Lives of the Most Remarkable Criminals Who have been Condemned and Executed Part 19

[55]

This was the statute of 1530 (22 Hen. VIII, c, 10) directed against "outlandish people calling themselves Egyptians." It was amended 1 & 2 Ph. & Mary, c. 4 and 5 Eliz., c. 10 and sundry other legislation was of a similar tenour.

The Life of JAMES WHITE, a Thief

Stupidity, however it may arise, whether from a natural imperfection of the rational faculties, or from want of education, or from drowning it wholly in b.e.s.t.i.a.l and sensual pleasures, is doubtless one of the highest misfortunes which can befall any man whatsoever; for it not only leaves him little better than the beasts which perish, exposed to a thousand inconveniences against which there is no guard but that of a clear and unbiased reason, but it renders him also base and abject when under misfortunes, the sport and contempt of that wicked and debauched part of the human species who are apt to scoff at despairing misery, and to add by their insults to the miseries of those who sink under their load already.

James White, who is to be the subject of the following narration, was the son of very honest and reputable parents, though their circ.u.mstances were so mean as not to afford wherewith to put their son to school, and they themselves were so careless as not to procure his admission into the Charity School. By all which it happened that the poor fellow knew hardly anything better than the beasts of the field, and addicted himself like them, to filling his belly and satisfying his l.u.s.t. Whenever, therefore, either of those brutish appet.i.tes called, he never scrupled plundering to obtain what might supply the first, or using force that might oblige women to submit against their wills unto the other.

While he was a mere boy, and worked about as he could with anybody who would employ him, he found a way to steal and carry off thirty pounds weight of tobacco, the property of Mr. Perry, an eminent Virginian merchant; for which he was at the ensuing a.s.sizes at the Old Bailey, tried and convicted, and thereupon ordered for transportation, and in pursuance of that sentence sent on board the transport vessel accordingly. Their allowance there was very poor, such as the miserable wretches could hardly subsist on, viz., a pint and a half of fresh water, and a very small piece of salt meat per diem each; but that wherein their greatest misery consisted was the hole in which they were locked underneath the deck, where they were tied two and two, in order to prevent those dangers which the s.h.i.+p's crew often runs by the attempts made by felons to escape. In this disconsolate condition he pa.s.sed his time until the arrival of the s.h.i.+p in America, where he met with a piece of good luck (if attaining liberty may be called good luck) without acquiring at the same time a means to preserve life in any comfort. It happened thus.

The super-cargo falling sick, under the usual distemper which visits strangers at first coming if they keep not to the exact rules of temperance and forbearance of strong liquors, ran quickly so much in debt with his physician that he was obliged immediately to go off, by doing which six felons became their own masters, of whom James White was one. He retired into the woods and lived there in a very wretched manner for some time, till he met with some Indian families in that retreat, who according to the natural uncultivated humanity of that people cherished and relieved him to the utmost of their power.

Soon after this, he went to work amongst some English servants, in order to ease them, telling them how things stood with him, viz., that he had been transported, and that for fear of being seized he fled into the woods, where he had endured the greatest hards.h.i.+ps. The servants pitying his desperate condition relieved him often, without the knowledge of their mistress until they got him into a planter's service, where though he worked hard he was sure to fare tolerably well. But at length being ordered to carry water in large vessels over the rocks to the s.h.i.+p that rode in the bay underneath it, his feet were thereby so intolerably cut that he was soon rendered lame and incapable of doing it any longer. The family thereupon grew weary of keeping him in that decrepit state he was in, and so for what servile scullion-like labour he was able to do, a master of a s.h.i.+p took him on board and carried him to England.

