CHAP. I. Of THEFTBOTE; or, the Crime of Compounding of Felony.

THE Multitude of unhap⯑py Wretches, that every Year are put to Death for Trifles in our great Metro⯑polis, has long been affli⯑cting to Men of Pity and Humanity; and continues to give great Uneaſineſs to every Perſon, who has a Value for his Kind. Many good Projects have been thought of to cure this Evil, by ſapping the Foundation of it: A Society has been ſet up to reform our Manners; and neither Workhouſes, nor Diſci⯑pline on ſmall Crimes, have been wanting: An Act has been made againſt prophane Cur⯑ſing and Swearing; and many Charity Schools have been erected. But the Event has not anſwer'd hitherto the good Deſign of thoſe Endeavours. This City abounds as much with [2] looſe, lazy, and diſhoneſt Poor; there is as much Miſchief done by ordinary Felons; and Executions for Theft and Burglary are as fre⯑quent, at leaſt, as ever: Nay, it is believed, that London is more peſter'd with low Villany than any other Place whatever, the Proporti⯑on of Bigneſs between them not left uncon⯑ſider'd. As there is no Effect without a Cauſe, ſo ſomething muſt be the Reaſon of this Ca⯑lamity. I have long and carefully examined into this Matter, and am forced to aſcribe the Miſchief complained of to two palpable Evils, diſtinct from thoſe we have in common with other large overgrown Cities. One regards Proſecutions; the other the Treatment that is given to Malefactors after they are taken. I ſhall begin with the firſt: I mean the Neglect of them, occaſion'd by our ſhameful Nego⯑tiations with Thieves, or their Agents, for the Recovery of ſtolen Goods, by which, in Reality, we become Aiders and Abetters to them.

The Law of England is ſo tender of Mens Lives, that whoever juſtly proſecutes, and convicts a Perſon of a Capital Crime, has no⯑thing to anſwer for to his Conſcience, but, on the contrary, has done a Service to his Country, without Offence to God, or the leaſt Breach of Charity to his Neighbour. But as every Body has not Strength of Mind and Re⯑ſolution enough to perform Duties that are repugnant to his Nature, ſo, making Allow⯑ances [3] for Human Frailties, I could excuſe the Backwardneſs of a meek home-bred Perſon, who ſhould complain, That to appear in open Court, and ſpeak before a Judge, are terrible Things to him. But I think it unpardonable, that a Man ſhould knowingly act againſt the Law, and by ſo doing powerfully contribute to the Increaſe, as well as Safety and Main⯑tenance, of Pilferers and Robbers, from no other Principle, than a criminal Selfiſhneſs, accompany'd with an utter Diſregard to the Publick: Yet nothing is more common a⯑mong us. ^* As ſoon as any Thing is miſſing, ſuſpected to be ſtolen, the firſt Courſe we ſteer is directly to the Office of Mr. Jonathan Wild. If what we want is a Trinket, either enamel'd, or otherwiſe curiouſly wrought; if there is Painting about it; if it be a parti⯑cular Ring, the Gift of a Friend; or any Thing which we eſteem above the real Va⯑lue, and offer more for it than Mr. Thief can make of it, we are look'd upon as good Chaps, and welcome to redeem it. But if it be plain Gold or Silver, we ſhall hardly ſee it again, unleſs we pay the Worth of it. Some Years ago, it is true, a Man might, for half a Piece, have fetch'd back a Snuff-Box that weigh'd twenty or thirty Shillings: But this was in the Infancy of the Eſtabliſhment. Now they are grown wiſer, and calculate exactly [4] what ſuch a Thing will melt down for: To offer leſs is thought unreaſonable; and un⯑leſs Mr. Thief-catcher ſtands your Friend in⯑deed, if you have it, you will ſeldom ſave any Thing but the Faſhion. If in this Place you can hear no Tidings of your Goods, it is counted a Sign, that they are in the Hands of irregular Practitioners, that ſteal without Permiſſion of the Board. In this Caſe we im⯑mediately put in an Advertiſement in ſome News-Paper or other, with a Promiſe, that ſuch a Reward will be given, and no Queſtions asked. I own, that in the Printing of theſe ſhort Epiſtles there is no manner of Harm, if we abſtract the Act itſelf from the Concern the Publick has in it. The Tenor of them is rather benevolent than injurious: And a Panegyriſt on the preſent Times might juſtly ſay of them, That in no Performances the true Spirit of Chriſtianity was ſo conſpi⯑cuous as in theſe: That they were not only free from Calumny and ill Language, but likewiſe ſo void of Reproach, that ſpeaking to a Thief, we never call'd him ſo in thoſe charitable Addreſſes: That in them the very Catalogues of Injuries receiv'd, were penn'd with as little Heat, or Reſentment, as ever Tradeſman ſhew'd in a Bill of Parcels direct⯑ed to his beſt Cuſtomer: That here we are ſo far from hating our Enemy, that we prof⯑fer him a Recompence for his Trouble, if he will condeſcend to let us have our own [5] again; and leaving all Revenge to God, to ſhew that we are willing to forgive and for⯑get, we conſult, in the moſt effectual Manner, the Safety of a Perſon that deſerves Hanging for the Wrong he has done us. Yet, not⯑withſtanding the kind Conſtructions that may be put on theſe Civil Offers, they all tend to the Compounding of Felony, and are the Oc⯑caſion of a double Miſchief: They invite the Indigent and Lazy to pick Pockets, and render the Negligent more careleſs than pro⯑bably they would be, was this Practice abo⯑liſh'd. A Pocket-Book, or Memorandum, may be ſtole from a Man that is of vaſt Con⯑cern to him, and yet of no Uſe but to the Owner: If this be taken by a regular Thief, a liſted Pilferer, it is eaſily recover'd for a ſmall Reward. I don't ſuppoſe any one ſo ſilly, that therefore he would go to Places, and into Companies, on Purpoſe to have his Pocket pick'd; but I can't help thinking, that if thoſe Things were never to be heard of again, and the Loſs irretrievable, many young Rakes, and other looſe Reprobates, would be under greater Apprehenſions, and more upon their Guard, at leaſt when they had ſuch a Charge about them, than the Ge⯑nerality of them now are. And again, if no⯑thing could be made of Letters, Papers, and Things of that Nature, ſuch as have no known Worth, and are not readily turned into Mo⯑ney, the numbers of Whores and Rogues, [6] young and old, that are employ'd in the Di⯑ving Trade, would decreaſe conſiderably; many of them, from a Principle of Prudence, refuſing to meddle with any Thing elſe. For as on moſt of the Things now ſpoke of, no real Value can be ſet, the Puniſhment would be inconſiderable, if any, ſhould the Things be found upon them, or themſelves be taken in the Fact. Moſt Men will agree to all this, whilſt unconcern'd; but when private Intereſt is touch'd, it ſoon ſtifles theſe Con⯑ſiderations. I ſhould be a Fool, ſays one, when a Thing of Value is ſtolen from me, not to get it back, if I can, for a Trifle. If I loſe a Sword, or a Watch, I muſt have a⯑nother; and to ſave the Faſhion in theſe Things is conſiderable: It is better to loſe the Half than the Whole. I have nothing to do with the Thief, ſays another, if I have my own again, it is all I want: What Good would it do to me to have a poor Fellow hang'd? A Third, more compaſſionate, will tell us, that if he knew the Thief, he would not meddle with him; and that he would loſe ten times the Value of what has been taken from him, rather than be the Occa⯑ſion of a Man's Death. To theſe I reply, that the Legiſlators ſeem to have known how the Generality of Men would argue, and what Excuſes they would make; they had an Eye on the Frailty of our Nature; conſider'd, that all Proſecutions are trouble⯑ſome, [7] and often very expenſive; that moſt Men preferred their own Intereſt, their Eaſe and Pleaſure, to any Regard of the Pub⯑lick; and therefore they provided againſt our Paſſions with ſo much Severity. Com⯑pounding of Felony is not prohibited under a ſmall Penalty, or attoned for by a little Fine; it is next to Felony; and the moſt credi⯑table Citizen, that is convicted of it, ceaſes to be an honeſt Man.

