I know not whether it is always a proof of innocence to treat censure with contempt. We owe so much reverence to the wisdom of mankind, as justly to wish, that our own opinion of our merit may be ratified by the concurrence of other suffrages; and since guilt and infamy must have the same effect upon intelligences unable to pierce beyond external appearance, and influenced often rather by example than precept, we are obliged to refute a false charge, lest we should countenance the crime which we have never committed. To turn away from an accusation with supercilious silence, is equally in the power of him that is hardened by villany, and inspirited by innocence. The wall of brass which Horace erects upon a clear conscience, may be sometimes raised by impudence or power; and we should always wish to preserve the dignity of virtue by adorning her with graces which wickedness cannot assume.

For this reason I have determined no longer to endure, with either patient or sullen resignation, a reproach, which is, at least in my opinion, unjust; but will lay my case honestly before you, that you or your readers may at length decide it.

Whether you will be able to preserve your boasted impartiality, when you hear that I am considered as an adversary by half the female world, you may surely pardon me for doubting, notwithstanding the veneration to which you may imagine yourself entitled by your age, your learning, your abstraction, or your virtue. Beauty, Mr. Rambler, has often overpowered the resolutions of the firm, and the reasonings of the wise, roused the old to sensibility, and subdued the rigorous to softness.

I am one of those unhappy beings, who have been marked out as husbands for many different women, and deliberated a hundred times on the brink of matrimony. I have discussed all the nuptial preliminaries so often, that I can repeat the forms in which jointures are settled, pin-money secured, and provisions for younger children ascertained; but am at last doomed by general consent to everlasting solitude, and excluded by an irreversible decree from all hopes of connubial felicity. I am pointed out by every mother, as a man whose visits cannot be admitted without reproach; who raises hopes only to embitter disappointment, and makes offers only to seduce girls into a waste of that part of life, in which they might gain advantageous matches, and become mistresses and mothers.

I hope you will think, that some part of this penal severity may justly be remitted, when I inform you, that I never yet professed love to a woman without sincere intentions of marriage; that I have never continued an appearance of intimacy from the hour that my inclination changed, but to preserve her whom I was leaving from the shock of abruptness, or the ignominy of contempt; that I always endeavoured to give the ladies an opportunity of seeming to discard me; and that I never forsook a mistress for larger fortune, or brighter beauty, but because I discovered some irregularity in her conduct, or some depravity in her mind; not because I was charmed by another, but because I was offended by herself.

I was very early tired of that succession of amusements by which the thoughts of most young men are dissipated, and had not long glittered in the splendour of an ample patrimomy [Transcriber's note: sic] before I wished for the calm of domestick happiness. Youth is naturally delighted with sprightliness and ardour, and therefore I breathed out the sighs of my first affection at the feet of the gay, the sparkling, the vivacious Ferocula. I fancied to myself a perpetual source of happiness in wit never exhausted, and spirit never depressed; looked with veneration on her readiness of expedients, contempt of difficulty, assurance of address, and promptitude of reply; considered her as exempt by some prerogative of nature from the weakness and timidity of female minds; and congratulated myself upon a companion superior to all common troubles and embarrassments. I was, indeed, somewhat disturbed by the unshaken perseverance with which she enforced her demands of an unreasonable settlement; yet I should have consented to pass my life in union with her, had not my curiosity led me to a crowd gathered in the street, where I found Ferocula, in the presence of hundreds, disputing for six-pence with a chairman. I saw her in so little need of assistance, that it was no breach of the laws of chivalry to forbear interposition, and I spared myself the shame of owning her acquaintance. I forgot some point of ceremony at our next interview, and soon provoked her to forbid me her presence.