On his return hither, he went directly to his friends in Cripplegate parish and told them what had befallen him, and how he was driven home again almost as much by force as he was hurried abroad. They were too poor to be able to conceal him, and he was therefore obliged to go and cry fruit about the streets publicly, that he might not want bread. He went on in this mean but honest way, without committing any new acts that I am able to learn, for the s.p.a.ce of some months. Then being seen and known by some who were at that employed (or at least employed themselves) in detecting and taking up all such persons as returned from transportation, White amongst the rest was seized, and the ensuing sessions at the Old Bailey convicted on the Statute. He pleaded that he was only a very young man, and if the Court would have so much pity on him as to send him over again, he would be satisfied to stay all his life-time in America; but the resolution which had been taken to spare none who returned back into England, because such persons were more b.l.o.o.d.y and dangerous rogues than any other, and when prompted by despair, apt to resist the officers of justice, took place, and he was put into the death warrant.

Both before and after receiving sentence, he not only abandoned himself to stupid, heedless indolence, but behaved in so rude and troublesome a manner as occasioned his being complained of by those miserable wretches who were under the same condemnation, as a greater grievance to them than all their other misfortunes put together. He would sometimes threaten women who came into the hold to visit modestly, tease them with obscene discourse, and after his being prisoner there committed acts of lewdness to the amazement and horror of the most wicked and abandoned wretches in that dreadful place. Being however severely reprimanded for continuing so beastly a course of life, when life itself was so near being extinguished, he laid the crime to his own ignorance, and said that if he were better instructed he would behave better, but he could not bear being abused, threatened and even maltreated by those who were in the same state with himself. From this time he addicted himself to attend more carefully to religious discourses than most of the rest, and as far as the amazing dullness of his intellects would give him leave, applied to the duties of his sad state.

Before his death he gave many testimonies of a sincere and unaffected sorrow for his crimes, but as he had not the least notion of the nature, efficacy or preparation necessary for the Sacrament, it was not given him as is usually done to malefactors the day of their death. At the place of execution he seemed surprised and astonished, looked wildly round upon the people, and then asking the minister who attended him what he must do now, the person spoke to instructed him; so shutting his hands close, he cried out with great vehemence, Lord receive my soul.

His age was about twenty-five at the time he suffered, which was on the 6th day of November, 1723.

The Life of JOSEPH MIDDLETON, Housebreaker and Thief

Amongst the numbers of unhappy wretches who perish at the gallows, most pity seems due to those who, pressed by want and necessity, commit in the bitter exigence of starving, some illegal act purely to support life. But this is a very scarce case, and such a one as I cannot in strictness presume to say that I have hitherto met with in all the loads of papers I have turned over to this purpose, though as the best motive to excite compa.s.sion, and consequently to obtain mercy, it is made very often a pretence.

Joseph Middleton was the son of a very poor, though honest, labouring man in the county of Kent, near Deptford, who did all that was in his power to bring up his children. This unfortunate son was taken off his hand by an uncle, a gardener, who brought up the boy to his own business, and consequently to labour hard enough, which would, to an understanding person, appear no such very great hards.h.i.+p where a man had continually been inured to it even from his cradle, and had neither capacity nor the least probability of attaining anything better. Yet such an intolerable thing did it seem to Middleton that he resolved at any cost to be rid of it, and to purchase an easier way of spending his days.

In order to this, he very wisely chose to go aboard a man-of-war then bound for the Baltic. He was in himself a stupid, clumsy fellow, and the officers and seamen in the s.h.i.+p treated him so harshly, the fatigue he went through was so great, and the coldness of the climate so pinching to him, that he who so impatiently wished to be rid of the country work, now wished as earnestly to return thereto. Therefore, when on the return of Sir John Norris, the s.h.i.+p he was in was paid off and discharged, he was in an ecstacy of joy thereat, and immediately went down again to settle hard to labour as he had done before, experience having convinced him that there were many more hards.h.i.+ps sustained in one short ramble than in a staid though laborious life.

In order, as is the common phrase, to settle in the world, he married a poor woman, by whom he had two children, and thereby made her as unhappy as himself; what he was able to earn by his hands falling much short of what was necessary to keep house in the way he lived, this reduced him to such narrowness of circ.u.mstances that he was obliged (as he would have it believed) to take illegal methods for support.

