[Illustration: HIGHWAY MURDER ON HOUNSLOW HEATH

The assailant is strangling his victim with a whip-thong; nearby is a
typical roadside gallows with two highwaymen dangling from the
cross-tree

(_From the Newgate Calendar_)]




LIVES OF THE

MOST REMARKABLE

CRIMINALS

Who have been Condemned and Executed for Murder, the Highway,
Housebreaking, Street Robberies, Coining or other offences

_Collected from Original Papers and Authentic Memoirs, and
Published in 1735_

EDITED BY

ARTHUR L. HAYWARD



CONTENTS


Introduction

Volume One

Preface--Jane Griffin--John Trippuck, Richard Cane and Richard
Shepherd--William Barton--Robert Perkins--Barbara Spencer--Walter
Kennedy--Matthew Clark--John Winship--John Meff--John Wigley--William
Casey--John Dykes--Richard James--James Wright--Nathaniel Hawes--John
Jones--John Smith--James Shaw, _alias_ Smith--William Colthouse--William
Burridge--John Thomson--Thomas Reeves--Richard Whittingham--James
Booty--Thomas Butlock--Nathaniel Jackson--James Carrick--John
Molony--Thomas Wilson--Robert Wilkinson and James Lincoln--Mathias
Brinsden--Edmund Neal--Charles Weaver--John Levee--Richard Oakey and
Matthew Flood--William Burk--Luke Nunney--Richard Trantham--John Tyrrell
and William Hawksworth--William Duce--James Butler--Captain John
Massey--Philip Roche--Humphrey Angier--Captain Stanley--Stephen
Gardiner--Samuel Ogden, John Pugh, William Frost, Richard Woodman and
William Elisha--Thomas Burden--Frederick Schmidt--Peter Curtis--Lumley
Davis--James Harman--John Lewis--The Waltham Blacks--Julian, a Black
Boy--Abraham Deval--Joseph Blake, _alias_ Blueskin--John Shepherd--Lewis
Houssart--Charles Towers--Thomas Anderson--Joseph Picken--Thomas
Packer--Thomas Bradely--William Lipsat--John Hewlet--James Cammell and
William Marshal--John Guy--Vincent Davis--Mary Hanson--Bryan
Smith--Joseph Ward--James White--Joseph Middleton


Volume Two

Preface--William Sperry--Robert Harpham--Jonathan Wild--John
Little--John Price--Foster Snow--John Whalebone--James Little--John
Hamp--John Austin, John Foster and Richard Scurrier--Francis
Bailey--John Barton--William Swift--Edward Burnworth, etc.--John
Gillingham--John Cotterel--Catherine Hayes--Thomas Billings--Thomas
Wood--Captain Jaen--William Bourn--John Murrel--William Hollis--Thomas
Smith--Edward Reynolds--John Claxton--Mary Standford--John
Cartwright--Frances Blacket--Jane Holmes--Katherine Fitzpatrick--Mary
Robinson--Jane Martin--Timothy Benson--Joseph Shrewsberry--Anthony
Drury--William Miller--Robert Haynes--Thomas Timms, Thomas Perry and
Edward Brown--Alice Green--An Account of the Murder of Mr. Widdington
Darby--Joshua Cornwall


Volume Three

John Turner, _alias_ Civil John--John Johnson--James Sherwood, George
Weldon and John Hughs--Martin Bellamy--William Russell, Robert Crough and
William Holden--Christopher Rawlins, etc.--Richard Hughes and Bryan
MacGuire--James How--Griffith Owen, Samuel Harris and Thomas
Medline--Peter Levee, etc.--Thomas Neeves--Henry Gahogan and Robert
Blake--Peter Kelley--William Marple and Timothy Cotton--John
Upton--Jephthah Bigg--Thomas James Grundy--Joseph Kemp--Benjamin
Wileman--James Cluff--John Dyer--William Rogers, William Simpson and
Robert Oliver--James Drummond--William Caustin and Geoffrey
Younger--Henry Knowland and Thomas Westwood--John Everett--Robert
Drummond and Ferdinando Shrimpton--William Newcomb--Stephen
Dowdale--Abraham Israel--Ebenezer Ellison--James Dalton--Hugh
Houghton--John Doyle--John Young--Thomas Polson--Samuel
Armstrong--Nicholas Gilburn--James O'Bryan, Hugh Morris and Robert
Johnson--Captain John Gow

