Chapter XX: Act 32: Geo. III. cap. 53. and continued for 5 years by 36 (3)

A Court of Record, held by the Justices of the
City and Liberty of Westminster, four
times a year, at the Guildhall, Westminster,
for all Trespasses, Petty Larcenies, and
other small Offences, committed within the
City and Liberty

Westminster Court

Or Court Leet, held by the Dean of Westminster
or his Steward, for choosing parochial
Officers, preventing and removing
Nuisances, &c.

Court of Requests,
Castle-street, Leicester-square

Held by Commissioners (being respectable
Housekeepers) for deciding without appeal,
all Pleas for Debts under forty shillings.
For the parishes of St. Margaret, St. John,
St. Martin, St. Paul Covent Garden, St.
Clement Danes, St. Mary le Strand, and
that part of the Dutchy of Lancaster which
joins Westminster

Court of Requests,
Vinestreet, Piccadilly

Held in the same manner, and for the same
purposes; for the parishes of St. Anne,
St. George Hanover-square, and St. James,
Westminster

Petty Sessions, or Police Court,
held at Bow-street

A Court of Petty Sessions, held by two Magistrates
every day, (Sunday excepted) morning
and evening, for matters of Police, and various
Offences, and Misdemeanors, &c.

Police Court or Petty Sessions,
held at Queen-sq. Westminster

A Court of Petty Sessions established by Act
of Parliament, held every day, morning &
evening, (Sunday excepted) by two Magistrates,
for matters of Police, and various
Offences, Misdemeanors, &c.

Police Court, or petty Sessions,
held at Great Marlborough-str.

The same.

Courts of Justice in that part of the Metropolis,
which lies within the County of Middlesex.

St. Martins-le-Grand Court

_A Court of Record_, subject to the Dean and
Chapter of Westminster, held every Wednesday,
for the trial of all personal Actions.
The process is by a Capias against the body,
or an Attachment against the goods in this
particular Liberty

East Smithfield Court

A Court Leet and Court Baron, held for this
Liberty, to inquire into Nuisances, &c.--In
the Court Baron Pleas are held to the
amount of forty shillings

Finsbury Court

A Court Leet held once a year, by a Steward
of the Lord-Mayor, as Lord of the Manor of
Finsbury, for inquiring into those Nuisances
competent for Leet Juries, by ancient usage,
and swearing in Constables for the Manor

St. Catherine's Court

Two Courts are competent to be held within
this small Precinct, for Actions of Debt and
Trespass, at St. Catherine's near the Tower

Whitechapel Court

A Court held by the Steward of the Manor of
Stepney, by whom, and a Jury, are tried Actions
of Debt for 5_l._ and under, &c. &c.

Sheriff's Court

For the County of Middlesex, for Actions of
Debt, Trespasses, Assaults, &c.

Quarter and General sessions
of the Peace, and Sessions of
Oyer and Terminer

Held by the Justices of the County of Middlesex,
eight times a year, at the New Sessions
House, Clerkenwell Green, for all
Trespasses, Petty Larcenies, Misdemeanors,
and other offences, &c. and for Roads,
Bridges, and other County Affairs

Petty Sessions or Police Court,
established by Act of Parliament

A Court of Petty Sessions, held every morning
and evening, (Sunday excepted) by two
Magistrates, at the Public Office, in Hatton
Garden, for matters of Police and various
Offences, Misdemeanors, &c.

Petty Session, or Police Court

At the Public Office, Worship-street, near
Finsbury-square, by two Justices, for objects
of Police, &c.

_Idem_

At the Public Office, Lambeth-street, Whitechapel

_Idem_

At the Public Office, High-street, Shadwell

Two Coroner's Courts

For inquiring into causes of sudden death

Court of Requests

Small debts under 40_s._ without appeal,
held in Fulwood's Rents, Holborn, for the
Division of Finsbury

Court of Requests

For small debts under 40_s._ without appeal,
held in Osborn-street, Whitechapel, by
Commissioners, under the Act of Parliament,
chosen annually by the several Parishes
in the Tower Hamlets

General and Quarter Sessions of the
Peace for the Liberty of the Tower of London.

Held by the Justices of that Liberty,
8 times a year for Petty Larcenies,
Trespasses, Felonies, and Misdemeanors,
&c. within that particular District

Courts of Justice in the Borough
of Southwark, Surry.

Court of Record

Held at St. Margaret's Hill, Southwark, by
the Lord-Mayor's Steward, for Actions of
small Debts, Damages, Trespass, &c.

Court of Record

For the Clink Liberty, held near Bankside,
in Southwark, by the Bishop of Winchester's
Steward, for Actions of Debt, Trespass, &c.
within that Liberty

Marshalsea Court

A Court of Record (or the Court of the Royal
Palace) having jurisdiction 12 miles round
Whitehall (exclusive of the City of London)
for actions of Debts, Damages, Trespasses,
&c. and subject to be removed to a higher
Court of Law, when above 5_l._

Court of Requests

For the recovery of small Debts under 40_s._
without appeal, held at St. Margaret's Hill,
by Commissioners chosen under the Act of
Parliament, by the different Parishes

Coroners' Court

To inquire into causes of sudden Death--in
Southwark, &c.

Quarter Sessions of the Peace

Held by the Lord-Mayor and Aldermen, at
St. Margaret's Hill, for the Borough of
Southwark

Quarter Sessions of the Peace
for the County of Surry

Held at the New Sessions House in
Southwark, by the Magistrates of the
County of Surry

Petty Sessions, or Police Court,
established by Act of Parliament

A Court held every morning and evening
by two Justices, at the Public Office, Union
Hall, Union-street, Southwark, for Objects
of Police, &c.

PRISONS _in the_ METROPOLIS.

1. King's Bench Prison, for Debtors on Process or Execution in the
King's Bench, &c. St. George's Fields

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

For the City of London.

