468 
take away the Benefit of Clergy from 
certain Offenders for Felony, as takes 
away the Benefit of Ciergy, from Persons 
stealing Privily from the Person of anc- 
ther ; and for more effectually-prevent- 
ing the Crime of Larceny from the 
Person.” 
It recites, that the act of the 8th of 
Eliz. had provided, that the offence of 
stealing privily from the person, without 
their knowledge, should be felony with- 
out clergy; and as such, liable to the 
punishment of death: and that the act 
has not been found effectual, for preven- 
tion of the crimes therein mentioned, 
and that therefore it is expedient, that 
so much as is above recited, should be 
repealed. 
And farther relates, that it might tend 
more effectually to prevent the crime of 
Jarceny from the person, not being rob- 
bery, if it were more-severely punish- 
able than simple larceny. 
And it then enacts, that so much of 
the act of Eliz. as above, be repealed. 
And in the second ..sect. it 
enacts, that stealing from the person, 
whether privily, or not, without such 
force as to constitute robbery, shail be 
punishable in the person actually com- 
mitting it, and in those present, aiding, 
and abetting, by transportation for seven 
years, or for life, at the discretion of the 
judge, or court, before whom the con- 
-vietion takes place, or imprisonment in 
the common goal, house of correction, 
ar penitentiary house, for not more than 
three. years. 
I would cbserve, that, although capital 
felonies without clergy continue to be 
still added to our acts of parliament, it 
is a great satisfaction, this great and very 
frequent source of capital convictions 
is removed. And that, as the commence- 
ment has been so judiciously and suc- 
cessfully made, a correspondent progress 
may be reasonably hoped. It is also a 
satisfactien to observe, that in some late 
acts, offences which would formerly have 
been made felonies without clergy, have 
been made punishable as misdemea- 
nors. 
I recollect, however, but four in- 
stances, in which, during this reign, 
offences, before punishable with death, 
have been made punishable as misde- 
meanors, or as clergyable felonies. . The 
ne is deer-stealing, under certain cir- 
cumstances that do not come avithin the 
black act, so as to be capital by that; 
the viier, the concealment of the birth of 
an ilegitimate child, by the mother ; the 
thud, the imputed erie of witcheraft; 
On Capitial Punishments. 
farther” 
[Dece. 1, 
and the fourth, that of stealing privily 
from the person. : 
The preamble of the act which, in 
1565, subjected this offence to death, is 
curious, it recites the frequent com- 
mission of it at sermons, and at times of 
service and common prayers, in churches 
and chapels, and in the palace and pre- 
sence of the prince, as well as in courts 
of justice, and fairs and markets (in which 
latter places it is not now unfrequent) 
and at the time of execution for murther, 
or other criminal charge (at which also 
it is still, and perhaps, enereasingly fre- 
quent), and that they proceed in 
thus privily and fetoniously taking the 
goods of good and honest subjects 
from their persons, under the cloak of 
honesty in their apparel, countenance, 
and outward behaviour, without regard 
to time, place, or person, or fear of God, 
Jaw, or punishment, to the utter undoing 
and impoverishing of many. 
Property is now so differently circum=- 
stanced, that this latter consequence, it is 
needless to observe, very rarely now re- 
sults from this crime. Beccaria on 
Crimes and Punishments, is the principal 
writer on this interesting subject. And 
since the revolution in America, the 
Chief Justice Bradford, I think, of New 
York. It had also drawn the attention 
of the benevolent Jonas Hanway. 
Horse Chesnuts.—Besides. the uses 
mentioned of this most beautiful tree, 
which, with the elegant tamarisk, we 
owe to Bishop Grindal, in consequence 
of his exilein the reign of Mary, and his 
return in that of Elizabeth, might be ad- 
ded its fitness for making candies, with 
some addition of oil, And its service- 
ableness for stakes to trees, and other 
rough work. 
Preservation of Penal Drawings.— 
Washing lightly with milk, [have known 
employed for that purpose; but I doubt 
whether the richness and delicacy of 
touch, may not suffer from it. 
P.S. There seems to be no doubt, but that 
the punishment of death might with safety 
and benefit be abrogated in all cases, except 
those which the law of nature, and the Mo- 
saic law (I do not mean however applying 
the latter in some instances peculiar to the 
Jewish polity) have regarded as of the first 
atrocity, and the most iacompatible with the 
personal safety of society. And these, | 
believe, would not amount to six. ; 
Troston, Your's, &c. 
Sept. 3, 1809. Care. Lorrt, 
ee ae 
ExrratTa-in my letter on Reform, 4 
fa 