Appendix

Index




LIST OF ILLUSTRATIONS

Murder on Hounslow Heath
Matthew Clark cutting the throat of Sarah Goldington
A Prisoner Under Pressure in Newgate
The Hangman arrested when attending John Meff to Tyburn
Stephen Gardiner making his dying speech at Tyburn
Jack Sheppard in the Stone Room in Newgate
Trial of a Highwayman at the Old Bailey
Jonathan Wild pelted by the mob on his way to Tyburn
A Condemned Man drawn on a Sledge to Tyburn
The Murder of John Hayes:
Catherine Hayes, Wood and Billings cutting off the head
John Hayes's Head exhibited at St. Margaret's, Westminster
Catherine Hayes burnt for the murder of her husband
Joseph Blake attempting the life of Jonathan Wild
An Execution in Smithfield Market
Highway Robbery of His Majesty's Mail
A Gang of Men and Women Transports being marched from
Newgate to Blackfriars




INTRODUCTION

_To close the scene of all his actions he
Was brought from Newgate to the fatal tree;
And there his life resigned, his race is run,
And Tyburn ends what wickedness begun._

If there be a haunted spot in London it must surely be a few square
yards that lie a little west of the Marble Arch, for in the long course
of some six centuries over fifty thousand felons, traitors and martyrs
took there a last farewell of a world they were too bad or too good to
live in. From remote antiquity, when the seditious were taken _ad furcas
Tyburnam_, until that November day in 1783 when John Austin closed the
long list, the gallows were kept ever busy, and during the first half of
the eighteenth century, with which this book deals, every Newgate
sessions sent thither its thieves, highwaymen and coiners by the score.

There has been some discussion as to the exact site of Tyburn gallows,
but there can be little doubt that the great permanent three-beamed
erection--the Triple Tree--stood where now the Edgware Road joins Oxford
Street and Bayswater Road. A triangular stone let into the roadway
indicates the site of one of its uprights. In 1759 the sinister beams
were pulled down, a moveable gibbet being brought in a cart when there
was occasion to use it. The moveable gallows was in use until 1783, when
the place of execution was transferred to Newgate; the beams of the old
structure being sawn up and converted to a more genial use as stands for
beer-butts in a neighbouring public-house.

The original gallows probably consisted of two uprights with a
cross-piece, but when Elizabeth's government felt that more adequate
means must be provided to strengthen its subjects' faith and enforce the
penal laws against Catholics, a new type of gibbet was sought. So in
1571 the triangular one was erected, with accommodation for eight such
miscreants on each beam, or a grand total of twenty-four at a
stringing. It was first used for the learned Dr. John Story, who, upon
June 1st, "was drawn upon a hurdle from the Tower of London unto Tyburn,
where was prepared for him a new pair of gallows made in triangular
manner". There is rather a gruesome tale of how, when in pursuance of
the sentence the executioner had cut him down and was "rifling among his
bowels", the doctor arose and dealt him a shrewd blow on the head.
Doctor Story was followed by a long line of priests, monks, laymen and
others who died for their faith to the number of some three thousand.
And the Triple Tree, the Three-Legged Mare, or Deadly Never-green, as
the gallows were called with grim familiarity, flourished for another
two hundred years.

In the early eighteenth century it appears to have been the usual custom
to reserving sentencing until the end of the sessions, but as soon as
the jury's verdict of guilty was known steps were taken to procure a
pardon by the condemned man's friends. They had, indeed, much more
likelihood of success in those times when the Law was so severe than in
later days when capital punishment was reserved for the most heinous
crimes. On several occasions in the following pages mention is made of
felons urging their friends to bribe or make interest in the right
quarters for obtaining a pardon, or commutation of the sentence to one
of transportation. It was not until the arrival of the death warrant
that the condemned man felt that the "Tyburn tippet" was really being
drawn about his neck.

