[Footnote 120: Beadles are, in many instances, employed at present as

local superintendants of the watch, within their respective Parishes.]

It is in vain to expect that the Public can be well served, unless the

emolument becomes an object to good and able men; but these

extraordinary rewards (as has already been observed) should always

depend upon the vigilance and exertion of the parties themselves, in

detecting offenders of every description: and should be paid, on its

appearing to the Magistrate, that no _impropriety_ or _indiscretion_

has marked their conduct. If, on the contrary, they should be proved

to have acted oppressively or improperly, a power of immediate

dismission and punishment should, in all instances, be lodged in

Justices of the Peace, to be exercised according to the nature of the

offence.

Having thus stated the civil force of the Metropolis, in

peace-officers, watchmen and patroles, making an aggregate of 3084

men--it may be necessary and useful to give such information relative

to the Magistracy, as may tend to shew the present state of the

Police, and to illustrate what remains to be further suggested on the

subject of its improvement; for the preservation of the Public peace,

and the _detection_ and _apprehension_ of every class of offenders.

* * * * *

There exist at present no less than _five_ separate jurisdictions

within the limits of the Metropolis--namely,--

_Magistrates._

1. The City of London, where there are, including

the Lord Mayor, 26 Aldermen, who have an exclusive

jurisdiction within the ancient limits 26

2. The City and Liberty of Westminster--where there

are upwards of 100 Justices of the Peace, who have

jurisdiction only in that particular District; but

where the Magistrates of the County of Middlesex have

an equal jurisdiction.--The number resident, of those

who are not Magistrates of Middlesex, is supposed to

be about 50

3. That part of the Metropolis, which is situated in the

county of Middlesex, where there are about 800 Justices,

including the Princes of the Royal Family--many

of the Nobility--Great Officers of State--Members

of Parliament--and other Gentlemen of respectability;--of

those in the commission about 200 have qualified;

and of these who have taken out their _Dedimus

Potestatum_, only about 150 reside in or near the

Metropolis 150

4. That district of the Metropolis lying near, or

particularly belonging anciently to the Tower of London,

comprehending about 750 houses--where the Magistrates

(52 in number) have an exclusive jurisdiction,

and hold separate Sessions of the Peace.--The number

who are not Magistrates in Middlesex, is 31

5. The Borough of Southwark, and that part of the Metropolis

adjoining thereto, within the Bills of Mortality--where

the City Magistrates have jurisdiction, besides

the whole of the Magistrates of the County of

Surry--namely--132, but of whom not more than 28 reside

in Southwark, and 15 in London, &c. (in all) 43

---

Total about 300

---

But, notwithstanding the great number of respectable names, which are

in the different commissions in and near the Metropolis; and although

all who have qualified have equal jurisdiction with the Police

Justices, within their respective districts; yet the efficient

duty for the whole of the Metropolis, so far as it relates to the

detection of offenders, is principally limited to two classes of

Magistrates--namely,--

1. The 26 Aldermen of London, whose jurisdiction is

confined to the ancient limits of the City, comprehending

25 Wards, in which are 21,642 houses on the London

side, and Bridge Ward without, in the Borough 26

2. The established Magistrates, three of whom preside

at each of the seven Public Offices, appointed by the Act

of the 32d of his present Majesty, cap. 53. viz.--

1. Public Office, Queen's-Square, Westminster 3

2. Public Office, Marlborough-Street 3

3. Public Office, Hatton-Garden 3

4. Public Office, Worship-Street, Shoreditch 3

5. Public Office, Whitechapel 3

6. Public Office, Shadwell 3

7. Public Office, Union-Street, Southwark 3

--

21

8. Existing (previous to the Act) at the Public

Office, Bow-Street 3

--

24

9. The Thames Police Institution at Wapping, for

the River only 2

-- 26

Total efficient Magistrates who sit in rotation, --

daily, in the Metropolis 52

The jurisdiction of the Magistrates presiding at the seven Public

Offices, not only extends to Westminster and Middlesex; (and, in most

instances, lately, to the liberty of the Tower:) but also to the

counties of Surry, Kent, and Essex, from which considerable advantages

in the prompt detection and apprehension of offenders have accrued to

the Public: The only difficulty that now remains to be removed, with

respect to the clashing of jurisdictions, is that which regards the

city of London; where, from its contiguity, and immediate and close

connection with every other part of the Metropolis, considerable

inconveniences and injuries to the public are felt, not only from the

circumstance of the jurisdiction of the City Magistrates not being

extended over the _whole_ of the Metropolis, as well as the four

adjoining counties; but also from the Police Magistrates having no

authority quickly to follow up informations, by issuing warrants to

search for property, and to apprehend persons charged with offences in

the City. The whole difficulty resolves itself into a mere matter of

_punctilio_, founded perhaps on ill-grounded jealousy, or

misapprehension, which a little explanation would probably remove.

