From An Enquiry into the Causes of the Frequent Executions at Tyburn (1725)
The Dutch political commentator, Mandeville (1670–1733), took a Hobbesian view on social order: he believed it was the duty of the landed classes to rule; that the poor would always be insubordinate if allowed to be; and that only firm punishments would act as an effective deterrent against crime. This long essay was first published serially in the British Journal (a weekly newspaper) at the same time that Jonathan Wild was being tried (although it had been written before his arrest), making Mandeville’s observations particularly apposite. Mandeville’s most famous work was The Fable of the Bees, which was much admired throughout the eighteenth century; Dr Johnson was just one of his fans.
CHAPTER I
Of THEFTBOTE;1 or, the Crime of Compounding of Felony
The multitude of unhappy wretches, that every year are put to death for trifles in our great metropolis, has long been afflicting to men of pity and humanity; and continues to give great uneasiness to every person, who has a value for his kind. Many good projects have been thought of to cure this evil, by sapping the foundation of it: a society has been set up to reform our manners; and neither workhouses, nor discipline on small crimes, have been wanting: an act has been made against prophane cursing and swearing; and many charity schools have been erected. But the event has not answer’d hitherto the good design of those endeavours. This city abounds as much with loose, lazy and dishonest poor; there is as much mischief done by ordinary felons; and executions for theft and burglary are as frequent, at least, as ever: nay, it is believed, that London is more pester’d with low villany than any other place whatever, the proportion of bigness between them not left unconsider’d. As there is no effect without a cause, so something must be the reason of this calamity. I have long and carefully examined into this matter, and am forced to ascribe the mischief complained of to two palpable evils, distinct from those we have in common with other large overgrown cities. One regards prosecutions; the other the treatment that is given to malefactors after they are taken. I shall begin with the first: I mean the neglect of them, occasion’d by our shameful negotiations with thieves, or their agents, for the recovery of stolen goods, by which, in reality, we become aiders and abetters to them.
The law of England is so tender of men’s lives, that whoever justly prosecutes, and convicts a person of a capital crime, has nothing to answer for to his conscience, but, on the contrary, has done a service to his country, without offence to God, or the least breach of charity to his neighbour. But as every body has not strength of mind and resolution enough to perform duties that are repugnant to his nature, so, making allowances for human frailties, I could excuse the backwardness of a meek home-bred person, who should complain, that to appear in open court, and speak before a judge, are terrible things to him. But I think it unpardonable, that a man should knowingly act against the law, and by so doing powerfully contribute to the increase, as well as safety and maintenance, of pilferers and robbers, from no other principle, than a criminal selfishness, accompany’d with an utter disregard to the publick: yet nothing is more common among us. As soon as any thing is missing, suspected to be stolen, the first course we steer is directly to the office of Mr Jonathan Wild. If what we want is a trinket, either enamel’d, or otherwise curiously wrought; if there is painting about it; if it be a particular ring, the gift of a friend; or any thing which we esteem above the real value, and offer more for it than Mr Thief can make of it, we are look’d upon as good chaps, and welcome to redeem it. But if it be plain gold or silver, we shall hardly see it again, unless we pay the worth of it. Some years ago, it is true, a man might, for half a piece, have fetch’d back a snuff-box that weigh’d twenty or thirty shillings: but this was in the infancy of the establishment. Now they are grown wiser, and calculate exactly what such a thing will melt down for: to offer less is thought unreasonable; and unless Mr Thief-catcher stands your friend indeed, if you have it, you will seldom save any thing but the fashion. If in this place you can hear no tidings of your goods, it is counted a sign, that they are in the hands of irregular practitioners, that steal without permission of the board. In this case we immediately put in an advertisement in some news-paper or other, with a promise, that such a reward will be given, and no questions asked. I own, that in the printing of these short epistles there is no manner of harm, if we abstract the act itself from the concern the publick has in it. The tenor of them is rather benevolent than injurious: and a panegyrist on the present times might justly say of them, that in no performances the true spirit of Christianity was so conspicuous as in these: that they were not only free from calumny and ill language, but likewise so void of reproach, that speaking to a thief, we never call’d him so in those charitable addresses: that in them the very catalogues of injuries receiv’d, were penn’d with as little heat, or resentment, as ever tradesman shew’d in a bill of parcels directed to his best customer: that here we are so far from hating our enemy, that we proffer him a recompence for his trouble, if he will condescend to let us have our own again; and leaving all revenge to God, to shew that we are willing to forgive and forget, we consult, in the most effectual manner, the safety of a person that deserves hanging for the wrong he has done us. Yet, notwithstanding the kind of constructions that may be put on these civil offers, they all tend to the compounding of felony, and are the occasion of a double mischief: they invite the indigent and lazy to pick pockets, and render the negligent more careless than probably they would be, was this practice abolish’d. A pocket-book, or memorandum, may be stole from a man that is of vast concern to him, and yet of no use but to the owner: if this be taken by a regular thief, a listed pilferer, it is easily recover’d for a small reward. I don’t suppose any one so silly, that therefore he would go to places, and into companies, on purpose to have his pocket pick’d; but I can’t help thinking, that if those things were never to be heard of again, and the loss irretrievable, many young rakes, and other loose reprobates, would be under greater apprehensions, and more upon their guard, at least when they had such a charge about them, than the generality of them now are. And again, if nothing could be made of letters, papers and things of that nature, such as have no known worth, and are not readily turned into money, the numbers of whores and rogues, young and old, that are employ’d in the diving trade,1 would decrease considerably; many of them, from a principle of prudence, refusing to meddle with any thing else. For as on most of the things now spoke of, no real value can be set, the punishment would be inconsiderable, if any, should the things be found upon them, or themselves be taken in the fact. Most men will agree to all this, whilst unconcern’d; but when private interest is touch’d, it soon stifles these considerations. I should be a fool, says one, when a thing of value is stolen from me, not to get it back, if I can, for a trifle. If I lose a sword, or a watch, I must have another; and to save the fashion in these things is considerable: it is better to lose the half than the Whole. I have nothing to do with the thief, says another, if I have my own again, it is all I want: what good would it do to me to have a poor fellow hang’d? A third, more compassionate, will tell us, that if he knew the thief, he would not meddle with him; and that he would lose ten times the value of what has been taken from him, rather than be the occasion of a man’s death. To these I reply, that the legislators seem to have known how the generality of men would argue, and what excuses they would make; they had an eye on the frailty of our nature; consider’d, that all prosecutions are troublesome, and often very expensive; that most men preferred their own interest, their ease and pleasure, to any regard of the publick; and therefore they provided against our passions with so much severity. Compounding of felony is not prohibited under a small penalty, or attoned for by a little fine; it is next to felony; and the most creditable citizen, that is convicted of it, ceases to be an honest man.