No better description can be given of the ride to Tyburn tree, from
Newgate and along Holborn, than that furnished by one of the _Familiar
Letters_ written by Samuel Richardson in 1741:

I mounted my horse and accompanied the melancholy cavalcade from
Newgate to the fatal Tree. The criminals were five in number. I was
much disappointed at the unconcern and carelessness that appeared in
the faces of three of the unhappy wretches; the countenance of the
other two were spread with that horror and despair which is not to
be wondered at in men whose period of life is so near, with the
terrible aggravation of its being hastened by their own voluntary
indiscretion and misdeeds. The exhortation spoken by the Bell-man,
from the wall of St. Sepulchre's churchyard is well intended; but
the noise of the officers and the mob was so great, and the silly
curiosity of people climbing into the cart to take leave of the
criminals made such a confused noise that I could not hear the
words of the exhortation when spoken, though they are as follows:

All good people pray heartily to God for these poor sinners, who are
now going to their deaths; for whom this great bell doth toll.

You that are condemned to die, repent with lamentable tears. Ask
mercy of the Lord for the salvation of your own souls through the
merits, death and passion of Jesus Christ, Who now sits at the right
hand of God, to make intercession for as many of you as penitently
return unto Him.

Lord, have mercy upon you! Christ have mercy upon you!

Which last words the Bell-man repeats three times.

All the way up to Holborn the crowd was so great as at every twenty
or thirty yards to obstruct the passage; and wine, notwithstanding a
late good order against this practice, was brought to the
malefactors, who drank greedily of it, which I thought did not suit
well with their deplorable circumstances. After this the three
thoughtless young men, who at first seemed not enough concerned,
grew most shamefully wanton and daring, behaving, themselves in a
manner that would have been ridiculous in men in any circumstances
whatever. They swore, laughed, and talked obscenely, and wished
their wicked companions good luck with as much assurance as if their
employment had been the most lawful.

At the place of execution the scene grew still more shocking, and
the clergyman who attended was more the subject of ridicule than of
their serious attention. The Psalm was sung amidst the curses and
quarrelling of hundreds of the most abandoned and profligate of
mankind, upon them (so stupid are they to any sense of decency) all
the preparation of the unhappy wretches seems to serve only for
subject of a barbarous kind of mirth, altogether inconsistent with
humanity. And as soon as the poor creatures were half dead, I was
much surprised to see the populace fall to hauling and pulling the
carcasses with so much earnestness as to occasion several warm
rencounters and broken heads. These, I was told, were the friends of
the persons executed, or such as, for the sake of to-night, chose to
appear so: as well as some persons sent by private surgeons to
obtain bodies for dissection. The contests between these were fierce
and bloody, and frightful to look at; so I made the best of my way
out of the crowd, and with some difficulty rode back among the large
number of people who had been upon the same errand as myself. The
face of every one spoke a kind of mirth, as if the spectacle they
had beheld had afforded pleasure instead of pain, which I am wholly
unable to account for....

One of the bodies was carried to the lodging of his wife, who not
being in the way to receive it, they immediately hawked it about to
every surgeon they could think of; and when none would buy it they
rubbed tar all over it, and left it in a field scarcely covered with
earth.

In a few words, too, Swift draws a vivid picture of a rogue on his last
journey through the London streets:

His waistcoat, and stockings, and breeches were white;
His cap had a new cherry ribbon to tie't.
The maids to the doors and the balconies ran,
And said, "Lack-a-day, he's a proper young man!"
But as from the windows the ladies he spied,
Like a beau in a box, he bow'd low on each side.

Execution day, or Tyburn Fair, as it was jocularly called, was not
only a holiday for the ragamuffins and idlers of London; folk of all
classes made their way thither to indulge a morbid desire of seeing
the dying agonies of a fellow being, criminal or not. There were
grand stands and scaffoldings from which the more favoured could
view the proceedings in comfort, and every inch of window space and
room on the neighbouring roofs was worth a pretty penny to the
owners. In his last scene of the career of the Idle Apprentice
Hogarth drew a picture of Tyburn Tree which no description can
amplify.