Where the object is to do good;--and where not even the shadow of harm

can arise, no limits should be set to local jurisdictions; especially

where privileges are proposed to be given; (as in this case, to the

city of London;)--and where none are to be taken away.

For the purpose of establishing a complete and well-connected System

of _detection_, some means ought certainly to be adopted, more closely

to unite the City and Police Magistrates,[121] that they may, in a

greater degree, go hand in hand in all matters regarding the general

interest of the Metropolis and its environs; making the suppression of

crimes one common cause, and permitting no punctilio, regarding

jurisdiction, to prevent the operation of their united energy in the

prompt detection of offenders; This, from the extended state of

Commerce and Society, and the great increase of property, is now

rendered a measure in which the inhabitants of the whole Metropolis,

as well as the adjacent villages, have a common interest. It is an

evil, which affects all ranks, and calls aloud for the speedy adoption

of some effectual remedy.

[Footnote 121: The Select Committee of the House of Commons, in their

28th Report, 1798, on Finance, have strongly recommended a Concurrent

Jurisdiction; and also, that two Police Offices should be established

in London, upon the plan of the others, with Magistrates to be

appointed by the Lord Mayor and Aldermen.]

CHAP. XV.

_The prevailing practice explained, when offenders are

brought before Magistrates.--The necessary caution, as well

as the duty of Magistrates in such cases

explained.--Professed thieves seldom intimidated when put

upon their trial, from the many chances they have of

escaping.--These chances shortly detailed.--Reflections on

the false humanity exercised by prosecutors towards

prisoners.--Their rudeness and cruelty, when engaged in acts

of criminality.--The delays and expences of prosecutions, a

great discouragement, inducing sufferers to put up with

their loss, in silence.--How the inconvenience may be

remedied.--An account of the different Courts of Justice,

appointed for the trial of offences committed in the

Metropolis.--Five inferior and two superior Courts.--A

statement, shewing the number of prisoners convicted and

discharged during the last year.--Reflections on this sad

catalogue of depravity.--A radical defect somewhere.--The

great purity of the Judges of England.--The propriety of a

co-operation with them, in whatever shall tend to promote

the ends of Public Justice.--This object to be attained, in

the greatest possible degree, by means of an authorised

Public Prosecutor.--The advantages of such an institution,

in remedying many abuses which prevail in the trial of

offenders.--From 2500 to 3000 persons committed for

trial, by Magistrates, in the Metropolis, in the course of a

Year.--The chief part afterwards returned upon Society._

Arriving at that _point_ in the progress of this Work, where persons

accused of offences are detected and brought before Magistrates for

examination, ultimately to be committed for trial, if the evidence

shall be sufficient:--It is proper to explain the prevailing practice

under such circumstances.

The task, in this case imposed upon the Magistrate, is arduous and

important; requiring not only great purity of conduct, a profound

knowledge of mankind, and of the common affairs of life; but in a more

peculiar manner those powers of discrimination which may enable him to

discover how far criminality attaches to the party accused; and

whether there are grounds sufficient to abridge for a time, or

ultimately to deprive the prisoner of his liberty, until a Jury of his

country shall decide upon his fate.

It frequently happens that persons accused of crimes are apprehended

under circumstances where no doubt can rest on the mind of the

Magistrates as to the guilt of the prisoner; but where the legal

evidence is nevertheless insufficient to authorize an immediate

commitment for trial.

In these instances, (while he commits _pro tempore_,) he is called

upon in a particular manner to exert the whole powers of his mind, by

adopting such judicious measures as shall be the means of detecting

the offenders; by discovering the goods or property stolen, or by

admitting such evidence for the Crown as may, with other corroborating

testimony, prevent the ends of justice from being defeated.

Where a Magistrate proceeds with indefatigable zeal and attention, and

at the same time exercises good judgment, he will seldom fail of

success; for in this case a similar spirit will animate the officers

under his controul, whose activity and industry are generally in

proportion to that manifested by their superiors.

