flaves, muft pretend to none of this freedom, or thefe happy diftinctions, having by degeneracy loft all right to their brave forefathers free inftitutions, their mafters will in a policy take the forfeiure; and the fixing a conquest must be done by giving laws, which may every moment ferve to remind the people enflaved of their conquerors, nothing being more dangerous than to truft a late-fubdued people with old cuftoms, that presently upbraid their degeneracy, and provoke them to revolt.

The wifdom of the Roman republic in their veneration for cuftom, and backwardness to introduce a new law, was perhaps the cause of their long continuance, and of the virtues of which they have fet the world fo many examples. But to fhew in what that wisdom confifts, it inay be proper to obferve, that "the benefit of new-written laws are merely confined to the confequences of their obfervance; but cuftomary laws, keeping up a veneration for the founders, engage men in the imitation of their virtues as well as policy. To this may be afcribed the religious regard the Romans paid to their forefathers memory, and their adhering for fo many ages to the practice of the fame virtues, which nothing contributed more to efface than the introduction of a voluminous body of new laws over the neck of venerable cuftom.

The fimplicity, concifenefs, and antiquity of cuftom gives an air of majefty and immutability that infpires awe and veneration; but new laws are too apt to be voluminous, perplexed, and indeterminate; whence muft neceffarily arife neglect, contempt, and ignorance.

As every human inftitution is fubject to grofs imperfections, fo laws muft neceffarily be liable to the fame inconveniencies, and their defects foon difcovered. Thus, through the weakness of one part,

all

all the reft are liable to be brought into contempt. But fuch weakneffes in a cuftom, for very obvious reasons, evade an examination; befides, a friendly prejudice always ftands up in their favour,

But let us fuppofe a new law to be perfectly equitable and neceffary; yet, if the procurers of it have betrayed a conduct that confeffes by-ends and private motives, the difguft to the circumstances difposes us, unreasonably indeed, to an irreverence of the law itself; but we are indulgently blind to the most vifible imperfections of an old cuftom. Though we perceive the defects ourselves, yet we remain perfuaded that our wife forefathers had good reason for what they did; and though fuch motives no longer continue, the benefit will still go along with the obfervance, though we don't know how. It is thus the Roman lawyers fpeak: Non omnium, quæ a majoribus conftituta funt, ratio reddi poteft, et ideo rationes eorum que conftituuntur inquiri non oportet, alioquin multa ex bis que certa funt fubvertuntur.

Thofe laws, which preferve to themselves the greateft love and obfervance, muft needs be beft; but custom, as it executes itself, muft, be neceffarily fuperior to written laws in this refpect, which are to -be executed by another. Thus nothing can be more certain than that numerous written laws are a fign of a degenerate community, and are frequently not the confequences of vicious morals in a ftate, but the causes.

Hence we see how much greater benefit it would be to the ftate rather to abridge than increase its laws. We every day find them increasing; acts and reports, which may be termed the acts of judges, are every day becoming more voluminous, and loading the fubject with new penalties.

Laws ever increase in number and feverity, until they at length are ftrained fo tight as to break themselves.

themselves. Such was the cafe of the latter empire, whofe laws were at length become fo ftrict, that the barbarous invaders did not bring fervitude but liberty.

OF THE PRIDE AND LUXURY

OF THE

MIDDLING CLASS OF PEOPLE.

OF all the follies and abfurdities, under which this great metropolis labours, there is not one, I believe, that at prefent appears in a more glaring and ridiculous light than the pride and luxury of the middling clafs of people; their eager defire of being feen in a sphere far above their capacities and circumftances is daily nay hourly inftanced by the prodigious numbers of mechanics, who flock to the races, and gaming-tables, brothels, and all public diverfions this fafhionable town affords.

You fhall fee a grocer, or a tallow-chandler, fneak from behind the compter, clap on a laced coat and a bag, fly to the E. O. table, throw away fifty peices with fome fharping man of quality; while his induftrious wife is felling a penny-worth of fugar, or a pound of candles, to support her fashionable spouse in his extravagances.

I was led into this reflection by an odd adventure, which happened to me the other day at Epfom races, whither I went, not through any defire I do affure you of laying betts or winning thousands, but at the earnest request of a friend, who had long indulged the curiofity of feeng the fport, very natural for an Englishman. When we had arrived at the courfe, and had taken feveral turns to obferve the

different

different objects that made up this whimfical groupe, a figure fuddenly darted by us, mounted and dreffed in all the elegance of thofe polite gentry, who come to fhew you they have a little money, and rather than pay their juft debts at home generously come abroad to bestow it on gamblers and pickpockets. As I had not an opportunity of viewing his face till his return, I gently walked after him, and met him as he came back, when to my no fmall furprise I beheld in this gay Narciffus the vifage of Jack Varnish, an humble vender of prints. Difgufted at the fight, I pulled my friend by the fleeve, preffed him to return home, telling him all the way, that I was fo enraged at the fellow's impudence, I was refolved never to lay out another penny with him.

And now, pray fir, let me beg of you to give this a place in your paper, that Mr. Varnish may understand he mistakes the thing quite, if he imagines horfe-racing recommendable in a tradefman; and that he, who is revelling every night in the arms of a common ftrumpet (though bleffed with an indulgent wife) when he ought to be minding his bufinefs, will never thrive in this world. He will find himfelf foon miftaken, his finances decrease, his friends fhun him, cuftomers fall off, and himself thrown into a gaol. I would earnestly recommend this adage to every mechanic in London, "Keep

your hop, and your fhop will keep you." A ftrict obfervance of these words will, I am fure, in time gain them eftates. Induftry is the road to wealth, and honefty to happiness; and he, who ftrenuously endeavours to purfue them both, may never fear the critic's lafh, or the fharp cries of penury and.

want.

SABINUS

SABINUS AND OLINDA.

IN a fair, rich, and flourishing country, whose clifts are washed by the German ocean, lived Sabinus, a youth formed by Nature to make a conqueft wherever he thought proper; but the conftancy of his difpofition fixed him only with Olinda. He was indeed fuperior to her in fortune, but that defect on her fide was so amply supplied by her merit, that none was thought more worthy of his regards than she. He loved her, he was beloved by her; and in a short time, by joining hands publick ly, they avowed the union of their hearts. But alas! none, however fortunate, however happy, are exempt from the fhafts of envy, and the malignant effects of ungoverned appetite. How unfafe, how deteftable are they who have this fury for their guide! How certainly will it lead them from themi elves, and plunge them in errors they would have fhuddered at, even in apprehenfion! Ariana, a lady of many amiable qualities, very nearly allied to Satinus, and highly efteemed by him, imagined herfe If flighted, and injuriously treated, fince his marria ge with Olinda. By uncautiously fuffering this jealoudy to corrode in her breast, she began to give a loof: to paffion; she forgot those many virtues, for which the had been fo long and fo juftly applauded. Caufelefs fufpicion and miftaken refentment betrayed her into all the gloom of difcontent; fhe fighed without ceafing; the happiness of others gave her intolerable pain; the thought of nothing but re venge. How unlike what fhe was, the cheerful, the prudent, the compaffionate Ariana!

She continually laboured to disturb an union fo firmly, fo affectionately founded, and planned every scheme which the thought most likely to disturb it.

4

Fortune