might be hurt at his Grace's having difcouraged the preffing folicitation of Bi. fhop Burnet to promife him the first prebend in Canterbury cathedral that fhould be vacant in the Archbishop's patron age. This check to Mr. Wharton's views of preferment I imagine to have happened after July, 1692 +; and there is an obvious aliufion to it in the paffage in which he laments that it may be thirty years before he may be placed in a higher station, that might enable him to do the publick fome fervice. At note 4, Hift. Epifc. & Decan. Lond. &c, is mentioned to be the defign in which Mr. W. was engaged, that occafioned his urging Dr. B. to return fpeedily the complete catalogue of the MSS in Lambeth library. No reafon being affigned for this opinion, a demur to it is allow able; and, 1 muft own, I have my doubts how far this conjecture can be fupported. Mr. W. was a man of unwearied industry, and had a quick pen; but this book was a pofthumous publication, and the author did not die till upwards of two years after the date of this letter. The writer of Mr. W's Life, prefixed to the firft volume of his Sermons, has hinted, (p. 15.)" that, perhaps, by fome, this account of the Bishops and Deans of London and St. Afaph might be thought fmall, and the performance not confiderable;" nor, though it is ftyled a third volume of a work defigned to exhibit a compleat Ecclefiaftical History of England until the Reformation, can it be compared with advantage to the two ufeful and elabo rate volumes intituled Anglia Sacra.→ And, befides, in the very flow progress he made in compiling this octavo volume, he could not fo VERY much, and so continually, want to have recourse to the Lambeth catalogue and extracts, many of the leading facts and circumstances relating to thefe Prelates and Deans be Burnet's Hiftory of the Reformation, vol. III. Introduct. pp. vi. vii. The good of the Church (writes Dr. Birch), and the reformation of all abufes among the Clergy, were the constant objects of the Archbishop's thoughts; and, among other refolutions and projects for these pur poles, which he intimated to Mr. Wharton in a private conference with him on the 12th of July, 1692, one was for obliging the Clergy to a more ftrict obfervance of refidence on their cures.Life of Archbishop Tillotfon, 8vo. fecond edit. p. 307, refers to MS Collections of Mr.W, in the Library of Lambeth ing taken from the registers and muniments of their refpective churches.The question then is, what prompted Mr. W. to be fo impatient to have his MS. from Dr. B. ? for very impatient he was; having fuffered it to remain with his friend only one month, and then intreating him to take the earliest opportunity of tranfmitting it to him. And the furmife I have to offer, with fubmiffion, is, that he was in immediate want of it, in order to corroborate the charge of errors and defects in Bishop Burnet's Hiftory of the Reformation; a fpecimen of which he published in 1693, under the fictitious name of Anthony Harmer. This he admits himself to have been an hafty work, " protesting (at p. 161) that he never formed any defign of this nature until about a month fince, and that he had noted what his memory and prefent collections had fuggefted to him." The caufe of his referve, upon this matter, to Dr. B. may be easily gueffed; and, had the defign been maturely weighed, or, at least, executed with more difcretion and candour, an apology to the offended Pres late would not have been requifite. Bishop Burnet, in his Anfwer to this Treatife, addreffed, by way of letter, to Dr. Lloyd, Bishop of Lichfield and Coventry, obferved, "That the writer of the Specimen was a master of the subject; but that he could not, without a fenfible regret, fee fuch parts and fuch learning like to be foured and spoiled with fo ill a temper*." And it must be acknowledged, that the letter under examination betrays marks of disappoint❤ ment and chagrin. Dr. Birch + cites a manufcript Hif. tory and Diary of his own Life by Mr. Wharton, and mentions its being in the poffeffion of Mr. Calamy. This Memoir, if extant, might furnish fome amufing and inftructive anecdotes, hiftorical as well as literal. W. & D. THINK you cannot better close your Review of theological and political difputes, for this year at least, than by the following excellent extract from Mr. Orton's Letter to a young Clergyman: "I have been looking over Salluft's Hiftory of Catiline's Confpiracy, in which I * Biographical Dictionary, article WHARTON (Henry). + Life of Archbishop Tillotson, p. 132, note. 1192 Extract from Mr. Orton's Letter to a young Clergyman. [Suppl, think you will find fome things fuitable to your purpose, particularly in his fpeech to the confpirators; which you will meet with towards the beginning of the Hiftory, § 20, where he pleads Liberty as a ground for his undertaking, but mentions honour, power, wealth, &c. as alfo in their plan, and throws out fome bitter reflexions against the minifters and placemen of thofe days. Quin igitur ex pergefcimini en illa, illa, quam fæpe optaftis Li bertas: præterea divitiæ, decus, gloria, in ocu lis fita funt, &c. In my edition