The Offence in our Law is call'd THEFT⯑BOTE; of which my Lord Chief Juſtice Coke ſays, ‘That it is an Offence beyond Miſpri⯑ſion of Felony; for that is only a bare Concealment of his bare Knowledge: But that it is THEFTBOTE when the Owner not only knows of the Felony, but takes of the Thief his Goods again, or Amends for the ſame to favour or maintain him, that is, not to proſecute him, to the Intent he may eſcape. The Puniſh⯑ment of THEFTBOTE is Ranſom and Impriſonment.’ THEFTBOTE (as deſcri⯑bed by Act of Parliament) eſt emenda furti capta abſque conſideratione curiae domini re⯑gis. Sir Matthew Hale, in his Pleas of the Crown, ſays, ‘That THEFTBOTE is more than a bare Miſpriſion of Felony, and is, where the Owner doth not only know the Felony, but takes his Goods again, or o⯑ther Amends, not to proſecute.’

[8] This Rigour of the Legiſlature is a full Demonſtration, that they thought it a Crime of the moſt pernicious Conſequence to the Society; yet it is become familiar to us; and our Remiſsneſs in ſeveral Matters, rela⯑ting to Felons, is not to be parallell'd in any other civiliz'd Nation. That Rogues ſhould be induſtriouſly diſpers'd throughout the Ci⯑ty and Suburbs; that different Hours and Stations ſhould be obſerv'd among them, and regular Books kept of ſtollen Goods; that the Superintendent in this hopeful Oecono⯑my ſhould almoſt every Seſſions, for a Re⯑ward, betray, proſecute, and hang one or more of this his Acquaintance, and at the ſame Time keep on his Correſpondence a⯑mongſt the Survivors, whom, one after ano⯑ther, he ſends all to their Triangular Home; that Magiſtrates ſhould not only know and ſee this, but likewiſe continue to make uſe of ſuch a Perſon for an Evidence, and in a manner own that they are beholden to him in the Adminiſtration of Juſtice; That, I ſay, all theſe Things ſhould be Facts, is ſomething very extraordinary, in the Prin⯑cipal City, and the Home Management of a Kingdom, ſo formidable abroad, and of ſuch Moment in the Balance of Europe, as that of Great Britain.

The Miſchief that one Man can do as a Thief, is a very Trifle to what he may be the Occaſion of, as an Agent or Concealer of Fe⯑lons. [9] The longer this Practice continues, the more the Number of Rogues muſt hourly encreaſe; and therefore it is high Time that regular Book-keeping of ſtolen Goods ſhould ceaſe, and that all Gangs and Knots of Thieves ſhould be broke and deſtroy'd as much as is poſſible, at leaſt, none of them ſuffer'd to form themſelves into Societies that are un⯑der Diſcipline, and act by Order of a Superi⯑or. It is highly criminal in any Man, for Lucre, to connive at a Piece of Felony which he could have hinder'd: But a profeſs'd Thief-Catcher, above all, ought to be ſevere⯑ly puniſh'd, if it can be proved that he has ſuffer'd a known Rogue to go on in his Vil⯑lany, tho' but one Day, after it was in his Power to apprehend and convict him, more eſpecially if it appears that he was a Sharer in the Profit.

CHAP. II. Of the ill Conſequences of THEFTBOTE, and the Licentiouſneſs of Felons in Newgate.

OFTEN, when I have ſpoke againſt Theft⯑bote, after the ſame manner as now I have been writing, I have heard Men of Worth and good Senſe come into my Sentiments, who yet, after all, would tell me, That if I [10] had loſt any Thing myſelf, they believ'd that I would be glad to have it again with as little Coſt and Trouble as I could. This I never deni⯑ed, and am ſtill willing to own. We are all par⯑tial and unfit Judges in our own Cauſe; but the moſt that can be made of this, is, That in that Caſe neither I nor any Body elſe, that has had any Thing ſtolen from him, ought to be conſulted about the Matter: We are ill qualified, and therefore incapable of determi⯑ning any Thing rightly concerning it. I have another Reaſon why this ought to be referred rather to thoſe who never loſt any Thing by Thieves and Pilferers, than others who have been Sufferers that Way: Rogues, it [...]s true, have a thouſand Stratagems, and a [...] may be very careful, and yet have his Pocket pick'd, if ever he appears in the Street, or a Crowd: Yet, if we divide Man⯑kind into two Claſſes, that the one will be more exempt from thoſe Misfortunes than the other, is undeniable. A Man, who is always upon his Guard in the Streets, and ſuſpects all Crowds; that is temperate in his Liquor; avoids, as much as is poſſible, unſeaſonable Hours; never gives Ear to Night-walkers; a Man that abroad is always watchful over himſelf, and every Thing about him, and at home takes Care of his Doors and Bolts, his Shutters, Locks, and Bars; ſuch a one, I ſay, is in leſs Danger than others, who are un⯑thinking, and never mind what Companies [11] they thruſt themſelves into; or ſuch as will be drunk, go home late in the dark unat⯑tended, and ſcruple not to talk and converſe with lewd Women, as they meet them; or that are careleſs of themſelves as well as of the ſecuring and faſtening of their Houſes. It is evident then which Claſs would yield the moſt proper Judges; whom if it was left to, I don't queſtion but the ſober, careful, and wiſer Part of the Nation would agree, that the Practice in vogue, and Method made uſe of to recover ſtolen Goods, even tho' there was no expreſs Law againſt it, is, on many Accounts, miſchievous to the Publick, and viſibly deſtructive to the Intereſt of honeſt Property, and our Security in the Enjoy⯑ment of it.

