for a reconciliation with her mistress, who had turned her out at night for breaking six teeth in a tortoiseshell comb; she had attended her lady from a distant province, and having not lived long enough to save much money, was destitute among strangers, and, though of a good family, in danger of perishing in the streets, or of being compelled by hunger to prostitution. I made no scruple of promising to restore her; but upon my first application to Sophronia, was answered with an air which called for approbation, that if she neglected her own affairs, I might suspect her of neglecting mine; that the comb stood her in three half-crowns; that no servant should wrong her twice; and that indeed she took the first opportunity of parting with Phillida, because, though she was honest, her constitution was bad, and she thought her very likely to fall sick. Of our conference I need not tell you the effect; it surely may be forgiven me, if on this occasion I forgot the decency of common forms.

From two more ladies I was disengaged by finding, that they entertained my rivals at the same time, and determined their choice by the liberality of our settlements. Another I thought myself justified in forsaking, because she gave my attorney a bribe to favour her in the bargain; another because I could never soften her to tenderness, till she heard that most of my family had died young; and another, because, to increase her fortune by expectations, she represented her sister as languishing and consumptive.

I shall in another letter give the remaining part of my history of courtship. I presume that I should

hitherto have injured the majesty of female virtue, had I not hoped to transfer my affection to higher merit.

I am, &c.

HYMENÆUS.

NUMB. 114. SATURDAY, April 20, 1751.

-Audi,

Nulla unquam de morte hominis cunctatio longa est. Juv.

When man's life is in debate,

The judge can ne'er too long deliberate.

DRYDEN.

POWER and superiority are so flattering and delightful, that, fraught with temptation and exposed to danger as they are, scarcely any virtue is so cautious, or any prudence so timorous, as to decline them. Even those that have most reverence for the laws of right, are pleased with shewing that not fear, but choice, regulates their behaviour; and would be thought to comply, rather than obey. We love to overlook the boundaries which we do not wish to pass; and, as the Roman satirist remarks, he that has no design to take the life of another, is yet glad to have it in his hands.

From the same principle, tending yet more to degeneracy and corruption, proceeds the desire of investing lawful authority with terrour, and governing by force rather than persuasion. Pride is unwilling to believe the necessity of assigning any

other reason than her own will; and would rather maintain the most equitable claims by violence and penalties, than descend from the dignity of command to dispute and expostulation.

It may, I think, be suspected, that this political arrogance has sometimes found its way into legislative assemblies, and mingled with deliberations upon property and life. A slight perusal of the laws by which the measures of vindictive and coercive justice are established, will discover so many disproportions between crimes and punishments, such capricious distinctions of guilt, and such confusion of remissness and severity, as can scarcely be believed to have been produced by publiek wisdom, sincerely and calmly studious of publick happiness.

The learned, the judicious, the pious Boerhaave relates, that he never saw a criminal dragged to execution without asking himself, "Who knows "whether this man is not less culpable than me?” On the days when the prisons of this city are emptied into the grave, let every spectator of the dreadful procession put the same question to his own heart. Few among those that crowd in thousands to the legal massacre, and look with carelessness, perhaps with triumph, on the utmost exacerbations of human misery, would then be able to return without horrour and dejection. For, who can congratulate himself upon a life passed without some act more mischievous to the peace or prosperity of others, than the theft of a piece of money?

It has been always the practice, when any particular species of robbery becomes prevalent and common, to endeavour its suppression by capital

denunciations. Thus one generation of malefactors is commonly cut off, and their successors are frighted into new expedients; the art of thievery is augmented with greater variety of fraud, and subtilized to higher degrees of dexterity, and more occult methods of conveyance. The law then renews the pursuit in the heat of anger, and overtakes the offender again with death. By this practice, capital inflictions are multiplied, and crimes, very different in their degrees of enormity, are equally subjected to the severest punishment that man has the power of exercising upon man.

The lawgiver is undoubtedly allowed to estimate the malignity of an offence, not merely by the loss or pain which single acts may produce, but by the general alarm and anxiety arising from the fear of mischief, and insecurity of possession: he therefore exercises the right which societies are supposed to have over the lives of those that compose them, not simply to punish a transgression, but to maintain order, and preserve quiet; he enforces those laws with severity that are most in danger of violation, as the commander of a garrison doubles the guard on that side which is threatened by the enemy.

This method has been long tried, but tried with so little success, that rapine and violence are hourly increasing, yet few seem willing to despair of its efficacy, and of those who employ their speculations upon the present corruption of the people, some propose the introduction of more horrid, lingering, and terrifick punishments; some are inclined to accelerate the executions; some to discourage pardons; and all seem to think that lenity has given

confidence to wickedness, and that we can only be rescued from the talons of robbery by inflexible rigour, and sanguinary justice.

Yet since the right of setting an uncertain and arbitrary value upon life has been disputed, and since experience of past times gives times gives us little reason to hope that any reformation will be effected by a periodical havock of our fellow-beings, perhaps it will not be useless to consider what consequences might arise from relaxations of the law, and a more rational and equitable adaptation of penalties to

offences.

Death is, as one of the ancients observes, rò TŒY Pobeρav pobepaτalov, of dreadful things the most dreadful; an evil, beyond which nothing can be threatened by sublunary power, or feared from human enmity or vengeance. This terror should, therefore, be reserved as the last resort of authority, as the strongest and most operative of prohibitory sanctions, and placed before the treasure of life, to guard from invasion what cannot be restored. To equal robbery with murder is to reduce murder to robbery, to confound in common minds the gradations of iniquity, and incite the commission of a greater crime to prevent the detection of a less. If only murder were punished with death, very few robbers would stain their hands in blood; but when, by the last act of cruelty, no new danger is incurred, and greater security may be obtained, upon what principle shall we bid them forbear?

It may be urged, that the sentence is often mitigated to simple robbery; but surely this is to confess that our laws are unreasonable in our own