FOOTNOTES:

[71] See note, page 218.

The Life of JOHN WHALEBONE, _alias_ WELBONE, a Thief, etc.

This malefactor was born in the midst of the City of London, in the

Parish of St. Dionis Back Church. His parents were persons in but mean

circumstances, who however strained them to the uttermost to give this

their son a tolerable education. They were especially careful to

instruct him in the principles of religion, and were therefore under an

excessive concern when they found that neglecting all other business, he

endeavoured only to qualify himself for the sea. However, finding this

inclinations so strong that way, they got him on board a man-of-war, and

procured such a recommendation to the captain that he was treated with

great civility during the voyage, and if he had had any inclinations to

have done well, he might in all probability have been much encouraged.

But after several voyages to sea, he took it as strongly in his head to

go no more as he had before to go, whether his parents would or no.

He then cried old clothes about the streets; but not finding any great

encouragement in that employment, he was easily drawn in by some wicked

people of his acquaintance, to take what they called the shortest method

of getting money, which was in plain English to go a-thieving. He had

very ill-luck in his new occupation, for in six weeks' time, after his

first setting out on the information of one of his companions, he was

apprehended, tried, convicted, and ordered for transportation.

It was his fortune to be delivered to a planter in South Carolina, who

employed him to labour in his plantations, afforded him good meat and

drink, and treated him rather better than our farmers treat their

servants here. Which leads me to say something concerning the usage such

people met with, when carried as the Law directs to our plantations, in

order to rectify certain gross mistakes; as if Englishmen abroad had

totally lost all humanity, and treated their fellow-creatures and

fellow-countrymen as slaves, or as brutes.

The Colonies on the Continent of America are those which now take off

the greatest part of those who are transported for felony from Britain,

most of the Island Colonies having long ago refused to receive them. The

countries into which they now go, trading chiefly in such kind of

commodities as are produced in England (unless it be tobacco), the

employment, therefore, of persons thus sent over, is either in attending

husbandry, or in the culture of the plant which we have before

mentioned. They are thereby exposed to no more hardships than they would

have been obliged to have undergone at home, in order to have got an

honest livelihood, so that unless their being obliged to work for their

living is to pass for great hardship, I do not conceive where else it

can lie, since the Law, rather than shed the blood of persons for small

offences, or where they appear not to have gone on for a length of time

in them, by its lenity changes the punishment of death into sending them

amongst their own countrymen at a distance from their ill-disposed

companions, who might probably seduce them to commit the same offences

again. It directs also, that this banishment shall be for such a length

of time as may be suitable to the guilt of the crime, and render it

impracticable for them on their return to meet with their old gangs and

acquaintance, making by this means a happy mixture both of justice and

clemency, dealing mildly with them for the offence already committed and

endeavouring to put it ever out of their own power by fresh offences, to

draw a heavier judgment upon themselves.

But to return to this Whalebone. The kind usage of his master, the

easiness of the life which he lived, and the certainty of death if he

attempted to return home, could not all of them prevail upon him to lay

aside the thoughts of coming back again to London, and there giving

himself up to those sensual delights which he had formerly enjoyed.

Opportunities are seldom wanting where men incline to make use of diem;

especially to one who had been bred as he was to the sea. So that in a

year and a half after ms being settled there, he took such ways of

recommending himself to a certain captain as induced him to bring him

home, and set him safe on shore near Harwich. He travelled on foot up to

London, and was in town but a very few days before being accidentally

taken notice of by a person who knew him, he caused him to be

apprehended, and at the next sessions at the Old Bailey, he was

convicted of such illegal return, and ordered for execution.

At first he pretended that he thought it no crime for a man to return to

his own country, and therefore did not think himself bound to repent of

that. Whatever arguments the Ordinary made use of to persuade him to

sense of his guilt I know not. But because this is an error into which

such people are very apt to fall; and as there want not some of the

vulgar who take it for a great hardship, also making it one of those

topics upon which they take occasion to harangue against the severity of

a Law that they do not understand, I think it will not, therefore, be

improper to explain it.

Transportation is a punishment whereby the British law commutes for

offences which would otherways be capital, and therefore a contract is

plainly presumed between every felon transported and the Court by whose

authority he is ordered for transportation, that the said felon shall

remain for such term of years as the Law directs, without returning into

any of the King's European dominions; and the Court plainly acquaints

the felon that if, in breach of his agreement, he shall so return, that

in such case the contract shall be deemed void, and the capital

punishment shall again take place. To say, then, that a person who

enters into an agreement like this, and is perfectly acquainted with its

conditions, knowing that no less than his life must be forfeited by the

breach of them, and yet wilfully breaks them, to say that such a person

as this is guilty of no offence, must in the opinion of every person of

common understanding be the greatest absurdity that can be asserted; and

to call that severity which only is the Law's taking its forfeit, is a

very great impropriety, and proceeds from a foolish and unreasonable

compassion. This I think so plain that nothing but prepossession or

stupidity can hinder people from comprehending it.

As to Whalebone, when death approached, he laid aside all these excuses

and applied himself to what was much more material, the making a proper

use of that little time which yet remained for repentance. He

acknowledged all the crimes which he had committed in the former part of

his life, and the justice of his sentence by which he had been condemned

to transportation; and having warned the people at his execution to

avoid of all things being led into ill company, he suffered with much

seeming penitence, together with the afore-mentioned malefactors, at

Tyburn, being then about thirty-eight years of age.

Lives of the Most Remarkable Criminals Who have been Condemned and Executed for Murder, the Highway, Housebreaking, Street Robberies, Coining or other offences · 第 139 / 221 题