_First_, I would have every one of the Malefactors lock'd up by himself;

and they should never be suffer'd to converse together. It would not be

a very great Expence (where Chimneys, convenient Windows, Order, and

Beauty would be out of the Question:) to build an hundred small Rooms,

perhaps, of twelve Foot Square, that would be strong, beyond the

Possibility of being forced by naked Hands; and, to prevent all Hopes of

breaking Goal, I would have it a Custom made, to search, suspected or

not, all Prisoners, and the Places they are in, every Night before

Bed-time. The Rooms I speak of, I would rather have obscure, than

otherwise; and the small Light they had, far beyond Reach. They, should

all have such Conveniences, that those, who were shut up in them,

should, during their Stay, have no Occasion to stir out of them on any

Account. Thus we might secure Prisoners, without galling them with

Irons, before we are sure that they deserve to be punish'd at all.

_Secondly_, I would have a Law made, to fix a certain number of Days,

after which the Condemned should not have the Benefit of Pardons or

Reprieves, tho' they might be obtain'd. This Time elaps'd, they should

have one Day to bid farewell to Friends and Relations: After which, they

should have three times four and twenty Hours allow'd them, for no other

Purpose, than to make their Peace with Heaven, and prepare themselves

for Death. During this time, they should be inaccessible to all but a

sober Keeper, to take Care of them, and a Clergyman, to assist them in

Spirituals. And here I beg leave to observe, that Men of Reputation, who

live in Credit, and by their Learning, or exemplary Lives, have acquired

the Publick Esteem, are fitter for this Task, than others of small

Parts, and no Repute; that, labouring under narrow Circumstances, for a

poor Salary, and some miserable Perquisites, take upon them this weighty

Province, as a Livelihood and Business, to be constantly follow'd. The

more Respect and Reverence are paid to Divines, and the higher their

Dignity is, the greater Opportunity they have of making themselves

serviceable in every Branch of their Function, but more especially that

Part of it now under Consideration. In other Protestant Countries,

beyond Sea, the Ministers of the National Church perform this Office,

either by Turns, or as the Criminal, and sometimes the Magistrate,

desire it. In most Employments Use makes Perfectness, but here it

incapacitates: and was a Man, even of the greatest Prudence and

Watchfulness over himself, always to converse with Rogues, and do

nothing else but instruct and attend Malefactors in their last Hours,

the very Habit he would contract from it, would spoil him for that

Purpose: And it is impossible, but constant Practice wou'd, in a little

Time, wear out, or at least take off the greatest Part of that

Earnestness and Concern, which ought to be inseparable from the Charge I

speak of.

The greater Provision we made for the Souls and future Happiness of

these short-liv'd Sinners, the less Indulgence we should have for their

Bodies and sensual Appetites: And I would have it strictly observed,

that from the Moment their Death was fixed, 'till their Execution, they

should receive nothing for Sustenance but Bread and Water; and of either

what they would. I would, moreover, have it enacted, That every Year a

certain number of dead Bodies, not under six, should be allowed to

Physicians and Surgeons, for Anatomical Uses, not to be made choice of

till after Death, in such a Manner, that no Felon could be sure this

would not be his Lot.

If they should complain, that the miserable Diet they were confined to,

was a Severity that disturbed their Thoughts, and hinder'd their

Devotion, it would be a Sign, that their Minds were not yet turned the

right Way: But this Grievance, a short Time and Necessity will never

fail to cure. The harsher that Article may seem, the more Efficacy it

would be of, in deterring Rogues from Mischief: For I do not doubt but

most of them would look upon the wholsome Regulations in Prison here

mentioned, as the most considerable Part of the Punishment they were to

suffer; though, I confess, that what I have in View by this low Diet,

chiefly regards the eternal Welfare of those unhappy People, as it

would be instrumental to an early Repentance. When, free from Fumes of

Food, and all intoxicating Comforts, the serious Thoughts of a Criminal

shall be obliged to dwell upon his wretched Self, and behold the

Prospect of a future State so near, so certainly to come, the loosest

and most abandon'd will be brought to Reason. Death being unavoidable,

and nothing upon Earth to save him, Self-defence will make him turn his

Eyes elsewhere: His continued Abstinence will help to clear his

Understanding; then searching after Truth, he will be soon convinced of

the Folly and Weakness of those Arguments, by which he had been used to

harden his Conscience, keep out Remorse, and fortify his Steadiness in

Guilt.