3. Ludgate Prison, Bishopsgate-street

4. Poultry Compter, in the Poultry

5. Giltspur-street Compter, Giltspur-street

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

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

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

9. Whitechapel Prison for Debtors in the five pound court

10. Savoy Prison for Deserters and Military Delinquents

Houses of Correction.

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

12. Tothill Fields Bridewell--Tothill Fields

13. Spa Fields Penitentiary House

14. New Bridewell in the Borough of Southwark

15. County Gaol for Surry in the Borough of Southwark

16. Clink Gaol, in ditto

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

18. New Gaol, in the Borough.

Nothing, perhaps, can manifest, in a greater degree, the increased commerce and population of the Metropolis of the Empire, than the following summary detail of the different classes of professional men connected with the various departments of the Law.

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

9 Supreme Courts; to which are attached 270 officers[183]
4 Ecclesiastical Courts 54 do.
18 Inferior Courts for small Debts 146 do.
1 Court of Oyer and Terminer, and Gaol Delivery 27 do.
4 Courts of General and Quarter Sessions of the
Peace 46 do.
10 Courts and Petty Sessions for purposes of
Police 190 do.
5 Coroners' Courts 20 do.
---
753

King's Serjeants, Attorney and Solicitor General,
and King's Advocate 8
Serjeants at Law 14
Doctors of Law 14
King's Counsel 25
Masters in Chancery 10
Barristers at Law 400
Special Pleaders 50
Proctors in Doctors' Commons 50
Conveyancers 40
Attorneys at Law in the different Courts 1,900
Clerks, Assistants, and others, estimated at 3,700
Notaries Public 36
-----
Total about 7,000

[Footnote 183: See for some further particulars the 27th Report of the Finance Committee.]

It is impossible to contemplate this view of a very interesting subject, without being forcibly struck with the vast extent of the wealth and commercial intercourse of the Country, which furnish advantageous employment for such a multitude of individuals in one particular profession. Every good man, and every lover of his country, must anxiously wish that the advantages may be reciprocal; and that men of talents, integrity, and ability, in the profession of the Law, while they extend their aid to the removal of those evils which are a reproach to the criminal jurisprudence of the Country, would also assist in procuring the removal of the inconveniences at present felt in the recovery of small debts. This is peculiarly irksome to every well-disposed person, who, in the course of business, having transactions with the mass of mankind, cannot avoid frequently meeting with bad or litigious characters, by whom disputes are unavoidably generated.

According to the prevailing System, if the debt exceeds 40_s._ the action may be brought in a superior Court, where, if contested or defended, the expence, at the lowest computation, must be upwards of fifty pounds. Prudent men, under such circumstances, will forego a just claim upon another, or make up a false one upon themselves, as by far the least of two evils, in all cases where they come in contact with designing and bad people; and hence it is, that the worthless part of mankind, availing themselves in _Civil_ as others do in _Criminal Cases_, of the imperfections of the Law, forge these defects into a rod of oppression, either to defraud the honest part of the Community of a just right, or to create fraudulent demands, where no right attaches; merely because those miscreants know that an action at Law, even for 20_l._ cannot either be prosecuted or defended, without sinking three times the amount in Law expences; besides the loss of time, which is still more valuable to men in business.

To convince the Reader that this observation is not hazarded on weak grounds, and that the evil is so great as to cry aloud for a remedy, it is only necessary to state, that in the County of Middlesex alone, in the year 1793, the number of bailable writs and executions, for debts from _Ten_ to _Twenty_ pounds, amounted to no less than 5,719, and the aggregate amount of the debts sued for was the sum of L.81,791.

It will scarcely be credited, _although it is most unquestionably true_, that the mere costs of these actions, although made up, and not defended at all, would amount to 68,728_l._--And if defended, the aggregate expence to recover 81,791_l._ must be--(_strange and incredible as it may appear_), no less than 285,905_l._! being considerably more than three times the amount of the debts sued for.

The mind is lost in astonishment at the contemplation of a circumstance, marking, in so strong a degree, the deficiency of this important branch of the jurisprudence of the Country.

Through this new medium we discover one of the many causes of the increase of crimes.--And hence that caution which men in business are compelled to exercise (especially in the Metropolis), to avoid transactions with those who are supposed to be devoid of principle.

Whenever the Laws cannot be promptly executed, at an expence, that will not restrain the worthy and useful part of the Community from the following up their just rights, bad men will multiply. The morals of the People will become more and more corrupted, and the best interests of the State will be endangered.

In a political as well as in a moral point of view, it is an evil that should not be suffered to exist; especially when it can be demonstrated, that a remedy may be applied, without affecting the pecuniary interest of the more reputable part of the Profession of the Law, while it would unquestionably produce a more general diffusion of Emolument.

If, instead of the various inferior Courts for the recovery of debts, (exclusive of the Courts of Conscience) which have been mentioned in this Chapter, and which are of very limited use on account of appeals lying in all actions above 5_l._--the Justices, in General Sessions of the Peace, _specially commissioned_, were to be empowered to hear and determine _finally, by a Jury_, all actions of debt under 50_l._ and to tax the Costs _in proportion to the amount of the Verdict_, great benefits would result to the Public. _At present, the rule is to allow the same cost for forty shillings as for ten thousand pounds!_[184]--It depends only on the length of the pleadings, and not on the value of the action.

[Footnote 184: The following authentic table, divided into four Classes, will shew in forcible colours, the evils which arise from there being no distinction between the amount of the sum to be recovered in one action and another, in settling the costs. In the county of Middlesex, in the year 1793, the actions for recovering debts stood thus:

Classes.
| |Number of Writs.
| | |of which Bailable.
| | | |Executions.
| | | | |Costs of Actions
| | | | |undefended at 12_l._ each.
| | | | | |Costs of Actions
| | | | | |defended at 50_l._
| | | | | |each.
| | | | | | |Net Amount
| | | | | | |of Debts
| | | | | | |sued for
| | | | |L. |L. |L.
1|from 10 to 20_l._| 5,719| 4,966| 753| 68,728|285,950| 81,791
2| 20 to 30_l._| 2,267| 1,878| 389| 21,090|113,350| 85,675
3| 30 to 100_l._| 4,367| 2,492|1,875| 52,404|238,350| 237,358
4| L.100 & upw. | 2,324| 1,769| 555| 27,160|116,200|1,010,379
| +------+------+-----+-------+-------+---------
| |14,677|11,105|3,572|169,382|753,850|1,385,203

Thus it appears, that upwards of one million of money, in the 4th class, is recovered at considerably less than half the expence of 81,791_l._ in the 1st class.]

