[86] The Author has often had occasion to witness the extreme ignorance of the younger part of this class, when called upon to give evidence in judicial proceedings.—Of the nature of an oath they had not the least conception,—nor even of the existence of a Supreme Being.

[87] In the course of the Author's investigations, in his official situation as a Magistrate, he actually discovered that clubs of apprentice-boys were harboured in Public-houses, for the purpose of supporting their fellow-apprentices who ran away from their masters. The means of thus indulging themselves in lewdness and debauchery was obtained by pilfering from their Masters, and disposing of the property at Old Iron Shops.

[88] It is to be feared that much evil arises from the want of attention on the part of Masters among the superior classes of Tradesmen with respect to their apprentices, who too seldom consider the morals of their apprentices as a matter in which they have any concern.—It is even the practice to allow apprentices a certain sum of money weekly, for the purpose of enabling them to provide themselves out of doors, and to prevent the trouble of boarding them in the house. If it were possible for a Master, after exerting all his ingenuity, to invent one mode more likely than another to ruin his apprentices, it is by adopting this plan. If he means to subject himself to great risques with respect to the security of his property, he will permit his apprentice, at the age of puberty when open to seduction, to be at large in this great Town, where he is liable to be assailed by swindlers, cheats, and sharpers, who, availing themselves of the inexperience of youth, may corrupt the mind, and give it a wrong bias. The dangers arising from allowing apprentices to victual out of doors, extend much farther than masters are generally aware of: and they who suffer it do great injury to themselves, and even great injustice to their apprentices, whose morals they are virtually, at least, bound to preserve pure. This is not to be expected where apprentices are not under the eye of the master at Meal-times. Their Sundays, in such cases, are their own, which they waste in idleness, not seldom in water-parties on the River, where they are introduced into low and bad company, which gives frequently a taint to their manners of the most injurious nature. The result is, that their master, without reflecting that he himself was the cause of their idleness, withdraws his confidence, and turns them adrift after their time expires, if not before; and in the end ruin, as might well be expected, inevitably ensues.

[89] Another class of Jews which belong to the Portuguese Synagogue are generally opulent and respectable, and hold no community with the others; they use a different Liturgy and their language is even different; their number does not exceed three thousand; they never intermarry with the Jews of the Dutch Synagogue.—They generally pride themselves on their Ancestry, and give their Children the best education which can be obtained in the countries where they reside.—While the Dutch Jews (or rather the German Dutch Jews) get no education at all. Even the most affluent of them are said to be generally unable either to read or write the language of the country which gave them birth.—They confine themselves to a Bastard or vulgar Hebrew which has little analogy to the original. The Portuguese Synagogue has been established in England ever since the Usurpation.—Their place of worship is in Bevis Marks.—The Members of it being mostly wealthy are extremely attentive to their poor, among whom there is said not to be a single beggar or itinerant.—The Brokers upon the Exchange of the Jewish Persuasion, are all or chiefly of the Portuguese Synagogue. Their number is limited to Twelve by a particular Act of Parliament.—Originally this privilege was given gratis by the Lord Mayor, but afterwards 100l. was required, which has gradually increased to One Thousand Guineas for each Broker.

The schism between the two classes of Jews prevail all over the world, though the rational Jews treat the distinction as absurd.

The German Dutch Jews, who may amount to from twelve to fifteen thousand have Six Synagogues, the principal of which are in Duke's Place, Leadenhall Street, and Church Row, Fenchurch Street. They observe the particular ritual of the German Synagogue, and also include the Polish, Russian, and Turkish Jews, established in London.—With the exception of three or four wealthy Individuals, and as many Families who are in trade on the Royal Exchange, they are in general a very indigent class of people, through whose medium crimes are generated to a considerable extent.—Their Community is too poor to afford them adequate relief, whence they have resorted to the expedient of lending them small sums of money at interest to trade upon, which is required to be repaid monthly or weekly, as the case may be. Otherwise they forfeit all claim to this aid.—The reproach arising from their evil practices and idleness, is said to have engaged the attention of the respectable part of both Synagogues with a view to a remedy, but all their attempts have been heretofore unsuccessful.