When a Man thus wean'd from the World, and all the Hopes of Life, should

be drawn forth from his dark and solitary Dungeon, once more enjoy the

open Air, and see himself exposed to gazing Multitudes, there met on

purpose to feed their Curiosity at his Expence; when the Paleness of his

Countenance, and the Shaking of every Limb, should, without Disguise,

reveal the Motions of his Heart; and his Spirits neither confounded, nor

buoy'd up by inebriating Liquors, should discover their real Condition

and Incapacity to uphold their trembling Tenement; the Spectacle would

be awful, and strike the Hearts of the Beholders: When seated on the

ignominious Cart, by his restless Posture, the Distortion of his

Features, and the continual wringing of his Hands, he should disclose

his Woe within, and the utmost depth of Sorrow: When we should hear his

shrill Cries and sad Complaints interrupted with bitter Sobs and anxious

Groans, and now and then, at sudden Starts, see Floods of Tears gushing

from his distracted Eyes, how thoroughly would the Concurrence of so

many strong Evidences convince us of the Pangs, the amazing Horror, and

unspeakable Agonies of his excruciated Soul!

Common Stubbornness and Stupidity could not be Proof against all this;

and the Licentious Rabble of both Sexes, that make now the most

considerable part of those dismal Processions, would not attend in such

tumultuous Crowds. Few Profligates would be able to stand the Shock of

Sounds and Actions so really tragical: Many would run away for fear of

rouzing the Lion kept chain'd within, and waking a guilty Conscience

from the Lethargy they have thrown it in with so much Labour. They would

not follow long to behold a Scene so little to their Purpose; and

whatever Multitudes of them might set out with these Penitents, they

would drop off, and dwindle away by Degrees; even the most obdurate

would sicken at such a Sight, and turning from it to less displeasing

Objects, seek after more suitable Diversions. The Absence of so many

Rake-hells, that only take delight in Mischief, would render these

Tragedies more solemn, and, at the same Time, make room for Spectators

of a better Sort, and lesser Sinners, on whom, in all Probability, they

would have a more desirable Effect. It is not to be express'd, what

lasting and useful Impressions such Shews would make: Many that are

conscious of their Frailty, and the small Power they have of conquering

their Passions, would take an Opportunity from them of adoring the

divine Mercy, for having preserved them hitherto from falling into such

Crimes; even the Voluptuous, that in the Enjoyment of Youth and Vigour,

are enamour'd with Life for the sake of Pleasure, would be startled at

them, and thank God that this was not their Case; and several by the

Fear of Death only, become more serious and reflecting.

Thus much we should gain, at least, in Behalf of Religion, from every

Execution, even of the most sorry Felons, who, void of Sense and

Goodness, only grieve because they are to die, and go they know not

where: But it is more than probable, that some of them would become good

Christians, and make exemplary Ends. When the Condemn'd should, in every

Respect, receive the Treatment I have requir'd, and by this Means,

undisturb'd by earthly Cares, have Leisure, in sober Sadness, to review

their past Life, and examine into the Multitude, as well as Enormity of

their Offences; then, after thorough Contrition, and an open Confession

in Behalf of Justice, animated by Faith, betake to constant Prayer; we

ought to believe that thus exerting themselves in the Work of Salvation,

by the good Guidance of able Divines, and their own unwearied

Endeavours, many of them would find Favour in the Sight of the Almighty;

and that several, even as they went to Death, would be regenerated, and

comforted from above with a strong Assurance of Forgiveness. What a

visible Alteration would it not make in them, when they should perceive

their Spirits, that the Moment before were overwhelm'd with Grief, or

fill'd with black Despair, cherish'd and enlighten'd by the powerful

Beams of heavenly Grace and Clemency: Transported with the Prospect of

approaching Bliss they then would wish to die, and rejoice that they

should be made Examples to frighten Evil-doers from their Ways.

But when they should consider, what Acts of Devotion and unfeigned

Piety, what Works of superlative Charity would be necessary, if they

were to live, to atone for the heinous Crimes and manifold

Transgressions they had been guilty of against God and their Neighbour,

how would it rouze their Souls, and how eager would it not render them,

in the most profitable Manner, to spend the small Remains of Life!

