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).