legislator, who had brought men from their native ferocity into friendship and obedience.

And it were highly to be wished, that legislative power would thus direct the law rather to reformation than severity. That it would seem convinced that the work of eradicating crimes is not by making punishments familiar, but formidable. Then, instead of our present prisons, which find or make men guilty, which enclose wretches for the commission of one crime, and return them, if returned alive, fitted for the perpetration of thousands; we should see, as in other parts of Europe, places of penitence and solitude, where the accused might be attended by such as could give them repentance if guilty, or new motives to virtue if innocent. And this, but not the increasing punishments, is the way to mend a state; nor can I avoid even questioning the validity of that right which social combinations have assumed of capitally punishing offences of a slight nature. In cases of murder their right is obvious, as it is the duty of us all, from the law of self-defence, to cut off that man who has shown a disregard for the life of another. Against such, all nature rises in arms; but it is not so against him who steals my property. Natural law gives me no right to take away his life, as by that the horse he steals is as much his property as mine. If, then, I have any right, it must be from a compact made between us, that he who deprives the other of his horse shall die. But this is a false compact; because no man has a right to barter to take it away, as it is not his own. pact is inadequate, and would be set aside even in a court of modern equity, as there is a great penalty for a very trifling convenience, since it is far better that two men should live than that one man should ride. But a compact that is false between two men, is equally so between an hundred, or an hundred thousand; for as ten millions of circles can never make a square, so the united voice of myriads cannot lend the smallest foundation to falsehood. It is thus that reason speaks, and untutored nature says the same thing. Savages that are directed by natural law alone, are very tender of the lives of each other; they seldom shed blood but to retaliate former cruelty.

his life any more than And besides, the com

Our Saxon ancestors, fierce as they were in war, had but few executions in times of peace; and in all commencing governments that have the print of nature still strong upon them, scarce any crime is held capital.

It is among the citizens of a refined community that penal laws, which are in the hands of the rich, are laid upon the poor. Government, while it grows older, seems to acquire the moroseness of age; and as if our property were become dearer in proportion as it increased, as if the more enormous our wealth the more extensive our fears, all our possessions are paled up with new edicts every day, and hung round with. gibbets to scare every invader.

I cannot tell whether it is from the number of our penal laws, or the licentiousness of our people, that this country should show more convicts in a year, than half the dominions of Europe united. Perhaps it is owing to both; for they mutually produce each other. When, by indiscriminate penal laws, a nation beholds the same punishment affixed to dissimilar degrees of guilt, from perceiving no distinction in the penalty, the people are led to lose all sense of distinction in the crime, and this distinction is the bulwark of all morality: thus the multitude of laws produce new vices, and new vices call for fresh restraints.

It were to be wished, then, that power, instead of contriving new laws to punish vice, instead of drawing hard the cords of society till a convulsion come to burst them, instead of cutting away wretches as useless before we have tried their utility, instead of converting correction into vengeance, it were to be wished that we tried the restrictive arts of government, and made law the protector, but not the tyrant of the people. We should then find that creatures, whose souls are held as dross, only wanted the hand of a refiner; we should then find that creatures now stuck up for long tortures, lest luxury should feel a momentary pang, might, if properly treated, serve to sinew the state in times of danger; that as their faces are like ours, their hearts are so too; that few minds are so base as that perseverance cannot amend; that a man may see his last crime without dying for it; and that very little blood will serve to cement our security.

CHAPTER XXVIII.

HAPPINESS AND MISERY RATHER THE RESULT OF PRUDENCE THAN OF VIRTUE IN THIS LIFE. TEMPORAL EVILS OR FELICITIES BEING REGARDED BY HEAVEN AS THINGS MERELY IN THEMSELVES TRIFLING, AND UNWORTHY ITS CARE IN THE DISTRIBUTION.

I HAD now been confined more than a fortnight, but had not since my arrival been visited by my dear Olivia, and I greatly longed to see her. Having communicated my wishes to my wife, the next morning the poor girl entered my apartment leaning on her sister's arm. The change which I saw in her countenance struck me. The numberless graces that once resided there were now fled, and the hand of death seemed to have moulded every feature to alarm me. Her temples were sunk, her forehead was tense, and a fatal paleness sate upon her cheek.

