1. Laying violent hands on Confiscation of property;

the Sovereign, whether injury imprisonment for not less than 30

results from it or not. years; and branding on each

cheek with the mark of a

gallows[15] if the prisoner is

remarkably depraved.

2. Attacking the Sovereign Imprisonment 8 years, and not

by speeches or writings. less than 5.

3. Persons conspiring and Confiscation of Property and

taking up arms, or entering 30 years' imprisonment, with

into alliance with an enemy, branding as above.

&c. are guilty of _sedition

and tumult_.

* * * * *

_Criminal Offences relative to the Sovereign and the State._

4. He who enters the house Imprisonment, not less than

or abode of another, and uses 1 month, nor more than 5 years,

violence against his person, and condemnation to the public

goods, or possession, is works.

guilty of _open force_.

5. He who violently resists Imprisonment not less than

the authority of a Judge, or 1 month, nor more than 5 years;

Officer of Justice, although but where there is an injury and

no wound result, is guilty of wounds, not exceeding 8 nor

_open violence_. less than 5.

6. Breach of trust, in a Imprisonment not less than 8,

Governor, or Charge des nor more than 12 years, and

Affaires; neglecting the condemnation to the public works,

interest of the State, or and in aggravated cases, the

betraying his Country, &c. pillory.[16]

7. A Judge, who from Imprisonment not less than 8, nor

corruption or passion is more than 12 years, and

guilty of an _abuse of condemnation to the public works,

judicial authority_. and in aggravated cases, the

pillory.

8. Accomplices attempting Imprisonment not less than 1

to corrupt a Judge. month, nor more than 5 years; and

condemnation to the public works.

9. Forgery, by attempting to Imprisonment not less than

counterfeit public bills of 30 years, and branding with a

the State which circulate as hot iron.

money.

10. Falsifying a public bill, Imprisonment not less than 12,

by changing or altering it, nor more than 15 years, and

or imitating the signatures. condemnation to the public works.

11. Coining false money, Imprisonment not less than 1

resembling the Coin of the month, nor more than 5 years,

Hereditary Dominions, or with condemnation to the public

foreign Coin current by law; works.

even though of equal weight

and quality, or superior to

the current Coin.

12. Coining false money, by Imprisonment not less than 12,

using a bad alloy; and by nor more than 15 years, and

fraud giving false money the condemnation to the public works.

quality of good.

13. Accomplices in Imprisonment not less than 8,

fabricating tools for nor more than 12 years, and

Coining. condemnation to the public works.

14. Assisting in the escape Imprisonment not less than 1

of a prisoner. month, nor more than 5 years; and

condemnation to the public works.

15. Magistrates granting Imprisonment not less than 12,

indulgencies contrary to nor more than 15 years; and

law, &c. deprivation of authority.

* * * * *

_Criminal Offences against Human Life and Bodily Safety._

16. _Murder_,--by Imprisonment not less than 15,

wounding a man so that death nor more than 30 years; the latter

ensues, including all in cases of consanguinity.[17]

accomplices.

17. Killing a man in Imprisonment not less than 1

self-defence, if the slayer month, nor more than 5 years, and

exceed the bounds of condemnation to the public works.

necessity.

18. _Murder_,--with an Imprisonment not less than 30

intention to rob or steal the years, with the hot iron; in

property of the person, or cruel cases, to be closely

other property intrusted to chained, with corporal

his care. punishment[18] every year.

19. Assassination by Condemnation to the Chain,[19]

stratagem, arms, or poison. not less than 30 years.

20. Inducing another to commit Imprisonment not less than 5,

Murder; by caresses, promises, nor more than 8 years, and

presents, or threats; whether condemnation to the public

death is the result or not. works.--If murder is committed,

the criminal shall suffer as a

murderer.

21. _Duelling_,--or If death ensues; condemnation to

challenging another to combat the chain for 30 years, where the

with murderous weapons on survivor is the challenger. If

whatever pretence the challenge the survivor be the party

be grounded.--The person challenged, imprisonment, not

accepting the challenge is more than 12, nor less than 8

equally guilty, after agreeing years, and condemnation to the

to combat with murderous weapons. public works. If neither fall,

imprisonment to the challenger,

not less than 1 month, nor more

than 5 years; and hard labour in

the public works.

22. Accomplices acting as Imprisonment not less than 1,

assistants and seconds. nor more than 5 years.

