The Sun.
London, England, 1818-12-11 00:00:00

CRIMINAL LAWS.

A Court of Common Council was yesterday
'held, to take into consideration the present state
'of our Criminal Code, and the propriety of pe-
titioning Parliament to revise the same.—The re-
nui,ition having been
Mr. Feveee rose to call the attention of the
Court to one of the most important subjects that
could occupy its attention. The Ilasulutions
which lie had to submit to the Court would, he
Loped, meet with the unanimous concurrence of
all present. That it might not he urged lie had
called upon them hastily to enter upon this great
question, he had suffered his motion to stand over
for three or four • months, that every Member
might be fully prepared for its discussion. He
Mould reedily admit that no country might hastily
to chenge the system of its criminal laws ; hut no
man would, he thought, venture to say, that,
from the lepse of time, it might not become ne-
crseuy ler the laws of a country to be revised,
however excellent they might have been when
first tremed. 'lbis could not be maintained veith-
net contending that the Di uidical rites and 011 the
f)su,dities Of antigeity might st 11 to beeipbeld.
attver might be said in opposi:ion to the mo-
tion whieh be should make, by the advocates for
the present system, he thought the cause he had
e•poesed one that required no apology to be made
for it. lit every circle, public and private, the
character of our (Almond laws had long been a
tuetter,of complaint. That they were not what
they ought to be was generally felt, awl his la-
bours on the present occasion were much
ahr idged by the manner in which the sub-
ject had been taken up by the public
Teat some alteration ought to tithe place
could hat dly tie (jellied by any one ; fur
weet► laws were found to be such, that good sense
fel bade them to he carried into execution, then it
was (pity clear that the time had arrived for re-
ising them. This question could be no where
mote prop, rly agitated than in the Chemed Cham-
ber of that City, for which, eight times in the
ever, it eras found necessary that his Majesty's
Commission for holding a Sessions of Oyer and
'1 ermitier should issue. That Court had, in his
opinion, a fit and competent jut isdiction to try the
merits of the case. When he said this he did not
meet' to say that it was not one of the most diffi-
cult subjects that hail come before them for many
years. Never had they more occasion to make
use of the motto which he had seen over the en-
trance of that Hall as lie came to the Court that
day—" Dunzine dirige Hering briefly no-
ticed the evils brought on a country by war, which
at the end seldom failed to produce an abundant
harvest of crime and pauperism, tie proceeded to
inquire into the cause of that shuddering which all
felt when contemplating the crimes of murder and
.lelo de sc. This, lie showed, sprung (tom the re-
flee inn that He had been taken-away which no
linemen being could restore. Our present san-
guinary la:vs were contemplated with sitnilar feel-
ings, and for the same reason. While speaking
on this subject, it would be felt that he was stand-
ing almost on the ashes of departed worth—on
those of that deeply regretted Statesman and
Lawyer, Sir Samuel Romilly. It was in the com-
pany of that great man, and in that of Sir W.
Jones, that he remembered first to have heard the
defects of our penal code discussed. If now, at an
lotnibleolistaoce, he attempted 10 pursue the track
of Sir S. Romilly, be felt it no disgrace to appear
as one of the sat ellitea of that radiant orb which
bad too soot) been lost to the world. 11 it were
the wish of the country to honour his revered
name, they could not do this_ better than by re-
solving to act on the principles of which he had
been the advocate ; and it they did this, and
adopted his eoligloened plans for retorming bad
men, and meking them good subjects, they would
give him a inure imperishable record than they
could bestow by writing his name on tablets of
brass. Our present code Was, he believed, the most
sanguinary known among civilized nations.—
Among the Hindoos, he had read, that
the crime of disturbing a Bramin at a
grime of chess was punished with death, and
that the same fate awaited lskvn who should
gather a particular spice before he paid tri-
bute ; but he knew of no criminal laws
in use atuotig civilized nations that were so severe
ae those of England. He supported his argument
by referring to the authorities of Sir T. More, the
Theron Mont.senieu, Dr. Johnson, Mr. Justice
Blackstone, Mr. Fox, Mr. Pitt, Dr. Parr, Lord
Grenville, Lail-Grey, Lord Holland, the Marquis
o Lansdowne, Mr l'ohsonbe, Mr. Wilberforce,
and many others. The late Sir William Grant he
named as the first witness he would call. On his
authority, he showed that the harshness of the
punishment aWarded operated to prevent prosecu-
tion, and to induce .furies to let the accrued escape
with imptoii.y, by taking upon themselves to ex-
ercise a disci et ion never vested in theno He had
given it as his opinion, these in the advanced
stroe of civilization which this country had at-
tained, the punishment of (teeth was too severe
to be inflicted for twiny of those offences for
which it lees now awarded. The Emperor
Alexander was his next witness. He eae.abo..
lished the punishment of death in his dominions,
excepting it, cases of treason and murder. lie
would next call the. present Attorney-General.
He was disposed to revise the Criminal Law in
One instance. It seemed curious, that in the case
of the foulest murder that bad ever been corn-
Milted—of murder and rape—the accused should
be suffered to escape through die law of Wager
of Bettel. 'The Attorney-General had given no-
tice that he meant to move for leave to bring in
to alter this Law. There he might mean
to stop, but he (Mt', Favell) should perhaps be
able, by and bye, to show that there were a few
other laws wanted revising as well as that. Sir W.
Blackstonekand Mr. Fox had been favourable to such
* revision, and Mr. Wilberforce hid stated it to
have been the wish of Mr. Pitt- seinnit the whole
Petrel Code to the revieimeof ..onic able lawyer.
TO show the increase of crime, he thee read fri,m
the criminal returns the lists of conviction', com-
mittals, and executams, vvithio the last six years,
for London and Middlesex. From the returns it
would be seen there had been a great increa.,!

