He farther informed the Committee, that it is supposed the last 104
houses were broken open by a number of house-breakers not exceeding
20, and few of them more than 20 years of age, 16 or 17 of whom are
in custody with little probability of their being convicted: that the
evil increases amazingly, and never was at so great a height as since
last Michaelmas. Being asked, what is the cause of this increase of
housebreaking; he said, that felons formerly carried their goods to
pawnbrokers; but by the present method of quick notice to pawnbrokers,
silversmiths, and others, that plan is defeated, and the housebreakers
now go to Jews, who melt the plate immediately, and destroy other
things that might be evidence, which in burglary can be nothing but
the goods, though in other cases the person may be sworn to; that they
disguise jewels by knocking them out of the sockets, so that they
cannot be sworn to; that the present gang of house-breakers are sons
of unfortunate people, and of no trade; that they began when boys as
pick-pockets, but turned house-breakers when they grew up, in order to
procure a greater income to supply their increased expences. And he
informed the Committee, that for 20 years a footpad has not escaped;
that highwaymen cannot escape, upon account of the early information
given to the aforesaid office, and the great number of prosecutors who
always appear against them, which he thinks must in time put an end
to that evil[191:A]. He then said, he had detected several persons
in Duke's-place with plate, and has offered a reward of five guineas
for apprehending one person in the same place. Being asked what he
thought of the present method of watching the town; he said, the watch
is insufficient, their duty too hard, and their pay too small; that
he has known serjeants in the guards employed as watchmen; that the
watchmen are paid eightpence halfpenny in St. Margaret's parish, and
a gratuity of two guineas a year, out of which they find their own
candle; that as they are paid monthly, they borrow their money of an
usurer once a week; that in other parishes the watch are paid from
tenpence to one-shilling per night; that the watch in Westminster is in
every parish under the direction of a separate commission, composed of
persons who have served the offices of Churchwarden and Overseer; that
Commissioners of the respective parishes appoint the beats of their
watchmen without conferring together, which leaves the frontiers of
each parish in a confused state; for that, where one side of a street
lies in one parish, and the other side in another parish, the watchmen
of one side cannot lend any assistance to persons on the other side,
other than as a private person, except in cases of felony.
James Sayer, Esq. Deputy High-steward of Westminster, confirmed the
above evidence; and added, that St. Margaret's parish has a select
vestry, the majority of which is composed of tradesmen; that they will
pay no more than eightpence halfpenny a night to their watchmen, and
have no way of punishing them for neglect of duty than by dismissing
them, which in fact is not a punishment, for they find it difficult to
get men to serve in that office; and he further said, that their number
is not sufficient. Being asked the reason for changing the constables
from being parochial to be constables for the whole City and Liberty,
he said, that before 29 George II. constables were parochial; that he
apprehended the reason for the change was, that a constable could not
execute any official act out of his parish without being specially
authorised so to do. He mentioned an instance of a constable's being
killed when he was serving a warrant out of his parish; that the person
who killed him was tried and found guilty of manslaughter only, though
he would have been guilty of murder, if it had happened in the parish
to which the constable belonged.
Sir John Fielding being asked what remedies he could suggest to prevent
the above evils; he produced two papers relating to constables,
watchmen, and other officers, which were read to and confirmed by him,
and are as follows:
"Watchmen too old--should be from 25 to 50; their beats too
extensive--should not exceed 20 houses on each side of the way.
Watchmen too few, the sum raised for the watch too little, being only
fourpence in the pound--should be sixpence.
"Ward-officers to be chosen out of those inhabitants that have served
the office of constable, and to have a good salary. One half of the
constables to be discharged within the year, so that one half remaining
two years will be able to instruct the new officers, and the whole
duty will be well done. If the new provisions for the watch can be
established by the Commissioners remaining where they are, it will
save trouble; for then the money may be raised by them as it now is,
and every parish may pay and clothe their own watchmen; so that the
appointment, distribution, direction, wages, number, and punishment
of the watch, may be in the Magistrates by a new commission, and the
paying and clothing be in the present Commissioners.
"The words 'A Constable of the City and Liberties of Westminster,'
to be placed over the Constable's doors; the words 'Ward-officer,'
over the Ward-officers' doors. Beadles by name to be discharged; and
the necessary part of their duty they now do, to be performed by
the Ward-officers. That it would be right to confine the intended
improvement and constables to Westminster only, as the watch in
the adjoining parishes of Middlesex remain on the same footing as
originally settled by the Statute of Winchester."
