[x] poveras Hay Property, Authority and the Criminal Law 1 ‘The rulers of eightenth-century England cheraed the death sentence ‘The oratory we remember now i the patlamentary speech, the Roman erode of Fox or Bure that tired the gentry and the merchants. But ‘outside Parliament were the labouring poor, and twice yer, in most ‘counts in England, the scarlet-bed jade of ez pt the bck cap of| each on op ofhis ak ottomedwigto expound the a ofthe ropere, and wo execue thee wil. Methinks I os hin,” wrote Marin Madan in 1, rid «coumensace of ema srrom,adhtng the cap of jgment on his Ia. His Larship the, drly fected by the mlsncialy part oft fie, wich now brat ofl, esbrce ti gaenopernuiy to So ‘mo cemlarypood “He divas, ithe most atcicter be concen fhe cemblng cinins-. shor them ow jut and neceary i i at {here should be nto enove ot of ety tne who intend of contbung ‘er boast iadosty to the plc pod and well, have exerted every tat the baekesvilsiny cu pgs, wo daseey bo. He then vines the marys ab wel es the ae af te a, fm making sich exampey, sal ‘not only pots he ance fom outage snd vse, bts dt ahs fiom bringing themes the same fatal an ‘pmoninizes cd. He scsi thom withthe eeraay of sendy death, ad consequent wi he ‘ese of seedy repentance ~ and on this hm’ he yao deliver hime tnocely mel he wretch at the bar in connie, bu che we uty {nt th deepest concern ~ Teas expe i lings 0d many ofthe mast "toupesasiong them may, for the rest of dienes, be peesered fem ‘hiking ight of te Ks sep ven which they no be wl ed them eseucton. The dedi enteoce ic now proncanced every haart shaker wth ”Albin’: Petal Tree ‘ecoc =the slot iting rink from the br -the crowd ie ‘exch bissereal home ad are te moral ety tok fended nigh ‘ours the day of exeationavre the wrasse ad eth oer acd ‘ebia secate othe belts oo aweful and slema for exiption* ‘This was the climactic moment in sytem of criminal aw based on terori we ding the ero of hows-breakers? wrote Juice Chie ‘ian of Ely in 1815, the terror of the innocent inhabitants must be in- ‘rete, and the comforts of domestic life must be geal destroyed He hime tad dogs fears lights and bella is ove country home, and twok a brace of doatiesbareled pistls ro bed with him every ight? ‘But his peace of mind mostly esed on the knowledge that the death sxnence hangover njone who brake nto el hi ever plat. A egulat plc force did not exis, end the gentry would no tolerate even the idea ‘one. They remembered the pretensions ofthe Stars andthe days of ‘the Commonwealth and they saw leat hand how the Freach monarchy onto its subj with spies and informers. Tn place of police, how fever, propeted Roglishmen fd fat and swelling she of Lame which threicened thieves with death, The most recent acount suggests thatthe ‘numberof capital sates grew Gom about 50 to over 300 between the years 1688 and 1820" Almost all of them ees ain Prope. ‘This lod of lepsacon is one of the great fs of the cghtoth ‘znrury, and occured in the period when pers and gentry beld power ‘ith ast hindrance from Crowa ot people. The Grou: Revolution of| 1688 established the freedom not of men, bat of men of property. I polit John Locke, distorted the cles arguments of natural la 19 jstfy the Tberation of wealth from all pliceal or moral conwols he ‘concluded thatthe unftered accumulation of money, goods aad land vas sanctioned by Nature and implicitly, by God. Henceforth among ‘iumphant Whig, ad indeed all men onthe ight side of the great gull ‘bexwean rch and poor, there mas litle pretence that chil ney was ‘concerned primarily with peace or jusie or chaity. Even iterests of ‘ate and the Divine Will had disappeared. Property had swallowed them all: ‘Government declared Locke, “has no ater ead but the preservation of property Mos later wre secepted the lai wnercally. Wilism 1. Manin Mala, hgh Eee Sai wis Res Cini aa, eile et 86. 