As the procession drew near the hangman clambered to the cross-piece
of the gallows and lolled there, pipe in mouth, until the first cart
drew up beneath him. Then he would reach down, or one of his
assistants would pass up, one after the other, the loose ends of the
halters which the condemned men had had placed round their necks
before leaving Newgate. When all were made fast Jack Ketch climbed
down and kicked his heels until the sheriff, or maybe the felons
themselves, gave him the sign to drive away the cart and leave its
occupants dangling in mid-air. The dead men's clothes were his
perquisite, and now was his time to claim them. There is a graphic
description of how, on one occasion, when the murderer "flung down
his handkerchief for the signal for the cart to move on, Jack Ketch,
instead of instantly whipping on the horse, jumped on the other side
of him to snatch up the handkerchief, lest he should lose his
rights. He then returned to the head of the cart and jehu'd him out
of the world".

As the cart drew away a few carrier pigeons, which were released
from the galleries, flew off City-ward to bear the tidings to
Newgate.

Perhaps as good a description of the actual event as can be obtained is
contained in a letter from Anthony Storer to his friend George Selwyn, a
morbid cynic whose cruel and tasteless bon-mots were hailed as wit by
Horace Walpole and his cronies. The execution was that of Dr. Dodd, the
"macaroni parson", whose unfortunate vanity led him to forgery and
Tyburn. The date--June 27, 1777--is considerably after the period of our
book, but the description applies as well as if it had been written
expressly for it.

Upon the whole, the piece was not very full of events. The doctor,
to all appearances, was rendered perfectly stupid from despair. His
hat was flapped all round, and pulled over his eyes, which were
never directed to any object around, nor even raised, except now and
then lifted up in the course of his prayers. He came in a coach, and
a very heavy shower of rain fell just upon his entering the
executioner's cart, and another just at his putting on his nightcap.
During the shower an umbrella was held over his head, which Gilly
Williams, who was present, observed was quite unnecessary, as the
doctor was going to a place where he might be dried.

He was a considerable time in praying, which some people standing
about seemed rather tired with; they rather wished for a more
interesting part of the tragedy. The wind, which was high, blew off
his hat, which rather embarrassed him, and discovered to us his
countenance, which we could scarcely see before. His hat, however,
was soon restored to him, and he went on with his prayers. There
were two clergymen attending on him, one of whom seemed very much
affected. The other, I suppose, was the Ordinary of Newgate, as he
was perfectly indifferent and unfeeling in everything he did and
said.

The executioner took both the hat and wig off at the same time. Why
he put on his wig again I do not know, but he did; and the doctor
took off his wig a second time, and then tied on the nightcap which
did not fit him; but whether he stretched that or took another, I
did not perceive. He then put on his nightcap himself, and upon his
taking it he certainly had a smile on his countenance, and very soon
afterwards there was an end of all his hopes and fears on this side
of the grave. He never moved from the place he first took in the
cart; seemed absorbed in despair and utterly dejected; without any
other sign of animation but in praying. I stayed until he was cut
down and put in the hearse.

But the hangman's work was not always done when he had turned off his
man. The full sentence for high treason, for example, provided him with
much more occupation. In the first place, the criminal was drawn to the
gallows and not carried or allowed to walk. Common humanity had
mitigated this sentence to being drawn upon a hurdle or sledge, which
preserved him from the horrors of being dragged over the stones. Having
been hanged, the traitor was then cut down alive, and Jack Ketch set
about disembowelling him and burning his entrails before he died. The
head was then completely severed, the body quartered and the dismembered
pieces taken away for exhibition at Temple Bar and other prominent
places.

Here is the account of one such execution. "After the traitor had hung
six minutes he was cut down, and having life in him, as he lay upon the
block to be quartered, the executioner gave him several blows on his
breast, which not having the effect designed, he immediately cut his
throat; after which he took his head off; then ripped him open and took
out his bowels and heart, and then threw them into a fire which consumed
them. Then he slashed his four quarters and put them with the head into
a coffin.... His head was put on Temple Bar and his body and limbs
suffered to be buried."

