A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention — John Shaqi
A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their PreventionColquhoun, Patrick
History
A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention
Colquhoun, Patrick
Crime -- England -- London; Police -- England -- London
Polygamy stands next as an offence against the person:--It was first
declared Felony by the statute of James the first, cap. 11, but not
excluded from the Benefit of Clergy, and therefore not subject to the
punishment of death.
Though, in one view, the having a plurality of wives or husbands,
appears only a political offence, yet it is undeniably a breach of
religious and moral virtue, in a very high degree.--It is true,
indeed, that in the early ages of the world, Polygamy was tolerated
both in Greece and Rome, even after the People had arrived at a high
pitch of refinement.--But since the institution of Matrimony under the
present form, Polygamy must be considered as highly criminal, since
marriage is an engagement which cannot be violated without the
greatest injury to Society. The Public Interest, therefore, requires
that it should be punished; and the Act 35th George III. cap. 67,
which punishes this offence with transportation, is certainly not too
severe.
Mayhem, or Maiming, is the last in the Catalogue of _Offences against
the Person_. It was first made Single Felony by the 5th of Henry the
Fourth, cap. 5.--It is defined to be _maiming, cutting the tongue, or
putting out the eyes of any of the King's liege people_. The statute
of the 22d and 23d of Charles the Second, cap. 1. extends the
description of this offence to slitting the nose, cutting off a nose
or lip, or cutting off or disabling any limb or member, by malice
forethought, and by lying in wait with an intention to maim and
disfigure:--And this statute made the offence Felony, without Benefit
of Clergy.
To prove malice in this crime, it is sufficient that the act was
voluntary, and of set purpose, though done on a sudden.
Mayhem, as explained in the above statutes, is certainly a very
atrocious offence; and as the punishment is not followed by corruption
of blood, or the forfeiture of the property of the offender, it is,
according to the present system, perhaps not too severe.
One particular sort of Mayhem by cutting off the _ear_, is punishable
by an Act 37 Hen. VIII. cap. 6. which directs that the offender shall
forfeit treble damages to the party grieved, to be recovered by action
of trespass; and £.10 by way of fine to the King.
We next come to examine _Private Felonies_ against the _Goods or
Property of the Individual_, viz. _Simple Larceny_, _Mixt Larceny_,
and _Piracy_.
Simple Larceny is divided into two sorts;--1st, Grand Larceny, and 2d,
Petit Larceny.--The first is defined to be _the felonious taking and
carrying away the mere personal property or goods of another, above
the value of twelve pence_.--This offence is capital, and punished
with death, and the forfeiture of property.
Petit Larceny is where the goods, taken in the above manner, are
under the value of twelve pence; in which case, the punishment
(according to the circumstances of atrocity attending the offence,) is
imprisonment, whipping, or transportation, with forfeiture of goods
and chattels.
Public-domain text, read in full here on John Shaqi.
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