Second Paper. "The watch of Westminster is extremely defective; the
number ought to be increased, their pay augmented, and the whole
direction of them put under one Commission, and that Commission should
be Magistrates of the City and Liberty of Westminster; the watch
should be attended by ward-officers and relieved in the night, a whole
night's duty being too hard. The round-houses should be capacious,
no liquor should be sold in them; publicans should be punished for
permitting watchmen to tipple during their duty, and watchmen should be
particularly rewarded for diligence, and punished for neglect, by the
civil power. High Constables should not quit their office at the end
of three years. Constables should be increased, half the number only
discharged annually. The constable of the night should be considered
for his attendance on that duty, and punished for neglect.
"The power for raising money at present for the watch is too confined;
it should be enlarged, raised by the present Commissioners, the
watchmen paid by them, but their number, direction, and appointment,
be by the new Commission of Magistrates. Receivers of stolen goods,
especially of those taken by burglary or highway-robbery, should be
made principals, with a power of mitigation in the Judge."
James Sayer, Esq. being again examined, approved of Sir John Fielding's
plan; and added, that the beadles are an unnecessary set of men,
advanced in years, and servants to the Churchwardens and Overseers,
are forty in number over the whole City and Liberty; they have an
allowance of 20_l. per annum_ apiece, which they make up 30_l._;
that he apprehends, if the number was increased to sixty, and the City
and Liberty divided into so many divisions, a beadle to each division,
and the object of their duty to take up vagrants, they might be of
great service: that, if the beadle was to have two shillings for every
vagrant he took up, and four shillings was given to any other person
who should apprehend one, the one-half to be deducted out of the
beadle's salary of that district where the vagrant was apprehended, it
would have a good effect.
Mr. T. Rainsforth, High-constable of Westminster, being examined, said,
he had been in office twelve months; that he had visited the different
night watch-houses in the City and Liberty of Westminster frequently
from twelve to three in the morning, found many of the peace-officers
upon duty, some were not. That there is a general complaint of
peace-officers neglecting their duty, to which neglect it is owing,
that the watchmen and beadles are not present; and this general neglect
he apprehends is the reason why so many houses are robbed; that he has
frequently found seven or eight watchmen together in an alehouse; he
thinks, that the High-constable should visit the round-house in the
night-time, once a month at least, or oftener if required.
James Sayer, Esq. being again examined, said, that Constables are
appointed under Acts 29 and 31 George II. which Acts are in many
articles defective; that 80 constables, which is the number limited,
are not sufficient; that they are appointed by the Leet-jury, which has
been attended by great partialities; for the Leet jury being composed
of the Overseers of the several parishes of the preceding year, they
protect each other from serving the office of Constable; that in
general opulent inhabitants are excused, and young tradesmen returned;
that, if a rich man is now and then returned, he is generally got off
by pleading age and infirmities; that deputies are generally hired men,
and though they cannot be appointed unless approved of by the Deputy
High Steward, yet, as it is impossible for him to get a true character
of the person nominated, he finds many unfit persons are appointed,
who, he is informed, make a trade of serving the office; for remedy of
which he proposed, that the number of constables should be increased
to 120. He thinks the burthen of serving the office of constable
should not lay wholly on the trading inhabitants, as it does by the
late Act; that, by common law, every person able and fit is liable to
serve: that the fine for not serving the office should be enlarged from
8_l._ to 20_l._ which fine should be distributed among those that do
serve: and he added, that twelve being obliged to attend daily during
the Session of Parliament, as long as either House sits, the duty
comes round to each individual every sixth day, eight being excepted,
who may be sick, or kept in reserve; during which attendance the
constables must necessarily neglect their own business. With respect
to the High-constable, he said, it is an office of great burthen and
trust; that, by law, he the witness is obliged to appoint a substantial
tradesman to that office; that the person appointed is not to continue
in office above three years, and is liable to a penalty of 20_l._ for
refusing to serve, which penalty goes to the poor of the parish; upon
which he observed, that the High-constable should not be a tradesman,
because his power enables him to oblige the keepers of public-houses
to deal with him, or those with whom he is concerned in his way of
trade; that the penalty on persons refusing to serve the office should
be increased; that the High-constable should have a reward for his
service, and that the constables of the night should have a reward
also.