His own blockish and dastardly temper, as it had prevented his ever doing good in any honest way, so it as effectually put it out of his power to acquire anything considerable by the rapine he committed; for as he wanted spirit to go into a place where there was immediate danger, so his companions, who did the act while he scouted about to see if anybody was coming, and to give them notice, when they divided the booty gave him just what they thought fit, and keep the rest to themselves. He had gone on in this miserable way for a considerable s.p.a.ce, and yet was able to acquire very little, his wants being very near as great while he robbed every night, as they were when he laboured every day, so that in the exchange he got nothing but danger into the bargain.

At last, he was apprehended for breaking into the house of John de Pais and Joseph Gomeroon, and taking there jewels and other things to a great value, though his innocence in not entering the place would sufficiently excuse him, for he pleaded at his trial that he was so far from breaking the house that he was not so much as on the ground of the prosecutor when it was broke, but on the contrary, as appeared by their own evidence, on the other side of the way. But it being very fully proved by the evidence that Joseph Middleton belonged to the gang, that he waited there only to give them an intelligence, and shared in the money they took, the jury found him guilty.

While he lay under conviction, he did his utmost to understand what was necessary for him to do in order to salvation. He applied himself with the utmost diligence to praying G.o.d to instruct him and enlighten his understanding, that he might be able to improve by his sufferings and reap a benefit from the chastis.e.m.e.nts of his Maker. In this frame of mind he continued with great steadiness and calmness till the time of his execution, at which he showed some fear and confusion, as the sight of such a death is apt to create even in the stoutest and best prepared breast. This Joseph Middleton, at the time of his exit, was in about the fortieth year of his age.

The Life of JOHN PRICE,[56] a Housebreaker

A profligate life naturally terminates in misery, and according unto the vices which it has most pursued, so are its punishments suited unto it. Drunkenness besots the understanding, ruins the const.i.tution, and leaves those addicted to it in the last stages of life, in want and misery, equally dest.i.tute of all necessaries, and incapable to procure them. Lewdness and l.u.s.t after loose women enervate both the vigour of the brain and strength of the body, induce weaknesses that antic.i.p.ate old age, and afflict the declining sinner with so many evils, as makes him a burden to himself and a spectacle to others. But if, for the support of all these, men fall into rapacious and wicked courses, plundering others who have frugally provided for the supply of life, in order to indulge their own wicked inclinations, then indeed the Law of society interposes generally before the Law of Nature, and cuts off with a sudden and ignominious death those who would otherwise probably have fallen by the fruits of their own sins.

This malefactor, John Price, was one of these wretched people who act as if they thought life was given them only to commit wickedness and satiate their several appet.i.tes with gross impurities, without considering how far they offend either against the inst.i.tutions of G.o.d or the laws of the land. It does not appear that this fellow ever followed any employment that looked like honesty, except when he was at sea. The terrors of a sick-bed alarmed even a conscience so hardened as Price's, and the effects of an ill-spent life appeared so plainly in the weak condition he found himself in, that he made, as he afterwards owned, the most solemn vows of amendment, if through the favour of Providence he recovered his former health. To this he was by the goodness of G.o.d restored, but the resolutions he made on that condition were totally forgotten. As soon as he returned home, he sought afresh the company of those loose women and those abandoned wretches who by the inconveniences into which they had formerly led him, had obliged him to seek for shelter by a long voyage at sea.

What little money he had received when the s.h.i.+p was paid off, was quickly lavished away, so that on the 11th of August, 1725, he with two others named Cliffe and Sparks, undertook, after having well weighed the attempt, to enter the house of the Duke of Leeds by moving the sash, and so plunder it of what was to be got. By their a.s.sistance Cliffe got in at the window, and afterwards handed out a cloak, hat, and other things to his companions Sparks and Price, but they were all immediately apprehended. Cliffe made an information by which he discovered the whole fact, and it was fully proved by Mr. Bealin that Price, when first apprehended, owned that he had been with Cliffe and Sparks. Upon the whole the jury found him guilty, upon which he freely acknowledged the justice of their verdict at the bar.