Humanity, Justice, and Policy, plead for an improvement of the System; more particularly when it is recollected that, between _Six_ and _Seven Thousand_ unfortunate persons are arrested annually on _mesne process_ in Middlesex alone, one half of whom are for debts _under twenty pounds_. In the kingdom at large, the number is not less than _Forty Thousand_ for trifling debts in the course of a year!--The unavoidable expence, therefore, at the lowest computation, is a most grievous burden, which on many occasions, sends both the plaintiff and defendant to a gaol, for the Attorney's bills, to the total ruin of themselves, and often to the destruction of their families.

The Evil, in this view, is exceedingly prominent.--It involves in it consequences which trench upon the best interests of the Country. The Mischief increases, unperceived by the people at large, and Remedies are not applied; because few men will subject themselves to investigations of great labour, without which facts are not to be obtained; and without facts it is impossible to reason with accuracy, or to draw just conclusions upon any subject.

It will be found upon inquiry, that the miseries of a gaol, by which the inferior orders of the people are often punished, do not so frequently attach to the worthless and profligate part of the Community, as to those who have been useful members of the State--Like the adroit thief, encouraged to proceed by many escapes, Knaves are seldom victims to the severity of the Law.--The Innocent, and often the Industrious, unskilled in the tricks and artifices which bad men pursue to rid themselves of incumbrances, (for which there is abundant resource in the chicane of the Law;) are generally the sufferers.

To incarcerate one member of the body politic, whose misfortunes and losses may have arisen from giving credit to another, who is relieved by a Commission of Bankrupt,[185] because his debts amounted to more than 100_l._ seems not well to accord with Justice, Humanity, or State Policy. It debases the minds of thousands whose conduct never deserved such a fate--who were from the nature of their dealings, _although small_, entitled upon the principle adopted by the Legislature, to the same relief which is extended to the higher classes by whom they often suffer--and sometimes too by the most worthless and depraved.--While no good can arise from their confinement, it is thus rendered infinitely more severe than that, which is, in many instances, inflicted on criminal offenders.--Their labour is lost to the Community.--Their families are neglected--and perhaps reared up in vice and idleness to become Nuisances in that Society, of which they might have been virtuous and useful Members.

[Footnote 185: It is to be observed, that the Debtors comprised, in the first three classes mentioned in the foregoing note, page 587, are generally the objects of imprisonment; while the bankrupt-laws relieve the fourth, the insolvency of which class generally produces the distress of the other; who must languish in a gaol and suffer a severe punishment, although it is clear to demonstration, that the Debtor for _ninety-nine_ pounds is equally an object of commiseration as another whose debt amounts to _one hundred_; and almost in the same degree subject to accident and misfortune.

Under a System so contrary to reason, and so shocking to humanity, too much praise cannot be bestowed on the founders and supporters of the excellent Institution for the relief of honest, industrious persons imprisoned for small debts. The immense number relieved by this benevolent Society, who have appeared upon inquiry not to have brought misfortunes upon themselves by imprudence, is one of the strongest proofs that can be adduced of the imperfection of the laws; which are tacitly acknowledged to be erroneous, in the case of every person who is discharged by the bounty of the Public.]

This, therefore, is a most important branch of what may be called _Civil Police_, highly deserving the attention of the Legislature; because it is not only contrary to Reason, but pregnant with evils which tend to the increase of crimes in a greater degree than is generally supposed.

The extensive and growing intercourse in commercial dealings, and the diffused state of property must, of course, progressively, increase the number of Appeals to Courts of Justice, even under the present System; till at length the duty of the Judges (infinitely more extensive than their predecessors experienced, and increasing every day,) will so multiply, as to render it an act of great cruelty and injustice, not to ease them of the unreasonable labour arising from small Law-suits.

The same reasoning applies to the Members of the Executive Government. As we advance in riches, population, and crimes, the management of the Country becomes more complicated. The labour attached to the higher departments of the State of all descriptions is infinitely greater than a century ago; and yet there is no increase in the number of the first executive responsible officers.--This, (although it has not heretofore attracted notice), when duly considered, will be found to be a very serious misfortune.

The mind, however active or enlightened, can only compass certain objects. It requires relaxation; it cannot always be upon the stretch.--There is a point beyond which human exertion cannot go--and hence the necessity of the division of labour, in proportion to the increase of responsible public duty. Wherever this does not take place, the Country suffers; an unreasonable burden attaches, by which means matters of great consequence to the Community must be overlooked, because it is impossible to compass every thing.

Having thus briefly explained that branch of the Police of the Capital which is connected with the department of the Law, together with some of the most prominent features of abuse, which have grown out of the present System; as well as the Remedies which have occurred, as apparently best calculated to remove these accumulating evils. It remains now to bring under the review of the Reader, the various _Municipal Regulations_, which have been established for the comfort, accommodation, and convenience of the inhabitants; and the means used in carrying them into execution.

The Metropolis of the Empire having been extended so far beyond its ancient limits;--every parish, hamlet, liberty, or precinct, now contiguous to the Cities of _London_ and _Westminster_, may be considered as a separate Municipality, where the inhabitants regulate the Police of their respective districts, under the authority of a great variety of different Acts of Parliament; enabling them to raise money for paving the streets, and to assess the householders for the interest thereof, as well as for the annual expence of _watching, cleansing, and removing nuisances and annoyances_. These funds, as well as the execution of the powers of the different Acts, (excepting where the interference of Magistrates is necessary) are placed in the hands of Trustees, of whom in many instances, the Church Wardens, or Parish Officers for the time being, are Members _ex officio_; and by these different Bodies, all matters relative to the immediate safety, comfort and convenience of the inhabitants are managed and regulated.