30 2 Bie ea, Chae eC oi hee 9 25 juice db pe "| etek i ofr prone Proper, Athrty nd the Cri sw Blackstone the most mows cghcnh-cneary wre on the law end cnsitution, dead it slecridest that "eis noting nich so ener ses the imagination, and engage the afin af mara, 55 the ight of propery; or Uat sd an Sopot oman wich oe ‘an i and exerci ver the exer things of the oli a cachion ofthe ght of any eter indvidulin the universe" The om and aati sens ertended throghou nt only England butte enon When Christian eed the relhediton of Backtone' onetime Lao of gon 9, herded the cai only Tilo that wo propery, wich naire herself as writen upon the ‘acs fall maskind.* ‘Once propery had been oily died it Became the meas ofa ‘hinge Bren hues fe was weighed in th vals of wealth and sats “hc executon of needy deceit sma,’ wree Bachan, spot sxsactin for he murder of nebleman ia the Hoos of is out, and ill eiment of his cds, ls Ronours, an sone” Apne ‘nteme Bithena Bans were ceded wit, of gl ened to that of Hod. Forge, fr expe ‘rere almon avr bags and genoa Iaew wy: Porgy i {ib ocommere, and only o be teal in commer natn when ood of uncalled asraace snd camplaeny, Peart oer the cena erated one ofthe od criminal nde in Europe. Fer af the new pecalies were the produ of Iter o Focus resin; hy were a ofthe oneal wis of England's governors. Loce Mine dfaed pol power asthe Fhe to cra the pesky of dh, and hence all eer ones And Slafesury, de ealghtend rion who stacked both Hobbes and ‘he Church Yr making fsr the coment ef the sol order, a he same tie sespted ta the mere Valprof Mankind? might pects ‘oen sand in ted of such «ring Obj the Gals bee thir Bye igheench- Acpende in rept on th Yay wei tnd naar ‘ned by fone ea Weal Moen In cnenny i clea lnwaran Moola yen, we mat thw fe saned Sapo tule, ind pac tad yw ew tae ek ike ma of emprperttEnpchnen, Ween lat the spss ‘ft aw el: many, asad gry. Uneaten ‘rl ilps to exin-ie- rerpeare-Setmen Hoody lepalton and “eining eer ad th rece vorcarm ef ar ae 0 Msiay 1c wesre bee an undated coupe fom Stans of i the maj ofthe dd neta ipo? Wl Pie Ma ond ed Py Ba Ei Tn tt a sate 9) Onn, Coiaty i mata mr yore Maan, 1968, p65. 3 Boy Wi mee Sa Pu, Sar 90 23 % Property, Authority ond the Criminal Law couwrarsan: Wht mer hi i ol fr pe Sownsuane”Nomunmay Se, ste Sard Assay foc coped with we, a conse we of imagery, eogaet spect, tnd the powes of death, the emi rounding te wie yea wis Of the Mrcor: dges had cident payee force. "They we tezndel fr grrr ingorunes by oninpoces than by most hi tedang who Kr brn Cancercd are wih any orem et ‘Eulaty 4 Quer Sesdony tan withthe mujecy of te lo ‘The ti wees forble pecan a comey town, the et vile 1d cabot maetaton of ate pores tbe era nthe cote, {par fom the presence of regiment. The tm was cowie, oa? tea baie and joo bt withthe crea county soy, ending ‘Beam all and eouny mecings hich wer fen ld athe same week, Tradesen an lous oumeyed i exo the speak, ect {lend ated he court and match the xeon, And the cor erved ‘in town wth wadonl, and eleled, panoply: "The judge wrote 8 pees on th speech ee rsd by heh ad fe by pat pei ‘Tate nes of coun sate ome a pons wt, Wenn ace crnigs, oth tes tebe icy ete edeooey Zope is metro he coi thera wh boggy laying, precede! bythe ant So oe mee oat ee ed rele, The range and rear em ena on hom ding Ge cere eeu yoyo oemaveras spnwderepemon™ ‘Seeks cot ieee ag ate eck pce TE toe of seca, Backsoe sve ha the towel and ey pared ef hee spsrmnce hae o el infence won te make’ tcc obeslined wih eine and al-botoed wig nh seventeen Clara al which erted pen fm Hepa butte fom don tbea The poves of ight and dacaee were suone lo he court vih the bck cap which was donned w procounesetence of dh, hd the spot wha ploes worn tthe ead ose ania” when 2 proers were ob ef for estou "Win is coc sal of the ail, judge and coun di ployed te nog with an oqucos Gat oon lle that of ledng at pi Se ot st ema EERE ERTS Suse eee ater ”ee ee statesmen. There was an acute consignee tat the courts were plate focms for addresing ‘the mulitade’ Two sages inthe procedings ‘specilly were tests ofthe ehecorcl power ofthe bench. The