All the time he lay under conviction he behaved himself as a person convinced of his own unworthiness of life, and therefore repined not at the justice of that sentence which condemned him to death, though in his behaviour before his trial there had appeared much of that rough and boisterous disposition usual in fellows of no education, who have long practised such ways of living. Yet long before his death he laid aside all that ferocity of mind, appearing calm and easy under the weight of his sufferings, and so much dissatisfied with the trouble he had met with in the world that he appeared scarce desirous of remaining in it. He was not able himself to give any account of his age, but as far as could be guessed from his looks, he might be about thirty when executed, which was at the same time with the malefactor last mentioned; Cliffe, whose information had hanged him, being reprieved.

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A fuller account of this rogue will be found on page 276.

LIVES OF THE CRIMINALS

VOLUME TWO

THE PREFACE

In the Preface to my former volume I endeavoured to give my readers some idea of the English Crown Law, in order to shew how consistent it was with right reason, how perfectly just, and at the same time how full of mercy. In this, I intend to pursue the thread of that discourse, and explain the methods by which Justice in criminal cases is to be sought, and the means afforded by our Law to accuse the guilty and to prevent punishment from falling on the innocent. In order to do this the more regularly, it is fit we begin with the apprehension of offenders, and shew the care of the Legislature in that respect.

In sudden injuries, such as a.s.saults on the highway, attempts to murder or to commit any felony whatsoever, there is no necessity for any legal officer to secure the person who is guilty, for every private man hath sufficient authority to seize and bring such criminal, either to a constable or to a Justice of the Peace, in order to have the fact clearly examined and such course taken therein as may conduce to the impartial distribution of Justice. And because men are apt to be scrupulous of interesting themselves in matters which do not immediately concern either their persons or their properties, so the Law hath provided punishments for those who, for fear of risking their private safety or advantage, suffer those who offend against the public to escape unpunished; hence hundreds are liable to be sued for suffering a robber to escape, and that method of pursuit which is called hue and cry is permitted, if no probable way may be left for felons to escape. Now a hue and cry is raised thus: the person robbed, for example, goes to the constable of the next town, tells him the case, described the felon, and the way he went. Whereupon the constable, be it day or night, is to take the a.s.sistance of those in his own town, and pursue him according to those directions immediately, at the same time sending with the utmost expedition to the neighbouring towns, who are to make like pursuit, and to send like notice until the felon be found.

So desirous is our Law of bringing offenders to Justice, and of preserving the roads free from being infested with these vermin. For the better effecting of this, besides those means prescribed by the customs of our ancestors, of later times rewards have been given to such as hazarded their own persons in bringing offenders to justice, and of these, as far as they are settled by Acts of Parliament and thereby rendered certain and perpetual, I shall speak here; though not of those given by proclamation, because they being only for a stated time, people must hereafter have been misled by our account, when that time is expired.

Highwaymen becoming, some time after the Revolution, exceedingly bold and troublesome, by an Act made in the reign of William and Mary, a reward of forty pounds is given for apprehending any one in England or Wales, and prosecuting him so as he be convicted; which forty pounds is to be paid by the sheriff on a certificate of the judge or justices before whom such a felon was convicted. And in case a person shall be killed in endeavouring to apprehend or making pursuit after such robbers, the said forty pounds shall be paid to the executors or administrators of such persons upon the like certificate. Moreover, every person who shall take, apprehend, or convict such a person, shall have as a reward the horse, furniture, arms, money or other goods of such robber as shall be taken with him, the right or t.i.tle of his Majesty's bodies politic or corporate, lords of manors, or persons lending or letting the same to such robber notwithstanding; excepting only the right of those from whom such horses, furniture, arms, money, or goods were before feloniously taken.

A like reward of forty pounds was, by another Act in the same reign, given to such as shall apprehend any person convicted of any capital crime relating to the coin of this land.