oI cOnle, and especially of -)ii:Tillie delinquency, to olie against the offender being taken. There
The committals, it wind(' be seen, exceeded in were perhaps as many more to one against his
the last year those of 1805, in more than the ratio being committed for trial if taken and convicted 5
of three to one. The Noble Secretary of State end if convicted, against the sentence being cat-
bad said the objections to the severity of the laws tied into effect. One great source of the evil was
were answered, by the-circumstance of its being to he found in the state of our prisons, which bad
competent for the prosecutor to reduce the value not been made places of reform, but rather the
of the property stolen, and thus punish an of- seat of licentiousness, well calculated to prodpce
fender for the smaller offence. This, however, he an increase of ceime• He wished every thing
objected to. If he were robbed of property to the that could be done to employ the prisoners to be
amount -of 5/. and prosecuted the, thief for steal- attended to. He was confident that, if crime were
ing to the amount of 39a., he was guilty of some- followed by certain and appropriate punishment,
thing very like perjery. He came before the Court more good would be accomplished than by em-
with a lie in his mouth, as he was sworn to " tell powering the Judge to inflict that which they
the truth, the whole truth, and nothing hut the knew he would nut sentence them to endure.—
truth." Some of theexisting laws weresolittleatuited Such were the . opinions of the benevolent
to the times, that they were absolutely ridiceloes. Howard, with whom he had had the bottom- lobe
There wits one for instance, which preclidled the personally acquainted. In consequence of the
Lord Mayor of Londou trout haviog more than connexion he had formed with that distinguished
two courses at his table; and done was another character, he had visited matey prisons. Those
for the encouragement of our woollen manefacto- of Bevy St. Edmund's and Lancaster he consider-
ries, by which coats were forbidden to be made ell to he much better regulated than the prison's
too scanty. He thought on this statute he shotdd of the City of London. This was a point most
prosecute the Gentlemen Dandies for not wearing important to be attended to, es he was of opinion
coats provided with the legal broad constitutional the adoption of a good prison system tended
flaps. There were also laws forbidding An old di,- greatly to the diminution of crime.
charged soldier to ask alms in his red coat, and for Mr. Jeces, while he lamented the increase of
greeting benefit of clergy in certain cases; in crime, leaped the remedy suggested by the Mover
according to these, a man if able to write his of the Resolutions would not be found equal to
name, though convicted of a capital offence, ought he task of repressing the evil. H. did not know
not to be hanged. The severity of our lees had that a rev isimeof our criminal laws had been long
long been a matter of complaint. George the Se- and loudly called for by the public, as had been
cond had felt so strongly out this stiluject, that he stated by the opener of the debate. This he
was most reluctant to order those louder sentence knew, that the subject had beeu already brought
of death for execution, and frequently whirled his before the two Houses of Parliement ; and he
hat round the room more than once before he also knew, that when first agitated by Sir-. Samuel
could be prevailed upon to sign die death warrants. Romilly, he had taken the opinions of the Twelve
He next adverted to die punishments for priveiely Judges of England on the question, who were ulna-
; stealieg, and for stealing to the amount of sa. tornously against the suggested change. The two
out of a shop. Here he sheaved, on the motto- meat Law Officers of that Court, the Recorder and
rity of Lord Grenville, the plieishmeet to be dis- the Common Sergeant, had conceited with the
proton-inmate to the offence. The best coarse for and within the last half-hour the Co in mu it
preventing crime wits to make its punishment cer• Sergeant had stated his opinion to remeio en-
tail), though not unnecessarily severe. A variety chiltiged. Ile denied that the English code was
of authorities, ancient and modern, he referred to the most sanguinary that had ever beet' known,
in support of this position. The bite:l,lBln yof the and to prove it was not, lie referred to the laws
admittistraiion of the laws he shewed from the of Draco, of Solon, of Lycurges, aunt of the
case of two men tied at different periods, and twelve tables in the Roman Republic, which he
before. different Judges, for Ole same offence, allowed to have been much more severe. By the
that of . stealing poultry. One was sett- lest, besides 'hat the rule "of ati eye for an eyeo
tenced by Mr. Justice Buller to two or and a tooth for a tooth," was enforced, treason,
three months' imprisonment ; the other, who minder, rape, magical incantations, and " libels
bad escaped, surrendered on hearing of this leuient and satires which disturb the peace of cities,"
sentence, expecting to be dealt with in the same were polished with death. The laws of Menu,
way ; but Mr. Justice Gould, taking a different in India, ..-ere tilOre sanguinary.
view of the subject, sentenced hie, to transporta- Mr. PAYELL bee;ged to remark he had only said
lion for 14 years. He contended at great length, our corht: wits the must sanguinary of those adopted
that crime was less effectually repressed by seve- by civilized nations.
rity of punishment than 'lied been in !natty in- Mr.Jeces then referred to the lives of Moses,
stances supposed. When the laws were too Sc- and proved that our code•was less severe than his.
vere, they invariably became a dead letter. He lied In support of the view which he took to the gees-
no wish to screen criminals or to make shoo-zeeos tion, he quoted Montesqutieu and Paley. He showed
comfortable. He wished to make the punishment . that good effects resulted front the discretion now
of crime certain, but not disproportionate to the exercimed by those who administered the laws(end
offence committed. As the laws now stood, they had never met with a professional man, who
could not be executed. -net able and htitnalle was not tied down by perty prejudice, who did
Judge Sir Vicary Gibbs, on toe trial of a boy for not agree with die opinion he lend referred
' stealing five shillings worth of half-pence, •had to, :is that of the twelve Judges of nightld and
