If those whom the wisdom of our laws has condemned to die, had been detected in their rudiments of robbery, they might, by proper discipline and useful labour, have been disentangled from their habits, they might have escaped all the temptation to subsequent crimes, and passed their days in reparation and penitence; and detected they might all have been, had the prosecutors been certain that their lives would have been spared. I believe every thief will confess that he has been more than once seized and dismissed; and that he has sometimes ventured upon capital crimes, because he knew, that those whom he injured would rather connive at his escape, than cloud their minds with the horrours of his death.

All laws against wickedness are ineffectual, unless some will inform, and some will prosecute; but till we mitigate the penalties for mere violations of property, information will always be hated, and prosecution dreaded. The heart of a good man cannot but recoil at the thought of punishing a slight injury with death; especially when he remembers that the thief might have procured safety by another crime, from which he was restrained only by his remaining virtue.

The obligations to assist the exercise of publick justice are indeed strong; but they will certainly be overpowered by tenderness for life. What is punished with severity contrary to our ideas of adequate retribution, will be seldom discovered; and multitudes will be suffered to advance from crime to crime, till they deserve death, because, if they had been sooner prosecuted, they would have suffered death before they deserved it.

This scheme of invigorating the laws by relaxation, and extirpating wickedness by lenity, is so remote from common practice, that I might reasonably fear to expose it to the publick, could it be supported only by my own observations I shall, therefore, by ascribing it to its author, Sir Thomas More, endeavour to procure it that attention,

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which I wish always paid to prudence, to justice, and to mercy c.

L

No. 115. TUESDAY, APRIL 23, 1751.

Quædam parva quidem, sed non toleranda maritis. Juv. Sat. vi. 183.

Some faults, though small, intolerable grow.

SIR,

TO THE RAMBLER.

DRYDEN.

I SIT down, in pursuance of my late engagement, to recount the remaining part of the adventures that befell me in my long quest of conjugal felicity, which, though I have not yet been so happy as to obtain it, I have at least endeavoured to deserve by unwearied diligence, without suffering from repeated disappointments any abatement of my hope, or repression of my activity.

You must have observed in the world a species of mortals who employ themselves in promoting matrimony, and without any visible motive of interest or vanity, without any discoverable impulse of malice or benevolence, without any reason, but that they want objects of attention and topicks of conversation, are incessantly busy in procuring wives and husbands. They fill the ears of every single man and woman with some convenient match; and when they are informed of your age and fortune, offer a partner for life with the same readiness, and the same indifference, as a salesman, when he has taken measure by his eye, fits his customer with a coat.

It might be expected that they should soon be discouraged from this oflicious interposition by resentment or

The arguments of the revered sir Samuel Romilly on criminal law, have almost been anticipated in this luminous paper, which would have gained praise even for a legislator. On the correction of our English criminal code, see Mr. Buxton's speech in the house of commons, 1820. It is a fund of practical information, and, apart from its own merits, will repay perusal by the valuable collection of opinions which it contains on this momentous and interesting subject. ED.

contempt; and that every man should determine the choice on which so much of his happiness must depend, by his own judgment and observation: yet it happens, that as these proposals are generally made with a show of kindness, they seldom provoke anger, but are, at worst, heard with patience, and forgotten. They influence weak minds to approbation; for many are sure to find in a new acquaintance, whatever qualities report has taught them to expect; and in more powerful and active understandings they excite curiosity, and sometimes, by a lucky chance, bring persons of similar tempers within the attraction of each other.

I was known to possess a fortune, and to want a wife; and, therefore, was frequently attended by these hymeneal solicitors, with whose importunity I was sometimes diverted, and sometimes perplexed; for they contended for me as vultures for a carcass; each employing all his eloquence, and all his artifices, to enforce and promote his own scheme, from the success of which he was to receive no other advantage than the pleasure of defeating others equally eager, and equally industrious.