By an Act also made in the reign of the late King William, persons who apprehend and prosecute to conviction any who feloniously steal goods to the value of five s.h.i.+llings, out of any house, shop, warehouse, coach-house or stable, or shall a.s.sist, hire or command any person to commit such offence; then such person so taking as aforesaid, shall have a certificate gratis from the Judge or Justices, expressing the parish or place where such felony was committed; which certificate shall be capable of being once a.s.signed over, and shall exempt its proprietor or a.s.signee from all parish and ward offices, in the parish or ward wherein the felony was committed.

By an Act made in the fifth year of the late Queen, persons apprehending one guilty of burglary, or of feloniously breaking into a house in the day-time, and prosecuting to conviction, shall receive over and above the certificate before mentioned, the sum of forty pounds, as in the case of apprehending an Highwayman.

By an Act pa.s.sed in the sixth year of the late King, whoever shall discover, apprehend, or prosecute to conviction without benefit of clergy, any person for taking money or other reward, directly or indirectly, to help persons to their stolen goods (such persons not having apprehended the felon who stole the same, and brought him to trial, and given evidence against him) shall be ent.i.tled to a reward of forty pounds for every offender so convicted, and shall have the like certificate, and like payment without fee, as persons may be ent.i.tled to for apprehending highwaymen.

The next point after offenders are once apprehended, is to carry them before a proper magistrate, viz., a Justice of the Peace, and this leads us to say something of the nature and authority of that office. My Lord Chancellor, or Lord Keeper of the Great Seal, the Lord High Steward of England, the Lord Marshal, and the Lord High Constable, each of the Justices of the King's Bench, and as some say, the Lord High Treasurer of England, have, as incidental to their offices, a general authority to keep the peace throughout the realm, and to award process for their surety thereof, and to take recognizances for it. The Master of the Rolls has also a like power, either incident to his office, or at least by prescription. As to the ordinary constructors or Justices of the Peace, they are const.i.tuted by the King's Commission, which is at present granted on the same form as was settled by the Judges in the 33rd Year of Queen Elizabeth, by which they are appointed and a.s.signed every one of then jointly and separately to keep the King's peace in such a county, and cause to be kept all statutes made for the good of the peace and the quiet government of the Kingdom, as well within liberties, as without, and to punish all those who shall offend against the said statutes, and to cause all those to come before them, or any of them, who threaten any people as to the burning their houses, in order to compel them to be kept in prison until they shall find it. As to the other powers committed to these justices, it would be too long for me to explain them, and therefore after this general Act, I shall go on to take notice of the manner in which the person accused is treated, when brought before them.

First the Justice of Peace examines as carefully as he can into the nature of the offence, and the weight there is of evidence to persuade him of the just ground there is for accusing the person before him; and after he has thoroughly considered this, if the thing appear frivolous or ill-grounded, he may discharge the person, or if he think the circ.u.mstances strong enough to require it, he may take the bail of the party accused, or if the nature of the crime be more heinous, and the proof direct and clear, he is bound by an instrument under his hand and seal called a Mittimus, to commit the offender to safe custody until he is discharged according to Law. In carrying to prison for any crime whatsoever, if the party so carried escape himself, or if he be rescued by others, he and they are guilty of a very high misdemeanor, and in some cases, those who a.s.sist in making the rescue may be guilty of felony or high treason. But if a prisoner be once committed to gaol for felony, and afterwards break that prison and escape, such breach of prison is felony, by the Statute De Frangentibus Prisonam, and shall be tried for the same as in other cases of felony, and suffer on conviction. My readers will find mention made of a case of this nature in respect to one Roger Johnson, who some years ago was tried for breaking the prison of Newgate, while he remained a prisoner there under a charge of felony, and making his escape; but so tender is the English law that when there appeared a probability that one Fisher (not then taken) broke down the wall of the prison and that Johnson took advantage of that hole and made his escape, he was found not guilty, for want of due proof that he actually did break that hole through which he escaped.

