The Chronicles of Newgate, vol. 2/2Griffiths, Arthur
History
The Chronicles of Newgate, vol. 2/2
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
Speaking of those times, Mr. Townshend, a veteran Bow Street runner, in
his evidence before a Parliamentary Committee in 1816,[1] declared that
in the years 1781-7 as many as twelve, sixteen, or twenty were hanged
at one execution; twice he saw forty hanged at one time. In 1783 there
were twenty at two consecutive executions. He had known, he said, as
many as two hundred and twenty tried at one sessions. He had himself
obtained convictions of from thirteen to twenty-five for returning from
transportation. Upon the same authority we are told that in 1783 the
Secretary of State advised the King to punish with all severity. The
enormity of the offences was so great, says Mr. Townshend, and "plunder
had got to such an alarming pitch," that a letter was circulated among
judges and recorders then sitting, to the effect that His Majesty would
dispense with the recorders' reports, and that the worst criminals
should be picked out and at once ordered for execution.
The penal code was at this period still ruthlessly severe. 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.[2] It is true that of the
two hundred, not more than five-and-twenty sorts of felonies actually
entailed execution. It is true too 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
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