Society for the Relief of sick and maimed Seamen in

the Merchant's Service 1747

Society for the Relief of poor Widows and Children

of Clergymen, instituted by Charter 1768

Rayne's Hospital for 40 girls, who receive 100_l._ portion

on their marriage 1736

Society called the Feast of the Sons of the Clergy, for

apprenticing their indigent Children, No. 5, Gray's

Inn Square

Freemason's Charity

Society for the relief of Persons confined for Small

Debts, Craven-street, Strand

Society for bettering the condition, and increasing

the comforts of the Poor

Society for improving the condition of Chimney-Sweepers

Five Soup Societies

Workhouses

Private Asylums for Lunatics

91 Public Companies in the City of London, who give

in charity above L.75,000 a year

Stock's Blind Charity, distributed by the Painters-Stainers'

Company 1786

Hetherington's Blind Charity, payable at Christ's

Hospital 1787

Asylum for Deaf and Dumb Poor, Grange Road,

Bermondsey 1792

Charitable Society for Industrious Poor, School

House, Hatton Garden

Society for Charitable Purposes, Wardour-street,

Soho 1773

1600 Friendly Societies in the Metropolis and its vicinity,

of which about 800 have enrolled themselves

under the Act of Parliament, 33 Geo. III. cap.

54. They are composed of mechanics and labouring

people, who distribute to sick members,

and for funerals, sums raised by monthly

payments, amounting on an average to 1_s._ 8_d._

a month, or 20_s._ a year, and consisting of

about 80,000 members, who thus raise annually

80,000_l._

Reflecting on the foregoing list of various laudable Institutions,

which it cannot be expected should be altogether perfect, but which

may be said to be unparalleled in point of extent, as well as

munificence, and conferring the highest honour on the National

Character for Charity and Humanity; the mind is lost in astonishment,

that greater and more extensive benefits have not arisen to the

inhabitants of the Metropolis; not only in improving their morals,

but in preventing the lowest orders of the People from suffering that

extreme misery and wretchedness, which has already been stated to

exist in so great a degree in London.

When it is also recollected, that large sums are annually expended by

Societies instituted for promoting religion, virtue, and good morals,

it must be evident, as human misery does not appear to be alleviated,

and the morals of the People grow worse--that there must be some cause

to produce effects so opposite to what might have been expected from

such unparalleled philanthropy; the cause, indeed, may easily be

traced to that evident deficiency in the general System of Police,

which has so often been mentioned in the course of this Work.[182]

[Footnote 182: But particularly that branch of it, which relates to

the management of the Poor, than which nothing in a greater degree

requires immediate improvement; since it is unquestionably true, and

has, indeed, been already shewn, that from this source incalculable

evils have arisen, which must proportionately increase, until some

effectual remedy is applied.--See Chapter 13th, where a remedy is

proposed.]

In the next place, it may be useful, and certainly cannot be improper,

in a Treatise on the Police, to insert a brief detail of the different

Courts of Law, and public Prisons, established in the Metropolis; for

the distribution of Justice, and the punishment of delinquents, for

civil as well as criminal offences; together with the number of

professional men attached to these various Law establishments.

COURTS OF JUSTICE

IN THE

_METROPOLIS_.

Supreme Courts.

The High Court of Parliament.

The House of Lords; being the Appeal in the last resort in

all causes criminal and civil.

The Court of Exchequer Chamber, before which Writs of

Error are brought on judgments in the Court of King's Bench

and other Courts; it is composed, in certain cases, of all the

Twelve Judges, and the Lord Chancellor; but sometimes of

a smaller number.

The High Court of Chancery--at Westminster Hall--and

Lincoln's Inn Hall.

The Court of King's Bench, held in Westminster Hall.

The Court of Common Pleas, held in Westminster Hall.

The Court of Exchequer--a Court of Law, Equity and

Revenue; held at Westminster Hall and Serjeant's Inn.

The Court of Appeals in Colonial and Prize Causes; before

the Lords of his Majesty's Privy Council at Whitehall.

The High Court of Admiralty, for Prizes, &c. at Doctor's

Commons; and in criminal Cases, twice a year, at the Old

Bailey.

Four Ecclesiastical Courts. Doctors' Commons.

Prerogative Court, for Wills

and Administrations

Court of Arches, for Appeals

from inferior Ecclesiastical

Courts in the Province of

Canterbury; the Court of

Peculiars is a branch of this

Court.

Faculty Court, to grant Dispensations

to marry, &c.

Court of Delegates for Ecclesiastical

Affairs.