"I am glad to see thee, my dear," cried I; "but why this dejection, Livy? I hope, my love, you have too great a regard for me to permit disappointment thus to undermine a life which I prize as my own. Be cheerful, child, and we yet may see happier days."

"You have ever, Sir," replied she, "been kind to me, and it adds to my pain that I shall never have an opportunity of sharing that happiness you promise. Happiness, I fear, is no longer reserved for me here; and I long to be rid of a place where I have only found distress. Indeed, Sir, I wish you would make a proper submission to Mr. Thornhill; it may, in some measure, induce him to pity you, and it will give me relief in dying."

"Never, child," replied I, "never will I be brought to acknowledge my daughter a prostitute; for though the world may look upon your offence with scorn, let it be mine to regard it as a mark of credulity, not of guilt. My dear, I am no way

miserable in this place, however dismal it may seem, and be assured that while you continue to bless me by living, he shall never have my consent to make you more wretched by marrying another."

After the departure of my daughter, my fellow-prisoner, who was by at this interview, sensibly enough expostulated upon my obstinacy, in refusing a submission, which promised to give me freedom. He observed, that the rest of my family was not to be sacrificed to the peace of one child alone, and she the only one who had offended me. "Beside," added he, "I don't know if it be just thus to obstruct the union of man and wife, which you do at present, by refusing to consent to a match you cannot hinder, but may render unhappy."

"Sir," replied I, "you are unacquainted with the man that oppresses us. I am very sensible that no submission I can make could procure me liberty even for an hour. I am told that even in this very room a debtor of his, no later than last year, died for want. But though my submission and approbation could transfer me from hence to the most beautiful apartment he is possessed of; yet I would grant neither, as something whispers me that it would be giving a sanction to adultery. While my daughter lives no other marriage of his shall ever be legal in my eye. Were she removed, indeed, I should be the basest of men, from any resentment of my own, to attempt putting asunder those who wish for an union. No, villain as he is, I should then wish him married, to prevent the consequences of his future debaucheries. But now should I not be the most cruel of all fathers to sign an instrument which must send my child to the grave, merely to avoid a prison myself; and thus to escape one pang, break my child's heart with a thousand?”

He acquiesced in the justice of this answer, but could not avoid observing, that he feared my daughter's life was already too much wasted to keep me long a prisoner. "However," continued he, "though you refuse to submit to the nephew, I hope you have no objections to laying your case before the uncle, who has the first character in the kingdom for everything that is just and good. I would advise you to send him a

VOL. I.

FF

letter by the post, intimating all his nephew's ill-usage, and my life for it, that in three days you shall have an answer." I thanked him for the hint, and instantly set about complying: but I wanted paper, and unluckily all our money had been laid out that morning in provisions: however he supplied me.

For the three ensuing days I was in a state of anxiety to know what reception my letter might meet with; but in the meantime was frequently solicited by my wife to submit to any conditions rather than remain here, and every hour received repeated accounts of the decline of my daughter's health. The third day and the fourth arrived, but I received no answer to my letter the complaints of a stranger against a favourite nephew were no way likely to succeed; so that these hopes soon vanished like all my former. My mind, however, still supported itself, though confinement and bad air began to make a visible alteration in my health, and my arm that had suffered in the fire grew worse. My children, however, sate by me, and while I was stretched on my straw read to me by turns, or listened and wept at my instructions. But my daughter's health declined faster than mine: every message from her contributed to increase my apprehensions and pain. The fifth morning after I had written the letter which was sent to Sir William Thornhill, I was alarmed with an account that she was speechless. Now it was that confinement was truly painful to me; my soul was bursting from its prison to be near the pillow of my child to comfort, to strengthen her, to receive her last wishes, and teach her soul the way to heaven! Another account came. She was expiring, and yet I was debarred the small comfort of weeping by her. My fellow prisoner some time after came with the last account. He bade me be patient. She was dead!-The next morning he returned and found me with my two little ones, now my only companions, who were using all their innocent efforts to comfort me. They entreated to read to me, and bade me not to cry, for I was now too old to weep. "And is not my sister an angel now, papa?" cried the eldest," and why, then, are you sorry for her? I wish I were an angel out of this frightful place, if my papa were with me." "Yes," added my youngest darling, "Heaven, where my sister