[Footnote A: 16 executed]

[Footnote B: 106 transported]

_Number of Prisoners discharged by the Magistrates, and from the Eight

Gaols, in One Year._

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

|Names of |Discharged by Magistrates for want of Proof

|Prisons | |Discharged by Proclamation and Gaol Delivery

| | | |Discharged by Acquitals [Transcriber's Note: Acquittals]

| | | | |Discharged after being whipt

| | | | | |Discharged after being fined

| | | | | | |Discharged after suffering

| | | | | | |imprisonment

| | | | | | | |Apprentices discharged

| | | | | | | | |Offenders bailed out

| | | | | | | | |of Prison

| | | | | | | | | |Discharged

| | | | | | | | | |by Pardon

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

| | | | | | | | | | |discharged

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

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

|Newgate | |134|272|12|11| 20| | |129| 578

| | | | | | | | | | |

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

O|Compter | 199| | | | | | | 27| | 226

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

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

O|Compter | 287| 10| 10| |45| 11| |114| | 477

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

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

|Hospital | | | | | |249| 38| | | 287

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

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

| | | | | | | | | | |

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

M|Clerkenwell| 237|170| 35| 9| | | 9| |127| 587

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

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

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

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

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

S|Fields | 568|231| 60| | |353|111| | |1323

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

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

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

|Bridewell | 253|274| 6| 1| | 27| |154| | 715

| | | | | | | | | | |

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

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

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

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

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

R|Southwark | 130| 74| 35| 2| | 28| | | | 269

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

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

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

| |1674|893|418|24|56|697|149|422|129|4462

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

N.B. Although the Author has been at infinite pains to

render this Summary as exact as possible, yet from the

different modes adopted in keeping the accounts of Prisons,

he is not thoroughly satisfied in his own mind that the View

he has here given is accurate, to a point.--He is, however,

convinced that it will be found sufficiently so for the

purpose.

[To face page 430.]

It would not only remove that aversion which Prosecutors manifest on

many occasions, to come forward, for the purpose of promoting the ends

of public justice; but it would prevent, in a great measure, the

possibility of compounding felonies, or of suborning witnesses.[125]

[Footnote 125: Notwithstanding the severity of the Law, the

composition of felonies and misdemeanors is carried to a much greater

height than it is almost possible to believe; and various artifices

are resorted to, to elude the penalties.--An instance occurred in

August 1792; where a Jew was ordered to take his trial for a rape,

committed on a married woman.--The offence appeared, on examination,

to be extremely aggravated.--The Grand Jury however did not find a

bill; which was thought a very singular circumstance, as the proof had

been so clear before the Magistrate. The reasons were afterwards

sufficiently explained; which show, what corrupt practices, artifices,

and frauds will be used to defeat the ends of justice:--In consequence

of a previous undertaking between the Jew and the husband of the woman

who had been so grossly abused, a sum of L.20 was left in the hands of

a publican, which the prosecutor was to receive if the bill was not

found. In this confidence the woman gave a different evidence from

that which she had given before the Magistrate. The Jew, however,

cheated both the husband and the wife; for he no sooner discovered

that he was safe, than he demanded the money of the publican and

laughed at the prosecutor.]

It would also be the means of counteracting the various tricks and

devices of old thieves; and occasion an equal measure of Justice to be

dealt out to them, as to the novices in crimes:--It would do more,--It

would protect real innocence,--for in such cases the Public Prosecutor

would never fail to act as the friend of the prisoner.

The prevailing practice in criminal trials, in the true spirit of

mildness and humanity, induces the Judge to act in some degree as

counsel for the prisoner.--Without a Prosecutor for the Crown,

therefore, every trifling inaccuracy in the indictment is allowed to

become a fatal obstacle to conviction;[126] circumstances which would

frequently throw great light upon the charges, are not brought under

the review of the jury, and thus public justice is defeated.

[Footnote 126: In criminal cases, a defective indictment is not aided

by the verdict of a Jury, as defective pleadings are in civil cases.

Indeed wherever life is concerned, great strictness has been at all

times observed. That able and humane Judge, SIR MATTHEW HALE,

complained above a century ago,[C] "_That this strictness has grown to

be a blemish and inconvenience in the law and the administration

thereof; for that more offenders escape by the over-easy ear given to

exceptions in indictments, than by their own innocence: and many times

gross murders, burglaries, robberies, and other heinous and crying

offences remain unpunished, by those unseemly niceties; to the

reproach of the Law, to the shame of the Government, to the

encouragement of villainy, and to the dishonour of God_."[D]]

[Footnote C: He died 1676.]