Est, the ‘hang 10 the grand jry, was ostensibly directed tothe county pent Judges gave close atetion to context and wo delivery. Prequenty charges ‘were a satement of cx policy, at well ae a summary of tbe sate of ‘he la and tbe duties of gentlemen, Earle in the cenury they cxtigated Jncobitsm and in che 17206 che jadger used them to denounce “une ‘Sounded and sedition criticisms of govecument policy on the South Sex “Bubble, Tone was important: before he went oa Geet in 1754 Sit Dud- ley Ryder reminded himsef "When I would speak tothe} Gran Jory I should meen to persuade them todo thie doy, I should therefore speak to thems I would toa number of my tenants whom I woud instret and Pessuade and therefore make them felly acquainted with everyihing ‘eotairytothatend, oasT would tomy son." The favour of pteralin was important, fr usually the charge ae also diced at the wider sunience inthe courtroom. It wa fia scar sein oa the gondness of whichever Hanoverian chanced to be on the throne, the virus of| authority snd obedience, the Goes ofthe social oder” ks the king's ere Dee, ax well shirt net, taal i bjs ‘be eay and Sap: In thi places is ret Seri fe Gh adi he reservation ofthe Laws of the Kian, & of ye ets of is People the Chief sopport of his ie & Goverment». Wino nde (cio Hard svekein thi charge to Somerset As how mira mt be the onion oF the Pepi? lasted of rou obarianes and «de execation ofthe ams, ‘rey mua as, his ace, is eeng,o hi umbiion weld become «ew o hime andthe rl of hs ding wh might» ‘The second rhetorical test fo the judge demanded nt the scents of paternalism, but the power and pasion of righteaus vengeance, The death sentence, we have suggested, was the cLmactc emotional poi of the criminal law ~ the soment of teror around which the sjten: rwolved. AB the cuss came before judge aad jury at aszs the com ited were remanded for sentencing onthe as day; nd on that day the judgeoent were given in ascending oder of severity, reserving the moet ‘afl forthe las. Before pasing sentence of Jest, the fudge poke shout the crimes and the eriminals. ‘A wise and conscientious judge’, wrote ‘Thomas Gisborne, wll ever nel so Gourble tn asain of inciting the ean of ce od the fil cosequnce to wich rads He wl pot ato hi eee he 1. Harty us, 49, re Vn" ba re % umd Property, Authority andthe Criminal Lao toe cn i St ity md ts of eign ‘ona ohh ve cnr ap 8 et asec to, So ee ee eee soot Er aldeieiipete ert ecfacnemeseere Siete ate fos epee pace efeanamon Tee ieee eee masa ot pubdate po ier * Tesi at sor nab oe yd pts fa tered peat nena of tae poe mind = God snore: - oH at Chelmsford the Chief Justice condemned « girl to hanging and dissco~ Soe fo meting hy, Het perl try go ‘Sipe verde of ky (fn thy Ed er), rng ‘Sats jt, be Gpnaed Geiiplnes of of “Enos Ipononced he ence be nS wry," mad « very opr sc cesar a penne spy, wich + Toutes tel tas ett von ying ot ere tio uy Siti arden y scan rad aieg terre, Sere pea a v pre cosh Tle wa be Teal, jugeent td it chaning of enon he crninl Dep pment in. UF Seer, baw a eT. aah Sentence were made eve mare impreve by the contrat with the Ce laled che tbciena ae it od ateralconcera fr thei prisoners was eamarked upon by frcgn vistors 2nd deepened the analogy wih the Chriain God of ace and mercy. ‘Moreover, thee i tome reaton wo believe cat the secla sermons ofthe cciminal lw had bonime mae importa dn thse of the Church by the cighteeth century. Too many Englisunen lad forgotten the snel Ge of brimstone and the clergy ~ lary, abseatee and dominated by materi Jobe Thom Gas, En the Das of se ihr nd Ae ch of Sry ras Brn 9-39 Es May ho ph ed te ea ace, irl he see te ag Sey ve As ih eof pape eet ‘Seas eh hr vp pre Fes piel eviews cen ideo an hel ave! (ups Ete ese, 68) pimeectireinerser tes 2» feMio’ Fetal Tree smbiion — were ot the men to remind them. The diminished elleive- ‘nes of damsation to compl obedience was eccateare by the deine ofthe ecclesiastical cours since easly Seasr times to mere abies of vils and