Much as every active Magistrate must regret that deficiency of

pecuniary resource, which, under the present system, prevents him from

rewarding those who must occasionally be employed to detect notorious

offenders, this circumstance ought not to abate this zeal in any

respect; since by perseverance it generally happens, that every good

and proper arrangement for the immediate advantage of the Public, may

be ultimately obtained.

The Magistrate having done his duty by committing an offender for

trial, satisfied of his guilt and the sufficiency of the evidence to

convict him: and having also bound over the prosecutor and the

witnesses as the Law directs, to attend the Grand Jury, and (if a bill

be found) to prosecute and give evidence upon the indictment; it might

appear to the common observer, that the culprit's case becomes

hopeless and forlorn.

This, however, is by no means a stage in the progress that intimidates

a professed thief; he feels and knows that, although guilty of the

crime laid to his charge, he has many chances of escaping; and these

chances unquestionably operate as encouragements to the commission of

crimes.

His first hope is, that he shall intimidate the Prosecutor and

Witnesses, by the threatenings of the gang with whom he is

connected;--his next that he may compound the matter; or bribe or

frighten material witnesses, so as to keep back evidence; or induce

them to speak doubtfully at the trial, though positive evidence was

given before the Magistrate; or if all should fail, recourse is had to

perjury, by bringing the Receiver, or some other associate, to swear

an _alibi_.

Various other considerations also operate in strengthening the hopes

of acquittal; partly arising from the vast numbers who are discharged

or acquitted at every Session of gaol-delivery; and partly from the

carelessness and inattention of Prosecutors, who are either unable or

unwilling to sustain the expence of Counsel to oppose the arguments

and objections which will be offered in behalf of the prisoner: or are

soured by loss of valuable time, experienced, perhaps in former

prosecutions;[122]--or ultimately from a dread entertained by timid

persons, who foolishly and weakly consider themselves as taking away

the life of a fellow-creature, merely because they prosecute or give

evidence; not reflecting that it is the _Law_ only that can punish

offenders, and _not_ the individual prosecutor or witnesses.

[Footnote 122: It is true, that by the Acts of 25th Geo. II. cap. 36,

and 18th Geo. III. cap. 13, the expences of the prosecutors and

witnesses are to be paid; and also (if the parties shall appear to be

in poor circumstances) a reasonable allowance made for trouble and

loss of time; but this is connected with the regulations of the

Justices, confirmed by one of the Judges of Assize, which vary

according to local circumstances, and it is also necessary to plead

poverty in order to be remunerated for loss of time: _but as the poor

seldom suffer by thieves_, these Acts appear to have had little effect

in encouraging prosecutors to come forward; and it is believed few

applications are made excepting in cases of real poverty.--In the

County of Middlesex there is an exception; where witnesses are

directed to be paid by the Overseers of the Poor of the Parish, where

the person was apprehended; but this mode of payment is seldom if ever

adopted.--The fund, however, which the Legislature has thus provided,

if oeconomically and judiciously applied by a Public Prosecutor,

would remove many difficulties, without any material addition to the

county rates.]

False Humanity, exercised in this manner, is always cruelty to the

public, and not seldom to the prisoners themselves.--All depredations

upon property are _public wrongs_, in the suppression and punishment

of which it is the duty of every good man to lend his assistance; a

duty more particularly incumbent upon those who are the immediate

sufferers: through their means only can Public Justice operate in

punishing those miscreants, by whom the innocent are _put in fear,

alarmed and threatened with horrid imprecations--with loss of life by

means of loaded pistols_; or bodily injury, from being hacked with

cutlasses, or beaten with bludgeons--under circumstances where neither

age nor sex is spared.--

Yet experience has shewn that these arguments, powerful as they are,

are insufficient to awaken in the mind of men that species of Public

spirit which shall induce sufferers in general, by robberies of

different kinds, to become willing prosecutors, under the various

trying delays of Courts of Justice; and frequently with the trouble of

bringing a number of witnesses from the country, who are kept in

attendance on the court perhaps several days together, at a very

considerable expence.

Such a burden imposed upon the subject, in addition to the losses

already sustained, in a case too where the offence is of a public

nature, is certainly not easily reconcileable with that spirit of

justice, and attention to the rights of individuals, which forms so

strong a general feature in the Jurisprudence of the Country.

