a kingdom is refigned with the confent of the people, the heir may, whatever be the order of fucceffion, enter upon it immediately. But he remarks withal, that this effect is brought about, not by the operation of any former law, that may have made the kingdom hereditary, but by the Society's pofitive confent, obtained upon this occafion.

The third and last rightful occafion of change in Governments, as thefe occafions are enumerated by the Doctor, is, violation of contract. A compact, fays he, when violated by one of the parties, is ufually faid to be void: but, if we speak accurately, we should rather say, that it may be made void at the difcretion of the other party. For certainly it would, in general, be a hardfhip upon one or other of the parties in a compact, were the obligation of it neceffarily void, whenever

onc

one of the parties broke the conditions of it; fince, by this means, one who did not chufe to comply with the claims which another had upon him by compact, would have nothing else to do, in order to extinguifh these claims, but to break the compact: This would be a manner of proceeding not only inconfiftent with equity, but with reafon; for thus the party who broke a compact, would not only, in many inftances, merely by the breach of compact, gain a benefit to himself, but have it in his power alfo, by his fole will, to destroy the obligation of that compact, which arofe only from, and could in reafon be diffolved only by, the confent of both parties. However, adds the Doctor, it is fufficient for our present purpose, to obferve, that when the compact, by which the people gave their Civil Governor a part of the fovereign power, is broken on his fide, the obligation of it is voidable, or may be fet afide, at the discretion of the people. To all this the Doctor adds a remark, deferving of the utmost attention. There is a fignal difference, fays he, between the effect of the fame wrong when done by a Monarch, and when done by a people. Upon a Monarch's failure to perform what he was obliged to by the original compact, his fovereignty reverts to the people; because it belonged to them originally, and was holden on his part only by compact; and, confequently, it is at their difcretion, upon fuch an event, to reinftate him, or not. But when the people violate the compact on their fide, tho' it is voidable at the difcretion of the King, or other Civil Governor appointed by them; yet if he chufes to abide by it, he has no right to any power but what he derives from it and if he chufes to make it void, instead of augmenting his fovereign power, he will lose what he had; and the fovereignty, as in the other cafe, will revert to the people, Thus the people may claim to change the conftitution, when a King, &c. invades their part of the fovereign power; whereas he, tho' the people fhould causelessly and wrongfully invade his part, can only claim to continue the conftitution.

Thus have we given what, in fome refpects, may be called an analysis of the fecond volume of Dr. Rutherforth's Inftitutes of Natural Law. We have found in it fome peculiarities as to orthography, fome of which we have made no fcruple to comply with, in copying from the Doctor, fince they seem to point out more fully the etymology of the refpective words, than is done by the common way of writing them. Such are plane, planeft, and planely, from planus; proclame, from proclamo; repare, from reparo, But others of

them

them feem less eafy to be accounted for: fuch are joyns, joynt, joyntly, enjoyned; fet, for fit; fetting, for fitting complane, difpare, waive.

Upon the whole, were we to judge of this piece by the Horatian ftandard, we fhould be obliged to conclude, that altho' it every where abounds in the Utilé, as may be feen by this small specimen of it; yet it hath very little in it of the Dulcé.

Aftronomy explained upon Sir Ifaac Newton's Principles, and made eafy to thofe who have not ftudied Mathematics. By James Ferguson. Sold by the Author, at the Globe, oppofite Cecil-ftreet in the Strand. 4to. 15s.

HERE is fcarce any ftudy that feems better calculated

TH

to enlarge the mind, to raise it above mean and vulgar prejudices, and to fill it with fentiments of the most profound reverence towards the ORIGINAL PARENT MIND, the Father of the Univerfe, the Ever-flowing Fountain of Good, than the study of Aftronomy. Whoever, therefore, employs his pen in conveying fome general knowlege of this useful branch of science, to thofe who are unacquainted with mathematical calculations, and who have neither leisure nor capacity to tread the dry and intricate paths of Geometry, certainly deferves the thanks of the public. Among the vast .numbers, indeed, of those who are engaged in literary pur fuits, there are but few who are qualified to treat fubjects of this kind in an eafy and familiar manner; to strip them of that ftiff and uncouth drefs in which they have generally made their appearance, and to bring them down to the level of vulgar capacities.

The Author of the work now under confideration appears to be very well qualified for the task he has undertaken; his ideas feem to be clear and diftinct; his language is eafy and perfpicuous; and his illuftrations are ingenious and pertinent. He has divided his performance into fixteen chapters, the first of which contains a brief defcription of the Solar System, the truth of which is demonftrated in the fecond; and the appearances refulting from the earth's motion defcribed. In treating of the earth's motion, he endeavours to illustrate it in the following manner.

Let us imagine,' fays he, a prodigious large room of a round form, all hung with pictures of men, women, birds,

beafts,