The Court of Oyer and

Terminer and Gaol-Delivery

for trying

Criminals at the Justice

Hall, Old Bailey

Held by His Majesty's Commission

to the Lord-Mayor, Judges, Recorder

and Common Serjeant, &c.

Seventeen Courts in the City of London.

Court of Hustings

The Supreme Court of the City for Pleas of

Land and Common Pleas

The Lord-Mayor's Court

For Actions of Debt and Trespass, and for

Appeals from inferior Courts and for foreign

attachments; giving decisions in all

cases whatsoever, in 14 days, at an expence

not exceeding thirty Shillings; held in the

King's Bench, Guildhall, by the Lord-Mayor,

Recorder, and Aldermen.

Court of Requests

Held by two Aldermen and four Members of

the Common Council, appointed by the

Lord-Mayor and Aldermen; three of

whom form a Court for the recovery of

small debts under 40_s._ at the expence of 10_d._

Chamberlain's Court

Held every day to determine differences between

masters and apprentices; and to admit

those qualified to the freedom of the

City.

Sheriff's Court

Held every Wednesday, Thursday, Friday,

and Saturday, at Guildhall; where Actions

of Debt and Trespass, &c. are tried by the

Sheriff, and his Deputy, who are Judges of

the Court.

Court of Orphans

Held before the Lord-Mayor and Aldermen,

as Guardians of the Children of deceased

Freemen under twenty-one years of age, &c.

Pie Poudre Court

Held by the Lord-Mayor and Stewards, for

administering instantaneous Justice between

Buyers and Sellers at Bartholomew Fair, to

redress all such disorders as may arise there.

Court of Conservancy

Held by the Lord Mayor and Aldermen four

times a year, in Middlesex, Essex, Kent,

and Surry; who inquire by a Jury, into

Abuses relative to the Fishing on the River

Thames, and redress the same; from Staines

_West_, to Yenfleet _East_.

Court of Lord-Mayor, and

Aldermen.--Court of Common

Council.--Court of

Common Hall.--Court of

Wardmotes

These relate to setting the Assize

on Bread and Salt--to the municipal

Officers of the City--to

the Elections of Lord-Mayor,

Sheriffs, and Officers of the

City--and to the Management

of the Public Property of the

City, and removing Nuisances.

The Wardmotes are held chiefly

for the Election of Aldermen

& Common Councilmen.

General and Quarter Sessions of the Peace, held by the Lord-Mayor

and Aldermen, eight times a year.

Petty Sessions for small Offences, &c. held at

the Mansion House by the Lord-Mayor

and one Alderman: and at Guildhall by

two Aldermen in rotation

Daily, in the forenoon

Coroners' Court

To inquire into the causes of sudden deaths,

when they arise.

Court of the Tower of London

Held within the verge of the City by a Stewart

appointed by the Constable of the

Tower, before whom are tried Actions of

Debt, Trespasses, and Covenants.

Courts of Justice within the City and

Liberty of Westminster.

Court of the Duchy of Lancaster

A supreme Court of Record, held in Somerset

Place, for deciding by the Chancellor of the

said Duchy, all matters of Law or Equity belonging

to the County Palatine of Lancaster

Quarter Sessions of the Peace

A Court of Record, held by the Justices of the

City and Liberty of Westminster, four

times a year, at the Guildhall, Westminster,

for all Trespasses, Petty Larcenies, and

other small Offences, committed within the

City and Liberty

Westminster Court

Or Court Leet, held by the Dean of Westminster

or his Steward, for choosing parochial

Officers, preventing and removing

Nuisances, &c.

Court of Requests,

Castle-street, Leicester-square

Held by Commissioners (being respectable

Housekeepers) for deciding without appeal,

all Pleas for Debts under forty shillings.

For the parishes of St. Margaret, St. John,

St. Martin, St. Paul Covent Garden, St.

Clement Danes, St. Mary le Strand, and

that part of the Dutchy of Lancaster which

joins Westminster

Court of Requests,

Vinestreet, Piccadilly

Held in the same manner, and for the same

purposes; for the parishes of St. Anne,

St. George Hanover-square, and St. James,

Westminster

Petty Sessions, or Police Court,

held at Bow-street

A Court of Petty Sessions, held by two Magistrates

every day, (Sunday excepted) morning

and evening, for matters of Police, and various

Offences, and Misdemeanors, &c.

Police Court or Petty Sessions,

held at Queen-sq. Westminster

A Court of Petty Sessions established by Act

of Parliament, held every day, morning &

evening, (Sunday excepted) by two Magistrates,

for matters of Police, and various

Offences, Misdemeanors, &c.

Police Court, or petty Sessions,

held at Great Marlborough-str.

The same.