is the following note on the word Libertas: "Tacitus vere (Ann. XI. 17) falfo Libertatis vocabulum obtendi ab iis qui privatim degeneres in publicum exitiofi nihil pei nifi per difcordias habeant.” Gras[winkel], one of the Variorum commentators. There is a great deal to the fame purpofe in Catiline's fpeech, and in other parts of the History; but it is near forty years fince I last read it, which was with the putpils at Northampton, 1739. I have long thought there are many pailages in the account of that confpiracy very parallel to the prefent ftate of otir nation between loyal men and those who are called patriots, and whe chufe, by a figure of fpeech, to call themfelves Whig juft as they call me a Tory. Many are angry with rae because I discountenance their difloyalty; but 1 defpife their anger as much as I diflike their principles and conduct. I would willingly be doing fome good while I am here; and to promote 1yalty, fubjection, and peace, is doing good. I think I have already foftened fome tharp fpirits amongst us, at least brought them to hold their tongues, or to be lefs confident. I shall be forry to find that your neighbour, Mr., expofes himself and his miniftry by his politicks. An antient Bishop fays, What has an ecclefiaftick to do with politicks?" Lend him Palmer's Abridgement of Baxter's Reformed Paftor." It is a melancholy reflexion, Mr. Urban, that fuch worthy men as Dr. Doddridge, Mr. Orton, &c. &c. should have fuch fucceffors as fome few of the prefent race of leaders among the Diffenting minifters; and that their evangelical doctrines, which have been the faith of the Chriflian church for near eighteen centuries, fhould be fo fpoken against and exploded. But, if we ever believed too much, we are now to exceed on the defi. cient fide. Yours, &c. QQ Mr. URBAN, Y The the epitaph: Sex libros compofuit-libros aliquot fuos fecum condi voluit. fame fix books that he compofed he publibed; and fome, i. e. a few, copies of thefe he ordered to be buried with him, by way of experiment at least, whether they could not be handed down to pofterity in cafe the whole impreffion of all his writings above ground fhould, by any fuch accident as he must have heard had happened to other authors, he completely deftroyed. By what poffible collation Indagator was led to pronounce any four of his books to be preferred to the other two, or to all the other fix, is too much for my penetration. The explanation here offered fuggefts a curious queftion, which I doubt not fome of your learned correfpondents can anfwer; and that is, what, or whether any, book can be recollected, the whole impreffion of which was deftroyed by the fire of London, 1666; which, it appears from a contemporary writer (Brit. Top. I. 701), full fo heavy on the bookfelleis Rocks in the vaults under St. Paul's. Yours, &c. D. H. Mr. URBAN, WA-n, Dec. 20. N your valuable Repofitory for O&o. ber is a furious, and, 1 think, an il liberal attack on the clergy of the Scotch Epifcopal Church. I have no doubt but fome of thefe gentlemen will give the letter such an answer as it deferves: but, in the mean time, allow me, who am a perfect by-ftander, unconnected' with either party, to request you will publifh the inclofed Lift in your next Magazine. I cut it out of Chalmers' Aberdeen Almanack for 1792; and there is no reafon to question its authenticity. Yours, &c. A MATTER-OF-FACT-MAN. Lift of the Bishops and Clergy of the Scotch Epifcopal Church, with the Places where they refide. Diocese of Edinburgh.-R. R. Wm. Abernethy Drummond, in Edinburgh, bishop. Edinburgh, John Allan, Charles Webfter, Alexander Allan, John Webfter; Leith, Simon Reid; Stirling, George Gleig; Glafgow, Alexander Jamefon. Diocefe of Dunblane and Fife. , bifhop. Muthil. Alexander Cruik p. 1015, feems to have perplexed thank; Allo, John Rhind; St. Andrews, himself about what appears, to me at least, a very obvious matter. Mr. Chamberlayne ordered fome, or a few (aliquet), of his books to be buried with him, for the benefit of posterity. That they were not in MS. is clear from the wording of William Robb; Pittenweem, David Low. Diocese of Dunkeld. --, bishop. Forfar, George Skene; Kirriemuir, James Lyell, William Jolly; Meigle, William Nicoll; Perth, Alexander, Walker; Strathtay, John Robertson. Diocese Diocese of Brechin.-R. R. John Strachan, in Dundee, bishop. Arbroath, Patrick Rofe; Brechin, James Somerville; Montrofe, Alexander Walker; Laurence Kirk, Jonathan Watfon; Lochlee, Peter Jolly; Redmire, Robert Spark; Drumlithie, Donald Rofe; Stonehaven, Alexander Grig; Muchalls, George Garden. Diocese of Aberdeen.-R. R. John Skinper, in Aberdeen, bishop. Aberdeen, Roger Aitken; Oldmeidrum, Arthur Walker; Ellon, John Cruickshank; Cruden, John Glig; Peterhead, Patrick Torry; Longfide, John Skinner; Lonmay, Wiam Sangster; Fraserburgh, Alexander Jolly; Fyvie, Alexander Chriftie; Turriff, John Cruickshank; Cuminestown, Andrew Ritchie; Banff, John Skinner; Arradoul, Alexander Shand; Forgue, John Innes; Meiklefolla, James Innes; Blairdaff, James Morifon. Diocese of Moray and Rofs.