There is no greater Encouragement for Men to follow any Labour or Handicraft, than that they are paid as ſoon as they have done their Work, without any further Trou⯑ble. It is from ſuch a Conſideration as this, that to encreaſe the publick Security, the Law not only puniſhes Stealing, but likewiſe makes it Felony, knowingly to buy ſtolen Goods; and moreover perpetuates honeſt Property, and renders the Right of it inalienable from the injured Owner, who ſeizes his Goods in what Hands ſoever he finds them. Theſe two additional Precautions are of admirable Uſe in hampering common Villains, and ſtrengthening the Law againſt Theft. From [12] the firſt, a Rogue, after he has made him⯑ſelf liable to be hang'd, may be ſtill diſap⯑pointed, and miſs his chief Aim; for as Mo⯑ney is what he wants, if no Body will pur⯑chaſe what he offers, he is never the nearer. The Second makes that he is never ſafe, tho' he is rid of the Goods, and the Money in his Pocket; for tho' they are gone through half a Dozen Hands, as ſoon as the Right Owner lays Claim to the Things ſtole, every one is oblig'd to diſcover where he had them; and by this Means it is ſeldom difficult to find out the Thief, or the Receiver of ſtolen Goods. To leap theſe two Barriers, and free himſelf at once of the Trouble there is in finding a ſafe Purchaſer, and all Apprehenſi⯑ons of future Danger, a Rogue could not with or imagine any Thing more effectual than that he might lodge what he has ſtole in the Hands of the Owner himſelf, and ſo receive a Reward for his Pains, and, at the ſame Time, a Pardon for his Crime, of him, whoſe Proſecution was the only Thing he had to fear. It is evident then, that the friendly Commerce, and amicable Negotia⯑tions, now in vogue, between Thieves and thoſe that are robb'd by them, are the great⯑eſt Encouragement of low Villany that can be invented, and as ſure a Way to keep up the Breed of Rogues, and promote the Inte⯑reſt of them, as either our Fiſhery or the Coal Trade are conſtant Nurſeries for Sailors.

[13] I am not ignorant, that in the preſent Con⯑juncture, as Caſes might be ſtated, it would be very harſh, and ſeem to be the Height of Injuſtice, if we ſhould hinder People from redeeming ſtolen Goods on all Emergencies whatever. A Man may be vigilant and care⯑ful, and his Servants the ſame, and yet, their Eyes being one Moment turn'd from the Counter, a Shop-Book may be ſnatched, and carried off, perhaps, a Month before Chriſt⯑mas. This may put a Tradeſman of good Buſineſs in great Diſtreſs: Muſt he loſe it? I ſay, Yes, if the Publick is to be preferr'd to a private Intereſt. In the mean time, I know very well what every Body would do in that Caſe: But that the Whole ſuffers by the Re⯑demption, I prove thus: Let us ſay, that this Year twelve Shop-Books are ſtole, that are all recover'd for two or three Guineas a⯑piece got for them, and no Body puniſh'd. You may expect that next Year you will have forty or fifty ſtole, and in a few Years nothing will be more common. And again, let us ſuppoſe that laſt Year an hundred Shop-Books were ſtole; but, by vertue of ſome effectual Law for that Purpoſe, not one redeemed. The Conſequence, in all Proba⯑bility, would be, that the next Year you would hardly have ten Shop-Books ſtole; and if, thro' the ſtrict Obſervance of the Law, none of them likewiſe ſhould be redeem'd, you would hear no more of that Practice.

[14] Beſides, when a Man ſteals what is of no Value but to me, and can have no other View than that I ſhould redeem it, and be his Pay-Maſter myſelf, the Felony becomes, in a manner, a compound Action, in which, as ſoon as I comply, I join with the Thief: And if we conſider that the changing of Property from one Man to another, is ſeldom of any Conſequence to the Publick, and that all the Miſchief that can befal it from Theft, that is, the Loſs of Goods that Way ſuſtain'd by private Perſons, conſiſts in this, That thoſe who committed it, gain their Point, and come off with Impunity, let who will be the Thief, or the Receiver; if, I ſay, we conſider theſe two Things, it will appear, that in the Caſe I have mentioned, myſelf, who for my own Ends aſ⯑ſiſted the Thief with Money, and ſecured him from Proſecution, had the greateſt Share in the Tranſaction, and conſequently was, of the two, the moſt injurious to the civil So⯑ciety. Without me the Rogue would not on⯑ly have been diſappointed, but likewiſe, whilſt he continued in Poſſeſſion of the Thing ſtole, remained in the perpetual Dread of being pro⯑ſecuted for what he never had any Benefit from; and it is not probable that a Man who had been twice ſo ſerved, would ever make ſuch another Attempt.

Theſe Things well deſerve the Conſidera⯑tion of wiſe Men, and I deſire the compaſſi⯑onate Part of Mankind to reflect on what dai⯑ly [15] Experience teaches us of common Felons, and they will eaſily find out, that unſeaſona⯑ble Pity may prove the greateſt Cruelty. The oftner a young Rogue ſteals with Impunity, the ſooner he'll be a thorough-paced Villain, that will venture on more hazardous Under⯑takings; and the more numerous the Exam⯑ples of ſuch are, the more looſe People will enter into the Fraternity, of which, whether it be great or ſmall, very few ever arrive to a middle Age. Some are cunning enough never to be taken in a Fact; but no Subtlety can ſave them from the Impeachment of o⯑thers. A licens'd Practitioner may be skreen'd and protected ſome Years, if he ſticks to Diſ⯑cipline, and pays the greateſt Part of his Ear⯑nings for his Security; but if he rides reſty, and ſquabbles about the Contribution requi⯑red of him, he is in a dangerous Way. It is poſſible that a dextrous Youth may be eſteem⯑ed, and be a Favourite to the Superintendent a great while; but when he grows very no⯑torious, he is hunted like a Deer, and the Premium on his Head betrays him. He may baffle his Proſecutor, find a Flaw in an In⯑dictment, elude the Force of an Evidence, come off once or twice, be reprieved, break Goal, or be pardoned, the Gallows will be his Portion at laſt. The Wretch that is train'd up to ſtealing, is the Property of the Hang⯑man: He can never entirely leave off his Trade: Many, after Tranſportation, have, [16] with great Hazard of their Lives, found the Way back again to Newgate. A Thief bred muſt be hang'd if he lives.

From all which appears, what I undertook to prove, That Remiſſneſs as to Proſecutions, occaſion'd by the bare-faced Compoſitions of Felony, is one of the grand Cauſes of that lamentable Complaint, the Frequency of Ex⯑ecutions; and ſhould we compare the Droves that are carried to Tyburn for Slaughter, with thoſe others that are ſent to Smithfield for the ſame Purpoſe, we would find the modern Thief-Catcher ſubſervient to the Executio⯑ner in the ſame Manner, as the wealthy Gra⯑zier is to the needy Butcher; and thatofthe Cattle in either Senſe, few are kill'd by the one that were never cheriſh'd by the other.

