City of London Sessions:
Sessions Papers - Justices' Working Documents

11th January 1703 - 24th November 1704

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Currently Held: London Metropolitan Archives

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Image 24 of 5113th November 1704

Old Bailey

To the Right Honoble: St. Owen Buckingham< no role > Knt . Ld Major
of the Citty of London & to the Judges and Justices of the Peace at the
Sessions of Oyer and Terminer held at Justice Hall in the Old Baily
the Fifth day of December One thousand seven hundred and Foure

The Presentmt. of the Grand Jury for the Citty of London

Whereas the Bench of Justice of the Peace for the Citty and Liberty of Westmr. did the last Sessions upon the Complaint of the
grand Jury for the said Citty and Liberty represent to this Honoble. bench how ineffectuall the severall Laws now in force against
Felons that comitt Burglary house breaking or Robbery in shopp Wardhoused Coach houses or Stables or that Steal Horsed
had proved for want of due Execucon And that for the reasons following:


For that the mark or burn in ye Cheek was to small and Executed so imperfectly as to be scarcely visible, and by that
meanes many of them had been burnt Five or Six times over.


That such Felons being never tryed a different time by the same name It made it a matter of great difficulty for a Prosecuted
to produce ye Record of their former Conviccon, an inconvencency ariseing from which, was, that they were frequently admitted to be
Wittnessed for the most notorious Criminall.


That this sort of Criminally for ye most part being Women when convicted they pleaded their Bellies and Planted
Women of their own Gang to be on their Jury, who finding them quick wth. Child they did by that means game time to escape weak
being called downe to their former Judgment.


For that Convicts Ordered for Transportacon being often allowd Six Months for that purpose, did usually give
some ordinary Security for it, and then go at large comitting the like Crimes and after gett themselves into a generall

And recomended the same to this Honoble, Bench as Greivansed to be redrest and provided against, as should be
thought most proper and expedient.

Now wee the Grand Jury for the Citty of London upon the like Complaint Exhibitted to us by many Eininent Trades
men wch. in the sd. Citty do take the like liberty to represent to this honoble. Court, that so little care has been taken to remedy the
inconvenienty recomended to the Bench the last Sessions that two of the most notorious Shoppliffs that were Convicted the
last Session have been taken Since in ye very act of Shopplifting in the late Dwelling House of Sr . Thomas Abney< no role > & thos. they
were upon their last Conviccon burnt in the Cheek the mark is not now to be discerned, and yet the due Execucon of the Law
in that Case wch. requires that such Convicts should wch. the usuall markes that other Offenders were burnt in the Hand be burnt
in the most disables part of the Left Cheek neare the Nose was amongst other things very forcebly comanded from the Bench
by the Right Honoble. the Lord Chiefe Justice Holt that the proper Officers see Justice done accordingly.

And we farther Present to this Honble, Court that after Shopp lifters and House breakers are Comitted to Newgate
they are frequently Bayled out by Persons whose places of abode are unknowne or are in sufficient to answer the penalty of
their Recognizances by which meanes the Publick Justice of the Kingdom is defeated the prosecutor and indeed all Trad
in generall injured and Criminalls are countenanced in their Wicked Course of life.

John Rudyard< no role >
Hen: Neal< no role >

James Rolleston
Henry: Crofts< no role >
John Garlick< no role >
Robert Elmes< no role >
George Martyn< no role >
Gilbert Page< no role >
Jno. Baskett< no role >
Geo Littlebury< no role >

John Wheatly< no role >
Jam [..] doe

Sam: Fish< no role >
Beresford Baker< no role >
Jacob Eeles< no role >
Cha: Baron< no role >
Tho: Hammonds< no role >

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