watrages and ccssional eaves of lander In sbarp coast, the sanctions ofthe criminal aw hd not letter bite: “The goverment ts wisely provided corporal and pecusary pushers and Miners cf Justice for the execution of them Sis James Arr tld sje; “Tor the punishment ofthe Pele, or souad Whipping to some & more ileal Rhetaric, than the preaching of Divine vengeance fiom the ‘Pulpit; for much ewd Wreches hss sordid main, ta Preaching is only 4 Trade, and tothe minisars of gorpel, Godliness is pret gin, ‘Timuchy Nourse was more svcint x good strong pac of Stacks, and 2 Whipping-post, wil work a greater Reformation than Forty Doctrines ‘nd Usex’® Religion sla place within the ital ofthe law: ergy ‘man give the asize sermon, and ethers attended the condemned men on ‘the sed. Bur we suspect tha the men of God derived move prestige from the oeison than they conferred upon it A suggeaon ofthis ex ‘be sen in an evangelical pamphlet published in 179. In the metaphors of ‘over, judges usualy had been likened to God, ceiving their authori fiom divine authriry, mediated through the Crown. Bur the sther ‘evened the metaphor in his atternpt wo resurrect religion: be Ukened ‘the diy tan English high cour justice, andelled the Dayof Judgement the "Grand Asszes, or General Gal Delivery The sacle? myseries ofthe cours ha burued deep into the popular conscios aes, and perhaps the labouring poor Lnew more of the teroc ofthe law tan the of religion. When they dd bear of eli was often from a judge. Sentencing ‘8 murderer at Gloveser in 177, Justice Nates reminded him that his sibbeted bones would never enjoy Christian burl, bot would Bang‘ 2 readflspecace of horor and destin, wo caution and deter the et ‘of mankind. But he reminded isn tat he also had an moral sal, and exhocted him to see salvation: “Tha, lthovgh your sine areas scare they may be whitess snow, ~"tho they bea rian, they all be 1 wool” ‘The assines were staged twice a year in most counties. Quarter Seasons, ‘eld eve a often, could not maich them ss spectacles, but a cours of The sengh of Church dpi mcm ur het Sm at ey ‘dara norance ar note gre tn ote ohn ny, ste A. Mclat i Cherie an, Cate 99.38 " fnee Aa, Gra Char Arn rol Croan en, 9, Foams. ctype, {The Goa dt CrCl Dever (hp Rapin) r Property, Authority aud the Criminal Lae law they derived some oftheir immpesivenes by asociton. The magis- ‘uates an the county beach had visited and dined withthe circuit jdges 1 few months before; the wether JPs bad enterained thei lorships {thee homes, pees fan wih them in court. Indeed hee wives ‘nd dager sometines turned the aszs to thes ox purposes, ving ‘ campetitve dopa of charm before the asize ball “By' endes:cnsion tacenly exrondnary, wrote « bemused Frenchmat, the jie pe ‘ts his Beach to be imaded by «throng of spectors, and thus Sada Iimodf surrounded by the precsst womea of the couaty ~ the ses, wives or daughters of rand jurors .. They ate ated in the most leant bgp and icin epectacle noca lle curious wee the judge's vente ‘ead loaded with large wig, poerngamang the youthful fealeheads”» ‘To mos of thos inthe courtroom, te spectacle was les amising and ‘more serious than the foreign baste fund itt was reminder ofthe lowe relationship erwera law, property and power. "Por cern offer, the fll majesty of the criminal lav could be summoned ouside asize tines, and when Quarter Sesions were not tting, The cour of King’s Beach would allow posecation by informa tion foe serious misdemeanors, including rot, spgrarated esau and sore game oor, The ofender was usually tied at the nex sizes, but he could ke compelled to appear at Westminster, red in the most _sresome surroundings, and plloried or whipped among the crowds ofthe teapot was sid to bea popula belief that on could be ‘pu into the Crown Office’ for any offence at any time. Tt happened just often ‘enough to give colour tothe story. Fially, on great many occasions ‘thoughout the century the full panoply ofthe law was sent into the ‘ounte inthe frm