I am now come to the ſecond Cauſe, which is the Treatment Felons receive after they are taken, both in Newgate and their Journey from thence to the Gallows: Firſt, It is wrong to ſuffer ſuch Numbers of them to be and converſe together; for nothing but the utmoſt Corruption can be expected from a Company of forty or fifty People in a Priſon, who, eve⯑ry one of them, ſingly conſider'd, were all the worſt of Thouſands before they met. Se⯑condly, It is an Encouragement to Vice, that the moſt diſſolute of both Sexes, and gene⯑rally young People too, ſhould live promiſ⯑cuouſly in the ſame Place, and have Acceſs to one another. For the reſt, the Licentiouſneſs [17] of the Place is abominable, and there are no low Jeſts ſo filthy, no Maxims ſo deſtructive to good Manners, or Expreſſions ſo vile and prophane, but what are utter'd there with Applauſe, and repeated with Impunity. They eat and drink what they can purchaſe, every Body has Admittance to them, and they are debarr'd from nothing but going out. Their moſt ſerious Hours they ſpend in mock Try⯑als, and inſtructing one another in croſs Que⯑ſtions, to confound Witneſſes; and all the Stratagems and Evaſions that can be of Ser⯑vice, to elude the Charge that ſhall be made againſt them; or elſe in reading Lectures on ſome Branch or other of their Profeſſion, the various Arts and Methods of Stealing, or the Glory, as well as Uſefulneſs of invincible Impudence on all offenſive and defenſive E⯑mergencies. As villainous Pawn-brokers, and all Receivers of ſtolen Goods, have good Reaſons to be liberal to thoſe they have dealt with, when in this Diſtreſs, ſo no Felons are here in Want, and reduced to the Allowance of the Priſon, but Novices and ſilly Creatures, that have the leaſt deſerved to be puniſh'd; whereas the Veteran Rogues, and ſuch as have been great Traders, are well provided for. This keeps them up in Debauchery; and many, after Condemnation, perſiſt in their riotous Courſes, and pampering their Bodies, whilſt the Care that is taken of their Souls is very mean. For ſuch is the Noiſe [18] and Confuſion all around them, that even the beſt diſpos'd have not ſufficient Opportunities to prepare themſelves for another World; and the Helps they receive in Spirituals are, all Things conſider'd, no better than the Ac⯑counts we have of them after every Seſſion.

CHAP. III. Of Execution Day, the Journey to Tyburn, and a Word in behalf of Anatomical Diſ⯑ſections.

WHEN the Day of Execution is come, among extraordinary Sinners, and Per⯑ſons condemned for their Crimes, who have but that Morning to live, one would expect a deep Senſe of Sorrow, with all the Signs of a thorough Contrition, and the utmoſt Concern; that either Silence, or a ſober Sad⯑neſs, ſhould prevail; and that all, who had any Buſineſs there, ſhould be grave and ſeri⯑ous, and behave themſelves, at leaſt, with common Decency, and a Deportment ſuita⯑ble to the Occaſion. But the very Reverſe is true. The horrid Aſpects of Turnkeys and Gaolers, in Diſcontent and Hurry; the ſharp and dreadful Looks of Rogues, that beg in Irons, but would rob you with greater Satisfaction, if they could; the Bellowings of half a dozen Names at a time, that are per⯑petually [19] made in the Enquiries after one ano⯑ther; the Variety of ſtrong Voices, that are heard, of howling in one Place, ſcolding and quarrelling in another, and loud Laughter in a third; the ſubſtantial Breakfaſts that are made in the midſt of all this; the Seas of Beer that are ſwill'd; the never-ceaſing Outcries for more; and the bawling Anſwers of the Tapſters as continual; the Quantity and Vari⯑eties of more entoxicating Liquors, that are ſwallow'd in every Part of Newgate; the Im⯑pudence, and unſeaſonable Jeſts of thoſe, who adminiſter them; their black Hands, and Naſtineſs all over; all theſe, joined together, are aſtoniſhing and terrible, without mention⯑ing the Oaths and Imprecations, that from every Corner are echo'd about, for Trifles; or the little, light, and general Squallor of the Gaol itſelf, accompany'd with the melancholy Noiſe of Fetters, differently ſounding, accor⯑ding to their Weight: But what is moſt ſhocking to a thinking Man, is, the Behavi⯑our of the Condemn'd, whom (for the great⯑eſt Part) you'll find, either drinking madly, or uttering the vileſt Ribaldry, and jeering others, that are leſs impenitent; whilſt the Ordinary buſtles among them, and, ſhifting from one to another, diſtributes Scraps of good Counſel to unattentive Hearers; and near him, the Hangman, impatient to be gone, ſwears at their Delays; and, as faſt as he can, does his Part, in preparing them for their Journey.

[20] At laſt, out they ſet; and with them a Tor⯑rent of Mob burſts thorough the Gate. A⯑mongſt the lower Rank, and working People, the idleſt, and ſuch as are moſt fond of ma⯑king Holidays, with Prentices and Journey⯑men to the meaneſt Trades, are the moſt ho⯑nourable Part of theſe floating Multitudes. All the reſt are worſe. The Days being known before-hand, they are a Summons to all Thieves and Pickpockets, of both Sexes, to meet. Great Mobs are a Safeguard to one another, which makes theſe Days Jubilees, on which old Offenders, and all who dare not ſhew their Heads on any other, venture out of their Holes; and they reſemble Free Marts, where there is an Amneſty for all Outlaws. All the Way, from Newgate to Tyburn, is one continued Fair, for Whores and Rogues of the meaner Sort. Here the moſt abandon'd Rakehells may light on Wo⯑men as ſhameleſs: Here Trollops, all in Rags, may pick up Sweethearts of the ſame Polite⯑neſs: And there are none ſo lewd, ſo vile, or ſo indigent, of either Sex, but at the Time and Place aforeſaid, they may find a Para⯑mour. Where the Croud is the leaſt, which, among the Itinerants, is no where very thin, the Mob is the rudeſt; and here, joſtling one another, and kicking Dirt about, are the moſt innocent Paſtimes. Now you ſee a Man, without Provocation, puſh his Companion in the Kennel; and two Minutes after, the Suffe⯑rer [21] trip up the other's Heels, and the firſt Aggreſſor lies rolling in the more ſolid Mire: And he is the prettieſt Fellow among them, who is the leaſt ſhock'd at Naſtineſs, and the moſt boiſterous in his Sports. No modern Rabble can long ſubſiſt without their darling Cordial, the grand Preſervative of Sloth, Je⯑neva, that infallible Antidote againſt Care and frugal Reflexion; which, being repeated re⯑moves all Pain of ſober Thought, and in a little Time cures the tormenting Senſe of the moſt preſſing Neceſſities. The Traders, who vent it among the Mob on theſe Occaſions, are commonly the worſt of both Sexes, but moſt of them weather-beaten Fellows, that have miſ-ſpent their Youth. Here ſtands an old Sloven, in a Wig actually putrify'd, ſqueez'd up in a Corner, and recommends a Dram of it to the Goers-by: There another in Rags, with ſeveral Bottles in a Basket, ſtirs about with it, where the Throng is the thinneſt, and tears his Throat with crying his Commodity; and further off, you may ſee the Head of a third, who has ventur'd in the Middle of the Current, and minds his Buſineſs, as he is fluc⯑tuating in the irregular Stream: Whilſt higher up, an old decrepit Woman ſits dreaming with it on a Bulk; and over againſt her, in a Soldier's Coat, her termagant Daughter ſells the Sots-Comfort with great Diſpatch. The intelligible Sounds, that are heard among them, are Oaths and vile Expreſſions, with [22] Wiſhes of Damnation at every other Word, pronounced promiſcuouſly againſt themſelves, or thoſe they ſpeak to, without the leaſt Al⯑teration in the Meaning.