23. A woman with child using Imprisonment not less than 15,

means to procure abortion. nor more than 30 years; and

condemnation to the public works:

augmented when married women.

24. Accomplices advising and Imprisonment not less than 1

recommending abortion. month, nor more than 5 years,

and condemnation to the public

works.--Punishment increased

when the accomplice is the father

of the infant.

25. Exposing a living infant, Imprisonment not less than 8,

in order to abandon it to danger nor more than 12 years; to be

and death; or to leave its increased under circumstances of

deliverance to chance; whether aggravation.

the infant, so exposed, suffers

death or not.

26. Maiming by malignant Imprisonment not less than 1

assault. month, nor more than 5 years.

27. Suicide or self-murder, The body to be thrown into

without any sign of insanity. the earth by the executioner, and

the name of the person and crime

to be publicly notified and fixed

on a gallows.

* * * * *

_Criminal Offences against Honour and Liberty._

28. _Calumny_--false Imprisonment not less than 1

accusation--injuring a man of month, nor more than 5 years,

his right, or robbing him of his and condemnation to the public

good name unjustly and without works; with corporal punishment

proof (See post. No. 56.) if the party receive injury.

29. _Rape_,--or forcibly, Imprisonment not less than 3

by associates, threatnings, or years, nor more than 12, and

shewing weapons, overpowering condemnation to the public works.

and forcing a woman to submit,

and shamefully abusing her by

rendering her incapable of

opposition.

30. Accomplices aiding in the Imprisonment not less than 5,

commission of a rape. nor more than 8 years; and

condemnation to the public works.

31. _Forcibly carrying a Imprisonment not less than 15

person out of the State_ years, nor more than 30 years;

without his will, or the augmented if the criminal is a

consent of the Magistrate, natural-born subject.

enlisting men into foreign

service, &c.

32. _Forcibly, or by Imprisonment not less than 1

address, secretly carrying month, nor more than 5 years; if

away a Minor_ past the years no injury result--otherwise

of infancy, under the care of imprisonment, not less than 8, nor

parents or guardians, &c. more than 12 years, and

condemnation to the public works.

33. _Forcibly, and by Imprisonment not less than 5

address, getting possession of years, and not more than 8; and

any woman_ contrary to her condemnation to the public

will, obtaining her consent to works.

marriage, or shameful

debauchery, and carrying her

from her abode; whether

the design is accomplished or

not.

34. _Forcibly carrying away Imprisonment not less than 1

a woman known to be bound by month, nor more than 5 years,

lawful marriage_, or under and condemnation to the public

protection of parents, and works.

without her consent.

35. Accomplices aiding and The same.

assisting.

36. _Unlawful Imprisonment_, Imprisonment not less than 1

or keeping a person in month, nor more than 5 years;

confinement against his will augmented in cases of damages.

and of his own private

authority.

* * * * *

_Criminal Offences against Possessions and Rights._

37. _Fraud._--Obtaining the Various, according to the degree

property of another by of malignity--in general by

stratagem, with an evil design imprisonment not less than 8,

on his possessions, honour, nor more than 12 years; and in

or liberty; forging title smaller offences, not less than 5

deeds or contracts, or nor more than 8; and condemnation

_altering_ the same. to the public works.

_Perjury_ in a Court of The same.

Justice, assuming a false name,

&c. &c. bearing false witness.

38. _Theft_, or taking a Imprisonment not less than 1

moveable from the possession of month, nor more than 5 years, if

another by fraud, and without unaccompanied by aggravating

his consent. (See post. No. circumstances: but in aggravated

47.) cases, imprisonment not less than

5 nor more than 8; or not less

than 8, nor more than 12 years.

39. _Accomplices in Imprisonment not less than 1

Theft_.--abettors and month nor more than 5 years, and

receivers, &c. condemnation to the public works.

40. _Robbery_--committed Imprisonment not less than 15

alone or in company, by using years, nor more than 30; if wounds

violence, or forcing a person ensue, in consequence of the

to discover effects, on which violence used. And if acts of

the offender has felonious cruelty or wounds, occasioning

views. death, then the punishment of the

chain additional.