seggested to the Jury that if they believed any of of the Recorder awl Common Sergeant of that
them to be bad, they would be justified in finding Court. lie wished prisoners to be employed,
hint not guilty—thus pointing out a way for let- and should be glad to see a classification effected
tin;; him escape the excessive rigour of the law. which could not be made in Netvgate at present.
In one case a Jury bad found two good bills of He felt disposed to recommend that an amalga-
exchange for ten pounds, and eight bank-notes 'nation of the gaols of London and Middlesex
to the same amount, were tinder forty shillings should take place, so that one might be set apart
in value. Mary Bradley, who hail refused for the reception of offenders of one class, and
eight guineas for what she bed stolen, was another fur those of a different description.
found guilty of stealing to the amount of thir- Mr. TAYLOR (a new Member who sticceeds Mr.
ty-nine shillings. It would thus be seen that Waithman) thought it a strong argument in fa-
laws wet ein such cases made by Juries, and not vour of the revision of the laws, that they could
by Parliament. Dr. Ford had given it as his opi- not be carried into execution as 'they now stood.
nion that public executions did not produce that —lt was seen that prosecutors would not come
good effect calculated upon by those who favoured forward, witnesses would not give evidence, jit-
them. Solitary confinement by night, or labour ties would not convict, and judges directed ver-
durine, the day, was that of which prisoners were diets to mitigate their severity. It would be bet-
the most ninth'. At present there were 200 ter that this mercy should be found in the laws
crimes punishable by death. It was impossible themselves than in !he breasts of those who ad-
that so inane could deserve the same severe pu- ministered them. Public executions he held to
nishment. He could add many authorities to the be of en injurious and brutalizing tendency. He
many he had already mentioned, in favour of a denied that our code was of such great antiquity
less sanguinary code---of one which would have .as had been supposed. Many of the severest laws
for its object the reform of the offender.— were modern Muovations. 1-.le supported the Re-
Private individuals haul shown this was not solutions.
impracticable—Doctor Leetsom haul, he be- Mr. S. Dixon hoped, while they were consi-
lieved, in one instance, been the means of re- tiering of showing mercy to offenders, that they
forming a highwayman. But the most strika would not target that mercy which they owed to
ing case he had ever heard of, was fur- the community at large. He was fearful that a
Dished by the Reverend RowlandaHull. That Motion like the present (though he was sure no-
Reverend Gentleman preached the funeral sermon thing could be further from the intentions of the
of one who had been his servant, and who for Mover) might be found to have a tendency to
thirty Years bad well discharged his duty to God increase rather than diminish crime. The person
and man. At the close of the sermon he had told' who stole five' shilliegs would steal five thousand
his congregation, that he had then to state what shillings if they came in his way, and did not
had never escaped his lips before—that that man therefote appear to him entitled to all the com-
bed once stopped hint on the highway. There miteration bestowed upon him. For die
101.
was a something about him that 'mole a favour- notes that had been stolen, it might be that they
able impression on him (Mr. Hill), and after some had been taken singly, and if so, the property
resistance and expostulation, he had told the watt stolen at atty one time had been under forty
to call on him. He did so—became his servant,
and was completely reclaimed.—The resolutions Mr. FAVELL said, SLICh was not the case in the
which he had to submit to the Court, went instance to which he bad alluded.
to call for a general revision of the et-imbed Mr. Dixore said, for his part, he wished no
laws'of the country. He had to remark the Lord Bank Notes were issued tinder 51. and then people
Chancellor was with him in this, for he had said, would be more circumspect when taking them.—
while opposing one of Sir S. Roninly's B,ils, " le- To the number of persolis under 17 years of age
stead of bringing these bills iii every year, wily stated to be now in Newgate, he did not attach
not appoint a Committee to examine the whole notch importance, as no trick was more common
code." He hoped the present period, one of pro- than for persons convicted to make themselves much
found peace, would be viewed by the Pew Par- younger or older titan they really wet e, in order
liament as offering; a fit opportunity bur eutering to excite commiseration. He wished the Come
noon this important work, lie would not tees. to divest themselves of all prejudice on this
itn-
pass longer on the time of the Court, as any limo; portant question : Cuiminel Code, he begged to
he had omitted to urge, would, he doubted not, say, we had none. • We had 'Acts of Parliament
he well strophe(' by the Gentleman who would to punish particular offences, butt no great Cri-
second his Resolutions, who had been the personal minal Code. The great increase of' crime which
friend of the beuevolent Howard. He then read had taken place, appeared to him to be the result
a string of Resolutions which embodied the grin- of a want of employment. Though be differed %a ids
cipal topics of his speech. some gentlemen on the policy of itorodeciog into
- Mr. WILLIAMS seconded the Resolutions, The, our maimfactories engines of great tnechautical
increase of crime, and especially of juvenile de- powers to supersede human labour, he should be
lirpency, called for the attention of the linnone. glad to see every poor man able to earn a coin-
if the Bible Societies and Sunday Schools hats" fort able subsistence. He then adverted to the
done the good which their advocates supposes) to • case or an unfortimate foreigner, Against whom
have been accomplished by their !neat's, what a verdict of fell) de se bad recently been given.—
would the country hare been without them, it The law respecting- self-destruction, he m tie-
they might judge from its present situation whit tamed, was admiuisteted in one way to the rich,
them ? On': great cause of crime tees, the (nicer- and itt another way to the poor. 'chat nultarupy
taitoy of peei.d under the proeit systems.---- ratan had endured the most dreadful distress.
I his
Weett a clinic was CulAulittcla twenty case was siustlat to many others, in which tt Yet.-