Sir John Fielding being again examined, said, that ballad-singers are
a greater nuisance than beggars, because they give opportunity to
pick-pockets by collecting people together; that the songs they sing
are generally immoral and obscene; the people themselves capable of
work, and of the lowest and most abandoned order of people; for remedy
of which, he proposed that all ballad-singers should be considered as
vagrants, and made liable to the same punishments, no person being
a vagrant now but who comes within some one of the descriptions of
vagrancy in the Vagrant Act. And the High-constable being again
examined, informed the Committee that he has often had warrants for
taking up ballad-singers; that he has apprehended a great many,
notwithstanding which their numbers increase, and they are become a
very great nuisance; that they have often been dispersed, but still
continue the practice.
Sir John Fielding, being again examined, said, that the City of
Westminster is a franchise under the Dean and Chapter of Westminster;
that the common gaol thereof is called the Gatehouse, to which
offenders of every kind, apprehended within the Liberty of Westminster,
have been usually committed for several years back, to the number of
600 or 700 annually; that in this gaol there is little or no allowance
or provisions for the prisoners but what arises from the charity of
passengers, seldom amounting to more than five or six shillings a-week,
the greatest part of which is given to the beggar at the window for the
day. That the said gaol appears, from experience of the Magistrates,
to be too small for the number, and too weak for the safe custody of
prisoners; that to this gaol persons for execution in debts recovered
in the Court of Conscience, are committed; and he said, he believed
this is the only gaol in England where there is not some provision for
the poor and distressed prisoners; and he added, that when a Magistrate
commits a man to that gaol for an assault, he does not know but he
commits him there to starve. For these reasons, as well upon the
principles of humanity as of civil policy, this ought to be remedied;
and that, on account of the vast increase of inhabitants, property,
and number of offenders, there ought to be in Westminster a strong,
capacious, and useful gaol, and there is no such thing at present; that
the said gaol, called the Gatehouse, is a very old building, subject
to be repaired by the said Dean and Chapter, who appoint the Gaoler;
that the supposed original use of this gaol was for the purposes of
committing Clerks convict. The commission of Magistrates is not later
than Charles the First's reign; they began first to commit offenders
to this gaol, rather by sufferance than by right; and he observed
that, however proper it may have been for its original purposes, it
is unequal to the present occasions, and, as he apprehends, cannot be
altered without a Law. And he further informed the Committee, that the
Magistrates of Westminster have represented this matter to the Dean
and Chapter, who acknowledge it, are willing to pull it down, and to
give a piece of ground in their Royalty in Tothill-fields to build a
new gaol upon, and to subject the same, with every thing thereunto
belonging, to the Magistrates of Westminster, under such regulations as
the Legislature shall think proper, provided a sum be granted by the
publick for building the same; and he added, that estimates have been
made, by which it appears that a very effectual gaol may be built for
the sum of 2500_l._ In order, therefore, to remedy the inconveniences
above-mentioned, he proposed that such gaol should be built and kept
in repair out of the County rate, which he said may be done without
injury to the County at large, for this reason, that there is but one
rate at present for Middlesex and Westminster, near one-third of which
is paid by the latter since the increase of buildings there; that
this proportion is much greater than the expences required by the Act
for County rates would subject Westminster to; and he added, that the
gaol, called the House of Correction, Westminster, is repaired by the
Magistrates of Westminster, and the expence is paid by virtue of their
orders on the County Treasurer; that the same thing, if allowed by
Parliament for the repairs of the proposed new gaol, will answer the
purpose without separating the rate.
James Sayer, Esq. being again examined, concurred with Sir John
Fielding in every particular.
Sir John informed the Committee, that about six or seven years ago the
Magistrates of Westminster had no other Court-house but a place at the
bottom of the stairs leading to the House of Commons, called _Hell_,
to keep their Sessions in. The increase of business and of offences in
Westminster made it impracticable to carry on the business there. The
nuisance was represented by the Magistrates to the Lord Lieutenant,
Lord Northumberland, who said, he had then applied for redress, and
told the Chairman it could not be taken up by Government then, but
would be in future considered: in the mean time, at his own expence,
amounting to 800_l._ he directed the Chairman to prepare a large house
in King-street Westminster, which was formerly a tavern, to be made
proper for a Court-house; that the Magistrates for their Sessions,
the Burgesses for their Courts, the Lieutenancy for the Militia,
Commissioners of Sewers for their business, Grand Juries for the
County of Middlesex, Writs of Enquiry for the Sheriffs, and meeting of
inhabitants for nominating their Representatives, should use the said
building; for all which purposes it has been constantly, effectually,
and conveniently used; that it is scarce possible for the above
business to be transacted without it, and the establishment of it is
as essential to the Civil Power as any thing that has been mentioned.