From all these circumstances it happens that innumerable felonies are

concealed, and the loss is suffered in silence as the least of two

evils; by which means thieves are allowed to reign with impunity,

undisturbed, and encouraged to persevere in their evil practices.

Nothing, it is to be feared, can cure this evil, and establish a

general system of protection, but a vigorous Police; strengthened and

improved by the appointment of Deputy-Prosecutors for the Crown,

acting under the Attorney-General for the time being. An establishment

of this sort, even at a very small salary, would be considered as an

honourable _entre_ to many young Counsel; who, in protecting the

Public against the frauds, tricks, and devices of old and professed

thieves, by which at present they escape punishment, might keep the

stream of justice pure, and yet allow no advantage to be taken of the

prisoner.[123]

[Footnote 123: The propriety of this suggestion is sanctioned by the

recommendation of the Finance Committee of the House of Commons in

their 27th and 28th Report; and forms part of that System of general

controul and arrangement for the prevention of crimes, stated more at

large in a subsequent Chapter.]

As it must be admitted on all hands, that it is the interest of the

Public that no guilty offender should escape punishment;--it seems to

be a position equally clear and incontrovertible, that wherever, from

a defect in the system of prosecutions, or any other cause, a prisoner

escapes the punishment due to his crimes, substantial justice is

wounded, and public wrongs are increased.

It has been already stated in the preceding Chapter, that there are

five separate Jurisdictions in the Metropolis, where Magistrates

exercise limited authority.--Of course, there are five inferior Courts

of Justice, where lesser offences, committed in London and its

vicinity, are tried by Justices of the Peace.

1. The general and Quarter Sessions of the Peace; held eight

times a year, by the Lord Mayor and Aldermen, at

Guildhall--_for the trial of small Offences committed in

London_.

2. The Quarter Sessions of the Peace; held four times a year

at Guildhall, Westminster, by the Justices acting for that

City and Liberty--_for the trial of small Offences committed

in Westminster only_.

3. The General and Quarter Sessions of the Peace; held eight

times a year, at the New Sessions House on

Clerkenwell-Green, (commonly called Hicks's Hall) by the

Justices only of the County of Middlesex--_for the trial of

small Offences committed in Middlesex and Westminster_.

4. The General Quarter Sessions of the Peace; held in the

Sessions-House in Well-Close-Square, by the Justices for the

Liberty of the Tower of London--_for the trial of small

Offences committed within the Royalty_.

5. The Quarter Sessions of the Peace; held by the Justices

for the County of Surry, at the New Sessions House at

Newington, Surry, in January;--At Reigate, in April;--At

Guildhall, in July;--and Kingston-upon-Thames, in October,

each year;--_where small Offences committed in Southwark and

the Neighbourhood are tried_.

These five inferior Courts of Justice take cognizance of _Petty

Larcenies, Frauds, Assaults, Misdemeanors, and other offences

punishable by fine, imprisonment, whipping, and the pillory_:--and in

certain cases, the power of the Justices extends to transportation.

The higher and more atrocious offences committed in London and

Middlesex, are tried at the Justice-Hall, in the Old Bailey; by a

special commission of Oyer and Terminer to the Lord Mayor, and a

certain number of the Judges, with the Recorder and Common Serjeant of

the City of London.

Offences of this latter degree of atrocity, perpetrated in that part

of the Metropolis which is situated in the Borough of Southwark and

County of Surry, are tried at the assizes, held twice a year at

_Kingston-upon-Thames_, _Croydon_, or _Guildford_.[124]

[Footnote 124: Considerable inconvenience arises (and, indeed, great

hardship, where prisoners are innocent) from the length of time which

must elapse, where offences have been committed in Southwark, before

they can be brought to trial; either for inferior or more atrocious

crimes. In the former case, prisoners must remain till the Quarter

Sessions, (there being no intermediate General Sessions of the Peace)

and in the latter case till the Assizes, held only twice a year; this

occasions a confinement, previous to trial, lengthened out, in some

instances, to three, four, five, and even nearly to six months.]

Thus it appears, that five inferior and two superior Tribunals of

Justice are established for trying the different crimes committed in

the Metropolis.

As it may be useful, for the purpose of elucidating the suggestions

already offered upon this branch of the subject, that a connected view

of the result of these _Trials_ should make a part of this Work;--the

following Abstract, (including the discharges of Prisoners by

Magistrates) has been made up for this immediate purpose: from

authentic documents obtained from the keepers of the eight different

prisons and houses of correction in the city of London, and in the

counties of Middlesex and Surry.