[90] In a Tract entitled 'Observations and Facts relative to Public-Houses,' by the Author of this Work, the mode of conducting Ale-houses in the Metropolis, and the evils arising from this source of iniquity and idleness is very fully explained. By this publication it is discovered, after much investigation, that there is consumed and sold in the 5000 Public-houses in and round the Metropolis:

[91] It is a curious and important fact, that during the period when Distilleries were stopped in 1796 and 1797, although Bread, and every necessary of life was considerably higher than during the preceding year, the Poor in that quarter of the Town where the chief part reside were apparently more comfortable, paid their rents more regularly, and were better fed than at any period for some years before;—even although they had not the benefit of the extensive charities which were distributed in 1795. This can only be accounted for by their being denied the indulgence of Gin, which had become in a great measure inaccessible from its very high price. It may fairly be concluded, that the money formerly spent in this imprudent manner had been applied in the purchase of provisions and other necessaries to the amount of some hundred thousand pounds.—The effects of their being deprived of this baneful Liquor was also evident in their more orderly conduct.—Quarrels and assaults were less frequent, and they resorted seldomer to the Pawnbrokers' shops: and yet during the chief part of this period Bread was 15d. the Quartern Loaf, and Meat higher than the preceding year, particularly Pork, which arose in part from the stoppage of the Distilleries; but chiefly from the scarcity of Grain.

[92] It is in the first stage of Seduction, before the female mind becomes vitiated and depraved, that Asylums are most useful. If persons in this unhappy situation had it in their power to resort to a medium, whereby they might be reconciled to their relations, while uncontaminated by the vices attached to General Prostitution, numbers, who are now lost, might be saved to Society.

[93] See page 81 and 82 for an account of this Charity.

[94] For a specific account of these Institutions, see the Chapter on Municipal Police.

[95] An office has for some time past been instituted under the direction of Mathew Martin, Esq. assisted by one or two philanthropic individuals, for inquiring into cases and causes of distress.—The generality of the poor persons have been invited to the office by the distribution of tickets, directing them when and where they are to apply. On such occasions a small relief has been afforded, arising from a fund constituted by private benevolence;—but the chief advantage which these poor people have derived has been from the consolatory advice given them, and still more from the assistance afforded by the indefatigable industry, and laudable zeal of Mr. Martin, in getting those into workhouses who have parochial settlements in the Metropolis, or assisting in procuring the means of passing them to their parishes, where such settlements are in the country. Seasonable pecuniary relief has been also extended in certain cases, and small loans of money, made to enable those who are able to work to redeem their apparel, and tools to rescue them from despondence, and to help themselves by their own labour, in such employments as they could either themselves obtain, or as could be procured for them.

From the beginning of the year 1796 to the end of the year 1797, Mr. Martin investigated the cases of 120 poor persons, who attended him in consequence of the tickets which were distributed.—Of these 21 were men; the greater part maimed or disabled by age or sickness, only two of whom had any legal settlement in London.—Of the women, 99 in number, 48 were widows, about one-third were aged—some crippled, and others distressed for want of work, while many were embarrassed by ignorance of the mode of obtaining parochial relief, or by the fear of applying for it—of the wives, in most cases, the difficulty arose from want of work or incapacity of doing it, on account of a child in arms. There were cases of very great distress. Above half had two or more children. Some of them infants, and the chief part too young to work. Of the women 24 claimed settlements in London and Westminster—33 in different parts of England—22 belonged to Scotland and Ireland, and the remaining 20 said they could give no account of their place of settlement. In most instances by an application to their parishes, and in some to their friends, Mr. Martin was enabled to obtain effectual relief to all of them; the gift of a little food, and hearing their melancholy story, afforded some comfort; and had a small fund been appropriated to this object, it might have been possible to have enabled those who were in health to have earned a livelihood. See 12th Report of the Society for bettering the Condition of the Poor.

