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The rights of men in general.
Laws of defence in general.
Difference of rights.

• General divifion.-Rights perfonal.-Rights real.-Ori ginal rights.-Adventitious rights.

Laws of acquifition in general.
Law of occupancy.

Law of acquifition by labour.

Law of acquifition by contract.

The obligations of contract.-Laws of contract in general.-Contracts of different denominations.-The exceptions to contracts in general. Exceptions peculiar to conditional and reciprocal contracts.

Law of acquifition by forfeiture.

Of the law of acquifition as applicable to particular rights. • Of poffeffion.-Of property.-Of command or service. Of the law of defence.

Of the means of defence in general.-The cafe of parties ftrangers to each other.-Case of fellow-citizens.-Cafe of nations. Conclufion of jurifprudence.

PART VI. Of Cafuistry.

• Of the fanction of duty in general.
• Of the fan&tion of religion.
• Of the fanctions of public repute.
Of the fanction of confcience.

"Of the tendency of virtue in external actions.

Of the different branches of virtue.-Duties referred to probity. Duties referred to prudence. Duties referred to temperance. Duties referred to fortitude.-Ufes of cafuiftry.Of merit and demerit.

PART VII. Of Politics.

Introduction.

Of public economy.

• Of national refources in general.--Of populoufnefs.-Of

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Of this law in general. Of the fafety of the people.— Of the happiness of a people.-Of the fitnefs of the inftitution to the people. The diftribution of office fitted to the conftitution. Importance of political inftitutions.'

As fpecimens of the doctor's manner, we fubjoin the follow. ing extracts.

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Of the San&tion of Religion.

Religion is the fentiment of the mind relating to God.

The fanction of religion is its tendency to influence mens conduct.

This tendency is of two kinds.

The first is, to make men love wisdom and beneficence, as being the characteristics of the Supreme Being, whom they adore; and to make them love their fituations, and their duties, as being appointed by Providence.

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• The second is, to make them hope for rewards, and to fear punishments.

The religious doctrine of rewards and punishments is a fpecies of compulsory law, extending to all the thoughts and inclinations, as well as the actions, of men.

• This law, in all its extent, can be fafely applied by every perfon only to himself.

When magiftrates think themselves armed with the fanction of religion, and intitled to restrain thoughts as well as actions, they attempt what is placed beyond the reach of their power,

Superftition, or the abuse of religion, has been accompanied with very fatal effects :

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With a mifapplication of moral esteem, and the fubftitution of frivolous rites for moral duties; with cruel animofities of party, and a false apprehension of sanctity in any acts of injustice and horror that proceed from a fuppofed religious

zeal.'

Of the fafety of the people.

By the people is to be understood, not any feparate class, but all the members of the community, the magiftrate as well as the fubject.

The fafety of the people confifts in the fecure enjoyment of their rights.

That the rights of men may be fecure, it is neceffary, either that there fhould be no one to invade, or that there should be a fufficient power to defend.

• The first is not to be expected in human affairs; the fecond is the principal object of political establishments.

• It has been the object, or the fortune, of fome communities, to póffefs members who might be intrufted with any

powers.

• It has been the object of other communities, to grant such powers only as might be intrusted with any men.

These several cafes, real or fuppofed, may be intitled, The government of Innocence, of Virtue, and of Lar.

Under the government of innocence, or of virtue, matters of form are easily adjusted.

* Under

Under the government of law, it is neceffary, that the rights and obligations of men should be clearly expreffed. This is the object of conventional law.

In every convention is fuppofed the confent of parties given in perfon, or by others properly authorifed.

The fovereign is authorised to enact laws.

Laws relate to the conftitution, to civil rights, or to crimes.

The most perfect laws relating to the conftitution, are fuch as confer on the magiftrate power to restrain crimes, and to defend the community; but under limitations fufficient to prevent the abuse of this power.

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The most perfect laws relating to civil rights, are fuch as effectually secure every perfon in his ftate.

It is the maxim of civil law, That every person should remain in his poffeffion, until a better title is undoubtedly proved.

Laws relating to crimes, prefcribe the form of trials, and point out the overt acts for which certain punish:nents are appointed.

The following are maxims of natural law relating to profecutions.

That every perfon is to be deemed innocent until he is proved to be guilty.

That no one fhall be obliged to give evidence that may affect himself.

That no one shall be tortured into confeffions or discoveries of any fort.

That no one shall be punished, unless he shall have committed fuch overt acts as the law has pronounced to be criminal.

That it is better the guilty efcape, than the innocent fuffer.

That no feverer punishment be inflicted for any crime, than is required to correct the guilty, and deter others.

To fecure legal rights, it is neceffary that the laws fhould be ftrictly interpreted and applied.

Under the government of law, difcretionary powers are not fafely intrufted, except to judges named by the parties; or to juries purged by the challenge of parties, and interested equally to protect the innocent and to punish the guilty.

In the fecurity of rights confifts civil and political liberty. Liberty is oppofed to injuftice, not to reftraint; for liberty even cannot fubfift without the fuppofition of every just reftraint.

