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Show l [ xvii ] ral Sovereign, without fuppofing, at the (among the Grecians) " were made upon fame time, fome reciprocal obligation or duty to fubfil'r between them; which is no- "the propolhl of the l‘viagif‘trate, with thing elfe but the implication of a mutual Covenant: and, indeed, the formalities of every Coronation fufliciently indicate and warrant fuch an implication; and the in- fringements made by Monarchs on {rich implied Covenants have, in all ages, been occafionally punilhed by the expulfion and deflruélion of the Tyrants themfelves, of which molt nations have, at fome time or other, afforded an example. Neverthelefs, the learned Baron feems to have negleéted thefe neceflary confiderations; for he aflerts, that the diftiné‘tion between a Compaé? or Covenant, and a Law, is obvious. " For 9. Com- "pail" (lays he) "is a Promi/e, but a " Law is a Command. In Compafis the " form of {peaking is Iwill do {0 and " the Knowledge, and fly flie Comma/2al " of the People, and lo" (as it were) " in the way or [range/n or flipnlazion," (favs he,) " they gave them the name of " Covrnan/s and flgrecnzenz heforemen- " tionedz" and yet he will not allow ‘(notwithfianding {rich authority) that they are properly fl'iled " Covenanz's," having puzzled himl‘elf with the difl‘e- rence between a national Covenant and a Covenant/of individuals; " for, in this laft " " " " cafe," (fays he,) " a perfon that (ii/#723 it nor bound, and the party cannot pro~ ceed without him ; whereas, in the for" mcr cafe, even the n'iflT-izting Parly is "tied and obliged by the plurality of " votes." Now the learned Baron has not been aware that this very reafon, whic he himfelfhas alligned, confirms " fo; but in Law the form runs, a'o am the "fa, after an imperative manner." Book which he condemns, (viz. the applying I. c. 6. §. 2. p. 47. the name of Covenants and Agreements to Lawn) for, he allows, that " the (ii/fixat" ing Party is tied and obliged by five pla" mlzrt' of worry," and therefore, even a whole nation, in that cal‘e, may be fetid to net as an indkidnal; becaul‘e, " that to c " to/Jic/J He had before been {peaking ofdemocratical Governments, and had remarked, not only that the ancients "frequently " apply to Laws the name of common " Agreements," but alfo, that " the Laws" (among propriety (t that ancient cuflom |