[96] In the Preamble of the Statute on 3 & 4 William and Mary cap. 11. and particularly § 11 of that Act, in which the sense entertained by Parliament, of the shocking abuses of the Statute of Elizabeth, "through the unlimited power of Parish Officers," is very forcibly expressed—the truths there stated are found to have full force, even at the distance of more than a Century.

[97] It is a well-known fact, that many persons who suffer by means of small Robberies, afraid of the trouble and expence of a prosecution, submit to the loss without inquiry; while others from being strangers to the laws, and to the proper mode of application, fall into the same mistake; this, by proving a great encouragement to thieves of every class, is of course an injury to the Public.—In all cases where robberies are committed, the parties sustaining the loss have only to inquire for the nearest Public Office, and apply there, and state the case to the sitting Magistrates, who will point out the proper mode of detection; every assistance through the medium of constables, will then be given for the purpose of recovering the property and apprehending the offenders.—The same assistance will be afforded by the Lord Mayor and Aldermen, sitting at the Mansion-house and Guildhall, whenever the offence is committed within the limits of the City of London.

[98] It had been usual for many years previous to 1752, when robberies were committed, to make a composition of the felony, by advertising a reward to any person who would bring the property stolen, to be paid without asking any questions; but the pernicious consequences of recovering goods in this way from the encouragement such advertisements held out to thieves and robbers of every description, became so glaring and obvious, that an Act passed the 25th year of George II. cap. 36. inflicting a penalty of 50l. on any person (including the printer and publisher) who shall publicly advertise a reward for the return of stolen goods with "no questions asked," without seizing the person producing the goods stolen:—or who shall offer to return to any pawnbroker, or other person, the money lent thereon, or any other reward for the return of the articles stolen.

[99] Fineux.

[100] Winton, chap. 4.

[101] Hale.

[102] Pult. 10, a.

[103] Hale.

[104] Dalton.

[105] Blackstone.

[106] Blackstone.

[107] Blackstone.

[108] Blackstone.

[109] Hale.

[110] Hale.

[111] It may not be improper in this place to hint, that there is a deficiency in the present state of the Law, which calls aloud for a remedy. None can be arrested on a Sunday, but for felony or breach of the peace (except in certain cases, where their guilt has been previously decided on, as in Escape, &c.) By this means Lottery-Vagrants, Gamblers, Sharpers, and Swindlers, bid defiance to the Civil Power on that day; while a person guilty of pushing or striking another in an accidental squabble, may be arrested and confined.

[112] In consequence of some doubts which have been started relative to washed money, the reward in this case is not paid; it is confined entirely to the conviction of Coiners.

[113] This is a Certificate which may be assigned once, exempting the person who receives it, or his immediate assignee, from all offices within the parish or ward where the felony was committed. In some parishes it will sell from 25l. to 30l. In others it is not worth above 15l. to 18l. according to local situation.

[114] The expence to the Public for rewards paid by the Sheriffs of the different Counties for 12 years, from 1786 to 1797 inclusive, appears from the Appendix of the 28th Report of the Select Committee on Finance, page 104, to stand thus:

[115] Grand Larceny is defined to be a felonious and fraudulent taking away by any person, of the mere personal goods of another, above the value of twelve pence.—1 Hawk. P.C. c. 33. § 1.

