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.