That the purchase of the said building and fitting it up, cost the Duke
of Northumberland near 4000_l._; and he added, that this building also
might be kept in repair by the County rate, at an average of 30 or
40_l._ a year.
Sir John Fielding said, he thinks the acting part of the Magistrates
in Westminster is in as good a state as it ever was, and more free
from imputation of or neglect of duty; that it would be useful to have
some persons of rank and condition in the Commission of the Peace for
Westminster, who would attend at the Quarter Sessions, where they would
become acquainted with the conduct of the Magistrates in general,
give a dignity to the Commission, support the acting Magistrates on
great occasions, and give encouragement to such of them as discharged
their trust becoming the honour of the Commission, and discountenance
those who did not; and he added, that for the last two or three years
the Magistrates of Westminster have gone through very painful duty,
and have been very diligent in it; and having been sensible of the
necessity of their attendance, have mutually agreed to attend at any
time or place upon the least notice from their Chairman.
James Sayer, Esq. being again examined, admitted that the Magistracy
at present is composed in general of persons of character, and that
justice is administered with activity, diligence, and skill, but
alledged that it has been otherwise formerly, and may be the case
hereafter; and therefore, he was of opinion that a regulation in
the Magistracy of Westminster is necessary. That there should be a
qualification of Justices, that they should have a reward for acting,
as the most part of their time will be devoted to the public service;
that the fees to be taken by their clerks should be devoted to some
public service; such as a vagrant hospital; that there should be
certain Rotation-offices established by Law; that, as he apprehends,
one such office might be sufficient if properly regulated; that
the Rotation-office should do all the business except in emergent
cases, and that the private office of Justice of the Peace should be
abolished, because it sometimes happens, that a man committed for a
notorious bailable offence is carried to another Justice, who bails
him without knowing the enormity of his offence; and Sir John Fielding
said, that in criminal offences, that nearly regard the publick, it
is impracticable to use a Rotation-office as there are many things
necessary to be kept secret; and, though the whole of the circumstances
must be known to the acting Magistrate, yet they cannot be known by
a fresh Magistrate who attends in rotation; and he added, that the
great number of brothels and irregular taverns carried on without
licence from the Magistrates, are another great cause of robberies,
burglaries, and other disorders, and also of neglect of watchmen and
constables of the night in their respective duties. That these taverns
are kept by persons of the most abandoned characters, such as bawds,
thieves, receivers of stolen goods, and Marshalsea-court and Sheriffs
officers who keep lock-up houses. The principal of these houses are
situate in Covent-garden, about thirty in St. Mary-le-Strand, about
twelve in St. Martin's, in the vicinity of Covent-garden, about twelve
in St. Clement's, five or six at Charing-cross, and in Hedge-lane
about twenty; that there are many more dispersed in different parts
of Westminster, in Goodman's-fields, and Whitechapel, many of which
are remarkably infamous, and are the cause of disorders of every kind,
shelters for bullies to protect prostitutes, and for thieves, are a
terror to the watchmen and peace-officers of the night, a nuisance to
the inhabitants in the neighbourhood, and difficult to be suppressed
by prosecution for want of evidence, and, in short, pregnant with
every other mischief to Society; that any person desirous of gaining
a livelihood by keeping a place of public entertainment, who is of
good reputation, can obtain a licence with ease from the Magistrates
to keep such house, when a public-house in any neighbourhood happens
to be vacant that has been licensed before; the Magistrates of
Middlesex and Westminster having long held it to be a rule essential
to the public good, rather to diminish than increase the number of
public-houses. That persons of abandoned characters, by applying
to the Commissioners of the Stamp-office, may obtain a licence for
selling wine; by virtue of such licences it is that the taverns above
described are kept open, for the aforesaid Commissioners are impowered
by law to grant such licences to whom they shall think fit; that
licences for selling spirituous liquors by retail are not granted
by the Commissioners of Excise, unless the parties produce to them
a licence under the hands and seals of two Justices of the Peace to
sell ale. That Magistrates cannot by Law authorise any person to sell
ale, without a certificate of such person's being of good fame and
