Great Britain -- Social life and customs -- 19th century
to the public funds--juries refused to convict. ‘Prisoner at the bar,’
said Chief Baron Richards to a man acquitted at Carnarvon Assizes for
forging Bank of England notes, ‘although you have been acquitted by
a jury of your countrymen of the crime of forgery, I am as convinced
of your guilt as that two and two make four.’ And the jury privately
admitted that they were of the same opinion. In short, the severity
of the penal code was a positive danger to the community. Professed
thieves made a rich harvest by getting themselves indicted capitally,
because they then felt sure of escape. The sentence, moreover, could
not be carried out. It became usual in all cases except murder to
merely order it to be recorded, which had the effect of a reprieve.
Here are some figures. In the three years ended December 31, 1833,
there were 896 commitments in London and Middlesex on capital offences
and only twelve executions. In 1834, 1835, and 1836 there were 823
commitments and no executions. With the first year of the Queen a
more merciful _régime_ was begun. Six offences--forgery in all cases;
rioting; rescuing murderers; inciting to mutiny; smuggling with arms;
and kidnapping slaves--were declared not capital. But it was not until
1861 that all these blots were finally erased from the Statute Book.
Among other mediæval barbarities, the dissection of a murderer’s body
was not abolished until 1861, but it was made optional in 1832. Hanging
in chains was done away with in 1834. The pillory, a punishment limited
to perjury since 1816, was altogether abolished in 1837. The stocks had
been generally superseded by the treadmill ten years earlier. Common
assaults and many misdemeanours were, on the other hand, much more
leniently dealt with in those days than they are in our own. As late as
1847 a case occurred in which a ruffian pounded his wife with his fists
so that she remained insensible for three days. Yet, since he used no
weapon, he could only be convicted of a common assault and imprisoned
without hard labour.
But it was not perhaps an unmixed evil that the powers of the
magistrates were then very limited. The ‘Great Unpaid,’ as they were
then universally known, were a bye-word. Their proceedings, both at
Petty and Quarter Sessions, were disgraced by ignorance, rashness, and
class prejudice. Summary jurisdiction was then, fortunately, only in
its infancy.
CHAPTER XIX.
CONCLUSION.
The consideration of the country as it was would not be complete
without some comparison with the country as it is. But I will make this
comparison as brief as possible.
Public-domain text, read in full here on John Shaqi.
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