[Footnote D: Hale, P.C. 193.]

Upon an average, the Magistrates of the Metropolis commit annually,

(out of many times that number who are equally objects of punishment,)

from about 2500 to 3000 persons, male and female, for trial, at the

seven different Courts of Justice in and near the Metropolis; charged

with a variety of felonies, misdemeanors, and other petty offences.

But after fully convincing their own minds, from a careful, and in

many instances, a most laborious investigation, that the parties are

guilty, they are obliged, from experience, to prepare themselves for

the mortification of seeing their labour and exertions in a great

measure lost to the Community: the major part of these criminals being

returned upon Society, without any effectual steps adopted for their

reformation, or any means used for the prevention of a repetition of

their crimes. A considerable proportion of this wretched number may

have suffered perhaps a slight punishment for their demerits; but

which produces no effect that is not ultimately mischievous to the

Community; since it serves merely to initiate them, in a greater

degree, in the knowledge and means of committing new acts of fraud and

villainy.

To establish a System calculated to prevent criminals from returning

to their evil practices after punishment is the very essence of good

Police; but notwithstanding its importance to the Community, no

measures have ever yet been adopted, calculated to attain so desirable

an object.--It is however ardently to be hoped, that the period is

fast approaching, when this great desideratum will be in a certain

degree obtained; and that the suggestions offered in the subsequent

Chapters, may tend to accelerate the renovation of this forlorn and

miserable class of outcasts, by means of an appropriate _Penitentiary

System_.

CHAP. XVI.

_On Punishments.--The mode authorized by the ancient

laws.--The period when Transportation commenced.--The

principal crimes enumerated which are punishable by

Death.--Those punishable by Transportation and

Imprisonment.--The courts appointed to try different degrees

of crimes.--Capital punishments, extending to so many

offences of an inferior nature, defeat the ends of

justice.--The system of Pardons examined:--their evil

tendency.--New regulations suggested with regard to Pardons

and Executions.--An historical account of the rise and

progress of Transportation.--The expedients resorted to,

after the American War put a stop to that mode of

punishment.--The System of the Hulks then adopted.--Salutary

Laws also made for the erection of Provincial and National

Penitentiary Houses.--The nature and principle of these Laws

briefly explained.--An account of the Convicts confined in

the Hulks for twenty-two years.--The enormous expence of

maintenance and inadequate produce of their labour.--The

impolicy of the system exposed by the Committee on

Finance.--The system of Transportation to New South Wales

examined.--Great expence of this mode of

punishment.--Improvements suggested, calculated to reduce

the expence in future.--Erection of one or more National

Penitentiary Houses recommended.--A general view of the

County Penitentiary Houses and Prisons:--their inefficacy

in reforming Convicts.--The labour obtained uncertain, while

the expence is enormous.--The National Penitentiary House

(according to the proposal of Jeremy Bentham, Esq.)

considered.--Its peculiar advantages over all others which

have been suggested, with respect to health, productive

labour, and reformation of Convicts.--General reflections on

the means of rendering imprisonment useful in reforming

Convicts.--Concluding observations._

Imperfect in many respects as the criminal Law appears, from what has

been detailed and stated in the preceding Chapters, and much as the

great increase of capital offences, created during the last and

present Century, is to be lamented:--it cannot be denied that several

changes have taken place in the progress of Society, favourable to the

cause of humanity, and more consonant to reason and justice, in the

appropriation and the mode of inflicting punishments.

The Benefit of Clergy, which for a long period exempted clerical

people only, from the punishment of death in cases of felony, was by

several statutes[127] extended to _peers_, _women_, and all persons

_able to read_; who, pleading their Clergy, suffered only a corporal

punishment, or a year's imprisonment; and those men who _could not

read_, if under the degree of peerage, were hanged.[128]

[Footnote 127: 1 Edward VI. cap. 12: 21 Jac. I. cap. 6: 3 and 4

William and Mary, cap. 9: 4 and 5 William and Mary, cap. 24.]

[Footnote 128: Blackstone.]