Courts of Justice in that part of the Metropolis,

which lies within the County of Middlesex.

St. Martins-le-Grand Court

_A Court of Record_, subject to the Dean and

Chapter of Westminster, held every Wednesday,

for the trial of all personal Actions.

The process is by a Capias against the body,

or an Attachment against the goods in this

particular Liberty

East Smithfield Court

A Court Leet and Court Baron, held for this

Liberty, to inquire into Nuisances, &c.--In

the Court Baron Pleas are held to the

amount of forty shillings

Finsbury Court

A Court Leet held once a year, by a Steward

of the Lord-Mayor, as Lord of the Manor of

Finsbury, for inquiring into those Nuisances

competent for Leet Juries, by ancient usage,

and swearing in Constables for the Manor

St. Catherine's Court

Two Courts are competent to be held within

this small Precinct, for Actions of Debt and

Trespass, at St. Catherine's near the Tower

Whitechapel Court

A Court held by the Steward of the Manor of

Stepney, by whom, and a Jury, are tried Actions

of Debt for 5_l._ and under, &c. &c.

Sheriff's Court

For the County of Middlesex, for Actions of

Debt, Trespasses, Assaults, &c.

Quarter and General sessions

of the Peace, and Sessions of

Oyer and Terminer

Held by the Justices of the County of Middlesex,

eight times a year, at the New Sessions

House, Clerkenwell Green, for all

Trespasses, Petty Larcenies, Misdemeanors,

and other offences, &c. and for Roads,

Bridges, and other County Affairs

Petty Sessions or Police Court,

established by Act of Parliament

A Court of Petty Sessions, held every morning

and evening, (Sunday excepted) by two

Magistrates, at the Public Office, in Hatton

Garden, for matters of Police and various

Offences, Misdemeanors, &c.

Petty Session, or Police Court

At the Public Office, Worship-street, near

Finsbury-square, by two Justices, for objects

of Police, &c.

_Idem_

At the Public Office, Lambeth-street, Whitechapel

_Idem_

At the Public Office, High-street, Shadwell

Two Coroner's Courts

For inquiring into causes of sudden death

Court of Requests

Small debts under 40_s._ without appeal,

held in Fulwood's Rents, Holborn, for the

Division of Finsbury

Court of Requests

For small debts under 40_s._ without appeal,

held in Osborn-street, Whitechapel, by

Commissioners, under the Act of Parliament,

chosen annually by the several Parishes

in the Tower Hamlets

General and Quarter Sessions of the

Peace for the Liberty of the Tower of London.

Held by the Justices of that Liberty,

8 times a year for Petty Larcenies,

Trespasses, Felonies, and Misdemeanors,

&c. within that particular District

Courts of Justice in the Borough

of Southwark, Surry.

Court of Record

Held at St. Margaret's Hill, Southwark, by

the Lord-Mayor's Steward, for Actions of

small Debts, Damages, Trespass, &c.

Court of Record

For the Clink Liberty, held near Bankside,

in Southwark, by the Bishop of Winchester's

Steward, for Actions of Debt, Trespass, &c.

within that Liberty

Marshalsea Court

A Court of Record (or the Court of the Royal

Palace) having jurisdiction 12 miles round

Whitehall (exclusive of the City of London)

for actions of Debts, Damages, Trespasses,

&c. and subject to be removed to a higher

Court of Law, when above 5_l._

Court of Requests

For the recovery of small Debts under 40_s._

without appeal, held at St. Margaret's Hill,

by Commissioners chosen under the Act of

Parliament, by the different Parishes

Coroners' Court

To inquire into causes of sudden Death--in

Southwark, &c.

Quarter Sessions of the Peace

Held by the Lord-Mayor and Aldermen, at

St. Margaret's Hill, for the Borough of

Southwark

Quarter Sessions of the Peace

for the County of Surry

Held at the New Sessions House in

Southwark, by the Magistrates of the

County of Surry

Petty Sessions, or Police Court,

established by Act of Parliament

A Court held every morning and evening

by two Justices, at the Public Office, Union

Hall, Union-street, Southwark, for Objects

of Police, &c.

PRISONS _in the_ METROPOLIS.

1. King's Bench Prison, for Debtors on Process or Execution in the

King's Bench, &c. St. George's Fields

2. Fleet Prison, for Debtors on Process, &c. in the Common Pleas,

&c. Fleet Market

For the City of London.

3. Ludgate Prison, Bishopsgate-street

4. Poultry Compter, in the Poultry

5. Giltspur-street Compter, Giltspur-street

6. Newgate, or City and County Gaol, Old Bailey

7. New Prison, Clerkenwell--Gaol for the County of Middlesex

8. Prison for the Liberty of the Tower of London, Well-close-square

9. Whitechapel Prison for Debtors in the five pound court

10. Savoy Prison for Deserters and Military Delinquents

Houses of Correction.