[116] The Thames Police Establishment fluctuates according to the Season of the year, and the number of West India ships on the River.—

[117] There is, in some respect, an exception to this rule, with regard to the City and Liberty of Westminster, and the parishes of St. Clement Danes,—St. Mary le Strand,—The Savoy, The united parishes of St. Giles and St. George, Bloomsbury,—The united parishes of St. Andrew, Holborn above the Bars, and St. George the Martyr, and the liberty of Saffron Hill, Hatton Garden, and Ely Rents.—The Act of the 14th George III. cap. 90, contains regulations applicable to the whole of these Parishes and Liberties, fixing the minimum of watchmen at 523, and patroles at 56 men, for the whole; but leaving the management still to the inhabitants of each respective Parish or Liberty. The same act fixes the minimum of wages at 1s. a night, and patroles 15d. In the City of London, the salaries given to watchmen vary in each Ward, from 13l. to 18l. 19l. 20l. 21l. 7s. 23l. 8s. up to 26l. and patroles are allowed from 13l. to 35l. and 40l. a year.

[118] This proves how highly meritorious the conduct of the Managers and Trustees of this branch of the Police of the Metropolis must, in many instances, be. There can indeed be no manner of doubt, but that great advantages arise from dividing the labour, where all the benefits of local knowledge enter into the system.—So far as this goes, it ought not to be disturbed. But it is also necessary to consider the Metropolis as a great Whole, and to combine the organs of Police which at present exist, in such a manner, by a general superintendance, as to give equal encouragement, and to instil one principle of universal energy into all its parts.

[119] Watch-houses are now placed at convenient distances all over the Metropolis; where a parochial constable attends, in rotation, every night, to receive disorderly and criminal persons, and to carry them before a Magistrate next morning.—In each watch-house also (in case of fire) the names of the turn-cocks, and the places where engines are kept, are to be found. This circumstance is mentioned for the information of strangers unacquainted with the Police of the Metropolis; to whom it is recommended, in case of fire, or any accident or disturbance requiring the assistance of the Civil Power, to apply immediately to the Officer of the night, at the nearest watch-house, or to the watchmen on the beat.

[120] Beadles are, in many instances, employed at present as local superintendants of the watch, within their respective Parishes.

[121] The Select Committee of the House of Commons, in their 28th Report, 1798, on Finance, have strongly recommended a Concurrent Jurisdiction; and also, that two Police Offices should be established in London, upon the plan of the others, with Magistrates to be appointed by the Lord Mayor and Aldermen.

[122] It is true, that by the Acts of 25th Geo. II. cap. 36, and 18th Geo. III. cap. 13, the expences of the prosecutors and witnesses are to be paid; and also (if the parties shall appear to be in poor circumstances) a reasonable allowance made for trouble and loss of time; but this is connected with the regulations of the Justices, confirmed by one of the Judges of Assize, which vary according to local circumstances, and it is also necessary to plead poverty in order to be remunerated for loss of time: but as the poor seldom suffer by thieves, these Acts appear to have had little effect in encouraging prosecutors to come forward; and it is believed few applications are made excepting in cases of real poverty.—In the County of Middlesex there is an exception; where witnesses are directed to be paid by the Overseers of the Poor of the Parish, where the person was apprehended; but this mode of payment is seldom if ever adopted.—The fund, however, which the Legislature has thus provided, if œconomically and judiciously applied by a Public Prosecutor, would remove many difficulties, without any material addition to the county rates.

[123] The propriety of this suggestion is sanctioned by the recommendation of the Finance Committee of the House of Commons in their 27th and 28th Report; and forms part of that System of general controul and arrangement for the prevention of crimes, stated more at large in a subsequent Chapter.

[124] Considerable inconvenience arises (and, indeed, great hardship, where prisoners are innocent) from the length of time which must elapse, where offences have been committed in Southwark, before they can be brought to trial; either for inferior or more atrocious crimes. In the former case, prisoners must remain till the Quarter Sessions, (there being no intermediate General Sessions of the Peace) and in the latter case till the Assizes, held only twice a year; this occasions a confinement, previous to trial, lengthened out, in some instances, to three, four, five, and even nearly to six months.

[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 £.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.

[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,[A] "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."[B]

[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.

[128] Blackstone.