As theſe undiſciplined Armies have no par⯑ticular Enemies to encounter, but Cleanlineſs and good Manners, ſo nothing is more en⯑tertaining to them, than the dead Carcaſſes of Dogs and Cats, or, for want of them, Rags, and all Trompery that is capable of imbibing Dirt. Theſe, well trampled in Filth, and, if poſſible, of the worſt ſort, are, by the Ringleaders, flung as high and as far as a ſtrong Arm can carry them, and commonly directed where the Throng is the thickeſt: Whilſt theſe ill-boding Meteors are ſhooting thro' the Air, the Joy and Satisfaction of the Beholders is viſible in every Countenance and Geſture; and more audibly expreſs'd by the great Shouts that accompany them in their Courſe; and, as the Projectiles come nearer the Earth, are turn'd into loud Laughter, which is more or leſs violent in Proportion to the Miſchief promis'd by the Fall. And to ſee a good Suit of Cloaths ſpoiled by this Piece of Gallantry, is the tip-top of their Di⯑verſion, which they ſeldom go home with⯑out enjoying: For tho' no People in their Senſes would venture among them on Foot, in any tolerable Dreſs, yet there are young Rakes of Fortune, who care not what they laviſh, or deſtroy: Of theſe the maddeſt ſort [23] will often, after a Night's Debauch, mix with Crowds, and thruſt themſelves in the midſt of the moſt abominable Rabble, where they ſeldom fail of meeting with ſuch Adven⯑tures.

Tho' before ſetting out, the Priſoners took care to ſwallow what they could, to be drunk, and ſtifle their Fear; yet the Courage that ſtrong Liquors can give, wears off, and the Way they have to go being conſiderable, they are in Danger of recovering, and, with⯑out repeating the Doſe, Sobriety would often overtake them: For this Reaſon they muſt drink as they go; and the Cart ſtops for that Purpoſe three or four, and ſometimes half a dozen Times, or more, before they come to their Journey's End. Theſe Halts always en⯑creaſe the Numbers about the Criminals; and more prodigiouſly, when they are very no⯑torious Rogues. The whole March, with e⯑very Incident of it, ſeems to be contrived on Purpoſe, to take off and divert the Thoughts of the Condemned from the only Thing that ſhould employ them. Thouſands are preſſing to mind the Looks of them. Their quondam Companions, more eager than others, break through all Obſtacles to take Leave: And here you may ſee young Villains, that are proud of being ſo, (if they knew any of the Malefactors,) tear the Cloaths off their Backs, by ſqueezing and creeping thro' the Legs of Men and Horſes, to ſhake Hands with him; [24] and not to loſe, before ſo much Company, the Reputation there is in having had ſuch a valuable Acquaintance. It is ineredible what a Scene of Confuſion all this often makes, which yet grows worſe near the Gallows; and the violent Efforts of the moſt ſturdy and re⯑ſolute of the Mob on one Side, and the po⯑tent Endeavours of rugged Goalers, and o⯑thers, to beat them off, on the other; the terrible Blows that are ſtruck, the Heads that are broke, the Pieces of ſwingeing Sticks, and Blood, that fly about, the Men that are knock'd down and trampled upon, are be⯑yond Imagination; whilſt the Diſſonance of Voices, and the Variety of Outcries, for dif⯑ferent Reaſons, that are heard there, together with the Sound of more diſtant Noiſes, make up a Diſcord not to be parallel'd. If we conſider, beſides all this, the mean Equipages of the Sheriffs Officers, and the ſcrubby Hor⯑ſes that compoſe the Cavalcade, the Irregu⯑larity of the March, and the Want of Order among all the Attendants, we ſhall be forced to confeſs, that theſe Proceſſions are very void of that decent Solemnity that would be required to make them awful. At the very Place of Execution, the moſt remarkable Scene is a vaſt Multitude on Foot, intermixed with many Horſemen and Hackney-Coaches, all very dirty, or elſe cover'd with Duſt, that are either abuſing one another, or elſe ſtaring at the Priſoners, among whom there is com⯑monly [25] very little Devotion; and in that, which is practis'd and diſpatch'd there, of Courſe, there is as little good Senſe as there is Melo⯑dy. It is poſſible that a Man of extraordi⯑nary Holineſs, by anticipating the Joys of Heaven, might embrace a violent Death in ſuch Raptures, as would diſpoſe him to the ſinging of Pſalms: But to require this Exer⯑ciſe, or expect it promiſcuouſly of every Wretch that comes to be hang'd, is as wild and extravagant as the Performance of it is commonly frightful and impertinent: Beſides this, there is always at that Place, ſuch a mix⯑ture of Oddneſſes and Hurry, that from what paſſes, the beſt diſpos'd Spectator ſeldom can pick out any thing that is edifying or mov⯑ing.

Here I muſt obſerve, that the Poſſibility of Pardons and Reprieves, that often come very late, and which, with or without Grounds, moſt Criminals continue to hope for, 'till they are hang'd, is another great Clog, that keeps attach'd to the World thoſe that are leſs aban⯑don'd, and more relenting than the Generality of them; and who, without that Hindrance, would, in all Probability, prepare themſelves for certain Death, which overtakes many whilſt they are ſtill doubting of it. The Or⯑dinary and Executioner, having performed their different Duties, with ſmall Ceremony, and equal Concern, ſeem to be tired, and glad it is over.

[26] The Tragedy being ended, the next En⯑tertainment is a Squabble between the Sur⯑geons and the Mob, about the dead Bodies of the Malefactors that are not to be hanged in Chains. They have ſuffer'd the Law, (cries the Rabble,) and ſhall have no other Barbari⯑ties put upon them: We know what you are, and will not leave them before we ſee them buried. If the others are numerous, and re⯑ſolute enough to perſiſt in their Enterprize, a Fray enſues: From whence I ſhall take an Opportunity of ſaving ſomething upon the Occaſion of it. I have no Deſign that ſavours of Cruelty, or even Indecency, towards a hu⯑man Body; but ſhall endeavour to demon⯑ſtrate, that the ſuperſtitious Reverence of the Vulgar for a Corpſe, even of a Malefactor, and the ſtrong Averſion they have againſt diſ⯑ſecting them, are prejudicial to the Publick: For as Health and ſound Limbs are the moſt deſirable of all Temporal Bleſſings, ſo we ought to encourage the Improvement of Phy⯑ſick and Surgery, wherever it is in our Pow⯑er. The Knowledge of Anatomy is inſepa⯑rable from the Studies of either; and it is al⯑moſt impoſſible for a Man to underſtand the Inſide of our Bodies, without having ſeen ſe⯑veral of them skilfully diſſected. Kings and Princes are open'd, and have their Hearts and Bowels taken out, and embalm'd. It is not then Ignominious, much leſs offenſive to the dead Body, which may be interred with as [27] much Decency, after Diſſection, as if it never had been touch'd. But ſuppoſe that many of our common Thieves were not to be bu⯑ried at all, and ſome of them made Skeletons; and that ſeveral Parts of others, variouſly prepared, ſhould be preſerved for the Inſtru⯑ction of Students? What if it was a Diſgrace to the ſurviving Relations of thoſe, who had Lectures read upon their Bodies, and were made uſe of for Anatomical Preparations? The Diſhonour would ſeldom reach beyond the Scum of the People; and to be diſſected, can never be a greater Scandal than being hanged. The Univerſity of Leyden in Hol⯑land have a Power given them by the Le⯑giſlature to demand, for this Purpoſe, the Bodies of ordinary Rogues executed within that Province; but, with us, it is the gene⯑ral Complaint of all Profeſſors of Anatomy, that they can get none to diſſect: Where then ſhall we find a readier Supply; and what Degree of People are fitter for it than thoſe I have named? When Perſons of no Poſſeſſions of their own, that have ſlipp'd no Opportunity of wronging whomever they could, die without Reſtitution, indebted to the Publick, ought not the injur'd Publick to have a Title to, and the Diſpoſal of, what the others have left? And is any Thing more reaſonable, than that they ſhould enjoy that Right, eſpecially when they only make uſe of it for commendable Purpoſes? What is done [28] for the common Good, every Member of the Society may, at one time or other, re⯑ceive an Advantage from; and therefore quarrelſome People, that love fighting, act very prepoſterouſly and inconſiſtent with their Intereſt, when they venture to have their Bones broke, for endeavouring to deprive Surgeons of the Means to underſtand the Structure of them.