aict rignt:y 'Ratio?: :tie party
Iflte C°
ma
tran
i
the re:. in.a.state of temporary derangethent '130(
been given. A verdict of self-murder was Ole,.
again:4 him, and he had been brought but co.vetrit
ttl
ect with a sheet to a hole dug in what he intr
call the worst part of Thames-street. There 16
was exposed, as naked as he was born, thr°%
into the hole and covered over. The impress'''.
made on those who witnested this &stria' sPec'
tack he held to be most unfavourable to our nsi
tional character. He also noticed the cage
two unhappy brothers, who, after having bee
interred in consecrated ground, had been Kira 1
to be buried like dogs—or worse than
the cross-roads. To the manlier in which the Is
was carried into effect in such cases, he had s
objections. Ile wished punishment tot i
th ve()
eftrto
he inflicted on him who made a livelihood by
rather than on the unhappy being who might
urged by want to commit one solitary Offen". A
He did not wish crime to be punished too set
verely, nor did he wish a general rule to be a"Pti,
eel, that would show unmerited lenity to all °
tenders.

Mr. [TATTEN supported the motion;
l‘elr. OLDHAM thought the best remedy tor
existing ex,il would he found in making
tnent to follow crime with more certainty don 'f
did at present, and in tr'orcintr, an obc-ervlance
moral and religious duties on those committed 1"
prison, pet it iPi"
rs
The Resolutions were agreed to. A
to Parliament, tonndrd on them, was IttCll IT
SI
and adopted, and the Court adjourned.