of Spec Commission to try a partial, dangerous ‘offence. The Special Commision was used when exemplary hangings tr a least exemplary trike were deemed neccsary forthe public peace Gentlemen ofen petitioned for them when rot in ther counties was ‘becoming too serious, o whea the lence asoited wit popula crimes GGock a smogling)verged on insurrection agains hee authority. The ‘tae judges devended from London, the sermon was preached inthe ‘nearest cate and the breach nthe vocal and moral order was aled With the situa office: speeches, fear andthe scrice of ives onthe follows. Asa the rgulreszes, 2 east in the provinces, thnse excited {tSpevial Commiasons were mail el men, vith neighbours parens, brothers and str in the watching crow. 1. Congo pte Nae tenia Ari mia Cater, 30a 3Albion's Fatal Tree Sse ‘Joie’ as an evostive word in the cgheenth century, and with good featon. The constratonal struggles of the seventeenth tad Belpe to ‘tls th peincipes ofthe rule of ev: tht offences shold be xed, ot indeterminate; that rules of evidence should be carly observed thatthe should be administered bya beach cat was bo ered and noes. ‘These achievements were esemal for the poston of the tstry fom rope gred and royal tyranny, and forthe regain, in he ‘vile of the court, ofthe deal of conveyancing entaling, enor Ing devising, sung and releasing. Since the same jer admired the criminal law a its highest levels, onthe same peneples, even the Poorest maa was garaied jasc nthe high ours. Visors rerated ‘on the enreme sliciade offs forthe ight ofthe ceed a burp stneiom foo the uel practice of coninntl benches Te wes one sidered tobe good grounds fr requesting royal pardon the jae “id (contrary to the wsal custom) lua guns the prsoaer:® The see judge's suesion tothe righ of the prisoner Ai mich to mise the probibiion agains Teal counsel in fous 1 was ¢tadion which ‘emented the cours, ead ic was suainad too by the public narre of ‘Wile Si John Having, chairman f Middeser Quster Sexo, ‘complained, ..incourf jee theepd shown 0 afd fish af rempac..- ‘Tins woe diy iw condut the even, faring the cms tha ters Javeimaed bys castary euro ise reresne fom rng it satan exw o eoarpanion tacos neting, nd ie ‘he apps of Ylpr Bere, every one ras sl n he ide of the ‘or and hope, by he a ia Ms Veal tobe ning a & mah of ‘oe than ovary humanity Equally important were the strict prosdur) in the high ours Tn epial eases, Moreover, ‘mos ona sate were ntrpeted by hedges ina exemely nao ‘nd formas facion. In part this wae bated om srvectenth-oty ‘Practice, bur as more capital mania were pamed in the cigteenth ‘century the bench reacted with an increasingly marow iserpectation* Many presevtions founded on exces eidence 1nd coadued st ‘amsderable expense fled on minor ecers of form inthe indicment, 1. Si Get Woy Stato Edna Cape, PO, HO 4, ef Cat, nde pn gras Property, Austerity and the Criminal Law th re chaps ae em ees lb ed Sobel crs hee me thn the spel tom Sema eS ae eres See ee ee eee Si et creer eee thle: Tas mae be eel ee eae eee tae ‘Se tec Tek spun ws di hin mB (ce wom ts laos ead Conan, feed of era al es pane eet spore ete ent meee Saag Sis ree mid mee cere which ded ten we Seether el pls Barer a he mas {Figen Gov ahr cnc fon ce ie pane Sent Seem te genie ud ps ge been Sea cd jp spe ue ns senng nd ag eee ‘Siparad of ru The ely Sona lng et lee reg can eters pores wih ser cm igh {Ene ef reser nya ae pea vies ae Fpiehml Totem nore ear erTheLa: Tees reel diay one Peo tyme te on can gio ‘oll jue of Gein insbeee favo weed. Tn, $5 yan. Sn ay we Pato weg Tees “Deel tfe the wa np tht ma at exam om Ie pr oe is of pli at ing oa clas ot pe tctes ten rn te een ct of Sr This ae of ‘so te bt np tet oa rope or peo wu wy dep. As crn ey eae Ectscigy cmon tenho en, more sch rerpectle “kns wen oe lon Te ine was onl wh nein ‘ey ce howph tu ofen commie by pera oper of ‘iy, Th ripe vs ting to many ing! the ‘Gsm ety John ope he exrtinof e Revrad Ds Ded ‘Nowmet Roy Chapin Lord Chess = oa dota