Sometimes they would deter the wicked and in the same Breath solicite

Heaven for their Conversion: At others, reasoning from the Changes they

had experienced within, they would combat Impiety with Vehemence, and

conjure Unbelievers no longer to doubt of an everlasting Futurity: They

would paint to them, in the strongest Colours, the Horrors they had felt

from an accusing Conscience, and the Abyss of Misery they had been

plunged in, whilst yet labouring under the dire Reflection on eternal

Vengeance; And thus, mixing fervent Prayers with strenuous Exhortation,

they would employ the few Moments, that were left them, in Exercises

intirely spiritual and holy.

How such Conversions would affect the Minds of all that saw or heard

them, cannot be better imagin'd than by examining our selves. When we

had seen an half-starv'd Wretch, that look'd like Death, come shivering

from his Prison, and hardly able to speak or stand, get with Difficulty

on the slow uncomfortable Carriage; where, at the first Rumbling of it,

he should begin to weep, and as he went, dissolve in Tears, and lose

himself in incoherent Lamentations, it would move us to Compassion. But

with what Astonishment would it not fill us, to behold the same

Creature, near the fatal Tree, become lively, glow with Zeal, and, in

Strength of Voice and Action, excell the most vigorous Preachers! All

this we might expect; and that those of Wit and Genius, as certainly

there are among them, would often light on new and convincing Arguments

to warn the Sinner: Nay, some of them prove stupendious Orators, that

would not only spread Amazement all around them, but likewise find

uncommon Ways to reach the Heart with Violence, and force Repentance on

their Hearers. It is Stupidity to doubt the vast Use such Executions

would be of, to compass Happiness both here and hereafter; and should we

regard the first only, it would be no Exaggeration to assert, that one

of them would be more serviceable to the Peace and Security of this

immense City, than a thousand of those that are now so frequent among

us.

CHAP. VI.

_Of_ TRANSPORTATION: _And a Method to render that Punishment more

effectual._

When I concluded the last, I thought not to have tired the Reader any

longer with the Subject of Malefactors: But it has been remonstated to

me since, that what I had wrote, would seem very defective, and this

Treatise be, in reality, imperfect, if I said nothing of Transportation;

which, for some Years last past, on many Occasions, has been

substituted, and inflicted in the room of capital Punishment; and

having, at the same Time, been furnish'd with a Hint concerning this

Affair, that may be of admirable Use, I cannot forbear imparting it to

the Publick. There is no doubt but the Design of Transporting Felons,

instead of hanging them, when their Crimes were not very enormous, was

just and commendable, and it was reasonable to expect that it would have

proved a powerful Remedy against the grand Evil I have all along

complain'd of, and which has been so often repeated. But our subtle

Criminals have found out Means hitherto to render it ineffectual: Some

have made their Escape in the Voyage itself; others, condemn'd to this

Punishment, never have been put on board; several have reach'd the

Plantations, but been return'd again by the first Shipping, and great

Numbers have been come back before half their Time was expir'd. Those

that are forced to stay, do very little Service themselves, and spoil

the other Slaves, teaching the _Africans_ more Villany and Mischief than

ever they could have learn'd without the Examples and Instructions of

such _Europeans_. We have loud Complaints from all the Islands, that we

send such Numbers, and they know not what to do with them. As they come

from _England_, and are to serve _English_ Men, their Colour, as well as

Country and Language, plead for them; and the Masters that complain of

them, are to blame themselves for treating them with less Severity than

they do the innocent, as well as unfortunate Blacks, and more remisly

than they ought, if they consider'd that these Country Men of theirs are

sent thither on purpose to work, and are condemn'd to Hard Labour, as a

Punishment for their Crimes. The mild Usage our Felons receive beyond

Sea, and the many Examples of such as come back before their Time, with

Impunity, have quite destroy'd the End which Transportation was design'd

for. The Criminals have no dread against it, remain as they were

themselves, and do no Service to others.

To redress this, there is an Expedient that may immediately be put

into practice, and is, to my thinking, every way unexceptionable;

for it would effectually prevent the returning of the Felons,

make them serviceable in the most extraordinary Manner, and,

at the same Time, be terrible beyond Expression. The Use I would put

them to is, the Redemption of Slaves, that in _Morocco_, as well as

_Tunis_, _Algiers_, and other Places on the Coast of _Barbary_, groan

under a miserable Servitude. Should it be objected, that such abandon'd

People would turn Mahometans, and our selves become accessary to their

eternal Ruin, I would ask what Surety we had for those that were there

already. Amongst our Seafaring Men, the Practice of Piety is very

scarce: Abundance of them lead very bad Lives, who yet, as to the Love

of their Country, and the _Meum & Tuum_, are very honest Fellows. There

are not many that are well grounded in the Principles of their Religion,

or would be capable of maintaining it against an Adversary of the least

Ability; and we are not certain, that under great Temptations, they

would remain stedfast to the Christian Faith. The Danger then of

Apostacy being the same in both, we must be manifestly the Gainers, when

we change lazy cowardly Thieves, and incorrigible Rogues for brave,

laborious, and useful People. It would be no difficult Matter to enter

into Negotiations with the several Powers of _Barbary_ for this Purpose;