The prisoner being in safe custody, a bill is next to be preferred to the grand jury of the county, in which the nature of the crime is properly set forth, and after hearing the evidence brought by the prosecutor to support the charge, they return the bill to the Court, marked Billa Vera or Ignoramus. In the first case the prisoner is required to be tried by the pet.i.t jury of twelve, and to abide their verdict; in case of the latter, he is to be discharged and freed from that prosecution. But the grand jury must find or not find the bill entire, for a Billa Vera to one part and an Ignoramus to another renders the whole proceeding void and is of the same use to the prisoner as if they had returned an Ignoramus upon the whole.

Many without knowing the Law have taken occasion to be very free with its precedents, and to treat them as things written in barbarous Latin, in which an unreasonable, if not ridiculous nicety is sometimes required. But when this comes to be thoroughly examined, we shall find that their proceedings are exactly conformable to reason, for if care and circ.u.mspection be necessary in deeds and writings relating to civil affairs, ought it not a fortiori to be more so where the life, liberty, reputation and everything that is dear and valuable to the subject is at stake? Therefore, since there are technical words in all sciences, surely the Law is not to be blamed for preserving certain words to which they have affixed particular and determined meanings for the expressing of such crimes as are made more or less culpable by the Legislature. Thus Murdravit is absolutely necessary in an indictment charging the prisoner with a murder; Caepit is the term made use of in indictments of larceny. Mayhemaivit expresses the fact charged in an indictment of maim; Felonice is absolutely necessary in all indictments of felony of what kind soever; Burglariter is the Latin word made use of to express that breaking which from particular circ.u.mstances our Law has called burglary, and appointed certain punishment for those who are guilty thereof. Proditorie expresses the Act in indictments of treason, and even if these are not Latin words, justified by the usage of Roman authors, the certainty which they give to those charges in which they are used, and which could not be so well expressed by circ.u.mlocutions, is a full answer to that objection, since the proceedings before a Court aim not at elegancy, but at Justice. But let us now go on to the next step taken to bring the offenders to Judgment.

The bill having been found by the grand jury, the prisoner is brought into the Court where he is to be tried, and set to the bar in the presence of the judges who are to try him. Then he is usually commanded to hold up his hand, but this being only a ceremony to make the person known to the court it may be omitted, or the person indicted saying I am here, will answer the same end. Then the proper officer reads the indictment which has been found against him, in English, and when he hath so done, he demands of the prisoner whether he be guilty or not guilty of the fact alleged against him, to which the prisoner answers as he thinks fit, and this answer is styled his plea. That tenderness which the English Law on all occasions expresses towards those who are to be brought to answer for crimes alleged against them, requires that at his arraignment, the prisoner be totally free from any pain or duress which may disturb his thought and hinder his liberty of pleading as he thinks fit, and for this reason, even in cases of high treason, irons are taken off during the time the prisoner is at the bar, where he stands without any marks of contumely whatsoever.

But in case the prisoner absolutely refuses to answer, or in an impertinent manner delay or trifle with the court, then he is deemed a mute; but if he speaks not at all, nor gives any sign by which the Court shall be satisfied that he is able to speak, then an inquest of officers, that is of twelve persons who happen to be by, are to enquire whether his standing mute arises from his contempt of the Court, or be really an infirmity under which he labours from the hands of G.o.d. If it be found the latter, then the Court, as counsel for the prisoner, shall hear the evidence with relation to the fact, and proceed therein as if the prisoner had pleaded not guilty; but if, on the contrary, the Court or the inquest shall be satisfied that the prisoner remains a mute only from obstinacy, then in some cases judgment shall be awarded against him as if he had pleaded or were found guilty, and in others he shall be remitted to his penance, that is to suffer what the Law calls Peine forte et dure, which is pressing, of which the readers will find an account in the subsequent life of Burnworth, alias Frazier; and therefore I shall not treat further of it here.

