tinued to be the law of the land ever since, excepting in the county palatine of Chester; where the ancient custom of beheading felons was practised some time after the law of Henry the First; and the justices of the peace of that county received one shilling from the king for every head that was cut off.

Montesquieu seems to be of opinion that as thieves are generally unable to make restitution, it may be just to make theft a capital crime. But would not the offence be atoned for in a more rational manner, by compelling the delinquent to labour, first, for the benefit of the party aggrieved, till recompence is made, and then for the state? Colquhoun. See ATHENIAN LAWS.

Commitment for trial is by no means a stage in the progress that intimidates a professed thief; he feels and knows that, although guilty of the crime laid to his charge, he has many chances of escaping; and these chances unquestionably operate as encouragements to the commission of crimes.

His first hope is, that he shall intimidate the prosecutor and witnesses, by the threatenings of the gang with whom he is connected; his next, that he may compound the matter; or bribe or frighten material witnesses, so as to keep back evidence; or induce them to speak doubtfully at the trial, though positive evidence was given before the magistrate; or, if all should fail, recourse is had to perjury, by bringing the receiver or some other associate to swear an alibi.

Various other considerations also operate in strengthening the hopes of acquittal; partly arising from the vast numbers who are discharged or acquitted at every session of gaol-delivery; and partly from the carelessness and inattention of prosecutors,

who

who are either unable or unwilling to sustain the expence of counsel to oppose the arguments and objections which will be offered in behalf of the prisoner; or are soured by loss of valuable time, experienced, perhaps, in former prosecutions; or ultimately from a dread entertained by timid persons, who foolishly and weakly consider themselves as taking away the life of a fellow-creature, merely because they prosecute or give evidence; not reflecting that it is the law only that can punish offenders, and not the individual prosecutor or wit

nesses.

False humanity, exercised in this manner, is always cruelty to the public, and not seldom to the prisoners themselves. All depredations upon property are public wrongs, in the suppression and punishment of which it is the duty of every good man to lend his assistance; a duty more particularly incumbent upon those who are the immediate suffer. ers; through their means only can public justice operate in punishing those miscreants by whom the innocent are put in fear, alarmed, and threatened with horrid imprecations, with loss of life by means of loaded pistols; or bodily injury, from being hacked with cutlasses or beaten with bludgeons, under circumstances where neither age nor sex is spared.

Yet experience has shewn that these arguments, powerful as they are, are insufficient to awaken in the mind of men that species of public spirit which shall induce sufferers in general, by robberies of different kinds, to become willing prosecutors, under the various trying delays of courts of justice; and frequently with the trouble of bringing a number of witnesses from the country, who are kept in attendance on the court perhaps several days together, at a very considerable expence.

Such

Such a burden imposed upon the subject, in addition to the losses already sustained, in a case, too, where the offence is of a public nature, is certainly not easily reconcileable with that spirit of justice and attention to the rights of individuals which forms so strong a general feature in the jurisprudence of the country.

From all these circumstances, it happens that innumerable felonies are concealed, and the loss is suffered in silence, as the least of two evils; by which means, thieves are allowed to reign with impunity, undisturbed, and encouraged to persevere in their evil practices. Ibid.

THEFTS, DOMESTIC.

In countries where a trifling domestic theft or breach of trust is punished with death, is not the disproportioned punishment dangerous to society? is it not even an encouragement to larceny? If in this case a master prosecutes his servant, and the unhappy wretch suffer death, the whole neighbourhood holds the master in abhorrence: they perceive that the law is contrary to nature, and consequently that it is a bad law.

What is the result?-Masters, to avoid opprobrium, content themselves with discharging the thief, who afterwards steals from another, and gradually becomes familiar with dishonesty. The pu nishment being the same for a small theft as for a greater, he will naturally steal as much as he can, and at last will not scruple to turn assassin to prevent detection.

If, on the contrary, the punishment be proportioned to the crime, if those who are guilty of a breach of trust be condemned to labour for the

public,

public, the master will not hesitate to bring the offender to justice, and the crime will be less fre quent; so true it is, that rigorous laws are often productive of crimes. Beccaria.

THEFTS, PETTY.

The small thefts committed by persons not known to belong to the fraternity of thieves are estimated to amount to the enormous sum of seven hundred thousand pounds a year. This discovery was originally made through the medium of a considerable dealer in rags and old iron, of which the following are more ample details:

"That there exists in this metropolis, and also in all the towns where his majesty's dock yards are established, a class of dealers, of late years become extremely numerous, who keep open shops for the purchase of rags, old iron, and other metals.

"That these dealers are universally, almost without a single exception, the receivers of stolen goods of every denomination; from a nail, a skewer, a key, or a glass bottle, up to the most valuable article of portable household goods, merchandize, plate, or jewels, &c. &c.

"That they are divided into two classes-wholesale and retail dealers. That the retail dealers are generally, with some exceptions, the immediate purchasers, in the first instance, from the pilferers or their agents; and as soon as they collect a sufficient quantity of iron, copper, brass, lead, tin, pewter, or other metals, worthy the notice of a large dealer, they dispose of the same for ready money; by which they are enabled to continue the trade.

"That the increase of these old iron, rag, and

store,