it, after it is made. But our right in refpect of the marriage 'contract is not a right of full liberty; the law of God has

not left us free, when we bind ourfelves by this contract, 'to make it either temporary and precarious, or perpetual and 'conftant; we are at liberty on the one hand to bind ourselves

by a perpetual contract, or not to bind ourselves at all; but < if we chufe to make ourselves parties in this contract, we ⚫ are not at liberty on the other hand, but are obliged by the law of God, to make it a perpetual one. We cannot therefore oblige ourselves to the contrary by the focial com'pact; and confequently, when we consent to a marriage contract, we cannot be understood to confent, that it fhall be perpetual, upon condition of its not being refcinded • afterwards. This condition takes place only in respect of fuch rights to bind ourselves, as are fubjected to the civil legisla tor by the focial compact: whereas the right to bind our. felves by a perpetual marriage-contract, if we bind ourselves by any marriage-contract at all, could not be thus fubjected to the civil legiflator, confiftently with our obligation to obey the law of God.'

In confidering changes made in the fucceffion of princes, he afferts, If the king in poffeffion, and the body of the fo*ciety, concur in changing the law of fucceffion; there is no 'natural reason, why fuch a concurrent act should not be valid. For the notion of a fundamental law of any civil con'ftitution does not confift in its being unalterable by any hu'man power whatsoever, but in its being unalterable by the conftitutional legislative body, where this body is only a part of 'the whole fociety. If there is any doubt, whether such a 'concurrent act can of right limit or alter the fucceffion; this 'doubt must arise from a fuppofition, that the fucceffors, be •fore they come into poffeffion, have acquired a right to fuc'ceed, which cannot without their confent be naturally taken 'from them. But it is evident, that if they who would have 'fucceeded, fuppofing the law had continued as it was, are ' yet unborn, they can have no right at all: and confequently no injury is done them, if the fucceffion fhould, before they are born, be fo limited or altered by the concurrent act of the king and the people, as to exclude them. The dif'ficulty will be fomewhat greater, if the fucceffors are in beVOL. II.

R

ing

ing at the time, when this alteration is made.

But there are two ways, in which we may explain this difficulty. In thefirst place, the supposed right of the fucceffors is only an expectancy during the life of the present successor: this ex'pectancy is supported by nothing but the law; it cannot become a right, in the proper fenfe of the word, till it is accepted and as long as the prefent poffeffor lives, there 6 can be no acceptance on the part of the fucceffor. If there'fore the law, which supported the expectancy, is changed, before the demise of the present poffeffor; this expectancy • can never become a right at all. Or otherwise. The fucceffors must be confidered either as parts of the legislative, or as parts of the collective, body of the fociety. But during the life of the prefent poffeflor, the fuppofition here made, that he alone is the legiflative body, excludes them from being confidered as parts of this body. And if they confidered only as parts of the collective body, the ge'neral act of the fociety concludes them, whether they im- › 'mediately and directly confent to such act or not.'

are

The feventh chapter turns on interpretation-the way to afcertain our claims, as they arife from promifes, contracts, or wills, and our obligations, as they arife from inftituted laws, to collect the meaning and intention of the promifer, contractor, teftator, or law-maker, from fome outward figns. or marks and the collecting of a man's intention from fuch figns or marks is called interpretation. This, he divides into three forts, according to the different means it makes use of for obtaining its end.

These three forts of interpretation (fays he) are literal, rational, and mixed. Where we collect the intention of the speaker or the writer from his words only, as they lie before us, this is literal interpretation. Where his words do not express his intention perfectly, but either exceed it or fall 'fhort of it; fo that we are to collect it from probable or rational conjectures only, this is rational interpretation. And where his words, though they do exprefs his intention, when they are rightly understood, are in themfelves of doubtful meaning, and we are forced to have recourfe to the like conjectures to find out in what fenfe he used them; this fort of 'interpretation is mixed, it is partly literal and partly rational;

' we

we collect the intention of the speaker or the writer from his words indeed, but not without the help of other con'jectures.'

He obferves, that the literal and grammatical performance of a contract is not always a due performance of it; and yet that very contract is to be understood according to the literal and grammatical fenfe of the words in which it is expreffed. For example,

The Locrians (Jays he) coming into the extreme parts of Calabria, found the Sicilians in poffeffion of it. But the Sicilians, ⚫ being alarmed at their unexpected arrival, made a league with 'them, in these words-That the Locrians would preserve amity with them, and would allow them to enjoy that country in common with themselves, as long as they should • tread upon this earth and have thefe heads upon their 'fhoulders. The Locrians, when they came to fwear to this contract, had first put earth in their fhoes, and had privately faftened upon their shoulders heads of garlick. And as 'foon as they had taken the oath, they threw the earth out of their fhoes and the heads of garlick from their shoulders; ‹ and upon the first opportunity drove the Sicilians out of the country. In common, ufe the literal and grammatical fenfe of thefe expreffions-As long as we tread upon this earth, and as long as we wear these heads upon our fhoulders