-R. R. Andrew Macfarlane, in Inverness, bishop. Invernefs, Villiam Mackenzie; Elgin, Hugh Buchan; Keith, Alexander Chriftie; Huntly, James Walker; Ord, William Paterfon; Appin, Donald Maccoll. NEW CONSTITUTION OF THE GOVERNMENT OF POLAND, As eftablished by the Revolution, May 3, 1791. In the name of God, one in the Holy Trinity! Stanislaus Auguftus, by the grace of God, and the will of the Nation, King of Poland, &c. &c. together with the Confederate States affembled in double number to reprefent the Polish nation. C ONVINCED by a long train of experience of many defects in our Government; and willing to profit by the favourable moment which has restored us to ourselves; free from the difgraceful thackles of foreign inflence; prizing more than life the external independence and internal liberty of the nation; in order to exert our natural rights with zeal and firmness, we do folemnly efte bish the prefent Conflitution, which we declare wholly inviolable in every part, till such period as fhall be prescribed by law; when the Nation, if it fhould think fit, may alter by its exprefs will fuch articles therein as thall be found inadequate. Art. I. The Dominant National Religion. -The holy Roman Catholick faith, with all its privileges and immunities, shall he the dominant national religion: but, as the fame holy religion commands us to love our neighbours, we therefore owe to all people, of whatever perfuafion, peace in matters of faith, and the protection of Government; confequently, we atfure to all perfuafions and religions freedom and liberty, according to the laws of the country, and in all dominions of the Republick. Art. II. Nobility, or the Equeftrian Or- der.-Revering the memory of our ancestors with gratitude, as the first founders of our liberties, it is but just to acknowledge, in a most folemn manner, that all the pre-eminence and prerogatives of liberty, granted to this order by Cafimir the Great, &c. &c. &c. are by the prefent act renewed, confirmed, and declared to be inviolable. We acknowlege the rank of the noble Equeftrian order in Poland to be equal to all degrees of n.bility— all perfons of that order to be equal among themfelves, not only in the eligibility to all posts of bonour, truft, or emolument, but in the enjoyment of all privileges and prerogatives; perfonal liberty, and fecurity of territorial and moveable property; nor fhall we even fuffer the least incroachment on either by the fupreme national power (on which the prefent form of Government is established), under any pretext whatsoever; confequently, we regard the prefervation of perfonal fecurity and property, as by law afcertained, to be a tie of fociety, and the very effence of civil liberty, which ought to be confidered and refpected for ever. Art. II. Towns and Citizens.- The law made by the present Diet, intituled, “Our royal free towns within the dominions of the Republick," we mean to confider as a part of the prefent Conftitution, and promife to maintain it as a new, additional, true, and effectual fupport, of our common liberties, and our mutual defence. Art. IV. Peafants and Villagers.-This agricultural clafs of people, the most numerous in the Nation, confequently forming the most confiderable part of its force, we receive under the protection of national law and government; enacting, that whatever liberties, grants, and conventions, between the proprietors and villagers, either individually or collectively, may be entered authentically into in future; fuch agreements fhall import mutual and reciprocal obligations, binding not only the prefent contracting parties, but even their fucceffors by inheritance or acquifition. Thus having infured to the proprietors every advantage they have a right to from their villagers, and willing to encourage most effectually the po pulation of our country, we publish and proclaim a perfect and entire liberty to all pentile, either who may be newly coming to fettle, or those who, having emigrated, would return to their native country: and we declare moft folemnly, that any perfon coming into Poland, from whatever part of the world, or returning from abroad, as foon as he fets his foot on the territory of the Republick becomes free, and at liberty to exercife his industry, wherever and in whatever manner he pleases, to fettle either in towns or villages, to farm and rent lands and houses, on tenures and contracts, for as long a term as may be agreed on; with liberty to remain, or to remove, after having fulfilled the obligations 1194 New Conftitution of the Government of Poland. gations he may have voluntarily entered into. Art. V. Form of Government.-All power in civil fociety fhould be derived from the will of the people, its end and object being the prefervation and integrity of the State, the civil liberty, and the good order of fociety, on an equal feale, and on a lasting foundation. Three diftinct powers fhall compofe the Government of the Polish nation, according to the prefent Conftitution: 1. Legislative power in the States affem bled. 2. Executive power in the King and the Council of Inspection. And, 3. Judicial power in Jurifdictions exifting, or to be established. Art. VI. The Diet, or the Legislative Power. The Diet, or the Affembly of States, fhall be divided into two Houses, the Houfe of Nuncios, or Deputies; and the House of Senate, where the King is to prefide. The former being the reprefentative and central point of fupreme national authoity, fhall poffefs the pre eminence in the Legislature; therefore, all bills are to be decided first in this House. 