neither is it reasonable to imagine, that they would scruple to take our

Felons on account of the bad Lives they had led, or refuse any for their

Impudence, Wickedness, or Aversion to Labour. They consider and manage

their Slaves as we do our Cattle; and it is their Age, their Health, the

Soundness of their Limbs, and their Strength, they examine into, with

little Regard to their Temper or their Morals: They are ever watchful

over them, without trusting to their Honesty, or expecting any voluntary

Obedience from them. If bought Servants are able, Masters there have

sure Ways to make them work. They laugh at Stubborness and refractory

Spirits, and their steady Severity is a sovereign Remedy against Sloth,

and all other Failings of the Will: From all which it is highly

probable, that a Barbarian would be glad to change an elderly honest

Man, pretty well worn, and above Fifty, for a sturdy House-breaker of

Five and twenty: And as to those that might be pretty equal, as to Years

and Abilities, what if we should give them three for two, or two for

one? I am sure we could be no Losers. Those likewise that are known to

be in Quality superior to common Sailors, might be redeem'd by still a

greater Number of Felons; or, at the worst, they could be no Sufferers

by the Exchanges of the others.

What I am speaking of, I confess would be a very severe Punishment for

Felony; but I cannot imagine, how we can think on the Rigour of it,

without reflecting, at the same Time, on the Inhumanity we are guilty of

in the small Concern we often shew, for many Years, for the Captivity of

those who have deserv'd no Punishment at all. The greater the Calamities

are of that cruel Bondage, the more reasonable it is, that the Guilty

should suffer it rather than the Innocent. It is unpardonable not to

deliver from the Yoke of Infidels, when it is in our Power, our Fellow

Subjects, whom we have no Complaint against. When sufficient Sums cannot

be rais'd to redeem them with Money, what should hinder us from doing it

at the Expence of Miscreants, whom it is Injustice not to punish, and

who, out of Chains, cannot be otherwise than noxious to the Publick? If

this be duly weigh'd, I doubt not, but what, at first, seems to be the

greatest Objection to this Proposal, would, on further Reflection, be

found an unanswerable Argument why we should embrace it. There would

likewise be room always, with fresh Supplies of Felons, to release

those, who might be cured, or, at least, thought to have been

sufficiently punish'd; and, to prevent all Tricks and Escapes, this

Service might be perform'd by Men of War instead of Merchant Men, or

Transports. This effectual Manner of Transportation, as Felons are

treated, and Things are managed now, would be more dreadful than

hanging, whilst it was only talk'd of; but when it came to the Push, and

Criminals came near, and under the Gallows, there would be very few, if

they were sober enough to think at all, that, before the Cart drove

away, would not change their Minds, put off the evil Hour if they could,

and chuse Slavery, or any Thing else, to avoid immediate Death. But

then, if the Regulations I have offer'd in the foregoing Chapter

were likewise to be put in Practice, the forc'd Abstinence, and

unavoidable Sobriety in Prison, with the other Preparations before

Detail, and the Journey from _Newgate_ to _Tyburn_, without Hopes

of Pardon or Reprieve, would strike great Terror even at a Distance; by

which Means, the Thoughts of either would be insupportable, and there

would be no great Purchase in the Choice. The Horror loose People would

conceive against such Proceedings, would be of inestimable Consequence

to the Nation, and Thousands that are yet unborn would, deterr'd by the

Rigour of those Laws, turn their Hands to honest Labour, and die in

their Beds in their own Country, that without them, and Things remaining

as they are, will either be hanged, or transported long before the End

of this Century. But if what I propose should not lessen the Number of

Felons so much as ought to be expected, it would clear us at least from

the Blame of not having endeavoured it; and from Transportation we

should have the Satisfaction, that the Kingdom would not lose so many

Inhabitants by it as it does now, though the same Numbers were sent

abroad. But, what is infinitely more valuable, that Punishment likewise

would rid without Slaughter, or Probability of Return, the Country of

the Vermin of Society, that, perpetually nibbling at our Property,

destroy the Comforts of secure and undisturb'd Possession, at the same

Time that it would furnish us with an Opportunity of performing the most

charitable Action in the World; for such I will not scruple to call the

redeeming and restoring to their Friends, without their Cost,

industrious Mariners, that lost their Liberties, and became Sufferers

in an honest Calling, and were led into dreadful Captivity by Infidels,

whilst, in promoting the Interest of Commerce and Navigation, they were

labouring for the Safety, the Wealth, and Glory of their Country.