6

⚫ are equivalent to our faying-as long as we live. The Lo'crians might indeed call theirs a literal and grammatical ❝ sense, but it is such a literal and grammatical fenfe as common ufage knows nothing of. When Temures had articled with the garrison of Sebaftia, that no blood should be shed; he ordered all the prifoners to be buried alive. He might say, that ' he kept to the letter and to the grammar of his articles; for ' though he took away the lives of the prisoners he did not shed their blood. But not to fhed their blood;when the words are understood according to fuch a literal and gramma'tical sense, as common ufage has given them; does not barely mean-not to kill them by letting out their blood; it ' means—not to kill them at all in any manner whatsoever.'

The author has handled this fubject of interpretation at large with great perfpicuity, and illuftrated his arguments with a variety of entertaining examples. [To be continued.]

ART. IV. The CADET. A Military Treatife. By an Officer. 8vo Pr. 5s. Johnston.

Vis confilii expers mole ruit fuâ-HORACE.

HIS fmall treatife in octavo dedicated to the Duke of

T to of the army, TH

Cumberland, and inscribed to the officers of the army, comprehends a collection of military maxims from the practice of the most approved officers, adapted to the different branches of difcipline, and the various emergencies of actual fervice; and these quotations are illuftrated and explained by the author of this treatife, whofe remarks feem to be the effect of judgment, reflection, study and experience.

After having in the first chapter demonstrated the neceffity of preferving uninterrupted discipline among the troops, in peace as well as in war, he treats of the exercise, and recommends the practice of all the manoeuvres of a campaign, event in times of tranquillity; to form experiments and execute the different movements of marches, countermarches, attacks, retreats; as well as to employ the foldiers in mending roads, bridges, and causeways, and in other works of public utility.

He enjoins filence as a neceffary part of discipline, which prevents clamour, confufion, and oftentimes a pannic like that which feized a Roman army in Iftria, commanded by Aulus Manlius, which was thrown into confufion and rout by the outcries of a fingle foldier.

He enumerates the inconveniencies that arife from mistaken. good nature in the officers who overlook a relaxation of dif.. cipline, and other faults in the foldiery; from a want of know-› ledge in billetting troops among difperfed villages; from the careleffness of the foldiers in appearing undreffed on the parade when the general beats, and from their ftraggling from the ranks in marching. Then he confiders court-martials, with. the nature of punishment, to be varied according to the dif-. ferent degrees of delinquency; and juftly finds fault with most of the punishments now in ufe among the foot regiments; fuch as confinement in a guard-house or black hole, which fubjects the criminal to rheumatisms, pleurifies, and other diforders, foils his regimentals, and renders him familiar with dirt and naftinefs; the wooden horfe and cat of nine tails,

which may be of mischievous confequence to fome parts of his body, and even endanger life. On this fubject of exercife, he obferves, that many of our evolutions are unnecessary in action; and fome altogether impracticable. • The principal objects of the manual exercife (fays he) are these, viz. To inform the foldier how to load in the most expeditious way; 2dly, To keep up his fire or make his difcharge, as 'occasion shall offer; 3dly, To accustom him never to fire ❝ without command, or taking a proper aim, fo as not to throw away his ammunition without doing execution, which frequently happens to troops who are not trained in this manner; 4thly, To make him fire at a mark against a ⚫ wall, or target, that he might know what progress he makes: This expence is very small, yet neceffary, and all else of • little confequence.'

Puyfegur judicioufly obferves, that as engagements may "happen in all kinds of places, the Romans not only exercised "their foldiers in the open plain, but in defilès, narrow "ftreights, and paffes, in which it would be difficult to march "and preferve their order; that being obliged to fight in fuch "places, they might by this habitude be lefs exposed to confu"fion, which the novelty might occafion."

The fixth chapter contains a fcheme of exercife invented by the author, on the fuppofition of the enemy's being in front, which for the fake of our military readers we shall infert as a curious piece of difcipline. In the firft place, when 'the officers appointed to command platoons, are ordered to their pofts, the fupernumeraries fhould be in the rear; every one attach'd to a particular platoon at the oppofite angle to the officer commanding it; one ferjeant on the angle in the rear of the officer commanding the platoon, another on the angle in the front of the fupernumerary, the major and orderly drums in the rear; pioneers making the referve for the colours. Secondly, the manoeuvre of the regiment might be regulated by a drum placed at a diftance in the front, and fuppofed to belong to the enemy, from whofe different beats (under the orders of the reviewing general) the regiment may oppofe the proper difpofition, viz. After the manual exercife is over and the officers called to the ❝ front,

R 3