41. _Incendiary_--where one Imprisonment not less than 8

undertakes an action from which nor more than 12 years; and

fire may ensue, or with intention condemnation to the public works:

to prejudice, or cause damage, when the flames have been stifled.

with a view to profit by the Setting fire to a Camp, Magazine,

disorder that takes place, he Barn, Timber-yard, &c.

shall be considered as an from 15 to 30 years; according

_incendiary_, whether to the circumstances of the case.

damage ensues or not.

42. _Bigamy_--where one Imprisonment not less than 5

bound by the tie of lawful nor more than 8 years, or

matrimony, concludes a second condemnation to the public works;

marriage with another person, if the person with whom the

single or married. offender contracts the second

marriage was acquainted with the

first.--If concealed, then

imprisonment not exceeding 12 nor

less than 8 years.

* * * * *

_Civil Offences that endanger the Life or Health of the Citizen._

43. _Misadventure_--where Imprisonment from 1 month

without any ill intention, by to a year, or condemnation to the

means of poisonous merchandize, public works, if the offender has

or apothecaries selling caused any immediate damage;

adulterated drugs, any person but if the cause of damage be

suffers danger or injury. remote, imprisonment from a day to

1 month.

44. Damage to man or child, Imprisonment from 1 day to

occasioned by riding or driving a month; to be augmented, in

carriages with too much speed; case death or wound should have

or injury received by persons resulted from the accident.

incapable of guarding against

danger, occasioning a wound or

death, which might have been

prevented by due vigilance.

45. Breaking Quarantine, &c. By a Military Court of

and fabricating false bills of Justice.

health.

46. Actions prejudicial to Condemnation to the public

health, or nuisance, where the works, with or without fetters;

necessary precautions prescribed either from 1 day to a month, or

by the laws of health are from 1 month to a year.

neglected in cases of dead

animals, distempers among

cattle, &c. &c.

* * * * *

_Civil Offences that affect the Fortunes and Rights of Citizens._

47. Stealing to the value of Confinement, corporal correction,

25 crowns of any moveable, and the augmentation of

when not accompanied with the punishment if requisite.

aggravating circumstances:

_Stealing Wood in a

Forest--Poaching by an

unqualified person--Stealing

Fruit from Trees--or earth

from open Fields_--though

beyond the value of 25 crowns.

(See ante, No. 38, 39.)

48. Using Frauds in playing The pillory and condemnation

at Games allowed by Law. to the public works, in atrocious

cases; also imprisonment, from

1 day to a month, and

restitution.--In case of

foreigners, the pillory and

banishment.

49. _Accomplices_ Imprisonment from 1 day to a

co-operating in such Frauds. month.

50. _Playing at prohibited A fine of 300 ducats, or

Games._ imprisonment.

51. _Persons selling Imprisonment from 1 day to a

Merchandize_ at higher prices month, which may be augmented.

than fixed by the Police, or by

false weight or measure.

52. _Adultery._ Corporal correction, or

imprisonment from 1 day to a

month.

53. _Contracting illegal Imprisonment from 1 day to a

Marriages._ (See ante, No. month, and condemnation to the

42.) public works.

54. _Servants_ receiving Corporal correction or

earnest, and engaging to serve imprisonment from 1 day to a

more masters than one, or month.

otherwise misbehaving.

55. _Masters_ giving Imprisonment from 1 day to a

servants a false character. month.

56. _Libels_ on another by Condemnation to the public

writings or disgraceful prints works; reserving the right to

or drawings, causing injury to recompence to the party wronged.

another. (See ante, No. 28.)

57. Distributing or publishing Condemnation to the public

Libels. works; reserving the right of

recompence to the party wronged.

58. _Actions_ by which Corporal correction.

danger by fire may be

occasioned; such as smoking

tobacco in a stable,

timber-yard, &c.

59. Acts of hasty petulance, Imprisonment various, or

leading to quarrels, assaults, condemnation to the public works.

and damages.

* * * * *

_Civil Offences that tend to the Corruption of Morals._

60. Wickedly insulting the Detention in the hospital destined

Supreme Being by words, deeds, for madmen; where the offender

or actions, in a public place, is to be treated like a man

or in the presence of another out of his senses, until his

person. amendment be perfect and assured.

61. Disturbing the exercise Imprisonment from 1 day to a

of Public Worship, &c. month; to be augmented by

fasting and corporal correction.

62. Writing or Preaching Pillory and Imprisonment,

against the Christian Religion, from 1 day to a month, or to a

and Catholick Faith, &c. &c. year.