These Regulations, however, are mostly founded upon Statutes made in the last and present Reign.

The Act of the 2d of William and Mary, cap. 8, for paving, cleansing, &c. within the City and Liberties of _Westminster_, and the Bills of Mortality, not having been found applicable to modern improvements, new regulations became necessary; and an incredible number of private Statutes applicable to the different Parishes, Hamlets, and Liberties, composing the Metropolis, have been passed within the last 50 years.

The Act of the 10th George II. cap. 22, established a System for paving and lighting, cleansing, and watching the City of London: but the Statute which removed _signs and sign-posts_, _balconies_, _spouts_, _gutters_, and those other _encroachments_ and _annoyances_, which were felt as grievances, by the inhabitants, did not pass till the year 1771.--The 11th of Geo. III. cap. 29, contains a complete and masterly System of that branch of the Police which is connected with municipal regulations, and may be considered as a model for every large City in the Empire. This excellent Act extends to every obstruction by carts and carriages, and provides a remedy for all nuisances, which can prove, in any respect, offensive to the inhabitants; and special Commissioners, called _Commissioners of Sewers_, are appointed to ensure a regular execution. It is further improved by the 33d of his present Majesty, cap. 75, by which the power of the Commissioners is increased, and some nuisances arising from Butchers, Dustmen, &c. further provided against.

In the City and Liberty of Westminster also, many useful Municipal Regulations have been made within the present Century. The Acts of the 27th of Elizabeth, and the 16th of Charles I. (private Acts) divided the City and Liberties into 12 Wards, and appointed 12 Burgesses to regulate the Police of each Ward; who, with the Dean, or High Steward of Westminster, were authorised to govern this District of the Metropolis.

The Act of the 29th of George II. cap. 25, enabled the Dean, or his High Steward, to choose 80 Constables in a Court Leet: and the same act authorised the appointment of an Annoyance-Jury of 48 inhabitants, to examine weights and measures; and to make presentments of every public nuisance, either in the City or Liberty.--The Acts of the 31st of George II. cap. 17 and 25, improved the former Statute, and allowed a free market to be held in Westminster.--The Act of the 2d of George III. cap. 21, extended and improved the System for _paving, cleansing, lighting and watching_ the City and Liberty, by including six other adjoining Parishes and Liberties in Middlesex: This Act was afterwards amended by the 3d of his present Majesty, cap. 23.--The Acts 5th Geo. III. caps. 13, 50; 11th Geo. III. cap. 22; and particularly 14th Geo. III. cap. 90, for regulating the nightly Watch and Constables, made further improvements in the General System by which those branches of Police in Westminster are at present regulated.

In the Borough of Southwark also the same System has been pursued; the Acts 28th Geo. II. cap. 9; and 6th Geo. III. cap. 24, having established a System of Municipal Regulations, applicable to this District of the Metropolis; relative to _markets_, _hackney-coach stands_, _paving_, _cleansing_, _lighting_, _watching_, _marking streets_, and _numbering houses_, and placing the whole under the management of Commissioners.

In Contemplating the great leading features of Municipal Regulation, nothing places England in a situation so superior to most other countries, with regard to cleanliness, as the _System of the Sewers_, under the management of special Commissioners, in different parts of the kingdom; introduced so early as by the Act 6th Henry VI. cap. 5, and regulated by the Acts 6th Henry VIII. cap. 10; 23d Henry VIII. cap. 5; and 25th Henry VIII. cap. 10.--afterwards improved by the 3d and 4th Edward VI. cap. 8; 1st Mary, stat. 3, cap. 11; 13th Elizabeth, cap. 9; 3d James I. cap. 14; and 7th Anne, cap. 10.

Sewers being so early introduced into the Metropolis, as well as into other Cities and Towns, in consequence of the general System, every offensive nuisance was removed through this medium, and the inhabitants early accustomed to the advantages and comforts of cleanliness.

Another feature, strongly marking the wisdom and attention of our ancestors, was the introduction of _Water_, for the supply of the Metropolis, in the reign of James I. in 1604. The improvements which have been since made for the convenience of the inhabitants, in extending the supplies by means of the New River, and also by the accession of the Thames water, through the medium of the London Bridge, Chelsea, York Buildings, Shadwell, and other water-works, it is not necessary to detail.

The Act 9th Anne, cap. 23, first established the regulations with regard to _Hackney Coaches_ and _Chairs_, which have been improved and extended by several subsequent Statutes, _viz._ 10 Anne, cap. 19; 12 Anne, stat. 2, cap. 14; 1 Geo. I. cap. 57; 12 Geo. I. cap. 12; 30 Geo. II. cap. 22; 4 Geo. III. cap. 36; 7 Geo. III. cap. 44; 10 Geo. III. cap. 44; 11 Geo. III. caps. 24, 28; 12 Geo. III. cap. 49; 24 Geo. III. stat. 2. cap. 27; 26 Geo. III. cap. 72; 32 Geo. III. cap. 47; 33 Geo. III. cap. 75.

These Acts authorize _one thousand coaches_, and _four hundred hackney chairs_, to be licensed for the accommodation of the inhabitants of the Metropolis; and Magistrates, as well as the Commissioners, are empowered to decide, in a summary way, upon all complaints arising between Coachmen or Chairmen, and the inhabitants, who may have occasion to employ them.

Carts and other carriages have also been regulated by several different Acts, _viz._ 1 Geo. I. stat. 2. cap. 57; 18 Geo. II. cap. 33; 24 Geo. II. cap. 43; 30 Geo. II. cap. 22; 7 Geo. III. cap. 44; and 24 Geo. III. cap. 27. The Statutes contain a very complete System, relative to this branch of Police; by virtue of which all complaints arising from offences under these Acts, are also cognizable by the Magistrates, in a summary way.