sober life and conversation, so that producing this licence to the
Commissioners establishes their character with them, and takes away
the necessity of any enquiry; for remedy of which, he proposed that
Wine-licences should be placed by Law under the same restraint as
the licences for selling spirituous liquors now are. This remedy, he
apprehended, might probably reduce the Revenue of Wine-licences; if
confined to the Bills of Mortality, it would in his opinion diminish
it no more than 400_l._; but if extended to Portsmouth, Plymouth,
Chatham, and other Dock-yards, it might lessen it 200_l._ more; he
added, that he thinks it more necessary to correct the evil in those
parts, as it has a direct tendency to corrupt and destroy the very
vitals of the Constitution, the lives of the useful seamen, who by
means of these houses become the objects of plunder as long as they
have any money, and are induced to become robbers when they have none;
and he informed the Committee that there is another great evil which
is the cause of these disorders, namely, the immense number of common
prostitutes, who, mostly from necessity, infest the streets of the
City and Liberty of Westminster and parts adjacent, attended by common
soldiers and other bullies to protect them from the civil power; these
prostitutes, when they have secured the unwary customers, lead them to
some of the aforesaid taverns, from whence they seldom escape without
being robbed. The cause of this evil, as he apprehends, is the great
difficulty, as the Law now stands, to punish those offenders, they
being, as common prostitutes, scarce, if at all, within the description
of any Statute now in being; and he added, that this subjects watchmen,
round-house keepers, constables, and even the Magistrates themselves to
prosecutions from low Attorneys; that the remedy in his opinion should
be to declare, that persons walking or plying in the said streets
for lewd purposes after the watch is set, standing at the doors, or
appearing at the windows of such taverns in an indecent manner for
lewd purposes, shall be considered as vagrants, and punished as such.
That as to the circumstance of street-beggars, it never came to his
knowledge that they are under contribution to the beadles.
Mr. Rainsforth the High-constable being called, delivered in a paper
called "The State of the Watch in Westminster;" which paper is hereunto
annexed: and said, that all the watchmen being assembled at Guildhall
on Saturday, March 24, to see the housebreakers, they appeared to him
in general very infirm and unfit to execute that office.
Mr. Thomas Heath, a Burgess of the Duchy of Lancaster, being examined,
said, that both the constables and watch within the said Duchy are very
insufficient and defective."
The Committee concluded their Report with thirteen resolutions, exactly
corresponding with the evidence received, which were all agreed to by
the House, and a Bill or Bills ordered to be brought in for carrying
them into effect.
The High Constable's remarks:
_St. Margaret's._
"Three quarters past 11. Constable came after I was there, house-man
and beadle on duty; 41 watchmen, with St. John's united, at eightpence
halfpenny _per night_, with one guinea at Christmas, and one guinea at
Lady-day, and great coats as a present; their beats large; was obliged
to take a soldier into custody for being out of his quarters, and very
insolent, with several more soldiers, in the streets at 12 o'clock;
called out "Watch," but could get no assistance from them.
_St. George's._
Half-past 12. Constable and four house-men on duty; 57 watchmen at one
shilling _per night_, and great coats; two men had attempted to break
into Lady Cavendish's house, but were prevented.
_St. James's._
One o'clock. Constable and beadle on duty, streets very quiet, meeting
with no disorders; 56 watchmen at one shilling _per night_ for five
months, and eight-pence for seven months, with coats, lanterns, and
candles.
_St. Anne's._
Half-past 1. Constable gone his rounds; 23 watchmen at one shilling
_per night_ for six months, and nine-pence the other six, with candles;
no disorders.
_St. Martin's._
Two o'clock. Constable, regulator, and beadle on duty; 43 watchmen at
14_l. per ann._ candles and great coats, every thing quiet, beats large.
_St. Paul's, Covent-garden._
Half-past 2. Constable, house-keeper, and beadle on duty; 22 watchmen
at one shilling _per night_, down to eightpence halfpenny; no
disturbance.
_St. Clement's Danes._
Past 3. No constable on duty, found a watchman there at a great
distance from his beat; from thence went to the night-cellar facing
Arundel-street in the Strand, which is in the Dutchy, and there found
four of St. Clement's watchmen drinking; St. Clement's watchmen 22 at
one shilling each.
_St. Mary-le-Strand._
No attendance, having only two constables which only attend every
other night; 3 watchmen, Dutchy included, at one shilling each; a very
disorderly cellar near the New-church for selling saloop, &c. to very
loose and suspected persons."