1. All general Laws, conftitutional, civil, criminal, and perpetual taxes; concerning which matters, the King is to iffue his propofitions by the circular letters fent before the Dietines to every palatinate and to every diftrict for deliberation, which coming before the House with the opinion expreffed in the inftructions given to their reprefentatives, hall be taken the first for decifion. 2. Particular Laws: temporal taxes; regulations of the mint; contracting public debts; creating nobles, and other cafual recompences; reparation of public expences, both ordinary and extraordinary; concerning war; peace; ratification of treaties, political and commercial; all diplomatic acts and conventions relative to the laws of nations; examining and acquitting different executive departments, and similar (ubjects arifing from the accidental exigencies and circumstances of the State; in which the propofitions, coming directly from the Throne into the Houfe of Nuncios, are to have preference in difcuffion before the private bills. In regard to the House of Senate, it is to confift of sithops, Palatines, Caftellans, and Minifters, under the prefidency of the King, who fhall have but one vote, and the cafting vote in cafe of parity, which he may give either perfonally, or by a meilage to the Houfe. Its power and duty shall be, 1. Every Gneral Law that paties formally through the House of Nuncios is to be fent immediately to this, which is either accepted, or fufpended till farther national deliberation. If accepted, it becomes a law in all its force; if fufpended, it thall be refumed at the next Der; and, if it is then agreed to again by, the House of Nuncios, the Senate muit fubmit to it. 3. Every Particular Laen, as soon as it has been determined by the House of Nuncios, [Suppl. and fent up to the Senate, the votes of both Houfes fhall be jointly computed, and the majority, as defcribed by law, fhall be confidered as a decree and the will of the Nation. Thore Senators and Minifters who, from their fhare in executive power, are accountable to the Republick, cannot have an active voice in the Diet, but may he prefent in order to give neceffary explanations to the States. Thefe ordinary legislative Diets shall have their uninterrupted existence, and be always ready to meet; renewable every two years. The length of feflions thall be determined by the faw concerning Diets If convened out of ordinary fetlion upon fome urgent occafion, they fhall only deliberate on the subject which occafioned fuch a call, or on circumftances which may arife out of it. The law concerning the Dietines, or primary elections, as established by the prefent Diet, fhall be regarded as a moft effential foundation of civil liberty. The majority of votes fhall decide every thing, and every where; therefore we abolifh, and utterly annihilate, all forts of confederacies, and confederate Diets, as ruinous to fociety. Willing to prevent, on one hand, violent and frequent changes in the national Conftitution, yet, confidering on the other, the neceflity of perfecting it, after experiencing its effects on public profperity, we determine the period of every twenty-five years for an Extraordinary Conftitutional Diet, to be held purpofely for the revifion and fuch alterations of the Conftitution as may be found requifite. Art. VII. The King, or Executive Power. The most perfect Government cannot exift without an effectual Executive Power. Experience has taught us, that the neglecting this effential part of Government has overwhelmed Poland with difafters. Having, therefore, fecured to the free Folifh nation the right of enacting laws for themselves, the fupreme inspection over the Executive Power, and the choice of their magiftrates, we intruft to the King, and bis Council, the highest power of executing the lars. This Council fhall be called Straz, or the Council of Infpection. The duty of fuch Executive Power shall be to watch over the laws, and to fee them ftrictly executed according to their import, even by the means of public force, should it be neceffary. The Executive Power cannot affume the right of making laws, or of their interpretation. Itisexprefly forbidden to contra& public debts; to alter the repartition of the national income, as fixed by the Diet; to declare war; to conclude definitively any treaty, or any diplomatic act: it is only allowed to carry on negotiations with foreign Courts, and facilitate temporary occurrences, always with reference to the Diet. The Crown of Poland we declare to be elective elective in regard to families, and it is fettled fo for ever. Having experienced the fatal effects of interregna, periodically fubverting Government, and being defirous of preventing for ever all foreign