My next attempt was upon a lady of great eminence for learning and philosophy. I had frequently observed the barrenness and uniformity of connubial conversation, and therefore thought highly of my own prudence and discernment, when I selected from a multitude of wealthy beauties, the deep-read Misothea, who declared herself the inexorable enemy of ignorant pertness, and puerile levity; and scarcely condescended to make tea, but for the linguist, the geometrician, the astronomer, or the poet. The queen of the Amazons was only to be gained by the hero who could conquer her in single combat; and Misothea's heart was only to bless the scholar who could overpower her by disputation. Amidst the fondest transports of courtship she could call for a definition of terms, and treated every argument with contempt that could not be reduced to regular syllogism. You may easily imagine, that I wished this courtship at an end; but when I desired her to shorten my torments, and fix the day of my felicity, we were led into a long conversation, in which Misothea endeavoured to demonstrate the folly of attributing choice and self-direction to any human being. It was not difficult to discover the danger of committing myself for ever to the arms of one who might at any time mistake the dictates of passion, or the calls of appetite, for the decree of fate; or consider cuckoldom as necessary to the general system, as a link in the everlasting chain of successive causes. I therefore told her, that destiny had ordained us to part, and that nothing should have torn me from her but the talons of necessity.

I then solicited the regard of the calm, the prudent, the economical Sophronia, a lady who considered wit as dangerous, and learning as superfluous, and thought that the woman who kept her house clean, and her accounts exact, took receipts for every payment, and could find them at a sudden call, inquired nicely after the condition of the tenants, read the price of stocks once a-week, and purchased every thing at the best market, could want no accomplishments necessary to the happiness of a wise man. She discoursed with great solemnity on the care and vigilance which the superintendance of a family demands; observed how many were ruined by confidence in servants; and told me, that she never expected honesty but from a strong chest, and that the best storekeeper was the mistress's eye. Many such oracles of generosity she uttered, and made every day new improvements in her schemes for the regulations of her servants, and the distribution of her time. I was convinced that, whatever I might suffer from Sophronia, I should escape poverty; and we therefore proceeded to adjust the settlements according to her own rule, fair and softly. But one morning her maid came to me in tears to intreat my interest for a reconciliation with her mistress, who had turned her out at night for breaking six teeth in a tortoise-shell 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 conferrence 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.

HYMENAEUS.

No. 114. SATURDAY, APRIL 20, 1751

—Audi,
Nulla umquum de morte hominis cunctatio longa est. JUV. Sat. vi. 220.

—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 publick 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 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, [Greek: to ton phoberon phoberotaton], 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 terrour 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 opinion; and, indeed, it may be observed, that all but murderers have, at their last hour, the common sensations of mankind pleading in their favour.

From this conviction of the inequality of the punishment to the offence, proceeds the frequent solicitation of pardons. They who would rejoice at the correction of a thief, are yet shocked at the thought of destroying him. His crime shrinks to nothing, compared with his misery; and severity defeats itself by exciting pity.

The gibbet, indeed, certainly disables those who die upon it from infesting the community; but their death seems not to contribute more to the reformation of their associates, than any other method of separation. A thief seldom passes much of his time in recollection or anticipation, but from robbery hastens to riot, and from riot to robbery; nor, when the grave closes on his companion, has any other care than to find another.

The frequency of capital punishments, therefore, rarely hinders the commission of a crime, but naturally and commonly prevents its detection, and is, if we proceed only upon prudential principles, chiefly for that reason to be avoided. Whatever may be urged by casuists or politicians, the greater part of mankind, as they can never think that to pick the pocket and to pierce the heart is equally criminal, will scarcely believe that two malefactors so different in guilt can be justly doomed to the same punishment: nor is the necessity of submitting the conscience to human laws so plainly evinced, so clearly stated, or so generally allowed, but that the pious, the tender, and the just, will always scruple to concur with the community in an act which their private judgment cannot approve.

He who knows not how often rigorous laws produce total impunity, and how many crimes are concealed and forgotten for fear of hurrying the offender to that state in which there is no repentance, has conversed very little with mankind. And whatever epithets of reproach or contempt this compassion may incur from those who confound cruelty with firmness, I know not whether any wise man would wish it less powerful, or less extensive.

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, which I wish always paid to prudence, to justice, and to mercy.³

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