CHAP. IV. Of the wrong Judgments that are paſs'd on the dying Behaviour of Malefactors.

HAVING finiſh'd the Picture I propo⯑ſed to draw of modern Executions, and the Crowds that uſually attend them, I ſhall make ſome Remarks on the Judgments that are commonly paſs'd on the dying Behaviour of our ordinary Felons. In a rich and po⯑tent Kingdom, where worldly Glory is not in Contempt, and to think meanly of our ſelves ſeldom taught by Example, whatever it may be by Precept, nothing is counted more provoking, or leſs to be born with Pa⯑tience, than to be called a Coward. The vileſt Rogues, and moſt deſpicable Villains, may own a thouſand Crimes, and often brag of the moſt abominable Actions; but there is ſcarce one, who will confeſs that he has no Courage. Our general Eſteem for Va⯑lour, [29] which is demonſtrable from what I have ſaid, as it is of great Uſe to a warlike Nati⯑on, is very commendable; and Fortitude ought ever to keep its Place amongſt the Cardinal Virtues: But the Notions which the Vulgar have of Courage, as well as Honour and Shame, are full of dangerous Errors. Compliments, as well as Reproaches, when ill applied, are often the Cauſes of great Miſ⯑chief; and I am perſuaded, that the Perverſe⯑neſs of Opinion now reigning amongſt us, both in applauding and diſcommending the Con⯑duct of Criminals in their laſt Hours, is an acceſſary Evil, that very much contributes to what is the Subject of our grand Complaint, the Frequency of Executions. To explain my ſelf on this Matter in the cleareſt Man⯑ner I am able, I beg leave to begin with it from the Bottom.

In all living Creatures, that fall under our Senſes, we perceive an Inſtinct of Self-Pre⯑ſervation; and the more ſenſible they are, the greater Averſion they diſcover to the Diſ⯑ſolution of their Being. Man, the moſt per⯑fect of them, ſets an ineſtimable Value on Life, and knows no Fear equal to the Hor⯑ror he has againſt Death. This is to be un⯑derſtood only of Man, in the State of Nature, before he has made Reflections on himſelf, and what he ſees of the Creation; but when, after that his Reaſon demonſtrates to him that there muſt have been a firſt Cauſe; that the [30] World is govern'd by an intelligent Being; that himſelf, a Compound of Soul and Body, is indebted to that Being for all he enjoys, and that there is a ſtrong Probability of a Life after this: When, moreover, he conſiders himſelf as incorporated in a Community of vaſt Numbers, that all together make one Bo⯑dy politick, the Welfare of which he finds univerſally eſteemed, as a Concern ſuperior to all others: When, I ſay, he finds and re⯑flects on all this, he plainly ſees, that the Fear of Death, muſt, on many Accounts, be pre⯑judicial to the publick Good and common Se⯑curity, in which he has a Share. It is a Vir⯑tue then to conquer it; and if we inſpect into the early Oeconomy of all Nations, we ſhall find, that the moſt powerful Motives made uſe of to induce Man to leſſen this Fear, and moderate the Fondneſs which Na⯑ture has given us of Life, had their Origin from Religion, or a publick Spirit; that is, in other Words, from a Repreſentation of his Duty either to God or his Country. Thus holy Martyrs have ſuffer'd with Fortitude for their Faith, and, in Confidence of eternal Happineſs, haſten'd to Death with Alacrity, and even rejoiced in the Midſt of Flames. And thus there have been valiant Men, in all Ages, that have expoſed themſelves to the greateſt Hazards, in Defence of their Laws and Liberties, and, animated by a zealous Love for their Country, ſacrific'd their Lives [31] to the publick Welfare. As Men of this Sort have every where deſervedly gained the general Applauſe, and the Virtue they are poſſeſs'd of has been honoured by the Name of Courage; ſo, on the contrary, the Fearful and Puſillanimous, that ever prefer their own Safety to all other Conſiderations, and are therefore never to be relied upon, are as juſtly deſpis'd, and the ignominious Word, by which we reproach the Vice that enſlaves them, is Cowardice.

From what has been ſaid it is evident, that the original Reaſon why Courage is general⯑ly eſteemed, is, becauſe it is taken for grant⯑ed, that both the Principle we act from, and the End we labour for in conquering our Fears, are praiſe-worthy, and have a viſible Tendency, either to the Good of others, or our own ſpiritual Felicity. Nothing, there⯑fore, is more unjuſt, than that we ſhould con⯑tinue our Eſteem for Valour when it degene⯑rates, and both the Motive Men ſet out with, and the Scope they aim at, are palpably de⯑ſtructive. Anger, Pride, Envy, and ſeveral other Paſſions, are capable of ſubduing Fear. But, as theſe Principles are evil in themſelves, ſo it is impoſſible that the End to be obtain'd by them ſhould be commendable. What perverſe and miſerable Judges are we then, that applaud a Perſon's Intrepidity in fighting a Duel, when in the Act itſelf, we ſee him willfully violate the Laws of God and Man? [32] But ſhould human Honour here break in upon me, and my Reaſoning, how right ſo⯑ever, be overpower'd by the irreſiſtable Cla⯑mour of the faſhionable World, what can be ſaid for the ſenſeleſs Intimidity of a vulgar Rogue, who not only profeſſes an utter Diſ⯑regard to Honour and Conſcience, but has likewiſe, at his firſt Setting out, as a Preli⯑minary to his Buſineſs, diſclaim'd all Preten⯑ces to common Honeſty? Why ſhould we delight in the Intrepidity, tho' it was real, of a Villain in his Impiety? Why ſhould Chri⯑ſtians be pleaſed to ſee a great Sinner give up his Ghoſt impenitent; or imagine that he dies bravely, becauſe he bids Defiance to Heaven, and boldly plunges himſelf into an Abyſs of eternal Miſery? Yet nothing is more common amongſt us: And the further a Man is removed from Repentance, nay, the more void he ſeems to be of all Religion, and the leſs Concern he diſcovers for Futu⯑rity, the more he is admired by our ſprightly People: Whereas, he who ſhews but the leaſt Sorrow for his Sins, or, by his Tears, or Diſmality of Geſtures, lets us know that he is under Apprehenſions of the divine Wrath, is a weak ſilly Creature, not worth looking at: And he only, in the Opinion of many, dies like a Man, who, in reality, goes off moſt like a Brute. But ſome of my Readers, per⯑haps, will have nothing to do with Chriſtia⯑nity. Suppoſe, then, we lay by that Conſi⯑deration; [33] I grant, that to ſubdue the Terrors of Death is a manifeſt Token of Intrepidity, and promiſe to pay Homage to true Courage whereſoever I can meet with it; only let us not be impoſed upon, but try the Valour of this undaunted Hero, whether it be genuine. No Man can conquer the Fear of Death, but by ſomething ſuperior to it: What is the Power that ſupports him in the Conflict, and what Principle does he act from? It is not his Innocence, for his Guilt is publick, and his Crimes are proved upon him. It is not Zeal for Religion, nor the Love of his Country: He pretends to neither. Yet it muſt be ſome mighty Principle of vaſt Force and Ef⯑ficacy; for if he acts conſiſtently, he deſpiſes not only Death, but the Wrath of Omnipo⯑tence, and a Puniſhment juſt at Hand, that ſhall be everlaſting. Will you ſay that he firmly believes that there is no God, nor Life after this, and that Man is wholly mortal? Suppoſe it; that's no Support againſt Death itſelf: But look narrowly into him, and you will alter your Opinion, even as to that. The Enthuſiaſm of Atheiſts has other Symp⯑toms; deplorable as it is, the Appearance of it is more ſedate, and they make ſome Pre⯑tences to Reaſoning: But what Probability is there, that a poor Raſcal, who was brought up in Ignorance, and perhaps cannot read, one who never troubled his Head with think⯑ing, much leſs with thinking on abſtruſe Mat⯑ters, [34] and Metaphyſicks, ſhould ſo far loſe him⯑ſelf in the Mazes of Philoſophy, as to be⯑come a ſpeculative Atheiſt.

