In this, I

pin money, or separate maintenance. think, I determine equally between the two sexes. If any lawyer varies from these rules, or is above two days in drawing a marriage-settlement, or uses more words in it than one skin of parchment will contain, or takes above five pounds for drawing it, I would have him thrown over the bar.

Were these rules observed, a woman with a small fortune, and a great deal of worth, would be sure to marry according to her deserts, if the man's estate were to be less incumbered, in proportion as her fortune is less than he might have with others.

A man of a great deal of merit, and not much estate, might be chosen for his worth; because it would not be difficult for him to make a settlement.

The man that loves a woman best, would not lose her for not being able to bid so much as another, or for not complying with an extravagant demand.

A fine woman would no more be set up to auction as she is now. When a man puts in for her, her friends or herself take care to publish it; and the man that was the first bidder is made no other use of but to raise the price. He that loves her will continue in waiting as long as she pleases, if her fortune be thought equal to his; and, under pretence of some failure in the rent-roll, or difficulties in drawing the settlement, he is put off until a better bargain is made with another.

All the rest of the sex, that are not rich or beautiful to the highest degree, are plainly gainers, and would be married so fast, that the least charining of them would soon grow beauties to the bachelors.

Widows might be easily married, if they would not, as they do now, set up for discreet, only by being mercenary.

many of his trills and quavers to the coldness of the weather.

The second circumstance which inclined the Italians to this custom, was that musical genius which is so universal among them. Nothing is more frequent in that country, than to hear a cobler working to an opera-tune. You can scarce see a porter that has not one nail much longer than the rest, which you will find, upon inquiry, is cherished for some instrument. In short, there is not a labourer, or handicraft-man, that in the cool of the evening does not relieve himself with solos and sonatas.

The Italian sooths his mistress with a plaintive voice; and bewails himself in such melting music, that the whole neighbourhood sympathizes with him

in his sorrow.

Qualis populed mærens Philomela sub umbrâ

Flet noctem, ramoque sedens, miserabile carmen
Integrat, & mastis late loøa questibus implet.

VIRG. Georg, IV. 511.

Thus Philomel beneath the poplar shade
With plaintive murmurs warbles through the glade --
Her notes harmonious tedious nights prolong,
And Echo multiplies the mournful song.

R. WYNNE.

On the contrary, our honest countrymen have so li tle an inclination to music, that they seldom begin to sing until they are drunk; which also is usually the time when they are most disposed to serenade.

N° 223. TUESDAY, SEPTEMBER 12, 1710.

For when upon their ungot heirs,
Th' entail themselves and all that's theirs,
What blinder hargain e'er was driv'n,
Or wager laid at six and seven,
To piss themselves away, and turn
Their children's tenants ere they're born?

HUD.

From my own Apartment, September 11.

I HAVE been very much solicited by Clarinda, Flavia, and Lysetta, to re-assume my discourse concerning the methods of disposing honourably the unmarried part of the world, and taking off those bars to it, jointures and settlements; which are not only the greatest impediments towards entering into that state, but also the frequent causes of distrust and animosity in it after it is consummated. I have with very much attention considered this case; and among ail the observations that I have made through a long course of years, I have thought the coldness of wives to their husbands, as well as disrespect from children to parents, to arise from this one source. This trade for minds and bodies in the lump, without regard to either, but as they are accompanied with such sums of money, and such parcels of land cannot but produce a commerce between the parties concerned, suitable to the mean motives upon which they at first came together. I have heretofore given an account, that this method of making settlements was first invented by a griping lawyer, who made use of the covetous tem

YOL. V.

pers of the parents of each side, to force two young people into these vile measures of diffidence, for no other end but to increase the skins of parchinent, by which they were put into each other's possession out of each other's power. The law of our country has given an ample and generous provision for the wife, even the third of her husband's estate, and left to her good-humour and his gratitude the expectation of further provision; but the fantastical method of going further, with relation to their heirs, has a foundation in nothing but pride and folly: for as all men wish their children as like themselves, and as much better as they can possibly, it seems monstrous that we should give out of ourselves the opportunities of rewarding and discouraging them according to their deserts. This wise institution has no more sense in it, than if a man should begin a deed with, "Whereas no man living knows how long he shall continue to be a living creature, or an honest man. And whereas I B. am going to enter into the state of matrimony with Mrs. D. therefore I shall from henceforth make it indifferent to me whether from this time forward I shall be a fool or a knave. And therefore, in full and perfect health of body, and a sound mind, not knowing which of my children will prove better or worse, I give to my first-born, be he perverse, ungrateful, impious, or cruel, the lump and bulk of my estate; and leave one year's purchase only to each of my younger children, whether they shall be brave or beautiful, modest or honourable, from the time of the date hereof, wherein I resign my senses, and hereby promise to employ my judgment no further in the distribution of my worldly goods from the day of the date hereof; hereby further confessing and covenanting, that I am from henceforth married, and dead in law."

There is no man that is conversant in modern settlements, but knows this is an exact translation of what is inserted in these instruments. Mens passions could only make them submit to such terms; and therefore all unreasonable bargains in marriage ought to be set aside, as well as deeds extorted from men under force, or in prison, who are altogether as much masters of their actions, as he that is possessed with a violent passion.

How strangely men are sometimes partial to themselves, appears by the rapine of him that has a daughter's beauty under his direction. He will make no scruple of using it to force from her lover as much of his estate as is worth ten thousand pounds, and at the same time, as a justice on the bench, will spare no pains to get a man hanged that has taken but a horse from him.

It is to be hoped the legislature will in due time take this kind of robbery into consideration, and not suffer men to prey upon each other when they are about making the most solemn league, and entering into the strictest bonds. The only sure remedy is to fix a certain rate on every woman's fortune; one price for that of a maid, and another for that of a widow for it is of infinite advantage, that there should be no frauds or uncertainties in the sale of

:

our women.

If any man should exceed the settled rate, he ought to be at liberty after seven years are over, by which time his love may be supposed to abate a little, if it is not founded upon reason, to renounce the bargain, and be freed from the settlement upon restoring the portion; as a youth married under fourteen years old may be off, if he pleases, when he comes to age, and as a man is discharged from all bargains but that of marriage, made when he is under twenty-one.