The Act of the 34th of George III. cap. 65, established an improved System, with regard to _Watermen plying on the River Thames_.--The Lord Mayor and Aldermen are empowered to make Rules and Orders for their government;[186] and, with the Recorder and the Justices of the Peace of the respective Counties, and places next adjoining to the Thames, have equal jurisdiction in all situations between Gravesend and Windsor, to put in execution not only the _Laws_, but also the Rules and Orders relative to such Watermen, which shall be sent to the several Public Offices in the Metropolis, and to the Clerks of the Peace of the Counties joining the Thames, within 30 days after such Rules are made or altered. The Magistrates have power given them to fine Watermen for extortion and misbehaviour: and, persons refusing to pay the fares authorised by Law, may be compelled to do so, with all charges, or be imprisoned for one month; and whoever shall give a Waterman a fictitious name or place of abode, forfeits 5_l._

[Footnote 186: No Rules or Orders have yet been published, although nearly six years have elapsed since the passing of this Act. The Public are, therefore, without the means of punishing or controlling Watermen, which is felt as a serious misfortune.]

Offences relative to the Driving of Cattle improperly, usually termed _Bullock Hunting_, are also determined by the Magistrates, in the same summary way, under the authority of an Act 21st Geo. III. cap. 67; by which every person is authorised to seize delinquents guilty of this very dangerous offence.

The last great feature of useful Municipal Police which the Author will mention, consists in the excellent regulations relative to _Buildings_, _Projections_, and _Fires_; first adopted after the Fire of London in 1666, and extended and improved by several Acts of Parliament passed, from that time, down to the 14th of his present Majesty.

The Act of the 14th of George III. cap. 78, which repeals the former Acts, besides regulating the mode of building houses in future, so as to render them _ornamental_, _commodious_, and _secure_ against the accidents of fire, established other useful rules for the prevention of this dreadful calamity; by rendering it incumbent on Churchwardens to provide one or more engines in every parish, to be in readiness, on the shortest notice, to extinguish fires, and also ladders to favour escapes; And, that every facility might be afforded with regard to water, it is also incumbent on the Churchwardens to fix stop-blocks and fire-plugs at convenient distances, upon all the main pipes within the parish; and to place a mark in the street where they are to be found, and to have an instrument or key ready to open such fire-plugs, so that the water may be accessible on the shortest possible notice. That every thing also might be done to ensure dispatch, the person bringing the first parish engine to any fire is entitled to 30_s._ the second to 20_s._ and third to 10_s._ paid by the parish; excepting in cases where chimnies are on fire, and then the expence ultimately falls upon the person inhabiting the house or place where it originated.

This excellent Statute, so salutary in its effects with regard to many important Regulations of Police, also obliges all Beadles and Constables, on the breaking out of any fire, to repair immediately to the spot, with their long staves, and to protect the sufferers from the depredation of thieves; and to assist in removing effects, and in extinguishing the flames.

These outlines will explain, in some measure, by what means the System of the Police, in most of its great features, is conducted in the Metropolis--to which it may be necessary to add, that the Beadles of each Parish, are the proper persons to whom application may be made, in the first instance, in case of any inconvenience or nuisance. The City and Police Magistrates, in their respective Courts, if not immediately authorized to remedy the wrong that is suffered, will point out how it may be effected.

It is, however, earnestly to be wished, that (like the Building-Act just mentioned), one general Law, comprehending the whole of the excellent regulations made for the City of London, so far as they will apply, could be extended to every part of the Metropolis, and its suburbs; that a perfect uniformity might prevail, in the penalties and punishments to be inflicted for the several Offences against the comfort or convenience of the Inhabitants.--At present it often happens, that an Offence in one Parish, is no act of Delinquency in another.

The great object is to simplify every System as much as possible;--complicated Establishments are always more expensive than is necessary, and constantly liable to abuses.

The annual expence to the Inhabitants, in consequence of all those Municipal Regulations just detailed, is, perhaps, higher than in any other City in the world.--Including the Poor's-rate, it amounts, on an average, to full 25 per cent. on the gross rental of the Metropolis; and is supposed to exceed one million sterling a year!

A Superintending Police would, in many instances, correct the want of intelligence, which is apparent, and enlighten the local Managers in such a manner, as not only to promote objects of oeconomy, calculated to abridge and keep within bounds an enormous and growing expence, but also to suggest improvements by which it might be reduced, and many solid advantages be acquired by the Community.

It is impossible to examine, with the mind of a man of business, the various Establishments which have become necessary for promoting the comfort and convenience of great Societies, without lamenting, in many instances, the unnecessary waste that prevails, and the confusion and irregularity which often ensue, merely for want of system, judgment, and knowledge of the subject.

Various, indeed, are the evils and disorders which Time engenders, in every thing connected with the affairs of civil Society, requiring a constant and uniform attention, _increasing, as the pressures increase_, for the purpose of keeping them within bounds; that as much happiness and comfort may be extended to the People as can possibly arise from a well-regulated and energetic Police, conducted with purity, zeal, and intelligence.

We are arrived at an epoch full of difficulties and dangers, producing wonderful events, and still pregnant with consequences, in their nature, stretching beyond the usual course of human conjecture, where it is impossible to judge of the ultimate issue.

Under such circumstances, it becomes, more than ever, necessary to make prudent arrangements for the general safety, for amending the morals, and promoting the happiness of the People; by improved Laws, extending protection to all, and correcting those evils, which are felt as a burden upon the Community.

CHAP. XX.

