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.