The number of felons who had been imprisoned in Newgate during the
year 1772, amounted to the amazing number of 1475; from 1747 to 1764,
the number had never exceeded 1300; from the year 1763 to 1772, the
greatest number of prisoners who died in Newgate within twelve months
was 36, and the least 14.
Impressed with the melancholy consequences to Society from this
shocking increase of depravity, Sir John Fielding thus emphatically
addressed the Grand Jury at the Quarter-sessions for Westminster,
October 12, 1773.
"Gentlemen of the Grand Jury,
"By virtue of the trust now reposed in you, as a Grand Jury for
the City and Liberty of Westminster, you are become the temporary
guardians of the lives, liberty, property, and reputation of your
fellow-citizens; nor can a higher trust than this be placed in man.
And in order that it may be discharged with a conscientious regard to
truth, and a fidelity becoming its importance, you are bound by the
solemn tie of an oath to execute this office without malice, without
resentment, without favour, and without affection. Under this sacred
obligation, your fellow-subjects have reason to hope and expect that
you will hear with patience, enquire with diligence, judge with
candour, and present with impartiality.
"I am sorry to inform you, Gentlemen, that it appears from our
Calendar, that there are a number of persons in confinement charged
with felonies of different degrees, but it is a melancholy truth;
probably some of these unfortunate fellow-creatures may suffer
ignominious punishments; but, as prevention is far superior to
punishment, permit me to call forth to your attention some of those
public offences which first corrupt, and then precipitate the unwary
to infamy and destruction. I mean the keeping of gaming-houses,
disorderly houses, bawdy-houses, for it is these seminaries of vice,
these polluted fountains, that first poison the moral spring of our
youth, and consequently make footpads, highwaymen, and housebreakers,
of those who might otherwise have been useful, nay, perhaps honourable
members of society; and although I am convinced it is in the power
of many of the inhabitants of this City and Liberty to remove, by
prosecution, some of these nuisances; yet I am aware that they are
deterred from it by the hateful idea indiscriminately annexed to the
name of an informer; and thus, gentlemen, the parties injured, by a
criminal cowardice, neglect their duty to the publick, whilst the
ignorant and abandoned slanderer unjustly reviles the Magistrate for
the continuation of these evils; but, if public spirit should produce
any prosecutors of the keepers of such houses, I hope you will do your
utmost to bring such miscreants to condign punishment, that the publick
may have a fair opportunity of judging in what a detestable light the
Magistrates of this Bench consider such offenders and offences. Let
the inhabitants but complain, and if the Justice neglect his duty, may
contempt and confusion overtake him! But till then, place confidence,
and pay respect to that authority where confidence and respect are due.
"And now, gentlemen, give me leave to take notice of one public
offence, so alarming in its nature, and so mischievous in its effects,
that, like a pestilence, it does not only stand in need of your
immediate assistance, but that of all good men, to stop its corroding
progress; I mean the exposing to sale, and selling such indecent and
obscene prints and books as are sufficient to put impudence itself
to the blush. Surely, gentlemen, Providence has placed too strong
propensions in our nature to stand in need of such inflammatory aids
as these; on the contrary, in this particular, we rather require
restraints than encouragements; but, if at that period of life when
our children and apprentices stand in need of a parent to advise, a
master to restrain, or a friend to admonish and check the first impulse
of passion, pictures like these are held forth to meet their early
feelings, what but destruction must be the event? Indeed, by care, you
may prevent youth in some degree from frequenting bad company; you may
accustom them to good habits, afford them examples worthy imitation,
and by shutting your doors early, may oblige them to keep good hours;
but, alas! what doors, what bolts, what bars, can be any security to
their innocence, whilst Vice in this deluding form counteracts all
caution, and bids defiance to the force of precept, prudence, and
example, by affording such foul but palatable hints as are destructive
to modesty, sobriety, and obedience? But, what is still more shocking,
I am informed that women, nay mothers of families, to the disgrace of
their sex, are the cruel dispensers of this high-seasoned mischief;
but, if duty or humanity should spirit up any one to prosecute such
offenders, I conjure you as fathers, masters, and subjects, to afford
them the best assistance in your power, to put a stop to this shameful
and abominable practice.