yb ed tee ie hse pe ae tht hw este an ot RL Taccoainl see otssporation or eth paolo ee evisu foie eile She Neng Cader sad eer ves nly save fly thee Une mow il inn hi ent as Lares ua Pe Poe % Te. do Ona enefilAB's Pata Tree Shirley, Lard Feres, whe Kile his tesa, was captured by is eman~ ‘ytd inthe House of Lord sentenced to death exnued et Tybar, tnd disctd ie «common criminal” a the pulls never ed of| repeating Hewes Banged in his ver brocade wedéing-st ona ead ‘uipped with black lk cushions for the moamers Bat hanging it Inging, dhe defender of the lew repeated enthusiastically. An enormous ‘rare suroundedhiserzation in 176, ruck oft eveed wo celbrat= ing the aw, Later in the century dhe event wa often rele a5 an i= fable poof ofthe jie of English soy. Am antJacobin in the 17908 ain hi "oer airs ‘Werave gene hat Lb nd Bg wich the Preach he Bea stalin for sng ant EQUAL all wn com the mine ‘fener lle othe ne pment the wry fe ond mene me ‘Sums mtr, he banged with hemp ket i ay eel ‘Be Rika Nelo commies marr, hex hengel wih emp lr, aad 1b bedy diseed~ llr ea he Fanoah More use the ae argue: i ber ant-Jacobin pamphlets far the pone; Ferre became one af the best-known ving of he cea ‘uy in some cust te sry ofthe wid arora who met jst ‘end on the zat ws told at popula feivites ual wel ino the 18008 Tn the pariour of the Justice ofthe Pace, stare dari nd dus press vere not lay 9 mc in evideace a inte high cours. Many usices Convicted on fins evidence parca when they were subeevint to loa sagate, and when they were enforing the game ho. It as ‘ety pons to combine aitrary powers wih an cscs tothe les, however, and eeppers tat mos JPe made an effect to appen, ‘leant to be cing eal. Moreover, even the level ofthe juste the ‘les flaw ould be wed eevely os teal of abouting man. Tras ‘ot unknotm or boures caught des-ealing to male an ingenious vse of the conraditry ststuespotcig informers to eaipe puishment* ‘The oscasoul sucess of such ruses aad the attempts to use them, robihly helped sussin the belie thatthe integrity ofthe lw was 8 Tealiy and not merely the rhetoric of judges and gentlemen. Perhaps ven more iparaat ia his repose were the Frequent prsecutcns ‘rough by common informers where the poor could go befre a JP sand tae the law in ther owe interests. Prosecutions under the exe, ‘pine and tumpike ac often aginst fares and tadesmcn who on ‘owt other eesaslons were these who wed che cours ~ ozasonally. ‘lowed the powers o make the lw thir even, wheter fer personal 2 ers dd Sa: 20, Dir Ye 3 Bes Ndw,Gpr Pouhig dtbe Ge Laon Cock Ca, 6 3 Property, Asthrt gl the Crinial Law seegy thee fh rev Moree, Juno ft Pee SS in te stained poe lm ening ‘Sour var wh fod opr ory ee em te Sree ee tel hon ore ah Somnath exes PES tows rey une or eh cine fw Sexe and te genemen who Hough hom ted te ie de eos tesmaton As eaveney peruse fal ee CoS panne yard ed vend om aac sree Ta ap ld she he gran f Egan SSE Teena sn ans ae: en ere soe Sie nan, The el guna of ie cee domed in soe corrocl psa wh, Led ane Sue dag aut rel mrs 7, te Mons = see ee a aes of te Loin Capen See 98 EST ce te sig cman wht Sea a er PRESS yor eben ted ean objet eae he openty Te Fai me a ben Pe eso cia anlage npn, tig the mao aac ra len Ud heute we yo in el i dee al ca, whe ies al et a and orm pial cam, he twat eo 8 ray Opie The ook wren a om etn Sr na esac cme wth pling ed a oe Tos fonts pal nin teen wens Ye hn eed ee ‘Gai aero ‘eet nee Ne ea te wee fe Pcie ded tt te Eien oekaki One! nies of death when the rules of gad mere fced with od ots yinen deere ith unger and coovioed of he ight of th Tec conadlaion could become acute. At sch times tro conceptions of Te Fle of he Baty 85. 