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b^r that the horfe he fteals is as mueh his pruperty as mine. 'If then "I have any right, it mult be from a compact made between us, that he who deprives the other of his horfe fhall die. But this is a falfe compact; becaufe lib man has a right to barter bis life, no mora than to take it away, as it is n6t his own. 'And betide, the compac.t is inadequate, and would bt; fet afide even in a court 6f modem equity, as there is a great penalty for a verytrifling convenience, fince it is far better that two men fhould live , than that one man fhould ride. Bpt a compact that is falfe between two men, is equally fd between an hundred, or an hundred thoufand; for as ten milJions of circles can never make a fquare, fo the unite/ voice of myriads cannot lend the fmalleft foiEdation to falfchood. 'It is thus that reafo: fpeaks, and untutored nature fays the fame thing. Savages that are directed by natural law alone are very tender of the lives of each other, they feldoin fhed blood but to retaliate former cruelty.
'Our Saxon r) anceftors, fierce as they were in war, hid but few executions in times
r) Nachdim die RSmifchen Legionen Britr.nnitn verhffn flatten, bitten, die Evglander, um fich vor den Einfiilhn der, unter dem Namen der I'kktn mid Scoien itk'tnnten, nordliclten Bewoliner diefer Infel %h fchitza, die Angel- Sachfen um Hklfe (4s} nach Chrifti Cehurt). Diefe kamen auch nnter dtr Anfulirung da Jleugift uud Horfa nach Britannien, nnd leifteten dm Einiuohtian Beiftand. Da es ih'.ien a'oex anf dieftr Infel htjfer gefitl, ah in ihvan VatcrUnde, fo befchlojfen 'fie, nachdem fie fich r.uclt dnrcli mehrere ihrei J.andslente verftarkt hatten , %n bhiben. Nun flekt« viele Britten, theils nach Bretagne, theiis nach Wallis\ die Sachfen beimchtigttn fich indejfen des grofsten Theiis if peace; and in all commencing governments tat have the print of nature ftill ftrong upon hem, fcarce any crime is held capital.
'It is among the citizens of a refined comlumity that penal laws, which are in the pias of the rich, are laid upon the poor, uvernment, while it grows older, feeirii to fequire the morofenefs of age; and as if our roperty were become dearer in proportion as i incrcafed, as if the more enormous our health, the more extenfive 6ur fears, all our otfefiions are paled dp with new edicts every l»y and hiing, round with gibbets to fcare «ry invader.
'I cannot tell whether it is from the umber of our penal laws, or the licentioufnefs f our people, that this country fhoiild fhew ■ure convicts in a year, than half the domiiflns ij£ Europe united s). Perhaps it is owing • byth; for they mutually produce each other, lien by indifcriminate penal laws a nation sliolds the fame punifhmentt) affixed to diffflilar degrees of guilt, frona perceiving no utinction in the penalty, the people are led 1 lufe all fenfe of diftinction in the crime,
Aiifit Landes, nnd ftifteten die bekannte Heptarchie, wulcke in der Folge (827) Egbert in Einen Staat ver- . tinipe.
0 Ich glaube Qfagt Wen deb or 11 in fiintr viehnaalt mgefuhtten Sclirift, Theil II. S. 44}, dafs der GefuVgnijfe in kiinem Lande mehr nnd dafs fie fo voll find, als in England. Der Verbrechtr ift immer eine mg/autlicht Menge, nnd die Zahl dtrer, tuclche Schulden wegen ihrer Freiluit beraubt find, ift faft nnglaublic/:.
0 So hat in England jeder den Galgen vcrivirkt, wenw «' dem andem fo vie! ftiehlt, ah fich der JVetth tines Striekes sum Menken btiauft, d. h. dteiz'thn Pence. and this diftinction is the bulwark of all morality: thus the multitude 6f laws produce new vices, and new vices call for frefh reftraints.
