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
Thus it appears, that by the rigour of the Law, stealing the least
trifle above 12_d._ subjects the offender to the loss of life; a
punishment apparently repugnant to reason, policy, or justice: more
especially when it is considered, that at the time this _Anglo Saxon
Law_ was made, in the reign of _Athelstan_, 860 years ago, _one
shilling_ was of more value, according to the price of labour, than
_seventy-five shillings_ are at the present period: the life of man
therefore may be justly said to be seventy-five times cheaper than it
was when this mode of punishment was first established.
By the Athenian Laws, the crime of Theft was punished, by paying
double the value of what was stolen, to the party robbed; and as much
more to the public.--Solon introduced a law, enjoining every person to
state in writing, by what means he gained his livelihood; and if false
information was given, or he gained his living in an unlawful way, he
was punished with death.--A similar law prevailed among the Egyptians.
The _Lex Julia_ of the Romans made Theft punishable at discretion; and
it was forbidden, that any person should suffer death, or even the
loss of a member, for this crime.--The greatest punishment which
appears to have been inflicted for this offence, in its most
aggravated circumstances, was four-fold restitution.
By the Jewish Law, Theft was punished in the same manner: with the
addition of a fine according to the nature of the offence; excepting
in cases where _men_ were stolen, which was punished with death.
In China, Theft is punished by the bastinadoe, excepting in cases of a
very atrocious nature, and then the culprit is condemned to the
knoutage--a contrivance not unlike the pillory in this country.
The ancient Laws of this kingdom punished the crime of Theft
differently.--Our Saxon ancestors did not at first punish it
capitally.--The Laws of King Ina[12] inflicted the punishment of
death, but allowed the thief to redeem his life, _Capitis
estimatione_, which was sixty shillings; but in case of an old
offender, who had been often accused, the hand or foot was to be cut
off.
[Footnote 12: King of the West Saxons, anno 688.]
After various changes which took place under different Princes, in the
rude and early periods of our history, it was at length settled in the
9th of Henry the First, (A.D. 1108,) _that for theft and robbery,
offenders should be hanged_; this has continued to be the law of the
land ever since, excepting in the county palatine of Chester; where
the ancient custom of beheading felons was practised some time after
the Law of Henry the First; and the Justices of the Peace of that
county, received one shilling from the King, for every head that was
cut off.
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