It applies to the period, from September, 1794, till September, 1795,

which is chosen as a sort of medium between Peace and War.

It is impossible to contemplate this collected aggregate of the

prisoners annually discharged upon the Public, without feeling a

strong anxiety to remedy an evil rendered extremely alarming, from the

number which composes the dismal catalogue of Human Depravity.

Every inquiry in the progress of this Work proves a radical defect

somewhere.

While the public tribunals are filled with Judges, the purity of whose

conduct adds lustre to their own and the national character, why

should not every subordinate part of the Criminal Jurisprudence of the

Country be so organized, as to co-operate, in the greatest possible

degree, with the efforts of those higher orders of the Magistracy in

accomplishing the purposes of substantial justice?

Nothing could tend more to promote this object, than the appointment

already proposed of a Public Prosecutor for the Crown.

An institution of this kind would terrify the hordes of miscreants now

at open war with the peaceable and useful part of the Community, in a

greater degree than any one measure that could possibly be adopted.

It would be the means of destroying those hopes and chances which

encourage criminal people to persevere in their depredations upon the

Public.

A Summary View of the Prisoners _committed_, _tried_, _punished_,

_disposed of_, and _discharged_ in the Metropolis, in _One Year_,

ending in October, 1795.

_Number of prisoners, punished and disposed of._

+-----------+---------------------------------------------------

|Names of |Died

|Prisons | |Capitally convicted[A]

| | | |Sentenced to Transportation[B]

| | | | |Imprisoned in Newgate

| | | | | |Imprisoned in Bridewell Hospital

| | | | | | |Imprisoned in the House of

| | | | | | |Correction of Middlesex

| | | | | | | |Imprisoned in Tothil-Fields

| | | | | | | |Bridewell

| | | | | | | | |Imprisoned in Surry Goals

| | | | | | | | | |Sent to the Philanthropic

| | | | | | | | | |and Marine Societies

| | | | | | | | | | |Sent to serve his

| | | | | | | | | | |Majesty in the Navy

| | | | | | | | | | |and Army

| | | | | | | | | | | |Passed to

| | | | | | | | | | | |Parishes

| | | | | | | | | | | | |Sent to

| | | | | | | | | | | | |Hospitals

| | | | | | | | | | | | | |Total

+-----------+--+--+---+--+---+--+--+--+--+---+----+---+---------

+-- | | | | | | | | | | | | |

|Newgate | 7|51|153|85| |54| |20| | 39| | | 409

| | | | | | | | | | | | | |

L|Poultry | | | | | | | | | | | | |

O|Compter | | | | |334| | | |10| 44| 72| | 460

N| | | | | | | | | | | | | |

D|Giltspur | | | | | | | | | | | | |

O|Compter | | | | |249| | | | | 75| 125| 44| 493

N| | | | | | | | | | | | | |

|Bridewell | | | | | | | | | | | | |

|Hospital | 4| | | | | | | | | | 835| 44| 883

+-- | | | | | | | | | | | | |

+-- | | | | | | | | | | | | |

| | | | | | | | | | | | | |

|New Prison | | | | | | | | | | | | |

M|Clerkenwell| 5| | 3| | | | | | | 58| | | 66

I| | | | | | | | | | | | | |

D|House of | | | | | | | | | | | | |

D|Correction | | | | | | | | | | | | |

L|in Cold | | | | | | | | | | | | |

E|Bath | | | | | | | | | | | | |

S|Fields | 4| | | | | | | | | | 128| | 132

E| | | | | | | | | | | | | |

X|Tothil- | | | | | | | | | | | | |

|Fields | | | | | | | | | | | | |

|Bridewell | 2| | 7| | | |37| | | | 122| 26| 194

| | | | | | | | | | | | | |

+-- | | | | | | | | | | | | |

+-- | | | | | | | | | | | | |

S| | | | | | | | | | | | | |

U| | | | | | | | | | | | | |

R|New Goal, | | | | | | | | | | | | |

R|Southwark | |10| 11| | | | |16| | | | 1| 38

Y| | | | | | | | | | | | | |

+-- | | | | | | | | | | | | |

| +--+--+---+--+---+--+--+--+--+---+----+---+---------

| |22|61|174|85|583|54|37|36|10|216|1282|115|2675

| +--+--+---+--+---+--+--+--+--+---+----+---+---------

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 27 / 44 段