_A summary View of the Evils detailed in the preceding
Chapters.--The great opulence and extensive Trade of the
Metropolis assigned as a Cause of the increase and
multiplication of Crimes, and of the great extent of the
Depredations which are committed.--Arguments in favour of a
more energetic Police as the only means of remedying those
Evils.--A wide Field opened to Men of Virtue and Talents to
do good.--A general View of the estimated Depredations
annually in the Metropolis and its Vicinity, amounting in
all to Two Millions Sterling.--General Observations and
Reflections an the strong Features of degraded Humanity,
which this Summary of Turpitude exhibits.--Observations on
the further Evils arising from the deficiency of the System
with respect to Officers of Justice.--The want of a
Prosecutor for the Crown, and the inadequacy of
Punishments.--A View of the Remedies proposed--1st. With
respect to the Corruption of Morals.--2d. The means of
preventing Crimes in general.--3d. Offences committed on the
River Thames.--4th. Offences in the Public Arsenals and
Ships of War.--5th. Counterfeiting Money and fabricating
Bank Notes; 6th. Punishments.--7th. Further advantages of an
improved System of Police.--Concluding Reflections._

In taking a summary view of the various evils and remedies, which have been detailed in this Work, it may be right, previously to apprize the Reader, that in contemplating the extent and magnitude of the aggregate depredations, which are presumed to be committed in the course of a year, it is necessary to measure them _by a scale proportioned to the unparalleled amount of moving property exposed in transit in this great Metropolis_, as well as the vast and unexampled increase of this property, within the last half century; during which period there has certainly been an accumulation of not less than two-thirds, in commerce as well as in manufactures.

It has not, perhaps, generally attracted notice, that, besides being the Seat of the _Government_--_of the Law_,--_Learning_, and the _Fine Arts_,--the resort of the Nobility and the Opulent from every part of the British Empire, however distant; LONDON, from being a great _depot_ for all the manufactures of the country, and also the goods of foreign nations as well as East India and colonial produce, is not only the first Commercial City at present existing, but is also one of the greatest and most extensive Manufacturing Towns, perhaps in the World; combining in one spot every attribute that can occasion an assemblage of moving property, unparalleled in point of extent, magnitude, and value in the whole Globe.--From the abstract of Imports and Exports in _page_ 215 of this Work, it appears that above 13,000 vessels,[187] including their repeated voyages, arrive at, and depart from, the Port of London, with merchandize, in the course of a year; besides a vast number of river craft, employed in the trade of the interior country, bringing and carrying away property, estimated at above _Seventy Millions Sterling_.[188]

[Footnote 187: See Table in page 215.]

[Footnote 188: See page 216.]

In addition to this, it is calculated, that above 40,000 waggons and other carriages, including their repeated journies, arrive and depart laden, in both instances, with articles of domestic, colonial, East India and foreign merchandize; occasioning a transit of perhaps (when cattle, grain, and provisions sent for the consumption of the inhabitants, are included) _Fifty Millions more_. If we take into the account the vast quantity of merchandize and moveable property of every species deposited in the various _maritime magazines_, _timber-yards_, _piece-goods' warehouses_, _shops_, _manufactories_, _store-houses_, _public markets_, _dwelling-houses_, _inns_, _new buildings_, and _other repositories_, and which pass from one place to another, it will establish a foundation for supposing that, in this way, property to the amount of _Fifty Millions_ more at least, is annually exposed to depredation; making a Sum of _One Hundred and Seventy Millions_; independent of the moving articles in ships of war and transports, and in the different Arsenals, Dock-yards, and Repositories in the Tower of London, and at Deptford, Woolwich, Sheerness, and various smaller magazines, in the daily course of being received and sent away, supposed to amount to _Thirty Millions_ more; making in the whole an aggregate sum of _Two Hundred Millions_. Thus an immense property becomes exceedingly exposed, in all the various ways already explained in the course of this Work; and the _estimated_ amount of the _annual depredations_ hereafter enumerated under these respective heads will cease to be a matter of surprise, if measured by the enormous scale of property above particularized. Although it is supposed to amount to about _Two Millions_ sterling, it sinks to a trifle, in contemplating the magnitude of the capital, _scarcely reaching one per cent. on the value of property passing in transit in the course of a year_.

It is not, therefore, so much the actual loss that is sustained (great as it certainly is) which is to be deplored _as the mischief which arises from the destruction of the morals of so numerous a body of people; who must be directly or collaterally engaged in perpetrating smaller offences, and in fraudulent and criminal pursuits_.

This, in a political point of view, is a consideration of a very serious and alarming nature, infinitely worse in its consequences than even those depredations which arise from acts of violence committed by more atrocious offenders; the numbers of which latter have been shewn to be small, in comparison with other delinquents, and not to have increased in any material degree for the last 50 years; while _inferior thefts, river-plunder, pillage, embezzlement, and frauds, in respect to public property, coining base money, forgeries under various ramifications, cheating by means of swindling and other criminal practices, and purchasing and dealing in stolen goods_, have advanced in a degree, commensurate to the great and rapid influx of wealth, which has arisen from the vast increase of the commerce and manufactures of the Country, and the general accumulation of property by British subjects in the East and West Indies, and in foreign Countries.

The evils, therefore, are the more prominent, as they have become so exceedingly diffused; and implicate in criminality numerous individuals, of whom a very large proportion were formerly untainted with any of that species of Delinquency, which now renders them, (for their own sakes--for the benefit of their families--and for the interest of public morals,) objects of peculiar attention on the part of the Legislature, as well as the Police of the Country.

The habits they have acquired are, doubtless, very alarming, as in the destruction of their own morals, they also destroy those of the rising generation; and still more so, as the existing Laws, and the present System of Police, have been found so totally inadequate to the Object of Prevention.

Indeed it is but too evident, that nothing useful can be effected without a variety of Regulations, such as have been suggested in different parts of this Work. It is not, however, by the adoption of any one _remedy_ singly applied, or applied by piece-meal, but by a combination of the whole Legislative _Powers_, _Regulations_, _Establishments_, and _superintending Agencies_ already suggested, (and particularly by those recommended by the Select Committee of the House of Commons _which may be considered as the Ground Work_) that Crimes are, in any degree, to be prevented, or kept in check. And it is not to be expected, that such Remedies can be either complete or effectual, unless there be a sufficient Fund appropriated for the purpose of giving vigour and energy to the General System.