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, Dec. I&

CASE OF TITHES.

BANKCS V. ABEAM.
His Honour the VICE-CHANCELLOR eilMe it/
Court at ten o'clock, and said, " I have WI,
looking into this case, and I have nu donht V °
-
I can Make a decree against the Vicar, hat I
On
not against the Reettor that would bin(' lin
without I direct an issue to a Court of L4W' tbo
the Rector has commoo law
Vicar has not, as he holds his title by 01'11;
went. I however think the Rector has 110 .1e It
to call on me to hear this cause before I "a.;,-,co
the issue ; and if my opinion should be aVe:,,,.."
him, be is entitled to call on me for the issue,7o,
(For the circumstances of this case, see this Par
of yesterday.) of
Mr. Hain', leading- Counsel for the Vic'r •
the parish, then commenced to state docon'ed
tary evidence tram the time of the reign
Richard 11. to the ypplionnetit of the Pre44,
Vicar, the Rev. Richard Lloyd, in the yea" I 1:',0
fur the purpose of shewing that, the Viol; do
entitled, to receive the rectorial tithes 0' 'ol.
parish of St. Dunstan. The Learned OVii"l
did nut conclude his statement until .1047
two o'clock.
The VICE-CHANCELI.OR.—"•Are you 11,-01
Mr. Wetherall, now to proceed with the fleci;ooc
case, or will you take au issue ; for I wi"Or.
allow Mr. Bell and Mr. Stephen to foliage
Hart until I have first heard you ?" n,ttt
Mr. WETHERALL,—" I ant Ft-Heed), reo"
state, my client's case ; I think it will beitlie
satisfactory to all the parties to hare an i°`je
rected."
The VICE-CHANCELLOR —" 'The issoe
that I direct to be tried is, whether the Iliv`'lcer"
entitled to tie tithes of the parish Th.e.
tJ
must be the plAin,iff, as he claims excepti°/-
the common law right."