An invitation to sup with one of those busy friends, made me, by a concerted chance, acquainted with Camilla, by whom it was expected that I should be suddenly and irresistibly enslaved. The lady, whom the same kindness had brought without her own concurrence into the lists of love, seemed to think me at least worthy of the honour of captivity and exerted the power, both of her eyes and wit, with so much art and spirit, that though I had been too often deceived by appearances to devote myself irrevocably at the first interview, yet I could not suppress some raptures of admiration, and flutters of desire. I was easily persuaded to make nearer approaches; but soon discovered, that an union with Camilla was not much to be wished. Camilla professed a boundless contempt for the folly, levity, ignorance, and impertinence of her own sex; and very frequently expressed her wonder that men of learning or experience could submit to trifle away life with beings incapable of solid thought. In mixed

companies, she always associated with the men, and declared her satisfaction when the ladies retired. If any short excursion into the country was proposed, she commonly insisted upon the exclusion of women from the party; because, where they were admitted, the time was wasted in frothy compliments, weak indulgences, and idle ceremonies. To show the greatness of her mind, she avoided all compliance with the fashion; and to boast the profundity of her knowledge, mistook the various textures of silk, confounded tabbies with damasks, and sent for ribands by wrong names. She despised the commerce of stated visits, a farce of empty form without instruction; and congratulated herself, that she never learned to write message cards. She often applauded the noble sentiment of Plato, who rejoiced that he was born a man rather than a woman; proclaimed her approbation of Swift's opinion, that women are only a higher species of monkeys; and confessed, that when she considered the behaviour, or heard the conversation, of her sex, she could not but forgive the Turks for suspecting them to want souls.

It was the joy and pride of Camilla to have provoked, by this insolence, all the rage of hatred, and all the persecutions of calumny; nor was she ever more elevated with her own superiority, than when she talked of female anger, and female cunning. Well, says she, has nature provided that such virulence should be disabled by folly, and such cruelty be restrained by impotence.

Camilla, doubtless, expected, that what she lost on one side, she should gain on the other; and imagined that every male heart would be open to a lady, who made such generous advances to the borders of virility. But man, ungrateful man, instead of springing forward to meet her, shrunk back at her approach. She was persecuted by the ladies as a deserter, and, at best, received by the men only as a fugitive. I, for my part, amused myself awhile with her fopperies, but novelty soon gave way to detestation, for nothing out of the common order of nature can be long borne. I had no inclination to a wife who had the rugged

ness of a man without his force, and the ignorance of a woman without her softness; nor could I think my quiet and honour to be intrusted to such audacious virtue as was hourly courting danger, and soliciting assault.

My next mistress was Nitella, a lady of gentle mien, and soft voice, always speaking to approve, and ready to receive direction from those with whom chance had brought her into company. In Nitella I promised myself an easy friend, with whom I might loiter away the day without disturbance or altercation. I therefore soon resolved to address her, but was discouraged from prosecuting my courtship, by observing, that her apartments were superstitiously regular; and that, unless she had notice of my visit, she was never to be seen. There is a kind of anxious cleanliness which I have always noted as the characteristick of a slattern; it is the superfluous scrupulosity of guilt, dreading discovery, and shunning suspicion: it is the violence of an effort against habit, which, being impelled by external motives, cannot stop at the middle point.

Nitella was always tricked out rather with nicety than elegance; and seldom could forbear to discover, by her uneasiness and constraint, that her attention was burdened, and her imagination engrossed: I therefore concluded, that being only occasionally and ambitiously dressed, she was not familiarized to her own ornaments. There are so many competitors for the fame of cleanliness, that it is not hard to gain information of those that fail, from those that desire to excel: I quickly found that Nitella passed her time between finery and dirt; and was always in a wrapper, nightcap, and slippers, when she was not decorated for immediate show.

I was then led by my evil destiny to Charybdis, who never neglected an opportunity of seizing a new prey when it came within her reach. I thought myself quickly made happy by permission to attend her to publick places; and pleased my own vanity with imagining the envy which I should raise in a thousand hearts, by appearing as the acknowledged favourite of Charybdis. She soon after hinted