Heresies, &c.

63. Committing indecencies Imprisonment from 1 day to a

in any public street or place. month, augmented by fasting.

64. Attempting to seduce or Imprisonment from 1 day to a

insult women of reputation, by month.

shameful debauchery, and using

gestures, or discourses,

tending to that purpose.

65. Carnal Commerce by Corporal Correction, and

Man with Beast, or with a condemnation to the public works;

person of the same and banishment from the place

sex,--_Sodomy_. where the offence has been

publicly scandalous.

66. Consenting to shameful Condemnation to the public

debauchery in his house; works, from 1 month to 1 year;

Keeping a _Bawdy House_. to be augmented when an innocent

person has been seduced;

second offence, the pillory.

67. Any person, man or woman, Imprisonment from 1 month

making a business of to a year; second offence,

prostitution, and deriving punishment double, and augmented

profit from thence. by fasting and corporal

correction.

68. Dealing in Books, Pictures, Imprisonment from 1 day to 1

or Prints which represent month.

indecent actions.

69. Disguising in masks, and The same.

obtaining admission into

societies, and secret

fraternities not notified to

the Magistrate.

70. Harbouring in dwellings The same.

persons not known to have an

honest mean of living.

71. Banished persons, from Corporal correction, to be

the whole of the Austrian doubled at each successive return;

Dominions--returning, &c. and the offender to be banished

from the Hereditary Dominions.

[Footnote 15: In cases where a criminal appears to be remarkably

depraved, and that the apprehensions he may excite require such

precautions, he shall be branded on each cheek with the mark of a

gallows, so visibly and strongly impressed as not to be effaced either

by time or any other means whatever.]

[Footnote 16: This punishment is different from the pillory in

England. In the German Language it signifies an exposure on the public

theatre of shame. The Criminal is chained and guarded on an elevated

scaffold, and exposed an hour at a time, with a paper on his breast

denoting his offence.]

[Footnote 17: When a criminal is condemned to severe imprisonment, he

has no bed but the floor, no nourishment but bread and water, and all

communication with relations, or even strangers, is refused him. When

condemned to milder imprisonment, better nourishment is allowed; but

he has nothing to drink but water.]

[Footnote 18: Corporal punishment is inflicted with a whip, rod, or

stick, publicly, on the criminal; the degree of punishment (within 100

lashes or strokes at one time) depends on the sound prudence of the

Judge.]

[Footnote 19: The punishment of the Chain is inflicted in the

following manner. The criminal suffers severe imprisonment, and is so

closely chained, that he has no more liberty than serves for the

indispensable motion of his body.--Chained criminals suffer a corporal

punishment once a year, as an example to the Public.]

In contemplating the various component parts of this Code, it is easy

to discover that although some features of it may be worthy of

imitation, upon the whole it is not suited either to the English

constitution or the genius of our people. It is, however, a curious

and interesting document, from which considerable information may be

drawn; if ever that period shall arrive when a revision of our own

criminal Code (in many respects more excellent than this) shall become

an object of consideration with the Legislature.--At all events it

strongly evinces the necessity of adapting the laws to the

circumstances and situation of the Government; and of the people whose

vices are to be restrained.

The total abolition of the Punishment of death (excepting in military

offences cognizable by Courts Martial) is a very prominent feature in

this Code; which appears to have been founded in a great measure on

the principles laid down by the Marquis Beccaria, in his Essay on

Crimes and Punishments: That able writer establishes it as a maxim,

which indeed will scarcely be controverted--"That the severity of

Punishment should just be sufficient to excite compassion in the

spectators, as it is intended more for them than the criminal.--A

punishment, to be just, should have only that degree of severity which

is sufficient to deter others, and no more"--This authour further

asserts, "That perpetual labour has in it all that is necessary to

deter the most hardened and determined, as much as the punishment of

death, _where every example supposes a new crime_:--perpetual labour

on the other hand, affords a frequent and lasting example."[20]

[Footnote 20: The punishment of death is not authorized by any

right.--If it were so, how could it be reconciled to the maxim, that a

man has no right to kill himself?