The offence in our law is call’d THEFTBOTE; of which my Lord Chief Justice Coke says, ‘That it is an offence beyond misprision of felony; for that is only a bare concealment of his bare knowledge: but that it is THEFTBOTE when the owner not only knows of the felony, but takes of the thief his goods again, or amends for the same to favour or maintain him, that is, not to prosecute him, to the intent he may escape. The punishment of THEFTBOTE is ransom and Imprisonment.’ Sir Matthew Hale,1 in his Pleas of the Crown, says, ‘That THEFTBOTE is more than a bare misprision of felony, and is, where the owner doth not only know the felony, but takes his goods again, or other amends, not to prosecute.’
This rigour of the legislature is a full demonstration, that they thought it a crime of the most pernicious consequence to the society; yet it is become familiar to us; and our remissness in several matters, relating to felons, is not to be parallell’d in any other civiliz’d nation. That rogues should be industriously dispers’d throughout the city and suburbs; that different hours and stations should be observ’d among them, and regular books kept of stollen goods; that the superintendent in this hopeful oeconomy should almost every sessions, for a reward, betray, prosecute, and hang one or more of this his acquaintance, and at the same time keep on his correspondence amongst the survivors, whom, one after another, he sends all to their triangular home;1 that magistrates should not only know and see this, but likewise continue to make use of such a person for an evidence, and in a manner own that they are beholden to him in the administration of justice; that, I say, all these things should be facts, is something very extraordinary, in the principal city, and the home management of a kingdom, so formidable abroad, and of such moment in the balance of Europe, as that of Great Britain.
The mischief that one man can do as a thief, is a very trifle to what he may be the occasion of, as an agent or concealer of felons. The longer this practice continues, the more the number of rogues must hourly encrease; and therefore it is high time that regular book-keeping of stolen goods should cease, and that all gangs and knots of thieves should be broke and destroy’d as much as is possible, at least, none of them suffer’d to form themselves into societies that are under discipline, and act by order of a superior. It is highly criminal in any man, for lucre, to connive at a piece of felony which he could have hinder’d: but a profess’d thief-catcher, above all, ought to be severely punish’d, if it can be proved that he has suffer’d a known rogue to go on in his villany, tho’ but one day, after it was in his power to apprehend and convict him, more especially if it appears that he was a sharer in the profit.
…
CHAPTER III
Of Execution Day, the Journey to Tyburn,
and a Word in behalf of Anatomical Dissections
When the day of execution is come, among extraordinary sinners, and persons condemned for their crimes, who have but that morning to live, one would expect a deep sense of sorrow, with all the signs of a thorough contrition, and the utmost concern; that either silence, or a sober sadness, should prevail; and that all, who had any business there, should be grave and serious, and behave themselves, at least, with common decency, and a deportment suitable to the occasion. But the very reverse is true. The horrid aspects of turnkeys and gaolers, in discontent and hurry; the sharp and dreadful looks of rogues, that beg in irons, but would rob you with greater satisfaction, if they could; the bellowings of half a dozen names at a time, that are perpetually made in the enquiries after one another; the variety of strong voices, that are heard, of howling in one place, scolding and quarrelling in another, and loud laughter in a third; the substantial breakfasts that are made in the midst of all this; the seas of beer that are swill’d; the never-ceasing outcries for more; and the bawling answers of the tapsters as continual; the quantity and varieties of more entoxicating liquors, that are swallow’d in every part of Newgate; the impudence, and unseasonable jests of those, who administer them; their black hands, and nastiness all over; all these, joined together, are astonishing and terrible, without mentioning the oaths and imprecations, that from every corner are echo’d about, for trifles; or the little, light and general squallor of the gaol itself, accompany’d with the melancholy noise of fetters, differently sounding, according to their weight: but what is most shocking to a thinking man, is, the behaviour of the condemn’d, whom (for the greatest part) you’ll find, either drinking madly, or uttering the vilest ribaldry, and jeering others, that are less impenitent; whilst the Ordinary bustles among them, and shifting from one to another, distributes scraps of good counsel to unattentive hearers; and near him, the hangman, impatient to be gone, swears at their delays; and, as fast as he can, does his part, in preparing them for their journey.