The object is of such astonishing magnitude, and the abuses which are meant to be corrected, are of so much consequence to the _State_, as well as to the _Individual_, and the danger of a progressive increase is so evidently well established by experience, that it is impossible to look at that subject with indifference, when once it is developed and understood.

It opens a wide field for doing good, to men of virtue, talents, and abilities, who love their Country, and glory in its prosperity. Such men will speedily perceive, that this prosperity can only be of short duration,--if public morals are neglected,--if no check is given to the growing depravity which prevails, and if measures are not adopted to guard the rising generation against the evil examples to which they are exposed.

Philanthropists will also, in this volume, find abundant scope for the exercise of that benevolence, and those efforts in the cause of humanity, which occupy their attention, and constitute their chief pleasure.--It is earnestly to be hoped, that it may produce an universal desire to attain those objects, which are shewn to be so immediately connected with the Public good.

For the purpose of elucidating, in some degree, the dreadful effect of the profligacy and wickedness, which have been opened to the view of the Reader, and occasioned the perpetration of Crimes and offences of every species and denomination, the following Estimate has been made up from information derived through a variety of different channels.--It exhibits at one view, the supposed aggregate amount of the various depredations committed in the Metropolis and its environs, in the course of a year.

The intelligent reader will perceive at once, that in the nature of things, such a calculation cannot be perfectly accurate; because there are no precise data upon which it may be formed; but if it approaches in any degree near the truth, (and the Author has discovered nothing in the course of four years to alter the opinion he originally formed in any material degree,) it will fully answer the purpose intended; by affording many useful and important hints favourable to those improvements which are felt to be necessary by all; though till of late, understood by very few.

It is introduced also (merely as a calculation) for the purpose of arresting the attention of the Public, in a greater degree, and of directing it not only to inquiries similar to those upon which the Author has formed his conjectures; but also to the means of procuring those improvements in the Laws, and in the System of the Police, which have become so indispensably necessary for the security of every individual possessing property in this great Metropolis.

* * * * *

AN ESTIMATE _of the Annual Amount and Value of the Depredations committed on Public and Private Property in the Metropolis and its Vicinity_, IN ONE YEAR. _Specifying the Nature of such Depredations under Six different Heads, viz:--_

1. _Small Thefts_, committed in a little way by _menial Servants, Chimney-Sweepers, Dustmen, Porters, Apprentices, Journeymen, Stable Boys, Itinerant Jews, and others_, from _Dwelling-Houses, Stables, Out-Houses, Warehouses, Shops, Founderies, Workshops, New Buildings, Public Houses_, and in short every other place where property is deposited; which may be specifically estimated and subdivided as follows:

_Tons._ L.
Articles new and old, of iron and
steel 5000 100,000

brass 1500 150,000

copper 1000 120,000

lead 2500 50,000

pewter, solder, and tin 300 35,000

Pewter pots, stolen from 5204 Publicans 500 55,000[189]

Small articles of plate, china, glass
ware, sadlery, harness, and other
portable articles of house and table
furniture, books, tea, sugar, soap,
candles, liquors, &c. &c. &c. 100,000

Piece-Goods from shops and warehouses,
by servants, porters, &c. 50,000

Wearing apparel, bed and table
linen, &c. 40,000

Silk, cotton, and worsted yarn, embezzled
by Winders and others in
Spitalfields, &c. formerly 20,000_l._ a
year, now supposed to be 10,000
------ L.710,000

2. _Thefts upon the River and Quays_,
committed in a little way on board
ships in the River Thames, whilst
discharging their cargoes; and afterwards
upon the Wharfs, Quays,
and Warehouses, when the same
are landing, weighing, and storing;
by glutmen, lumpers, jobbers, labourers,
porters, lightermen, boys
called mudlarks, and others employed,
or lurking about for
plunder, _viz._

Raw sugars, rum, coffee, chocolate,
pimento, ginger, cotton, dying
woods, and every other article of
West-India produce, estimated at
the commencement of the Marine
Police Establishment at 232,000_l._
a year; but now reduced to 50,000

East-India goods, and merchandize
from Africa, the Mediterranean,
America, the Baltic, the Continent
of Europe, coasting trade, &c. &c.
274,000_l._ now reduced by the
Marine Police Institution to 155,000

Ship stores and tackling, including
cordage, sails, tar, pitch, tallow,
provisions, &c. taken from above
10,000 different vessels, estimated
at 100,000_l._ but now reduced since
the Establishment of the Marine
Police, according to Estimate, to 45,000
------- L.250,000

3. _Thefts and Frauds_ committed in
his Majesty's Dock-yards and other
public Repositories, situated on the
River Thames; including the plunder,
pillage, and frauds, by which
public property (exclusive of metals)
is embezzled in the said stores, and
from ships of war. (Besides the
frauds, plunder and pillage, in the
Dock-yards, and from ships of war
at Chatham, Portsmouth, Plymouth,
&c. at all times enormous,
but especially in time of war; when
public property is unavoidably most
exposed, equal at least to 700,000_l._
a year more:) making in all, one
million sterling, at least; but reduced
by the Marine Police from
300,000_l._ to 200,000

4. _Depredations_ committed by means
of burglaries, highway robberies,
and other more atrocious thefts, viz.

1. Burglaries by Housebreakers, in
plate, and other articles 100,000

2. Highway Robberies, in money,
watches, bank-notes, &c. 55,000

3. Private stealing, and picking of
pockets, &c. 25,000

4. Stealing horses, cattle, sheep,
poultry, corn, provender, potatoes,
turnips, vegetables, fruit,
&c. in London and the Vicinity 100,000
------- L.280,000

5. _Frauds_ by the coinage and recolouring
of base money, counterfeited
of the similitude of the current gold,
silver and copper coin of the Realm 310,000

6. _Frauds_ by counterfeiting bank
notes, public securities, powers of
attorney, bonds, bills, and notes;
by swindling, cheating and obtaining
money and goods by false
pretences, &c. &c. 250,000
-----------
L.2,000,000

[Footnote 189: The Publicans in their petition to the House of Commons (1796) estimated their loss at 100,000_l._ But there is some reason to suppose this was exaggerated.]