This unaccountable distinction was actually not removed until the 5th

of Queen Anne, cap. 6, which extended the benefit of clergy to all who

were intitled to ask it, _whether they could read or not_.[129]

[Footnote 129: The benefit of Clergy originated in injustice and

inhumanity, and can only be palliated by the rude state of society,

when so disgraceful a privilege was legalized and interwoven in the

criminal code.--It partakes of the nature of a compromise with

villainy.--It perplexes the system of criminal jurisprudence; and

since its sting is taken away it would be an improvement to

discontinue it totally.]

In the course of the present century, several of the old sanguinary

modes of punishment have been either, very properly, abolished by acts

of parliament, or allowed, to the honour of humanity, to fall into

disuse:--such as _burning alive (particularly women) cutting off hands

or ears, slitting nostrils, or branding in the hand or face_; and

among lesser punishments, fallen into disuse, may be mentioned _the

ducking-stool_.

The punishment of death for felony (as has already been observed) has

existed since the reign of Henry I. nearly 700 years.--Transportation

is commonly understood to have been first introduced, anno 1718, by

the act of the 4th George I. cap. 11; and afterwards enlarged by the

Act 6th of George I. c. 23, which allowed the court a discretionary

power to order felons who were by law entitled to their clergy, to be

transported to the American plantations for seven or fourteen years,

according to circumstances.[130]

[Footnote 130: It is said that exile was first introduced as a

punishment by the Legislature in the 39th year of Queen Elizabeth,

when a statute (39 _Eliz._ _c._ 4.) enacted that such rogues as were

dangerous to the inferior people should be banished the realm, _Barr.

Ant. Stat._ 269: and that the first statute in which the word

Transportation is used is the 18th of _Charles_ II. _c._ 3. which

gives power to Judges at their discretion either to execute or

transport to America _for life_ the Moss-Troopers of _Cumberland_ and

_Northumberland_; a law which was made perpetual by the Act 31 _Geo._

II. _c._ 42. 2 WOODD. 498.]

Since that period the mode of punishment has undergone several other

alterations; and many Crimes which were formerly considered of an

inferior rank, have been rendered capital: which will be best

elucidated by the following Catalogue of Offences, divided into six

classes according to the Laws now in force.

* * * * *

1. CRIMES _punishable by the_ Deprivation of Life; _and

where, upon the Conviction of the Offenders the sentence of

Death must be pronounced by the Judge.--Of these, it has

been stated, the whole, on the authority of Sir William

Blackstone, including all the various shades of the same

offence, is about 160 in number._

_The principal are the following:_

Treason, and Petty Treason; _See page_ 38, &c. Under the

former of these is included the Offence of Counterfeiting

the Gold and Silver Coin, _See page_ 191-211.

Murder, _See page_ 44, &c.

Arson, or wilfully and maliciously burning a House, Barns

with Corn, &c. _See page_ 56.

Rape, or the forcible violation of chastity, &c. _See page_

46.

Stealing an Heiress, _See page_ 48.

Sodomy, a crime against nature, committed either with man or

beast, _See page_ 46.

Piracy, or robbing ships and vessels at sea: under which is

included, the Offences of sailors forcibly hindering their

captains from fighting, _See page_ 55, 56.

Forgery of Deeds, Bonds, Bills, Notes, Public Securities,

&c. &c. Clerks of the Bank embezzling Notes, altering

Dividend Warrants: Paper Makers, unauthorised, using moulds

for Notes, &c.

Destroying Ships, or setting them on Fire, _See page_ 57.

Bankrupts not surrendering, or concealing their Effects

Burglary, or House Breaking in the night time, _See page_

57.

Highway Robbery

House Breaking in the day time, _See page_ 54, 55.

Privately Stealing or Picking Pockets above one Shilling

Shop Lifting above Five Shillings, _See page_ 55.

Stealing Bonds, Bills, or Bank Notes

Stealing Bank Notes, or Bills from Letters

Stealing above 40_s._ in any House, _See page_ 55.

Stealing above 40_s._ on a River

Stealing Linen, &c. from Bleaching Grounds, &c. or

destroying Linen therein

Maiming or Killing Cattle maliciously. _See_ the Black Act,

9 Geo. I. cap. 22.

Stealing Horses, Cattle or Sheep

Shooting at a Revenue Officer; or at any other person, _See_

the Black Act

Pulling down Houses, Churches, &c.

Breaking down the head of a Fish-Pond, whereby Fish may be

lost, (_Black Act_)[131]

[Footnote 131: The unwillingness which it must be expected a

Jury would have to convict a man capitally for _this

offence_, might be adduced among many other instances, to

show to what extent public justice is defeated, merely from

the severity of the laws, and the want of a Scale of

punishments proportioned to the offences.]