Such proceedings were exceptional, however. In the majority of
executions the body was taken down when life was considered to be
extinct, and carried away to Surgeon's Hall for dissection. Sometimes
the relatives used their influence to have the corpse handed over to
them (often not even in a coffin) and they then carried it away in a
coach for decent burial, or to try resuscitation. Occasionally, indeed,
hanged men came to life again. In 1740 one Duel, or Dewell, was hanged
for a rape, and his body taken to Surgeons' Hall in the ordinary
routine. As one of the attendants was washing it he perceived signs of
life. Steps were taken immediately and Duel was brought to, and
eventually taken away in triumph by the mob, who had got wind of the
affair and refused to allow the Law to re-hang their man. A little
earlier something of the same sort had happened to John Smith, who had
been hanging for five minutes and a quarter, during which time the
hangman "pulled him by the legs and used other means to put a speedy
period to his life", when a reprieve arrived and he was cut down. He was
hurried away to a neighbouring tavern where restoratives were given,
blood was let, and after a time he came to himself, "to the great
admiration of the spectators". According to his own account of the
affair, he felt a terrible pain when first the cart drew away and left
him dangling, but that ceased almost at once, his last sensation being
that of a light glimmering fitfully before his eyes. Yet all his
previous agony was surpassed when he was being brought to, and the blood
began to circulate freely again. A last ignominy, and one strangely
dreaded by some of the most hardened criminals, was hanging in irons.
When life was extinct the corpse was placed in a sort of iron cage and
thus suspended from a gibbet, usually by the highway or near the place
where the crime had been committed. There it hung until it fell to
pieces from the effects of Time and the weather, and only a few hideous
bones and scraps of dried flesh remained as evidence of the strong hand
of the Law.




With the exception of minor alterations in punctuation and spellings
this book is a complete reprint of three volumes printed and sold by
John Osborn, at the Golden Ball, in Paternoster Row, 1735.

A. L. H.




LIVES OF THE CRIMINALS

VOLUME ONE




THE PREFACE


_The clemency of the Law of England is so great that it does not take
away the life of any subject whatever, but in order to the preservation
of the rest both by removing the offender from a possibility of
multiplying his offences, and by the example of his punishment intending
to deter others from such crimes as the welfare of society requires
should be punished with the utmost severity of the Law. My intention in
communicating to the public the lives of those who, for about a dozen
years past have been victims to their own crimes, is to continue to
posterity the good effects of such examples, and by a recital of their
vices to warn those who become my readers from ever engaging in those
paths which necessarily have so fatal an end. In the work itself I have,
as well as I am able, painted in a proper light those vices which induce
men to fall into those courses which are so justly punished by the
Legislature._

_I flatter myself that however contemptible the_ Lives of the Criminals,
_etc., may seem in the eyes of those who affect great wisdom and put on
the appearance of much learning, yet it will not be without its uses
amongst the middling sort of people, who are glad to take up with books
within the circle of their own comprehension. It ought to be the care of
all authors to treat their several subjects so that while they are read
for the sake of amusement they may, as it were imperceptibly, convey
notions both profitable and just. The adventures of those who, for the
sake of supplying themselves with money for their debaucheries, have
betaken themselves to the desperate trade of knights of the road, often
have in them circumstances diverting enough and such as serve to show us
what sort of amusements they are by which vice betrays us to ruin, and
how the fatal inclination to gratify our passions hurries us finally to
destruction._

_I would not have my readers imagine however, because I talk of
rendering books of this kind useful, that I have thrown out any part of
what may be styled interesting. On the contrary, I have carefully
preserved this and as far as the subject would give me leave, improved
it, but with this caution always, that I have set forth the
entertainments of vice in their proper colours, lest young people might
be led to take them for innocent diversions, and from figures not
uncommon in modern authors, learn to call lewdness gallantry, and the
effects of unbridled lust the starts of too warm an imagination. These
are notions which serve to cheat the mind and represent as the road of
pleasure that which is indeed the highway to the gallows. This, I
conceived, was the use proper to be made of the lives, or rather the
deaths of malefactors, and if I have done no other good in writing them,
I shall have at least this satisfaction, that I have preserved them from
being presented to the world in such a dress as might render the_
Academy of Thieving _their proper title, a thing once practised before,
and if one may guess from the general practice of mankind, might
probably have been attempted again, with success. How a different method
will fare in the world, time only can determine, and to that I leave it.
Yet considering the method in which I treat this subject, I readily
forsaw one objection which occasioned my writing so long a preface as
this, in order that it might be fully obviated._