Since, then, we can find no Principle from which it is poſſible a common Villain ſhould derive his Undauntedneſs, it is evident that what we ſee is ſpurious, and the Bravery we admire only counterfeited, and falſe at Bot⯑tom. The Terror of Death inwardly excru⯑ciates him; But his Fear of ſhewing this, of being called a Coward, and laugh'd at by his Companions, has ſome Command over his outward Appearance; therefore, (not to be found out,) ſometimes he ſwears or ſcoffs at Religion; at others he mixes forc'd Laugh⯑ter with the vileſt Language, and trys all the Strength of Brutality to keep down a ſtrug⯑gling Conſcience, and appear more atheiſtical and obdurate than, to his Sorrow, he feels himſelf to be. But his Impudence would ſoon fail him, and his inexhauſtible Stock be but a weak Match for the Agonies he ſuffers, if he took not Refuge in ſtrong Liquors. Theſe are his only Support, and Drunkenneſs the Cauſe of his Intrepidity. Should I be told, that in many of them no Signs are ſeen ei⯑ther of Fear or Ebriety, it would be of no Force againſt my Aſſertion: As great Fear ſinks, ſo hard Drinking raiſes the Spirits: They are two Enemies, that, when equally match'd, may, by mutual Conflict, eaſily diſarm and hinder the Operations of each other. Let a [35] curious Obſerver mind the continual Chang⯑es of the Priſoner's unſettled Behaviour, the wild Manner of his Actions, and, above all, the greedy Haſte, with which he throws down every Thing potable and intoxicating, and he will ſoon perceive that our Sham-Hero drinks neither with Comfort, nor for Pleaſure, and ſeems to expect no other Be⯑nefit from it, than that it may take away his Senſes, and hinder him from thinking. Are not they fine Judges, who are impoſed upon by ſuch puſillanimous Wretches, that are ſo far from having conquer'd the Fear of Death, that they go out of the World without hav⯑ing ever dared one Moment ſoberly to think of it; and of whom it can only be ſaid, that they died hard and unmov'd, becauſe they were ſenſeleſs, and with the Courage of a Stone ſuffer'd themſelves, without Thought, to drop into Eternity?

The Miſchief that theſe Patterns of Impe⯑nitence, together with the Applauſe that is given them, muſt produce in a vaſt and opu⯑lent City, will appear from the following Con⯑ſideration. It is neceſſary to the publick Peace and Security, that Burglary, Robbing in the Streets, or on the Highway, and all thoſe Crimes where Violence is mix'd with Injuſtice, ſhould be capitally puniſh'd: But conſidering on the one hand, how much more prone Men are to Eaſe and Pleaſure, than they are to Induſtry and Labour; and, [36] on the other, the Generality of human Wants, and the unequal Diſtributions of Fortune to ſupply them, it muſt be acknowledg'd, that where Men are without Shame and Educati⯑on, and conſequently not affected with the Ties either of Honour or Religion, Poverty itſelf is a ſtrong Temptation to Thieving, when Opportunities offer. The greateſt Cha⯑rity, therefore, and Compaſſion we can ſhew to our Fellow-Creatures, is an extraordinary Severity, and never-ceaſing Watchfulneſs in a Government againſt the firſt Approaches of Diſhoneſty. It is with this View that the Proviſion of the Legiſlature, that ſuch Offen⯑ders ſhould be puniſh'd with Death, is to be vindicated; tho' the Puniſhment is greater than the Laws, framed by God himſelf for the Jewiſh Commonwealth, inflicted; or what natural Juſtice, proportioning the Pu⯑niſhment to the Crime, ſeems to require: For it is not the Death of thoſe poor Souls that is chiefly aim'd at in Executions, but the Terror we would have it ſtrike in others of the ſame looſe Principles: And, for the ſame Reaſon, theſe Executions are little better than Barbarity, and ſporting away the Lives of the indigent Vulgar, if thoſe valuable Sacrifices we are obliged to make to the publick Safe⯑ty, are render'd inſignificant. If no Remedy can be found for theſe Evils, it would be bet⯑ter that Malefactors ſhould be put to Death in private; for our publick Executions are [37] become Decoys, that draw in the Neceſſitous, and, in effect, as cruel as frequent Pardons; inſtead of giving Warning, they are exam⯑plary the wrong Way, and encourage where they ſhould deter. The ſmall Concern, and ſeeming Indolence of the Condemn'd, har⯑den the Profligates that behold them, and con⯑firm to them, by ocular Demonſtration, what they encourage one another with in viler Lan⯑guage, (low, as it is, permit me to mention it,) That there is nothing in being hang'd, but awry Neck, and a wet pair of Breeches.

CHAP. V. Of Regulations concerning FELONS in Pri⯑ſon, and the good Effects to be expected from them.

WHAT has been ſaid in the foregoing Chapters, in relation to common Fe⯑lons, has pointed at the evil Cuſtoms, Mis⯑managements, and perverſe Opinions, that prevail amongſt us. I ſhall now conclude what I propoſed to publiſh on this Subject with of⯑fering ſome Propoſals towards a better Uſage of them in Priſon; and the good Effect ſuch Alterations, in all Probability, would pro⯑duce. All which, without Arrogance or Pre⯑ſumption, I ſubmit to better Judgment.