Cutting down Trees in an Avenue, Garden, &c.

Cutting down River or Sea Banks.

Cutting Hop Binds

Setting fire to coal mines

Taking a Reward for helping another to Stolen Goods, in

certain cases, _See page_ 295

Returning from Transportation; or being at large in the

Kingdom after Sentence

Stabbing a Person unarmed, or not having a weapon drawn, if

he die in six months

Concealing the death of a Bastard Child

Maliciously maiming or disfiguring any person, &c. lying in

wait for the purpose, _See page_ 50.

Sending Threatening Letters (Black Act)

Riots by twelve or more, and not dispersing in an hour after

proclamation

Being accessaries to Felonies deemed capital

Stealing Woollen Cloth from Tenter Grounds

Stealing from a Ship in Distress

Government Stores, embezzling, burning or destroying in

Dock-Yards; in certain cases, _See pages_ 261-263

Challenging Jurors above 20 in capital felonies; or standing

mute

Cottons selling with forged Stamps

Deer-Stealing, second offence; or even first offence, under

Black Act, not usually enforced

Uttering counterfeit Money, third offence

Prisoners under Insolvent Acts guilty of perjury

Destroying Silk or Velvet in the loom; or the Tools for

manufacturing thereof; or destroying Woollen Goods, Racks or

Tools, or entering a House for that purpose

Servants purloining their Masters' Goods, value 40_s._

Personating Bail; or acknowledging fines or judgments in

another's name

Escape by breaking Prison, in certain cases

Attempting to kill Privy Counsellors, &c.

Sacrilege

Smuggling by persons armed; or assembling armed for that

purpose

Robbery of the Mail

Destroying Turnpikes or Bridges, Gates, Weighing Engines,

Locks, Sluices, Engines for Draining Marshes, &c.

Mutiny, Desertion, &c. by the Martial and Statute Law

Soldiers or Sailors enlisting into Foreign Service

* * * * *

2. CRIMES _denominated_ Single Felonies; _punishable by

Transportation, Whipping, Imprisonment, the Pillory, and

Hard Labour in Houses of Correction, according to the Nature

of the offence._

_The principal of which are the following:_

Grand Larceny, which comprehends every species of Theft

above the value of One Shilling, not otherwise distinguished

Receiving or buying Stolen Goods, Jewels and Plate. _See

page_ 299

Ripping and stealing Lead, Iron, Copper, &c. or buying or

receiving, _See page_ 295

Stealing (or receiving when stolen) Ore from Black Lead

Mines

Stealing from Furnished Lodgings

Setting fire to Underwood

Stealing Letters, or destroying a Letter or Packet,

advancing the Postage, and secreting the Money

Embezzling Naval Stores, in certain cases, _See pages_

261-263

Petty Larcenies, or Thefts under one Shilling

Assaulting with an intent to Rob

Aliens returning after being ordered out of the kingdom

Stealing Fish from a Pond or River--Fishing in inclosed

Ponds, and buying stolen Fish

Stealing Roots, Trees, or Plants, of the value of 5_s._ or

destroying them

Stealing Children with their apparel

Bigamy, or Marrying more Wives or Husbands than one (now

punishable with transportation)

Assaulting and Cutting, or Burning Clothes

Counterfeiting the Copper Coin, &c.--_See page_ 191-211

Marriage, solemnizing clandestinely

Manslaughter, or killing another without Malice, &c. _See

page_ 44

Cutting or Stealing Timber Trees, &c. &c. &c.

Stealing a Shroud out of a Grave

Watermen carrying too many passengers in the Thames, if any

drowned

* * * * *

3. OFFENCES _denominated_ Misdemeanors, _punishable by Fine,

Imprisonment, Whipping, and the Pillory._

_The principal of which are the following:_

Perjury, or taking a false Oath in a judicial proceeding,

&c.

Frauds, by Cheating, Swindling contrary to the rules of

common honesty, &c. &c.

Conspiracies, for the purpose of injuring or defrauding

others

Assaults by striking or beating another person, &c.