[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.

[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.

[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.

[132] All endeavours towards the prevention of crimes will ever be attended with unconquerable difficulty, until some general House of Industry can be established in the Metropolis: where persons discharged for petty offences, as well as strangers and others out of work, may have an opportunity of finding, at least a temporary employment, sufficient to maintain them. An Institution of this sort would be a work of great charity and humanity; and it is earnestly to be hoped, that the view of the subject given in this Work may induce the Legislature to form a Police Establishment, calculated to promote such a multitude of good and useful objects;[C] more especially as with proper management it would very soon pay itself.

[133] In the year 1795, 1894 prisoners were tried at the Old Bailey, and the different Assizes in the Country, exclusive of a much greater number at the General and Quarter Sessions of the Peace, in the different Counties. These trials in the Superior Courts of Judicature, produced the following results:—

[134] The acquittals will generally be found to attach mostly to small offences which are punishable with death: where Juries do not consider the crime deserving so severe a punishment, the delinquent receives no punishment at all. If all were convicted who were really guilty of these small offences, the number of victims to the severity of the Law would be greatly increased.

[135] As punishments became more mild, clemency and pardons became less necessary.—Clemency is a virtue that ought to shine in the code, and not in the private judgment.—The Prince in pardoning gives up the Public Security in favour of an individual; and by the exercise of this species of benevolence proclaims a public act of impunity.—Let the Executors of the Laws be inexorable; but let the Legislature be tender, indulgent and humane.

Beccaria, cap. 46.

[136] It is not here meant to say there have not been some instances, and even one of a recent date, where an innocent man may be convicted; but they are certainly very rare, and when discovered, the Royal mercy, of course, relieves the unfortunate person.

[137] That able and excellent Magistrate, the late Henry Fielding, Esq. (to whose zeal and exertions in the exercise of the duties of a Justice of the Peace, in the Metropolis, the Public were under infinite obligations)—manifested, half a century ago, how much he was impressed with the injuries arising from frequent pardons.—Those who will contemplate the character and conduct of this valuable man, as well as that of his brother, the late Sir John Fielding, will sincerely lament that their excellent ideas, and accurate and extensive knowledge upon every subject connected with the Police of the Metropolis, and of the means of preventing crimes, were not rendered more useful to the Public. It is to be hoped, however, that it is not yet too late, since the state of Society, and the progress and increase of crimes, call loudly for the establishment of a responsible preventive System.

[138] By the Acts 4 George I. c. 11, and 6 George I. c. 23, the persons contracting for the transportation of convicts to the Colonies, or their assigns, had an interest in the service of each, for seven or fourteen years, according to the term of transportation.

[139] For some years previous to the commencement of the American War, the adjudged services of convicts became so valuable in Maryland, that contracts were made to convey them without any expence whatsoever to Government, who had formerly allowed 5l. a head; for the reasons already assigned, they generally were more adroit, and had better abilities than those who voluntarily engaged themselves to go to America.

[140] 16 George III. cap. 43, sect. 1st, 3d, and 11th.

[141] An enormous expence has been incurred in building Penitentiary-Houses in various Counties, and many philanthropic individuals have exerted their best endeavours to carry this Act into execution; but it is to be lamented, that crimes have been by no means diminished. The fact is, that the System is erroneous—Responsibility is no where established.—No uniformity of System prevails, and no general superintendance or center point exists.—Like the Poor Laws, the only part of the Act which is rigidly carried into execution is raising a fund, which, without imputing blame to Magistrates (for the error is in the System), has increased the expence of this branch of the Police of the Country very far beyond what could have been conceived—and it now becomes a heavy burden upon many of the Counties.—The reform began at the wrong end.—The same expence applied in establishing a System of Preventive Police, ought to render numerous penitentiary houses in a great measure unnecessary.

[142]

[143] A malignant fever, at one period, carried off a vast number, in spite of every effort to prevent it.