38of amore oad and indigent aude o pore, pode song conics of guilt and ame, with evetent-cary Wh tas 44 te patil expen? Acar tthe bin adil nt ten ager evel inthe lw, which in sla ele had ‘sconce popula dou of umize wih the asl ct of propery. From ine ne wie jr ot pit dae he sncientcldocine ht starving man fad tert to tel enough food to ley himself for + wee. Hale tad yen in the sveeerth etry thatthe role Bd lang een died in England, Hctne sel hm a thy Sah ey ws ded oe eon, or mens propre wool be unde» range inary, itll to be lavadedscodig to he wants fees ef whch wanes ‘no mm can psy be an adeuate dg, ba he pty hse” wi eds thea’ The judges ard fr was imposes overs, 14 legal deface witht whl eroding the pope atte, Rather than tclaowedge an rca, alien and: angen lal cin, the tect sured hi dep cones fr the te peal pope ek the crdinry Englishman id fe. From tine w tne they pased heh ‘estas far ran cc sach athe tet of cee, WAL hy pro chimed in court to be parce mifouas of the poor. A get many ‘words were vse al on price sate fr ese Feu, ‘cof 1713 puised with deat any hoster who le pods worth fer slings or moe. Opposing repeal ins majo deat int, Led Eldon dcare ‘ta he property ofthe fdas ctage ld be pec who i fen ogee ica and ie bo Peships ot ore tan 4o epsted in a-oena oe of ror ™ tis dial aaa he weight sch aurea with he mas of Eagles, Edon's was joe few cages ad saving of Ey the votes of um ot mor inthe Bars yen 8. Equal few cote ‘ould ard to go aw fo recve sea gots.Lsloges dona est ais however, bt en sppetrancs ne wee cup pesecs- ‘ions on tea of poor me fo give calor tothe Lord Cancels ims, Usually ch ae ere eg ora fr by enployes aoe hain prey wre is bere wo visa hig. Tt ‘ight be fill one end, nh he prone ny of heat de serene we or are, but thd plc in Eng, hee cat ‘dood ot stn sd incor ao ay Soa Many le we ‘rote wi he roti 3 Soe i Chi, Cera The Se Ant) ped © a tng aunty sod or ly we eta apne The jlges aed ‘eRe ol gd 6 Property, Ausherity ond the Criminal Law ‘or local associations for the prosecution af felons. The motives for men of property to asst the poor to prosecute were a tangle of elF-incerest ‘nd paternalam, Some getiemen simply belived that che lew asthe ‘brtright of evry Englishman, and most were anxious to conve thie ‘who might prey on them as wel. The consequence was thet mare pot smen were able to use the a than the system o legal fes would otherise fave allowed. The poor suller from theft aswell as the rich, and in cfgiteenth-cearury England probsbly far more poor mea lost goods 10 ‘Bievesifonly beans the rich were few nd thee peopety more secure. In recoguiing tat far, and extending its protection, however imper fecly, to ordinary men, the criminal lw did much to justify itself and the geademen who administered it. Defending the constitution in the 9p Hannah More’ ploughman sing, Bea ve for any guard, My couse stared, Taran the gto he dc, Ss the Squire nad pres, 1 et instant rere: ‘Mperchats asf he par, Si ‘The justice of English law was thas power ideological weapon in the arsenal of coneraives daring the French Revolution. Wicked Lord Fee jures sad habeas corpus were leading themes in at-facohin ‘popula Iteratare. They were tzlly contrasted with rama French ‘tisocra the inguisitoial yee oflaw and eres de cachet. Tn comntes- {ng the influence of Tom Pune, the conservatives repeatedly empsized the cera place of law in the English eonsiutin. illray caught the ‘prt ofthe argument perfec in prac of 1801. He drew two tes (One, the blsted and rotten ump of Oppastion, was surmounted by 4 French cap of Liberty, and on is few remaining branches tung the withered fats of Bhsphemy, Sedition, Anarchy, Democracy. The other ‘nee, oarshing and pren, be gave roots of Kings, Lards and Commons, ‘rvect apples of Peace, Happiness and Prospsity, and he bible is ‘mane trunk JUSTICE Teeimporant,bowevec,t distinguish the argoe Ineat spans Paine from the wider iealogieal we of josce throughout ‘the century. The author of Te Rights of Aan was in a peculiar postion vith respect tothe lav. As one of ‘the midling st” he was « man of ‘modense propery, ad he thought like one. He wis not «cri of the 1. Hanah Mar, Werk wy ro 1 9.26 FR Toeel Linas, wih ts Dev tap Jbe Bull w.9214 Cte of ‘iia snd Peal Sa, MD. Gmre Bich Manu, Depart of Ps nd Dass 905 9 3