If, from conviction of his own guilt and a consciousness that it may be fully proved against him, the prisoner plead guilty to the indictment, it is considered as the highest species of conviction, and as soon as it is entered on record the Court proceeds to judgment without further proceedings on the indictments. But if the prisoner plead not guilty, and put himself for trial upon his country, then a jury of twelve men are to pa.s.s upon the defendant, and upon their verdict he is either to be acquitted or convicted.

And with respect to this jury, the English Law appears again more equitable than perhaps any other in the world, for in this case as the jury comes severally to the Book to be sworn, to try impartially between the King and the prisoner of the bar, according to the evidence that is given upon the indictment, the prisoner is even then at liberty to except against, or as the law term it, to challenge, twenty of the jury peremptorily, and as many more as he thinks fit on showing just cause. So also, if the prisoner be an alien, the jury are to be half aliens and half English. So tender is our const.i.tution, not only of the lives of its natural born subjects, but, also of those who put themselves under its protection, that it has taken every precaution which the wit of man could devise to prevent prejudice, partiality, or corruption from mingling in any degree with the sentences p.r.o.nounced upon offenders, or in the proceedings upon which they are founded.

Last of all we are to speak of the evidence or testimony which is to be given for or against the prisoner at the time of his trial. And first with respect to the evidence offered for the Crown; if it shall appear that the person swearing shall gain any great and evident advantage by the event of the trial in which he swears, he shall not be admitted as a good witness against the prisoner. Thus in the case of Rhodes, tried some years ago for forging letters of attorney for transferring South Sea Stock belonging to one Mr. Heysham, the prosecutor, Mr. Heysham, was not admitted to swear himself against the prisoner because in case of conviction six thousand pounds stock must have replaced to his account. But to this, though a general rule, there are some exceptions on which the compa.s.s of this discourse will not permit us to dwell. It is also a rule that a husband or wife cannot be admitted to testify against the prisoner, but to this also there are some exceptions, as in the Lord Audley's case,[57] where he was charged with holding his lady until his servant committed a rape upon her by his command. Also in marriages contracted by force against the form of the Statute; in that case it is provided that the woman, though a wife, may be admitted as evidence, as also in some other cases which we have not room to mention.

Persons convicted of perjury, forgery, etc., are not to be admitted as legal witnesses, but that the record of their contrition must be produced at the time the objection is made, for the Court mil take no notice of hearsay and common fame in such respect. An infidel, also, that is one who believes neither the Old nor New Testament, cannot be a witness, and some other disabilities there are which being uncommon, we shall not dwell upon here Yet it is necessary to take notice that whatever is offered as proof against the defendant, shall be heard openly before him, that he may have an opportunity of falsifying it, if he be able; and as in all cases, except high treason, no council is permitted to the prisoner except in matters of law, because every man is supposed to be capable of defending himself as to matters of fact, yet the Court is always council for the prisoner and never fails of instructing and informing him of whatever may conduce to his benefit or advantage; and if any difficult points of Law arise, council are a.s.signed him, and are permitted to argue in his behalf with the same freedom that those do who are appointed by the Crown.

From this succinct account of the method in use in England, of doing justice in criminal cases, I flatter myself my readers will very clearly see how valuable those privileges are which we enjoy as Englishmen; how equitable the proceedings of our Courts of Justice; and how well constructed every part of our const.i.tution is for the preservation of the lives and liberties of its subjects. If there remained room for us to compare the judicious proceedings in use here with those slight, rigorous and summary methods which are practised in other countries, the value of these blessings which we enjoy would be considerably enhanced. But as this Preface already exceeds its intended length, we must refer this to a more proper opportunity, and conclude with putting our readers in mind that by the careful perusal of this and the Preface to the First Volume, they will have competent notion of the Crown Law, the reasons on which it is founded, the method in which it is prosecuted, and the judgments on criminals which are inflicted thereby; matters highly useful in themselves, as well as absolutely necessary to be known, in order to a proper understanding of the following pages.

[57]

This was Mervyn, Lord Audley, 2nd Earl of Castlehaven, a man of loathsome profligacy, who was tried by his peers on charges of unnatural offences, and executed, in 1631.