_Though in the body of the work itself I have carefully traced the rise
of those corrupt inclinations which bring men to the committing of facts
within the cognizance of the Law, it still remains necessary that my
readers also become acquainted, at least in general, with what those
facts are which are so severely punished. In doing this I shall not
speak of matters in the style of a lawyer, but preserve the same
plainness of language which, as I thought it the most proper, I have
endeavoured throughout the whole piece._

_The order of things requires that I should first of all take notice how
the Law comes to have a right of punishing those who live under it with
Death or other grievous penalties, and this in a few words arises thus.
We enter into society for the sake of protection, and as this renders
certain laws necessary, we are justly concluded by them in other cases
for the protection of others; but of all the criminal institutions which
have been settled in any nation, never was any more just, more
reasonable, or fuller of clemency, than that which is called the Crown
Law in England. In speaking of this it may not be improper to explain
the meaning of that term, which seems to take its rise from the
conclusion of indictments, which run always_ contra pacem dicti domini
regis, coronam et dignitatem suam _(against the peace of our Sovereign
Lord the King, his Crown and Dignity) and therefore, as the Crown is
always the prosecutor against such offenders, the Law which creates the
offence is with propriety enough styled the Crown Law._

_The first head of Crown Law is that which concerns offences committed
against God, and anciently there were three which were capital, viz.,
heresy, witchcraft and sodomy; but the law passed in the reign of King
Charles the Second for taking away the writ_ de Hæretica comburendo,
_leaves the first not now punishable with death, even in its highest
degree. However, by a statute made in the reign of King William, persons
educated in the Christian religion who are convicted of denying the
Trinity, the Christian religion, or the authority of the Scriptures, are
for the first offence to be adjudged incapable of office, for the second
to be disabled from suing in any action, and over and above other
incapacities to suffer three years' imprisonment. As to witchcraft, it
was formerly punished in the same manner as heresy. In the time of
Edward the Third, one taken with the head and face of a dead man and a
book of sorcery about him, was brought into the King's Bench, and only
sworn that he would not thenceforth be a sorcerer, and so dismissed, the
head, however, being burnt at his charge. There was a law made against
conjurations, enchantments and witchcraft, in the days of Queen
Elizabeth, but it stands repealed by a statute of King James's time,
which is the law whereon all proceedings at this day are founded. By
this law, any person invoking or conjuring any evil spirit, covenanting
with, employing, feeding, or rewarding them, or taking up any dead
person out of their grave, or any part of them, and making use of it in
any witchcraft, sorcery, etc., shall suffer death as a felon, without
benefit of clergy, and this whether the spirits appear, or whether the
charm take effect or no. By the same statute those who take upon them by
witchcraft, etc., to tell where treasure is hid, or things lost or
stolen should be found, or to engage unlawful love, shall suffer for the
first offence a year's imprisonment, and stand in the pillory once every
quarter in that year six hours, and if guilty a second time, shall
suffer death; even though such discoveries should prove false, or
charms, etc., should have no effect. Executions upon this Act were
heretofore frequent, but of late years, prosecutions on these heads in
which vulgar opinion often goes a great way have been much discouraged
and discontinued. As for the last head it remains yet capital, by virtue
of a statute made in the reign of Henry VIII, which had been repealed in
the first of Queen Mary, and was revived in the fifth of Queen
Elizabeth, by which statute, after reciting that the laws then in being
in this realm were not sufficient for punishing that detestable vice, it
is enacted that such crimes for the future, whether committed with
mankind or beasts, should be punished as felonies without benefit of
clergy._

