In the progress however of Society and Commerce, joined to the consequent influx of riches, producing luxury and extravagance, a larger field opened for cheats and sharpers of every description; insomuch, that the evil became so great, and the existing Laws were found so insufficient, as to render it necessary to provide a legislative remedy.
In applying this remedy, it seems that the great increase of a new species of cheating, practised by persons known in modern times by the name of Swindlers, had suggested the propriety of defining the offence, in a more applicable and specific manner, and of rendering the punishment more severe. By the act of 30 Geo. II. cap. 24. it is declared, "that all persons obtaining money, goods, wares, or merchandise, by false pretences, shall be deemed offenders against the Law and the public peace; and the Court, before whom any such offender shall be tried, shall on conviction, order them to be put in the pillory, or publicly whipped, or transported for seven years."
Thus stand the Laws at present with regard to Swindlers.[30] They ought certainly to embrace a wider field, so as to reach those artifices by which sharpers and persons of depraved minds, obtain money from the ignorant and unwary, by assuming false characters, taking genteel lodgings, and cheating innocent tradesmen, who lose large sums annually by such depredations.
We shall next proceed to particularize the various classes of Sharpers who thus prey upon the public: reserving all that relates to those more immediately connected with Gaming Houses and Lottery Insurances to the [subsequent chapter].
I. Sharpers who obtain Licences to become Pawnbrokers,[31] and bring disgrace upon the reputable part of the trade, by every species of fraud which can add to the distresses of those who are compelled to raise money in this way; for which purpose there are abundance of opportunities.—Swindling Pawnbrokers, of this Class, are uniformly receivers of stolen goods; and under the cover of their licence do much mischief to the Public. The evil arising from them might, in a great measure, be prevented by placing the power of granting licences in a general Board of Police; and rendering it necessary for all persons to produce a Certificate of character, before they can obtain such licence; and also to enter into recognizance for good behaviour.[32]
II. Sharpers and Swindlers who obtain Licences to be Hawkers and Pedlars; under the cover of which every species of villainy is practised upon the country people, as well as upon the unwary in the Metropolis, and all the great towns in the kingdom.—The artifices by which they succeed, are various, as for example;—By fraudulent raffles, where plated goods are exhibited as silver, and where the chances are exceedingly against the adventurers;—By selling and uttering base money, and frequently forged Bank Notes, which make one of the most profitable branches of their trade;—By dealing in smuggled goods, thereby promoting the sale of articles injurious to the Revenue, besides cheating the ignorant with regard to the value;—By receiving stolen goods to be disposed of in the country, by which discoveries are prevented, and assistance afforded to common thieves and stationary receivers;—By purchasing stolen horses in one part of the country, and disposing of them in another, in the course of their journies; in accomplishing which, so as to elude detection, they have great opportunities;—By gambling with EO Tables at Fairs and Horse-races.
A number of other devices might be pointed out, which render this class of men great nuisances in Society; and shew the necessity of either suppressing them totally, (for in fact they are of little use to the Public;) or of limiting the licences only to men of good character; to be granted by a general Board of Police under whose controul they should be placed, while they enter at the same time into a recognizance in a certain sum, with one surety for good behaviour; by which the honest part would be retained, to the exclusion of the fraudulent.
III. Swindlers who take out Licences as Auctioneers, and open shops in different parts of the Metropolis, with persons at the doors, usually denominated Barkers, inviting strangers to walk in. In these places, various articles of silver plate and household goods are exposed to sale, made up on a slight principle, and of little intrinsic value; associates, generally denominated Puffers, are in waiting to bid up the article to a sum greatly beyond its value, when, upon the first bidding of the stranger, it is knocked down to him, and the money instantly demanded; the goods, however, on being carried home and examined, are generally found to be very different in reality, from what their appearance exhibited, and upon a close examination the fraud is discovered.
Neither the common Law, nor the Act of the 30th George II. cap. 24, seem to be sufficiently broad and explanatory to include this species of offence; and hence it is, that this mode of selling goods continues with impunity, and seems to increase. It is not, however, meant here to insinuate that all petty auctions are fraudulent.—It is to be hoped there may be some exceptions, although probably, they are not numerous. A licence from a general Board of Police, and to be subject to certain restrictions only burdensome to the dishonest, and obliging the parties to find security, would, in a great measure, regulate this kind of business, in a proper manner.
IV. Swindlers who raise money, by pretending to be Discounters of Bills, and Money Brokers; These chiefly prey upon young men of property, who have lost their money at play, or spent it in expensive amusements, and are obliged to raise more upon any terms, until their rents or incomes become payable; or who have fortunes in prospect, as being heirs apparent to estates, but who require assistance in the mean time.