I shall be told by some of my Readers, that they are ready to contribute

to the Redemption of unfortunate Captives with their Purses; but that

among Christians, free-born Subjects ought never to be made Slaves for

any Reason, or at any Rate whatever. But this is a Singularity peculiar

to _Englishmen_, more built on an Excess of Good-nature, than any sound

Reason. _France_ and _Spain_ make use of Malefactors in their Gallies,

and the _Hugonots_ of the first would never have complained of that

Punishment, had it never been inflicted on any but Thieves and Villains.

But these are _Roman_ Catholick Countries, and arbitrary Kingdoms: Of

_Holland_ you can say neither, and yet the great Cities of it have all

Work-houses for Criminals. At _Amsterdam_ there is one, where Felons are

kept constantly employ'd in rasping of _Brasil_ Wood: To earn at this as

much as they spend is not to be done without excessive Labour, though

they fare as hard as they work; yet they are obliged to get more than

their Maintenance costs considerably. They have a Task set them, which

if they do not perform, the Neglect of their Hands is reveng'd on their

Bellies; and they are stinted in their Allowance in Proportion to the

Deficiency. In this Place a very strict Hand is kept over them; no

Offences are left unpunished, and they are often drubb'd even for ill

Language. The Periods of Time, for which Felons are condemned to this

Rasp-house, are vastly different, according as their great Crimes, or

slighter Trespasses deserve this Tuition, and themselves are young or

old Offenders, and judged to be more or less incorrigible, from six

Weeks to ninety nine Years. These are not called Slaves; but such is

their Abode, their Diet, and their Discipline, that of those who were to

be confined there for any considerable Number of Years, I don't believe

there ever was one who would not have thought it a glorious Preferment,

if, instead of it, he might have taken his Chance, and been sold for a

Slave in _Turky_.

We have, I own, no open Enemies in _Africk_ more than any where else at

present; and our most gracious Sovereign has, by his Clemency and

powerful Influence over the Emperor of _Morocco_, procured Liberty to

those of his Subjects that had been taken in _English_ Ships: But it is

wrong from thence to infer, that there are no Slaves in _Turky_ of the

_British_ Nation.

Among those that are brought up to the Sea, there are many, that, by

several Accidents, are left ashore in Foreign Parts, and are

necessitated to enter themselves on any Ships they can meet with. If

this be done in Time of Peace, and when they are not summoned to serve

their own Country, they are guilty of no Fault. But as all Mariners, as

well as Soldiers, share the Fate of those on whose Side they engage, so

many of our Sailors are Slaves in _Turky_, that were taken in _French_,

_Dutch_, and other Ships, and are consequently not reclaimable by any

Treaty made with _Great Britain_. Tho' these might not deserve the same

Regard altogether with those that were taken in Ships of the _British_

Nation; yet, as they are our Countrymen, and have committed no Crime,

their Redemption ought not to be deferred one Moment, if they might be

had in Exchange for others, whom we have judged not worthy to live

amongst us. Besides, as we are at Peace now with all those Rovers, so

half a Year hence, some or other of them may fall out with us; their

Friendship is not much to be depended upon: Let the Provision but be

made, and Felons kept at hard Labour, and under strict Discipline at

home, till they are wanted abroad, and we shall find, that the

Institution it self, the very Name of it, will be of vast Use, before

the Thing itself is put into Practice.

_FINIS._

FOOTNOTE:

[Footnote 9: _This was wrote some Months before_ Jonathan Wild _was

apprehended_.]

THE AUGUSTAN REPRINT SOCIETY

_Publications in Print_

=1948-1949=

16. Nevil Payne's _Fatal Jealousy_ (1673).

17. Nicholas Rowe's _Some Account of the Life of Mr. William

Shakespeare_ (1709).

An Enquiry into the Causes of the Frequent Executions at Tyburn (1725) · 第 3 / 4 段