"I am very sensible that I have already trespassed much on your time,
but cannot take my leave without acquainting you that our Courts of
Judicature of late have abounded with prosecutions for wilful and
corrupt perjury--dreadful offence! But, as oaths are the foundation
of all our judicial proceedings, and the negligent administration of
these oaths is one great cause of perjury, I do earnestly recommend it
to you, Mr. Foreman, not to permit any witness to give his testimony
without reminding him that he is about to speak under the sacred
influence of an oath, and that he has called the great God himself to
witness that he is speaking truth."
An Act, passed in 1774, has operated through the following clause, in
suppressing some of the enormities which lead to the crimes Sir John
deprecated. "That every watchman, as well patroles as others, and every
beadle, shall, during his respective time of watching, to the utmost of
his power endeavour to prevent as well all mischiefs happening by fire,
as all murders, burglaries, robberies, affrays, and other outrages and
disorders; _and to that end_, during the time of watching, each and
every of them shall and may, and are hereby authorised and impowered
to arrest and apprehend _all night-walkers_, malefactors, rogues,
vagabonds, and other loose, idle, and disorderly persons, and all
persons lying or loitering in any street, square, court, mews, lane,
alley, or elsewhere; to apprehend and bring them as soon as convenient
before the constable of the night. And if any person or persons shall
assault or resist any watchman in the execution of his office, they
shall pay any sum not exceeding five pounds."
The publication of obscene prints and books (though so justly
reprobated by Sir John Fielding) had proceeded with very little
interruption, almost through the space of time which elapsed between
his charge and the termination of the century. A few prosecutions were
instituted, but nothing systematic in opposition took place, till the
Society for the Suppression of Vice attacked the enemies of virtue and
decency with vigour, and obtained almost a complete victory. For this
essential service rendered to the community they deserve every praise;
and, however the publick may be divided in opinion as to their methods
of proceeding, and the propriety of some of their operations, all will
agree that vending obscene books and prints, riotous and disorderly
houses, lotteries, and little-goes, and cruelty to animals, ought to be
finally prevented. I shall close this article with a summary of their
convictions during the first year of their establishment, ending in
April 1803.
_Profanation of the Sabbath._
---------------------------+----------------------------+-----------
_Offenders._ | _Punishments._ | _No._
---------------------------+----------------------------+-----------
Two hundred and twenty-two | Some convicted in the |
Shop-keepers, for | full penalty, with costs,|
pursuing their ordinary | and others in costs |
callings; and two hundred| only.--Before the | 440
and eighteen Publicans, | Magistrates. |
for suffering Tippling | |
during Divine Service, | |
(having disregarded | |
the warning previously | |
delivered them). | |
_Vending Obscene Books and Prints._
---------------------------+----------------------------+-----------
_Offenders._ | _Punishments._ | _No._
---------------------------+----------------------------+-----------
GAINER, an Itinerant | Six Months |
Hawker. | Imprisonment.--Middlesex |
| Sessions. |
HARRIS, a Vender of Ballads| Two Years Imprisonment |
and Obscene Books and | and Pillory.--Westminster|
Prints, at Whitehall. | Sessions. | 7
BERTAZZI*, an Italian | Six Months Imprisonment. |
Itinerant Hawker. | Middlesex Sessions. |
BERTAZZI, on two other | Six Months Imprisonment |
Indictments. | for each offence, and |
| twice Pillory.--Court |
| of King's Bench. |
ANN AITKIN, Printseller, | One Year's Imprisonment |
Castle-street, | and hard Labour.--Court |
Leicester-fields. | of King's Bench. |
BAINES, Keeper of a Stall, | One Year's |
Skinner-street, | Imprisonment.--Old |
Snow-hill. | Bailey Sessions. |
* _N.B._ This man, in connection with many others, went
about the City selling obscene books and prints, at
boarding-schools of both sexes.
_Riotous and Disorderly Houses_, &c.
--------------------------------+-------------------------------+--------
_Offenders._ | _Punishments._ | _No._
--------------------------------+-------------------------------+--------
Four Keepers of Houses |All suppressed in a summary |
where unlawful Dances | way.--Before the Magistrates.| 11
were held, two on Sundays; | |
three Keepers of | |
Public-houses, and two | |
of Private Theatres--being | |
all receptacles for disorderly| |
and abandoned | |
characters, and places for | |
the seduction of youth of | |
both sexes; and two | |
Keepers of Brothels, | |
where practices of the | |
grossest prostitution were | |
carried on. | |