influence, as well as of infuring to every citizen a perfect tranquillity, we have, from prudent motives, rowed to adopt bereditary fucceffion to our Throne: therefore we enact and declare, that, after the expiration of our life, according to the gracious will of the Almighty, the prefent Elector of Saxony shall reign over Poland. The Dynafty of future Kings of Poland fhall begin in the perfon of Frederic Auguftus, Elector of Saxony, with the right of inheritance to the Crown to his male defcendants The eldest fon of the reigning King is to fucceed his father; and, in cafe the prefent Elector of Saxony has no male itfue, a busband chofen by him (with the confent and approbation of the Republick) for his daughter, fhall begin the faid Dynafty. Hence we declare the Princess Mary-Augufta Nepomucena, only daughter of the Elector of Sixony, to be Infanta of Poland. We reserve to the Nation, however, the right of electing to the Throne any other Houfe or Family, after the extinétion of the first. Every King, on his acceffion to the Throne, fhall take a folemin oath to God and the Nation, to fupport the prefent Conftitution, to fulfil the para conventa, which will be fettled with the prefent Elector of Saxony, as appointed to the Crown, and which shall bind him in the fame manner as former ones. The King's perfon is facred and inviolable; as no act can proceed immediately from him,' he cannot be in any manner refponfible to the Nation; he is not an abfolute Monarch, but the father and the head of the people; his revenues, as fixed by the palta conventa, shall be facre:lly preferved! All public acts, the acts of magiftracies, and the coin of the kingdom, fhall bear his name. The King, who ought to poffefs every power of doing good, fhall have the right of pardoning thofe that are condemned to death, except the crimes be against the State. In time of war he fhall have the fupreme conmand of the national forces he may appoint the commanders of the army, however, by the will of the States. It shall be his province to patentee officers in the army, and other dignitaries, confonant to the regulations hereafter to be expreffed, to appoint Bishops, Senators, and Minifters, as members of the Executive Power. The King's Council of Infpection is to confift, 1. Of the Primate, as the head of the Clergy, and the Prefident of the Commiffion of Education, or the first Bishop in ordine. 2. Of five Minifters: the Minister of Police, Minifter of Juftice, Minifter of War, Minifter of Finances, and Minister for Foreign Affairs. 3. Of two Secretaries to keep the ProTM tocols. The Hereditary Prince coming of age may affift at, but shall have no vote therein. The Marthal of the Diet, being chofen for two years, has also a right to fit; for the end only of calling together the Diet, always exing, if abfolutely neceflary, and the King refufing to do it. The cafes demanding fuch convocation of the Diet are the following: 1. In a preifing neceflity concerning the law of nations, and particularly in cafe of a neighbouring war. 2. In case of an internal commotion. 3. In an evident danger of general famine. 4. In the orphan ftate of the country, or in cafe of the King's dangerous illness. All refolutions of the Council of Infpection are to be examined by the rules abovementioned. The King's opinion, after that of every member in the Council has been heard, fhall decifively prevail. Every refolution of this Council shall be if. fued under the King's fignature, counterfigned by one of the Minifters fitting therem. Should all the Members refufe their counterfign, the King is obliged to forego his opinion. Minitters compofing this Council cannot be employed at the fame time in any other department. If it thould happen that two-thirds of fecret votes in both Houfes demand the changing of any perfon, either in the Council, or any executive department, the King is bound to nominate another. -Willing that the Council of Inspection fhould be refponfible to the Nation for their actions, we decree that, when accused of any tranfgreffion of pofitive law, they are an fwerable with their perfons and fortunes. Such impeachments fhall be tried immedi ately by the comitial tribunal, and receive fis nal judgement. In order to form a neceffary organization of the Executive Power, we establish hereby feparate commithions, connected with the above Councils, and fubjected to obey its or dinations. Thefe commiffions are, ft. of Education; 2d. of Police; 3d. of War; 4th. of Treasury. Art. Vill. Judicial Power-As Judicial Power is incompatible with the Legislative, nor can be adminiftered by the King, therefore tribunals and magiftratures ought to be eftablished and elected. It ought to have local existence, that every citizen should know where to seek juft:ce, and every tranfgreffor can difcern the hand of national Government. We establish, therefore, 1. Primary Courts for each palatinate and diftrict, compofed of Judges chofen at the Detine, which are always to be ready to adm.fter justice. From thefe Courts appeals are allowed to the high tribunals, erected one for each of three provinces, in which the |