Firſt, I would have every one of the Male⯑factors lock'd up by himſelf; and they ſhould [38] 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 na⯑ked Hands; and, to prevent all Hopes of breaking Goal, I would have it a Cuſtom made, to ſearch, ſuſpected or not, all Priſon⯑ers, 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 Conveni⯑encies, 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 ob⯑tain'd. This Time elaps'd, they ſhould have one Day to bid farewell to Friends and Re⯑lations: 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 [39] 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 ob⯑ſerve, 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 nar⯑row 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 Coun⯑tries, beyond Sea, the Miniſters of the Na⯑tional 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 incapaci⯑tates: and was a Man, even of the greateſt Prudence and Watchfulneſs over himſelf, al⯑ways to converſe with Rogues, and do no⯑thing 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 [40] 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 num⯑ber of dead Bodies, not under ſix, ſhould be allowed to Phyſicians and Surgeons, for Ana⯑tomical Uſes, not to be made choice of till after Death, in ſuch a Manner, that no Fe⯑lon 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 Neceſ⯑ſity 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 Pri⯑ſon here mentioned, as the moſt conſiderable Part of the Puniſhment they were to ſuffer; though, I confeſs, that what I have in View bythis low Diet, chiefly regards the eternal [41] Welfare of thoſe unhappy People, as it would be inſtrumental to an early Repentance. When, free from Fumes of Food, and all intoxica⯑ting Comforts, the ſerious Thoughts of a Cri⯑minal 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 him⯑ſelf expoſed to gazing Multitudes, there met on purpoſe to feed their Curioſity at his Ex⯑pence; when the Paleneſs of his Counte⯑nance, 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 [42] Hearts of the Beholders: When ſeated on the ignominious Cart, by his reſtleſs Poſture, the Diſtortion of his Features, and the conti⯑nual wringing of his Hands, he ſhould diſ⯑cloſe 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 tho⯑roughly would the Concurrence of ſo many ſtrong Evidences convince us of the Pangs, the amazing Horror, and unſpeakable Ago⯑nies of his excruciated Soul!

Common Stubbornneſs and Stupidity could not be Proof againſt all this; and the Licen⯑tious Rabble of both Sexes, that make now the moſt conſiderable part of thoſe diſmal Proceſſions, would not attend in ſuch tu⯑multuous 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 Per [...]ents, 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 [43] 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 leſ⯑ſer Sinners, on whom, in all Probability, they would have a more deſirable Effect. It is not to be expreſs'd, what laſting and uſeful Im⯑preſſions 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 ha⯑ving preſerved them hitherto from falling into ſuch Crimes; even the Voluptuous, that in the Enjoyment of Youth and Vigour, are ena⯑mour'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 Treat⯑ment I have requir'd, and by this Means, un⯑diſturb'd by earthly Cares, have Leiſure, in [44] ſober Sadneſs, to review their paſt Life, and examine into the Multitude, as well as Enor⯑mity of their Offences; then, after thorough Contrition, and an open Confeſſion in Behalf of Juſtice, animated by Faith, betake to con⯑ſtant Prayer; we ought to believe that thus exerting themſelves in the Work of Salvati⯑on, 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 Aſſu⯑rance of Forgiveneſs. What a viſible Alte⯑ration 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 Neigh⯑bour, how would it rouze their Souls, and how eager would it not render them, in the [45] moſt profitable Manner, to ſpend the ſmall Remains of Life! Sometimes they would de⯑ter the wicked and in the ſame Breath ſoli⯑cite Heaven for their Converſion: At others, reaſoning from the Changes they had expe⯑rienced 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 Mi⯑ſery they had been plunged in, whilſt yet la⯑bouring under the dire Reflection on eternal Vengeance; And thus, mixing fervent Pray⯑ers 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 ſhive⯑ring 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 Aſtoniſh⯑ment would it not fill us, to behold the ſame Creature, near the fatal Tree, become lively, glow with Zeal, and, in Strength of Voice [46] and Action, excell the moſt vigorous Preach⯑ers! All this we might expect; and that thoſe of Wit and Genius, as certainly there are a⯑mong them, would often light on new and con⯑vincing 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 Re⯑pentance on their Hearers. It is Stupidity to doubt the vaſt Uſe ſuch Executions would be of, to compaſs Happineſs both here and here⯑after; 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 long⯑er 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 [47] ſubſtituted, and inflicted in the room of ca⯑pital 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 Tranſ⯑porting 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 pow⯑erful 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 for⯑ced to ſtay, do very little Service themſelves, and ſpoil the other Slaves, teaching the Afri⯑cans 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 Eng⯑land, and are to ſerve Engliſh Men, their Co⯑lour, as well as Country and Language, plead for them; and the Maſters that complain of [48] them, are to blame themſelves for treating them with leſs Severity than they do the in⯑nocent, as well as unfortunate Blacks, and more remiſly than they ought, if they conſi⯑der'd that theſe Country Men of theirs are ſent thither on purpoſe to work, and are con⯑demn'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 Cri⯑minals 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 unexceptiona⯑ble; for it would effectually prevent the re⯑turning of the Felons, make them ſervicea⯑ble in the moſt extraordiary Manner, and, at the ſame Time, be terrible beyond Ex⯑preſſion. 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 mi⯑ſerable Servitude. Should it be objected, that ſuch abandon'd People would turn Mahome⯑tans, and our ſelves become acceſſary to their eternal Ruin, I would ask what Surety we had for thoſe that were there already. A⯑mongſt our Seafaring Men, the Practice of Piety is very ſcarce: Abundance of them [49] lead very bad Lives, who yet, as to the Love of their Country, and the Meum & Tuum, are very honeſt Fellows. There are not ma⯑ny 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 incorrigi⯑ble Rogues for brave, laborious, and uſeful People. It would be no difficult Matter to enter into Negotiations with the ſeveral Pow⯑ers 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 vo⯑luntary Obedience from them. If bought Ser⯑vants are able, Maſters there have ſure Ways to make them work. They laugh at Stubbor⯑neſs and refractory Spirits, and their ſteady Se⯑verity is a ſovereign Remedy againſt Sloth, [50] 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 ſtur⯑dy 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 Ex⯑changes 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 Bon⯑dage, the more reaſonable it is, that the Guilty ſhould ſuffer it rather than the Inno⯑cent. It is unpardonable not to deliver from the Yoke of Infidels, when it is in our Pow⯑er, our Fellow Subjects, whom we have no Complaint againſt. When ſufficient Sums cannot be rais'd to redeem them with Mo⯑ney, what ſhould hinder us from doing it at the Expence of Miſcreants, whom it is In⯑juſtice [51] not to puniſh, and who, out of Chains, cannot be otherwiſe than noxious to the Pub⯑lick? If this be duly weigh'd, I doubt not, but what, at firſt, ſeems to be the greateſt Objection to this Propoſal, would, on fur⯑ther 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 Mer⯑chant 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 una⯑voidable Sobriety in Priſon, with the other Preparations before Detah, and the Journey from Newgate to Tyburn, without Hopes of Pardon or Reprieve, would ſtrike great Ter⯑ror [52] 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 endeavour'd it; and from Tranſ⯑portation 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 Pro⯑bability of Return, the Country of the Ver⯑min 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 Op⯑portunity 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, induſtri⯑ous [53] 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 Com⯑merce 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 Redemp⯑tion of unfortunate Captives with their Pur⯑ſes; but that among Chriſtians, free-born Subjects ought never to be made Slaves for a⯑ny 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 Vil⯑lains. But theſe are Roman Catholick Coun⯑tries, and arbitrary Kingdoms: Of Holland you can ſay neither, and yet the great Ci⯑ties 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 per⯑form, [54] 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 dif⯑ferent, 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 con⯑ſiderable 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 Acci⯑dents, [55] 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 Bri⯑tiſh Nation; yet, as they are our Country⯑men, 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 wor⯑thy 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 Pro⯑viſion 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.