VOL. XXIX. May, 1770.

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• Natural

Natural liberty is not impaired, as fometimes fuppofed, by political institutions, but owes its existence to political inftitutions, and is impaired only by ufurpations and wrongs.

The laws of different communities beftow unequal privileges on their members; but liberty confifts in the fecure poffeffion of what the law beftows.

Those are the most falutary laws which diftribute the benefits and the burdens of civil society in the most equal manner to all its members.'

XIII. Obfervations on a Pamphlet, entitled, Thoughts on the Caufe of the Prefent Difcontents. By Catharine Macaulay. 8vo. Pr. Is. Dilly.

IN

Affume a virtue, if have it not.

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SHAKESPEARE.

N this pamphlet our political heroine declares war against the author whofe performance fhe has undertaken to review. Of her motto we muft obferve, that in the original place, where the advice is given, it is just and proper: it is addreffed by Hamlet to his mother; and when a woman has broken down the bounds of all decorum, when the lives in the rank freat of an adulterous bed, it then becomes neceffary to bid her have fome regard to decency, if she has renounced all virtue. Hypocrify, as far as it ferves to throw a veil over the fenfual gratifications of the fair fex, may be confidered as part of the female toilet; but the affumption of a virtue which we have not, can only lead among men to fraud, diffimulation, and all the vices of a counterfeited character. Whatever a political writer may think upon certain points or principles, we hold it just that he should avow his fentiments. His real character is thereby made known, and the public are enabled to judge whether a man of his caft of thought can be of fervice in public affairs. Let him fupprefs his political creed, and when he has worked himself into employment, the effects of his administration will be the more pernicious, as he will endeavour to obtain his end by fecret machinations. - Having premised thus much, we now proceed to analyse the work before us.

It is an undertaking of the higheft difficulty as well as delicacy to point out the corruptions or mistakes of men, whofe disappoint ed ambition hath led them to offer their fervices to an alarmed and inraged populace, and whofe abilities of character and situation promife a fuccefsful exertion in the cause of opposition. I will ever in all great points of national welfare, exprefs my genuine opinions to my countrymen ; and on this confideration alone I undertake the invidious task of making disagreeable obfervations on

the

Macaulay's Obfervations on Thoughts on the prefent Difcontents. 387 the baneful tendency of a pamphlet, entitled, "Thoughts on the "Cause of the prefent Difcontents."

The pamphlet in question is written with great eloquence, acuteness, and art; but its fine turned and polished periods carry with them a poifon fufficient to deftroy all the little virtue and understanding of found policy which is left in the nation. Whilft the obvious intent of this pernicious work is to expose the dangerous defigns of a profligate junto of courtiers, fupported by the mere authority of the crown, against the liberties of the conftitution; it likewife endeavours to mislead the people on the fubject of the more complicated and fpecious, though no lefs dangerous mancuvres of aristocratic faction and party, founded on and supported by the corrupt principle of felf-interest.

"It is often retorted on fpeculative reafoners in policy, that not having been engaged in the practical parts of administration, they are apt to run into refinements incompatible with the grofs and vicious nature of human affairs. Had thefe practical gentlemen ever attempted to prove that their speculative antagonists grounded their pofitions on a false mistaken notion of a non existing virtue in mankind, there would be fome weight in their affertions: but as all fyftematical writers on the fide of freedom, plan their forms and rules of government on the just grounds of the known corruption and wickedness of the human character, I shall be apt to fufpect with the vulgar that their opinions are folely formed on finifter views.

Had any thing befides a mode of tyranny more agreeable to the interests of the aristocratic faction, which took the lead in the oppofition to the arbitrary adminiftration of king James, been the probable confequence of the Revolution; that important circumitance in the annals of our country had never taken place.

The extenfion of popular powers hath ever been regarded with a jealous eye by a mifinformed and felfifh nobility. To diminish the force of new acquired privileges, and as a bulwark to the party against the dreaded vengeance of a routed, though hardly fubdued faction, the power of the reigning prince was to be ftrengthened by every diabolical engine which the fubtle head and corrupt heart of a ftatefman could invent. The nation, instead of being the paymafters, were to become the creditors of government. The larger the national debt, the stronger was fuppofed to be the operation of this ftate engine; the more the people were beggared, the more it di minished their conftitutional independency; and the largenefs of the revenue, neceffary for the fupply of fo expenfive a government, with the yearly intereft to be paid to its creditors, it was foreseen would afford variety of excufes for levying exorbitant taxes on the public and thus the management of the revenue would give fo large an additional power to the crown, as to make ample amends for the lofs of a few idle prerogatives.

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The wicked fyftem of policy fet on foot by the leaders of the Revolutionists in the reign of king William, and which proceeded perhaps more from fear of perfonal fafety than from any very ma licious intent against their country, was thoroughly completed un. der the adminiftration of their fons. But whilft this ftate faction, who called themselves whigs, but who in reality were as much the deftructive, though concealed enemies of public liberty, as were its more generous, becaufe more avowed adverfaries the tories; whilft they were erecting their batteries against those they termed inve

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