Chronicles of Newgate, Vol. 2: From the eighteenth century to its demolitionGriffiths, Arthur
History
Chronicles of Newgate, Vol. 2: From the eighteenth century to its demolition
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
The penal code was at this period still ruthlessly severe in England.
There were some two hundred capital felonies upon the statute book.
Almost any member of parliament eager to do his share in legislation
could "create a capital felony." A story is told of Edmund Burke,
that he was leaving his house one day in a hurry, when a messenger
called him back on a matter which would not detain him a minute:
"Only a felony without benefit of clergy." Burke also told Sir
James Mackintosh, that although scarcely entitled to ask a favour
of the ministry, he thought he had influence enough to create a
capital felony. It is true that of the two hundred, not more than
five-and-twenty sorts of felonies actually entailed execution. It is
also true that some of the most outrageous and ridiculous reasons
for its infliction had disappeared. It was no longer death to take a
falcon's egg from the nest, nor was it a hanging matter to be thrice
guilty of exporting live sheep. But a man's life was still appraised
at five shillings. Stealing from the person, or in a dwelling, or in
a shop, or on a navigable river, to that amount, was punished with
death. "I think it not right nor justice," wrote Sir Thomas More in
1516, "that the loss of money should cause the loss of man's life;
for mine opinion is that all the goods in the world are not able
to countervail man's life." Three hundred years was still to pass
before the strenuous efforts of Sir Samuel Romilly bore fruit in the
amelioration of the penal code. In 1810 he carried a bill through
the House of Commons, which was, however, rejected by the Lords, to
abolish capital punishment for stealing to the amount of five shillings
in a shop. His most bitter opponents were the great lawyers of the
times, Lords Ellenborough, Eldon, and others, Lords Chancellors and
Lords Chief Justice, who opposed dangerous innovations, and viewed
with dismay any attempt "to alter laws which a century had proved to
be necessary." Lord Eldon on this occasion said that he was firmly
convinced of the wisdom of the principles and practice of the criminal
code. Romilly did not live to see the triumph of his philanthropic
endeavours. He failed to procure the repeal of the cruel laws against
which he raised his voice, but he stopped the hateful legislation which
multiplied capital felonies year by year, and his illustrious example
found many imitators. Within a few years milder and more humane ideas
very generally prevailed. In 1837 the number of offences to which the
extreme penalty could be applied was only seven, and in that year only
eight persons were executed, all of them for murders of an atrocious
character.
Public-domain text, read in full here on John Shaqi.
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