11. City Bridewell--Bridewell, Bridge-street, Blackfriars

12. Tothill Fields Bridewell--Tothill Fields

13. Spa Fields Penitentiary House

14. New Bridewell in the Borough of Southwark

15. County Gaol for Surry in the Borough of Southwark

16. Clink Gaol, in ditto

17. Marshalsea Gaol, in the Borough, for Pirates, &c.

18. New Gaol, in the Borough.

Nothing, perhaps, can manifest, in a greater degree, the increased

commerce and population of the Metropolis of the Empire, than the

following summary detail of the different classes of professional men

connected with the various departments of the Law.

It appears from the preceding Statements, that there are in the

Metropolis

9 Supreme Courts; to which are attached 270 officers[183]

4 Ecclesiastical Courts 54 do.

18 Inferior Courts for small Debts 146 do.

1 Court of Oyer and Terminer, and Gaol Delivery 27 do.

4 Courts of General and Quarter Sessions of the

Peace 46 do.

10 Courts and Petty Sessions for purposes of

Police 190 do.

5 Coroners' Courts 20 do.

---

753

King's Serjeants, Attorney and Solicitor General,

and King's Advocate 8

Serjeants at Law 14

Doctors of Law 14

King's Counsel 25

Masters in Chancery 10

Barristers at Law 400

Special Pleaders 50

Proctors in Doctors' Commons 50

Conveyancers 40

Attorneys at Law in the different Courts 1,900

Clerks, Assistants, and others, estimated at 3,700

Notaries Public 36

-----

Total about 7,000

[Footnote 183: See for some further particulars the 27th Report of the

Finance Committee.]

It is impossible to contemplate this view of a very interesting

subject, without being forcibly struck with the vast extent of the

wealth and commercial intercourse of the Country, which furnish

advantageous employment for such a multitude of individuals in one

particular profession. Every good man, and every lover of his country,

must anxiously wish that the advantages may be reciprocal; and that

men of talents, integrity, and ability, in the profession of the Law,

while they extend their aid to the removal of those evils which are a

reproach to the criminal jurisprudence of the Country, would also

assist in procuring the removal of the inconveniences at present felt

in the recovery of small debts. This is peculiarly irksome to every

well-disposed person, who, in the course of business, having

transactions with the mass of mankind, cannot avoid frequently meeting

with bad or litigious characters, by whom disputes are unavoidably

generated.

According to the prevailing System, if the debt exceeds 40_s._ the

action may be brought in a superior Court, where, if contested or

defended, the expence, at the lowest computation, must be upwards of

fifty pounds. Prudent men, under such circumstances, will forego a

just claim upon another, or make up a false one upon themselves, as by

far the least of two evils, in all cases where they come in contact

with designing and bad people; and hence it is, that the worthless

part of mankind, availing themselves in _Civil_ as others do in

_Criminal Cases_, of the imperfections of the Law, forge these

defects into a rod of oppression, either to defraud the honest part of

the Community of a just right, or to create fraudulent demands, where

no right attaches; merely because those miscreants know that an action

at Law, even for 20_l._ cannot either be prosecuted or defended,

without sinking three times the amount in Law expences; besides the

loss of time, which is still more valuable to men in business.

To convince the Reader that this observation is not hazarded on weak

grounds, and that the evil is so great as to cry aloud for a remedy,

it is only necessary to state, that in the County of Middlesex alone,

in the year 1793, the number of bailable writs and executions, for

debts from _Ten_ to _Twenty_ pounds, amounted to no less than 5,719,

and the aggregate amount of the debts sued for was the sum of

L.81,791.

It will scarcely be credited, _although it is most unquestionably

true_, that the mere costs of these actions, although made up, and not

defended at all, would amount to 68,728_l._--And if defended, the

aggregate expence to recover 81,791_l._ must be--(_strange and

incredible as it may appear_), no less than 285,905_l._! being

considerably more than three times the amount of the debts sued for.

The mind is lost in astonishment at the contemplation of a

circumstance, marking, in so strong a degree, the deficiency of this

important branch of the jurisprudence of the Country.

Through this new medium we discover one of the many causes of the

increase of crimes.--And hence that caution which men in business are

compelled to exercise (especially in the Metropolis), to avoid

transactions with those who are supposed to be devoid of principle.