The punishment of death is a war of a whole nation against a citizen,

whose destruction is considered as necessary or useful to the public

good.--If I can demonstrate that it is neither necessary nor useful, I

shall have gained the cause of humanity.--If the experience of all

ages be not sufficient to prove that the punishment of death has never

prevented determined men from injuring society--if the example of the

Romans--if twenty years' reign of Elizabeth, Empress of Russia, be not

sufficient, let us consult human nature in proof of my assertion.

The death of a criminal is a terrible, but momentary spectacle; and

therefore a less efficacious method of deterring others, than the

continued example of a man deprived of his liberty, and condemned to

repair by his labour, the injury done to Society. A condition so

miserable is a much more powerful preventive than the fear of death,

which men always behold in distant obscurity.

BECCARIA, cap. 28.]

Doubtless, the fundamental principle of good legislation is, rather to

prevent crimes than to punish.--If a mathematical expression may be

made use of, relative to the good and evil of human life, it is the

art of conducting men to the _maximum_ of happiness and the _minimum_

of misery.

But in spite of all the efforts of human wisdom, aided by the lights

of Philosophy, and freed from the mist of prejudice or the bigotry of

darker ages;--In spite of the best laws, and the most correct system

of Police which the most enlightened Legislature can form: it will

not be altogether possible, amid the various opposite attractions of

pleasure and pain, to reduce the tumultuous activity of mankind to

absolute regularity:--We can only hope for a considerable reduction of

the evils that exist.--_Let the Laws be clear and simple;--let the

entire force of the Nation be united in their defence; let the Laws be

feared, and the Laws only._

CHAP. III.

_The causes and progress of small Thefts in London explained

and traced to the numerous Receivers of stolen Goods, under

the denominations of Dealers in Rags, Old Iron, and other

Metals.--The great increase of these Dealers of late

years.--Their evil tendency, and the absolute necessity of

Regulations, to prevent the extensive Mischiefs arising from

the Encouragements they hold out, to persons of every age

and description, to become Thieves, by the purchase of

whatever is offered for sale.--A Remedy suggested.--Petty

Thefts in the country round the Metropolis--Workhouses the

causes of idleness--Commons--Cottagers--Gypsies--Labourers

and Servants; their general bad character and propensity to

thieving small articles from their Masters, encouraged by

Receivers.--Thefts in Fields and Gardens--Their extent and

amount throughout England--Frauds in the sale and

adulteration of Milk in the Metropolis._

In a preceding Chapter the small thefts committed by persons not known

to belong to the fraternity of Thieves, are estimated to amount to the

enormous sum of L.700,000 a year.

This discovery (except what relates to embezzled silk, cotton, and

worsted) was originally made through the medium of a considerable

Dealer in Rags and Old Iron, and other Metals, who communicated to the

Author much interesting information, respecting Receivers of stolen

Goods, confirmed afterwards through other channels, the substance of

which has been already alluded to; and of which the following are more

ample details:

That there exists in this Metropolis, (and also in all the

towns where his Majesty's Dock-Yards are established) a

class of Dealers, of late years become extremely numerous,

who keep open shops for the purchase of _Rags, Old Iron, and

other Metals_.

"That these Dealers are universally, almost without a single

exception, the Receivers of stolen Goods of every

denomination; from a nail, a skewer, a key, or a glass

bottle, up to the most valuable article of portable

household goods, merchandize, plate, or jewels, &c. &c.

"That they are divided into two classes:--_Wholesale_ and

_Retail Dealers_. That the Retail Dealers are generally

(with some exceptions) the immediate purchasers in the first

instance, from the pilferers or their agents; and as soon as

they collect a sufficient quantity of iron, copper, brass,

lead, tin, pewter, or other metals, worthy the notice of a

large Dealer, they dispose of the same for ready money; by

which they are enabled to continue the trade.

"That the increase of these old iron, rag, and store shops

has been astonishing within the last twenty years.

"That, as the least trifle is received, the vigilance of the

parties, from whom the articles are stolen, is generally

eluded; by the prevailing practice of taking only a small

quantity of any article at a time.

"That the articles thus received are generally purchased at

about one-third of the real value, and seldom at more than

half;--glass bottles in particular, are bought at one penny

each, and no question asked:--they are afterwards sold to

dealers in this particular branch, who assort and wash them,

and again re-sell them to inferior wine-dealers at nearly

the full value:--this has become, of late, an extensive line

of trade.

A Treatise on the Police of the Metropolis Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention · 第 5 / 44 段