on most of the Things now spoke of, no real Value can be set, the Punishment would be inconsiderable, if any, should the Things be found upon them, or themselves be taken in the Fact. Most Men will agree to all this, whilst unconcern'd; but when private Interest is touch'd, it soon stifles these Considerations. I should be a Fool, says one, when a Thing of Value is stolen from me, not to get it back, if I can, for a Trifle. If I lose a Sword, or a Watch, I must have another; and to save the Fashion in these Things is considerable: It is better to lose the Half than the Whole. I have nothing to do with the Thief, says another, if I have my own again, it is all I want: What Good would it do to me to have a poor Fellow hang'd? A Third, more compassionate, will tell us, that if he knew the Thief, he would not meddle with him; and that he would lose ten times the Value of what has been taken from him, rather than be the Occasion of a Man's Death. To these I reply, that the Legislators seem to have known how the Generality of Men would argue, and what Excuses they would make; they had an Eye on the Frailty of our Nature; consider'd, that all Prosecutions are troublesome, and often very expensive; that most Men preferred their own Interest, their Ease and Pleasure, to any Regard of the Publick; and therefore they provided against our Passions with so much Severity. Compounding of Felony is not prohibited under a small Penalty, or attoned for by a little Fine; it is next to Felony; and the most creditable Citizen, that is convicted of it, ceases to be an honest Man.

The Offence in our Law is call'd Theftbote; of which my Lord Chief Justice Coke says, "That it is an Offence beyond Misprision of Felony; for that is only a bare Concealment of his bare Knowledge: But that it is Theftbote when the Owner not only knows of the Felony, but takes of the Thief his Goods again, or Amends for the same to favour or maintain him, that is, not to prosecute him, to the Intent he may escape. The Punishment of Theftbote is Ransom and Imprisonment." Theftbote (as described by Act of Parliament) est emenda furti capta absque consideratione curiæ domini regis. Sir Matthew Hale, in his Pleas of the Crown, says, "That Theftbote is more than a bare Misprision of Felony, and is, where the Owner doth not only know the Felony, but takes his Goods again, or other Amends, not to prosecute."

This Rigour of the Legislature is a full Demonstration, that they thought it a Crime of the most pernicious Consequence to the Society; yet it is become familiar to us; and our Remissness in several Matters, relating to Felons, is not to be parallell'd in any other civiliz'd Nation. That Rogues should be industriously dispers'd throughout the City and Suburbs; that different Hours and Stations should be observ'd among them, and regular Books kept of stollen Goods; that the Superintendent in this hopeful Oeconomy should almost every Sessions, for a Reward, betray, prosecute, and hang one or more of this his Acquaintance, and at the same Time keep on his Correspondence amongst the Survivors, whom, one after another, he sends all to their Triangular Home; that Magistrates should not only know and see this, but likewise continue to make use of such a Person for an Evidence, and in a manner own that they are beholden to him in the Administration of Justice; That, I say, all these Things should be Facts, is something very extraordinary, in the Principal City, and the Home Management of a Kingdom, so formidable abroad, and of such Moment in the Balance of Europe, as that of Great Britain.

The Mischief that one Man can do as a Thief, is a very Trifle to what he may be the Occasion of, as an Agent or Concealer of Felons. The longer this Practice continues, the more the Number of Rogues must hourly encrease; and therefore it is high Time that regular Book-keeping of stolen Goods should cease, and that all Gangs and Knots of Thieves should be broke and destroy'd as much as is possible, at least, none of them suffer'd to form themselves into Societies that are under Discipline, and act by Order of a Superior. It is highly criminal in any Man, for Lucre, to connive at a Piece of Felony which he could have hinder'd: But a profess'd Thief-Catcher, above all, ought to be severely punish'd, if it can be proved that he has suffer'd a known Rogue to go on in his Villany, tho' but one Day, after it was in his Power to apprehend and convict him, more especially if it appears that he was a Sharer in the Profit.

CHAP. II.