Stealing Dead Bodies

Stealing Cabbages, Turnips, &c. growing

Cutting and stealing Wood and Trees

Robbing Orchards and Gardens

Stealing Deer from Forests

Stealing Dogs

Setting fire to a House to defraud the Insurance Office

Making and selling Fire-Works and Squibs

Throwing the same when on fire about the streets

Uttering Base Money

Selling Base Money under its denominated value

Embezzlement in the Woollen, Silk, and other Manufactures

Offences by Artificers and Servants in various Trades

Combinations and Conspiracies for raising the price of

Wages, &c. (_See stat._ 39 _Geo._ III. _c._ 81)

Smuggling Run Goods, and other Frauds relative to the Excise

and Customs

Keeping Bawdy Houses and other Disorderly Houses

* * * * *

4. IDLE and Disorderly Persons _described by the Act of the

17th Geo. II. cap. 5. and subsequent Acts_; punishable with

one Month's Imprisonment--_namely_,

1. Persons threatening to run away and leave their wives and

children on the Parish

2. Persons who tipple in Ale Houses, and neglect their

Families, &c. as described in the 3d Geo. III. cap. 45

3. Persons who shall unlawfully return to the Parish or

place from which they have been legally removed, without

bringing a Certificate

4. Persons, who not having wherewithal to maintain

themselves, live idly without employment, and refuse to work

for the usual Wages

5. Persons begging in the streets, highways, &c.

* * * * *

5th. ROGUES and VAGABONDS _described by the said Act of the

17th Geo. II. cap. 5. and subsequent Acts_; punishable by

Six Months' Imprisonment--namely,

1. Persons going about as Patent Gatherers or Gatherers of

Alms, under pretence of Loss by Fire, or other casualty.

2. Fencers, Bearwards, Strolling Players of Interludes, or

other Entertainments

3. Minstrels, (except those licensed by the Lord Dutton in

Cheshire)

4. Persons pretending to be, and wandering in the habit of,

Gypseys

5. Fortune-Tellers, pretending Skill in Physiognomy,

Palmistry, &c. or using any subtle craft to deceive and

impose on others

6. Persons playing or betting at any unlawful Games or Plays

7. Persons who run away, and leave their Wives and Children

upon the Parish

8. Petty Chapmen and Pedlars wandering abroad without a

Licence

9. Persons wandering abroad, and lodging in Ale-Houses,

Out-Houses, or the open Air, and not giving a good account

of themselves

10. Persons wandering abroad, and pretending to be Soldiers

or Sailors, without proper Certificates from their Officers,

or Testimonials from Magistrates

11. Persons wandering abroad, pretending to go to work in

Harvest, without a proper Certificate from the Parish

12. Persons having Implements of House-breaking or Offensive

Weapons, with a Felonious intent

13. Persons concerned in illegal Lottery Transactions, as

described in the Lottery Acts, 27th, 33d, 34th, and 35th

Geo. III.

* * * * *

6th. INCORRIGIBLE ROGUES, _punishable with Two Years'

Imprisonment and Whipping, or Transportation for Seven

Years, if they break out of Prison--namely_,

1. Persons stiled End-Gatherers, buying, collecting, or

receiving Ends of Yarn in the Woollen Branch, against the

stat. 13 Geo. I. cap. 23.

2. Persons, who being Rogues and Vagabonds, have escaped

after being apprehended, or who shall refuse to be examined

by a Magistrate, or who shall give a false account of

themselves after being warned of their punishment

3. Persons who shall escape out of any House of Correction

before the period of their imprisonment empires

4. Persons, who being once punished as Rogues and Vagabonds,

shall again commit the same offence.

[-->] _There are a great many other trivial Offences

denominated Misdemeanors, subject to pecuniary Fines, which

it is not easy to enumerate. Since almost every statute,

whether public or private, which passes in the course of a

Session of Parliament, creates new offences--the shades vary

as Society advances, and their number is scarcely within the

reach of calculation._

The crimes mentioned in the first and second classes of the foregoing

Enumeration (except Petty Larceny) are always tried by the Superior

Courts:--The offences specified in the third class, as also Petty

Larceny, and every species of misdemeanor and vagrancy, are generally

tried, (with some few exceptions) by the Justices in their General and

Quarter Sessions, where, in certain cases in Middlesex, they act under

a commission of Oyer and Terminer. The Magistrates in Petty Sessions,

and in several instances a _single Magistrate_, have also the power of

convicting in a summary way, for a variety of small misdemeanors, and

acts of vagrancy: and of punishing the delinquents with fine and

imprisonment.

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 28 / 44 段