COURT OF KING'S BENCH, Dsc. 10.
SYKES V. MANTON, ha C
This was an action brought by an ingenious INec-",;:;),
Sheffield, against the defendant, a e-,un-soiith in ifto
a vioiiition‘ of patent •right. The • iilaintifT complaineu tiolif
the defendant had made and sold a peculiar poivr o
511;
with what was termed o cutter: but it appeared t!tio- ty-
eiqca:iun in the patent did not entitle lota to t'OPP°
and be-was honsuited.
THE KING V. WIMPLES. Ifftbl.
This was a proceeding to i aside a patent obtainec y
defendant
at
a new tootle of drying malt. Mr. Ctuss
tended that the plaintiff's specification had nworigioa
Mr. SCAR LET r and Mr. HMOlSON"argued in suPP`)ft
ate"E
P
specification.
The Court, under all the cirentustances; set the -
aside. ,„ nce.
The other causes tried this day were of no
DuEL.—Tuesday seqnig lit a meeting to°", '
at Newpark, near Athlone, between 1.11()t,(001
Dowling, Esq. and Tully Keogh, big. Aft ef?
bid
exchange of shots, which happily had ill and -
feet, the friends of the parties intellerol,
reconciliation took place.

, _
BIRTH. ~ bt‘r‘
On the 4th inst. the Countess of Abertleer
• OO
MARRIED. ss4' r.
On the sth inst. at Cheltenham, Georre Barcllo i e AtO ,
of Colonel Barclay, his Majesty's UontnOsioner f',l,o'o Atjoi
rican boundary, to Matilda, only daughter of AT, hie
fr'rc, Esq. of Hoveton Hall, Norfolk, and grand-01p
the late General Count Lockhart, of Lee and Ca"32'___...../'''
---- 01.0'
PROVINCIAL BIRTHS, MARRIAGES, AND Ps
BIRTHS. AY 4)f I°‘.
Lately, at Riversdalc, county Limerick, the La"'
• - 01113.
th .aniel L•
Roboins Es q. of a son and heir. ~ of
Lately, at Corballv, County Limerick, the Lauy
hose, E. of a-datv•itter.
pert
MARRIED. , veriitct
On the 7th inst. at St. Peter's Church. Richard Per,,,Ligo
. ~ o
Esq. of Bellvue, county of Dublin, to Willielonot 1
fill
of the late Dean Kirtt att. Ittlin b,°
Lately, at St. Anne's Church, Liverpool, Nir'.,'s DO -
to Margaret, eldest daughter of the late Ms. Jaul--
Lancaster. .
. _ . )11'
c. of 414
Dieu:
Lately, the R. IV. Brown, Vicar of the polisAPe:,ooyl,:'oll,
and Gnilsfield, in the county of Muntgomety,39`:b-eodol'"
Magistrate fur that county ;. by whose death a-I.' ,in t• y
in the Cut tetiral Chinch of St.-
Aslph becontes ‘'ac‘,.i. oro
Carpenter, Esq
Lately, Eliza, daughter of Mr2John Etl"'''ds' COI
•
street, chebter.
At Sider's, Madras Presidency'. art 41"an° ‘9°f)
li.st,
Lutelv, in tieorge's•street, Dublin, Mr. b. 3. LIO'
t f Illsc
. Coniniticial Resident there. vvoicellP
of Chavies Ni•Do, el I, of Howl lt.
1,,.te1Y, at Bevel. Patti. county Clare, the sea-Tcwee-/ ,
ther-10-law, Robert Keatte, F.s.i. the 80% 'lcily; .7
'Cfe4
LONDON; Printol by J. B. cmtsTA tits, of
hl7 t, ' !.4::
Ormond-street, Queen-square; and Plll-111?"e 1.11?/1`1'
`'''CIIIITS, of No. 7, South Molton-strec" 0,•:/lA
0•1ce, No. 1 Ii; Strand ; where Advettiseo
Lettos, Ky. (dust-paiC,must bt...3.lilroice•

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