RECAPITULATION.

1. Small Thefts L.710,000

2. Thefts upon the Rivers and Quays 250,000

3. Thefts in the Dock-yards, &c. in the Thames 200,000

4. Burglaries, Highway-Robberies, &c. &c. 280,000

5. Coining base Money 310,000

6. Forging Bills, Swindling, &c. 250,000
-----------
Total L.2,000,000[190]
-----------

[Footnote 190: This sum will, no doubt, astonish the Reader at first view; and may even go very far to stagger his belief: but when the vast extent of the trade and commerce of London is considered, the great quantity of money, Bank notes, and stationary or fixed property of a portable nature, as well as moving effects, all which has been estimated, exclusive of horses, cattle, corn, provender, fruit, vegetables, &c. at two hundred millions sterling, (_See p._ 605.) it will cease to be a matter of surprise, that under an incorrect System of Police and deficient Laws, the depredations are estimated so high. It would have equally attracted attention with a view to an improvement in the Police, and of course have answered the Author's purpose full as well to have reduced the estimate to _one half the present sum_: but being solicitous to approach as nearly to the truth as possible, he considered himself bound to offer it in its present form, which after being four years under the view of the Public, not only stands unimpeached; but altho' the Author himself, after the additional experience he has acquired, has attempted a new modification; and although the River Plunder is greatly reduced, the aggregate remains nearly as before.]

The foregoing Estimate, grounded on the best information that can be procured, exhibits a melancholy picture of the general depravity which prevails; and which is heightened in a considerable degree by the reflection, that among the perpetrators of the crimes there particularized, are to be numbered persons, who from their rank and situation in life would scarcely be suspected of either committing or conniving at frauds, for the purpose of enriching themselves at the expence of the Nation.

Avarice is ever an eager, though not always a clear sighted passion; and when gratified at the price of violating the soundest principles of honesty and justice, a sting must remain behind, which no affluence can banish,--no pecuniary gratification alleviate.

In contemplating these strong features of degraded Humanity, it cannot escape the observant Reader, how small a part of the annual depredations upon public and private property is to be placed to the account of those Criminals who alone attract notice, from the force and violence they use; and to whose charge the whole of the inconveniences felt by the Public, is generally laid, namely, _common thieves and pick-pockets; highway-men and foot-pad robbers_.--But for this Estimate, it could not have been believed how large a share of the property annually plundered, stolen, embezzled, or acquired in a thousand different ways, by means _unlawful_, _unjust_, and _immoral_, in this great Metropolis, is acquired by Criminals of other descriptions; whose extensive ravages on property are the more dangerous, in proportion to the secrecy with which they are conducted.

Next to the evils which are experienced by the general corruption of morals, and by the actual depredations upon public and private property as now brought under the review of the Reader, by means of a summary detail, it has been shewn, in the course of this Work, that many pressures arise from the defects in the Laws relative to the detection, trial, and conviction of Offenders, from the want of an improved System respecting Constables, and particularly from the deficiency of Jurisdiction in the City and Police Magistrates,--the want of Funds to remunerate Officers of Justice, and to reward Watchmen, Patroles, and Beadles, who may act meritoriously in apprehending Delinquents; and lastly, in the trial of Criminals, for want of a general _Prosecutor for the Crown_, to attend to the Public interest, and to prevent those Frauds (in suborning evidence, and in compounding Felonies,) whereby many of the most abandoned are let loose upon Society, while those who are novices in crimes are often punished.

The next stated in the class of evils is, that which arises from the Laws as they now stand, relative to _Punishments_.--Their extreme severity, in rendering such a multitude of Crimes capital, which Juries can never be made to believe are of that nature, in point of actual atrocity, has proved a very serious misfortune to the Country, in the administration of criminal Justice.--Because the punishment is too severe, it frequently happens that the Delinquent is sent back upon Society, encouraged to renew his depredations upon the Public by his having escaped (although guilty) without any chastisement at all.

It is unquestionably true, and little doubt will be entertained by any who attentively examine this Work, that the dread of severe punishment, in the manner the Law is executed at present, has not the least effect in deterring hardened Offenders from the commission of Crimes.

An opinion seems to have been formed, that Crimes were to be prevented by the severity of the punishment. That this opinion has been erroneous seems to be proved by incontestable evidence adduced in various parts of this Work; and elucidated by a variety of reasoning, which it is hoped cannot fail to bring conviction to the mind of every Reader, who will bestow time in the investigation of a subject of so much importance to Society.

Last, in the enumeration of the evils detailed, are those deficiencies and imperfections, which arise from the _Police System_; as explained in the 16th and 17th Chapters.--A variety of inconveniences, it appears, originate from this source; and reasons are adduced to demonstrate that the National Security, and Prosperity, are more dependant on a well-regulated and correct System of Police, than has been generally supposed; and that the adoption of the Plan of Police, explained in the 18th Chapter, and recommended by the Select Committee on Finance, would prove an inestimable blessing to the Country.

Having thus briefly glanced at the Evils, detailed in this Work, it now becomes necessary to lay before the Reader a similar collected view of THE REMEDIES.

In accomplishing this object, while the Author ventures to indulge a hope that these which have been suggested, or at least a part of them, may be brought in due time, under the consideration of the Legislature, for the purpose of being enacted into Laws, or otherwise carried into effect; they are now presented to the Reader under the following heads, _viz._

I. THE PREVENTION OF THE PRESENT CORRUPTION OF MORALS; as originating from ill-regulated Public Houses, Tea Gardens, Theatres, and other places of Public Amusement; indecent Publications; Ballad-Singers--Female Prostitution--Servants out of Place--The Lottery; Gaming--Indigence, and various other causes.