_It is wide of my purpose to dwell any longer on those crimes which are
by the laws styled properly against God, seeing none of the persons
mentioned in the following work were executed for doing anything against
them. Let us therefore pass on to the second great branch of the Crown
Law, viz., offences immediately against the King, and these are either
treasons or felonies. Of treasons there are four kinds, all settled by
the Statute of the 25th of Edward the Third. The two latter only, viz.,
offences against the King's great or privy seal, and offences in
counterfeiting money, have anything to do with our present design, and
therefore we shall speak particularly of them. Not only the persons who
actually counterfeit those seals, but even the aiders and consenters to
such counterfeiting, are within the Act, and by a statute made in the
reign of Queen Mary, counterfeiting the sign manual or privy signet, is
also made high treason. By the same statute of Edward the Third, the
making of false money, or the bringing it into this realm, in deceit of
our Lord the King and his people, was also declared to be high treason,
but this Act being found insufficient, clippers being not made guilty
either of treason or of misprison of treason, it was helped in that
respect by several other Acts; but the fullest of all was the Act made
in the reign of the late King William, and rendered perpetual by a
subsequent Law made in the reign of her late Majesty [Anne], whereby it
is enacted, that whoever shall make, mend, buy, sell, or have in his
possession, any mould or press for coining, or shall convey such
instruments out of the King's Mint, or mark on the edges of any coin
current or counterfeit, or any round blanks of base metal, or colour or
gild any coin resembling the coin of this kingdom, shall suffer death as
in case of high treason. At the time when these laws were made coining
and clipping were at a prodigious height, and practised not only by mean
and indigent persons but also by some of tolerable character and rank,
insomuch that these executions were numerous for some years after
passing the said Act, which as it created some new species of high
treason, so it also made felony some other offences against the coin
which were not so, or at least were not clearly so before, viz., to
blanch copper for sale; or to mix blanch copper with silver, or
knowingly or fraudulently to buy any mixture which shall be heavier than
silver, and look, touch, and wear like gold, but be manifestly worse; or
receive, or pay any counterfeit money at a lower rate than its
denomination doth import, shall be guilty of felony._

_A third head under which, in this cursory account of Crown Law, I shall
range other offences that are punished capitally, are those against our
fellow subjects, and they are either committed against their lives,
their goods or their habitations. With respect to those against life, if
one person kill another without any malice aforethought, then that
natural tenderness of which the Law of England is full, interposes for
the first fact, which in such a case is denominated manslaughter. Yet
there is a particular kind of manslaughter which, by the first of King
James, is made felony without benefit of clergy, and that is, where a
person shall stab or thrust any person or persons that have not any
weapon drawn (or that have not first struck the party which shall so
stab or thrust), so that the person or persons so stabbed or thrust
shall die within six months next following, though it cannot be proved
that the same was done of malice aforethought. This Act it is which is
commonly called the Statute of Stabbing._

_As to murder properly so called, and taking it as a term in the English
Law, it signifies the killing of any person whatsoever from malice
aforethought, whether the person slain be an Englishman or not, and this
may not only be done directly by a wound or blow, but also by
deliberately doing a thing which apparently endangers another's life, so
that if death follow thereon he shall be adjudged to have killed him.
Such was the case of him who carried his sick father from one town to
another against his will in a frosty season. It would be too long for
this Preface, should I endeavour to distinguish the several cases which
in the eye of the Law come under this denomination; having, therefore, a
view to the work itself, I shall distinguish two points only from which
malice prepense is presumed in Law._

_(1) Where an express purpose appears in him who kills, to do some
personal injury to him who is slain; in which case malice is properly to
be expressed._

_(2) Where a person in the execution of an unlawful action kills
another, though his principal intent was not to do any personal injury
to the person slain; in which case the malice is said to be implied._

_As to duels where the blood has once cooled, there is no doubt but he
who kills another is guilty of wilful murder; or even in case of a
sudden quarrel, if the person killing appear by any circumstance to be
master of his temper at the time he slew the other, then it will be
murder. Not that the English Law allows nothing to the frailties of
human nature, but that it always exerts itself where there appears to
have been a person killed in cool blood. Far this reason the seconds at
a premeditated duel have been held guilty of murder, nor will the
justice of the English Law be defeated where a person appears to have
intended a less hurt than death, if that hurt arose from a desire of
revenge in cool blood; for if the person dies of the injury it will be
murder. So, also, where the revenge of a sudden provocation is executed
in a cruel manner, though without intention of death, yet if it happen,
it is murder._