Whenever the Laws cannot be promptly executed, at an expence, that

will not restrain the worthy and useful part of the Community from the

following up their just rights, bad men will multiply. The morals of

the People will become more and more corrupted, and the best interests

of the State will be endangered.

In a political as well as in a moral point of view, it is an evil that

should not be suffered to exist; especially when it can be

demonstrated, that a remedy may be applied, without affecting the

pecuniary interest of the more reputable part of the Profession of the

Law, while it would unquestionably produce a more general diffusion of

Emolument.

If, instead of the various inferior Courts for the recovery of debts,

(exclusive of the Courts of Conscience) which have been mentioned in

this Chapter, and which are of very limited use on account of appeals

lying in all actions above 5_l._--the Justices, in General Sessions of

the Peace, _specially commissioned_, were to be empowered to hear and

determine _finally, by a Jury_, all actions of debt under 50_l._ and

to tax the Costs _in proportion to the amount of the Verdict_, great

benefits would result to the Public. _At present, the rule is to allow

the same cost for forty shillings as for ten thousand pounds!_[184]--It

depends only on the length of the pleadings, and not on the value of

the action.

[Footnote 184: The following authentic table, divided into four

Classes, will shew in forcible colours, the evils which arise from

there being no distinction between the amount of the sum to be

recovered in one action and another, in settling the costs. In the

county of Middlesex, in the year 1793, the actions for recovering

debts stood thus:

Classes.

| |Number of Writs.

| | |of which Bailable.

| | | |Executions.

| | | | |Costs of Actions

| | | | |undefended at 12_l._ each.

| | | | | |Costs of Actions

| | | | | |defended at 50_l._

| | | | | |each.

| | | | | | |Net Amount

| | | | | | |of Debts

| | | | | | |sued for

| | | | |L. |L. |L.

1|from 10 to 20_l._| 5,719| 4,966| 753| 68,728|285,950| 81,791

2| 20 to 30_l._| 2,267| 1,878| 389| 21,090|113,350| 85,675

3| 30 to 100_l._| 4,367| 2,492|1,875| 52,404|238,350| 237,358

4| L.100 & upw. | 2,324| 1,769| 555| 27,160|116,200|1,010,379

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

| |14,677|11,105|3,572|169,382|753,850|1,385,203

Thus it appears, that upwards of one million of money, in the 4th

class, is recovered at considerably less than half the expence of

81,791_l._ in the 1st class.]

Humanity, Justice, and Policy, plead for an improvement of the System;

more particularly when it is recollected that, between _Six_ and

_Seven Thousand_ unfortunate persons are arrested annually on _mesne

process_ in Middlesex alone, one half of whom are for debts _under

twenty pounds_. In the kingdom at large, the number is not less than

_Forty Thousand_ for trifling debts in the course of a year!--The

unavoidable expence, therefore, at the lowest computation, is a most

grievous burden, which on many occasions, sends both the plaintiff and

defendant to a gaol, for the Attorney's bills, to the total ruin of

themselves, and often to the destruction of their families.

The Evil, in this view, is exceedingly prominent.--It involves in it

consequences which trench upon the best interests of the Country. The

Mischief increases, unperceived by the people at large, and Remedies

are not applied; because few men will subject themselves to

investigations of great labour, without which facts are not to be

obtained; and without facts it is impossible to reason with accuracy,

or to draw just conclusions upon any subject.

It will be found upon inquiry, that the miseries of a gaol, by which

the inferior orders of the people are often punished, do not so

frequently attach to the worthless and profligate part of the

Community, as to those who have been useful members of the State--Like

the adroit thief, encouraged to proceed by many escapes, Knaves are

seldom victims to the severity of the Law.--The Innocent, and often

the Industrious, unskilled in the tricks and artifices which bad men

pursue to rid themselves of incumbrances, (for which there is abundant

resource in the chicane of the Law;) are generally the sufferers.

To incarcerate one member of the body politic, whose misfortunes and

losses may have arisen from giving credit to another, who is relieved

by a Commission of Bankrupt,[185] because his debts amounted to more

than 100_l._ seems not well to accord with Justice, Humanity, or State

Policy. It debases the minds of thousands whose conduct never deserved

such a fate--who were from the nature of their dealings, _although

small_, entitled upon the principle adopted by the Legislature, to the

same relief which is extended to the higher classes by whom they often

suffer--and sometimes too by the most worthless and depraved.--While

no good can arise from their confinement, it is thus rendered

infinitely more severe than that, which is, in many instances,

inflicted on criminal offenders.--Their labour is lost to the

Community.--Their families are neglected--and perhaps reared up in

vice and idleness to become Nuisances in that Society, of which they

might have been virtuous and useful Members.

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 37 / 44 段