'It we're to be wifhed then that power, inftead of contriving new laws to punifh vice, inftead of drawing hard the ccSrds 6f focietv till a convullion come to biirft them, inftead 6f cutting away wretches as ufelefs, before w have tried their utility, inftead 6f converti-5 correction into vengeance; it were to be wifhed that we tried the reftrictive arts of governement, and made law the protector, bat n6t the tyrant of the people. We fhoiild then find that creatures, whofe fouls are held as drofs, only wanted the hand 6f a refiner; we fhoii.W then find that wretches, now fttick lip for loiy tortures, left luxury fhould feel a momentait pang, might if pr6perly treated, ferve to fine* ihk ftate in times 6f danger; that, as their (ices are like ours, their hearts are fo too; that few minds are fo bafe as that perfeverance cannot amend; that a man may fee his 1 aft crime without, dying f6r it; and that very little blood will fqrve to cement our fecurity.
Happinefs 'and m'ifery are rather thi refult if prudence than of virtue in this life. Temporal evils or felicities -being, regarded by heaven as things mirely in themselves trifling and unworth) Uf care In the diftribution.
I had now been" confined more than a fortnight, but b.id n6t fince my arrival been vilited by my dear Olivia, and "I greatly longed to fee her, Having communicated my willies ;6 my wife the next rn6rning the poor girl Entered my apartment, leaning on her fifter's irm. The change which 1 law In her coun:enance ftruck me, The numberlefs graces :hat 6nce refided there were now fled, and he hand of death feemed to have moulded ivery feature to alarm me. Her temples were 'link, her forehead was tenfe, and a, fatal paenefs fate upon her cheek,
„'I am glad to fee thee, my dear," cried I; ,,but why this dejection, Llvy? 'I hope, Tt$t love, you have too great a regard f6r me to permit difappointment thus to undermine a life, which 'I prize as my own. Be chearful, child, arid we yet may fee happier days."
„Yoii have ever, Sir" replied fhe, „been kind to me, ^d it adds to my pain, that^'I Chill never have an opportunity of fharing that happinefs you promise. Happinefs. !I fear, is no longer referved for me he*e, and 1 long to be rid of a place where 'I have only found diftrefs. Indeed, Sir, "I wlfh you would make a proper fubmifiion to M'r. Thornhill; it may, In fonie meafure induce him .to pity you, and it will give me relief in dying."
„Never, child," replied 1, „never will (I be br6ught to acknowledge my daughter a prof tit ute; for though the world may look upon your offence with fc6rn, led it be mine to regard it as a mark 6f credulity, not 6£ guilt. My dear, 'I km no way miferable in this place, however dlfmal It may feem, and be affured that while you continue to blefs ma by living, he fha.ll never have my confent to make you more wretched by marrying another."
'After the departure of my daughter, m^r fellow prifoner, who was by at this Interview, fenfibly enough expoftulated upon my obftinacy, in refufing a fubmrffion, which prornifed to give me freedom. ' He obferved, that the reft of my family was not to be facririccd to the peace 6f Ane child alone, and fhe the only one who had offended me. „Befide ," added he, ,,1 don't know if it be juft thus to obftmct , the union of man and wife, which you do at prefent, by refufing to confent to a matcl which you cannot hinder, but may render unhappy."
„Sir," repTied 1, „yoii are unacquainted with the man that oppreffes us. 'I atn very feniible that no fubmiffion "I can make could procure me liberty even f«>r an hour. "I am told that even in j;his very room a debtor of his, no later than hi ft year, died for want But though my fubmiffion and approbation couU transfer me from hence to the moft beaiitW apartment he is poffeffed of; yet 1 would grant neither; as fomefhing whifpers me, that it would be giving a fanction to adultery. While my daughter lives, no other marriage of his fhall ever be legal in my eye. Were fhe removed, indeed, 'I fhould be the bafeft ol men, from any refentment of my own, to attempt putting afunder thofe who wifh for' union. No, villain as he is, "I fhould then wifh him married, to prevent the confequencci of his future debaucheries. But now fhoula 'I not be the moft cru*l, of all fathers, to fign an 'Inftrument which mult fend my child to the grave , merely to avoid a prifon- rojsfe'*! and thus to efcape 6ne pang, break my cfuius heart with a thoufand?"
He acquiefced in the jiifdce of this infwer, but could not avoid obferving, that he feared