_We come now to those kinds of killing in which the Law, from the second
method of reasoning we have spoken of, implies malice, and into which
slaying of others, those unfortunate persons of whom we speak in the
following sheets were mostly led either through the violence of their
passions, or through the necessity into which they are often drawn by
the commission of thefts and other crimes. Thus, were a person to kill
another in doing a felony, though it be by accident, or where a person
fires at one who resists his robbing him and by such firing kills
another against whom he had no design, yet from the evil intention of
the first act, he becomes liable for all its consequences, and the fact,
by an implication of malice, will be adjudged murder. Nay, though there
be no design of committing felony, but only of breaking the peace, yet
if a man be slain in the tumult they will all be guilty of murder,
because their first act was a deliberate breach of the Law. There is yet
another manner of killing which the Law punishes with the utmost
severity, which is resisting an officer, civil or criminal, in the
execution of his office (arresting a person) so that he be slain, yet
though he did not produce his warrant, the offence will be adjudged
murder. And if persons who design no mischief at all, do unadvisedly
commit any idle wanton act which cannot but be attended with manifest
danger, such as riding with a horse known to kick amongst a crowd of
people, merely to divert oneself by putting them in a fright, and by
such riding a death ensues, there such a person will be judged guilty of
murder. Yet some offences there are of so transcendent a cruelty that
the Law hath thought fit to difference them from the other murders, and
these are of three sorts, viz., where a servant kills his master; where
a wife kills her husband; where an ecclesiastical man kills his prelate
to whom he owes obedience. In all these cases the Law makes the crimes
Petit Treason._

_From crimes committed against the lives of men we descend next to
offences against their goods, in which, that we may be the more clearly
understood, we shall begin with the lowest kind of thefts. The Law calls
it larceny where there is felonious and fraudulent taking and carrying
away the mere personal goods of another, so long as it be neither from
his person nor out of his house. If the value of such goods be under
twelvepence, then it is called petty larceny, and is punishable only by
whipping or other corporal punishments; but if they exceed that value,
then it is grand larceny, and is punishable with death, where benefit of
clergy is not allowed._

_There are a multitude of offences contained under the general title of
grand larceny, and, therefore, as I intend only to give my readers such
a general idea of Crown Law as may serve to render the following pages
more intelligible, so I shall dwell on such particulars as are more
especially useful in that respect, and leave the perfect knowledge of
the pleas of the Crown to be attained by the study of the several books
which treat of them directly and fully. There was until the reign of
King William, a doubt whether a lodger who stole the furniture of his
lodgings were indictable as a felon, inasmuch as he had a special
property in the goods, and was to pay the greater rent in consideration
of them. To clear this, a Statute was made in the afore-mentioned reign,
by which it is declared larceny and felony for any person to steal,
embezzle, or purloin any chattel or furniture which by contract he was
to have the use of in lodging; and by a Statute made in the reign of
Henry VIII, it is enacted that all servants being of the age of eighteen
years, and not apprentices, to whom goods and chattels shall be
delivered by their masters or mistresses for them to keep, if they shall
go away with, or shall defraud or embezzle any part of such goods or
chattels, to the value of forty shillings or upwards, then such false
and fraudulent act be deemed and adjudged felony._

_But besides simple larceny, which is divided into grand and petty,
there is a mixed larceny which has a greater degree of guilt in it, as
being a taking from the person of a man or from his house. Larceny from
the person of a man either puts him in fear, and then it is a robbery,
or does not put him in fear, and then it is a larceny from the person,
and of this we shall speak first. It is either committed without a man's
knowledge, and in such a case it is excluded from benefit of clergy, or
it is openly done before the person's face, and then it is within the
benefit of clergy, unless it be in a dwelling-house and to the value of
forty shillings, in which case benefit is taken away by an Act made in
the reign of the late Queen. Larceny from the house is at this day in
several cases excluded from benefit of clergy, but in others it is
allowed._

_Robbery is the taking away violently and feloniously the goods or money
from the person of a man, putting him in fear; and this taking is not
only with the robber's own hands, but if he compel, by the terror of his
assault, the person whom he robs to give it himself, or bind him by such
terrible oaths, that afterwards in conscience he thinks himself obliged