An Enquiry into the Causes of the late Increase of Robbers/Section 3

by Henry Fielding

SECT. III

Of Gaming among the Vulgar; a third Consequence of their Luxury.

I Come now to the last great Evil which arises from the Luxury of the Vulgar; and this is Gaming: A School in which most Highwaymen of great Eminence have been bred. This Vice is the more dangerous, as it is deceitful, and, contrary to every other Species of Luxury, flatters its Votaries with the Hopes of increasing their Wealth; so that Avarice itself is so far from securing us against its Temptations, that it often betrays the more thoughtless and giddy Part of Mankind into them; promising Riches without Bounds, and those to be acquired by the most sudden as well as easy and indeed pleasant Means.

And here I must again remind the Reader, that I have only the inferior Part of Mankind under my Consideration. I am not so ill-bred as to disturb the Company at a polite Assembly; nor so ignorant of our Constitution, as to imagine, that there is a sufficient Energy in the executive Part to controul the Oeconomy of the Great, who are beyond the Reach of any, unless capital Laws. Fashion, under whose Guidance they are, and which created the Evil, can alone cure it. With Patience therefore must we wait, till this notable Mistress of the Few shall, in her good time, accomplish so desirable a Change: In Fact, till Great Men become wiser or better; till the Prevalence of some laudable Taste shall teach them a worthier Manner of employing their Time; till they have Sense enough to be reasoned, Modesty enough to be laughed, or Conscience enough to be frightened out of a silly, a shameful and a sinful Profligacy, attended with horrid Waste of Time, and the cruel Destruction of the Families of others, or of their own.

In the mean time we may, I think, reasonably desire of these great Personages, that they would keep their favourite Vice to themselves, and not suffer others, whose Birth or Fortune gives them no Title to be above the Terrour of the Laws, or the Censure of their Betters, to share with them in this Privilege. Surely we may give Great Men the same Advice, which Archer, in the Play, gives to the Officers of the Army; To kick out all—in Red but their own. What Temptations can Gamesters of Fashion have, to admit inferior Sharpers into their Society? Common Sense, surely, will not suffer a Man to risque a Fortune against one who hath none of his own to stake against it.

I am well apprized that this is not much the Case with Persons of the first Figure; but to Gentlemen (and especially the younger Sort) of the second Degree, these Fellows have found much too easy an Access. Particularly at the several public Places (I might have said Gaming Places) in this Kingdom, too little Care is taken to prevent the promiscuous Union of Company; and Sharpers of the lowest Kind have frequently there found Admission to their Superiours, upon no other Pretence or Merit than that of a laced Coat, and with no other Stock than that of Assurance.

Some few of these Fellows, by luckily falling in with an egregious Bubble, some thoughtless young Heir, or more commonly Heiress, have succeeded in a manner, which, if it may give some Encouragement to others to imitate them, should, at the same time, as strongly admonish all Gentlemen and Ladies to be cautious with whom they mix in public Places, and to avoid the Sharper as they would a Pest. But much the greater Part of such Adventurers have met with a more probable and more deserved Fate; and having exhausted their little Fund in their Attempts, have been reduced to a Dilemma, in which it required more Judgment and Resolution than are the Property of many Men, and more true Sense of Honour than belongs to any debauched Mind, to extricate themselves by honest Means. The only Means, indeed, of this Kind, are to quit their assumed Station, and to return to that Calling, however mean and laborious, to which they were born and bred.

But besides that the Way to this is often obstructed with almost insuperable Difficulties; and false Shame, at its very Entrance, dashes them in the Face, how easily are they dissuaded from such disagreeable Thoughts by the Temptations with which Fortune allures them, of a Possibility, at least, of still supporting their false Appearances, and of retrieving all their former Hopes? How greedily, may we imagine, this enchanting Alternative will be embraced by every bold Mind, in such Circumstances? for what but the Danger of the Undertaking can deter one, who hath nothing of a Gentleman but his Dress, to attain which he hath already divested himself of all Sense of Honesty? How easy is the Transition from Fraud to Force? from a Gamester to a Rogue? Perhaps, indeed, it is civil to suppose it any Transition at all.

From this Source, therefore, several of our most notable Highwaymen have proceeded; and this hath likewise been the Source of many other Depredations on the honest Part of Mankind. So mischievous have been this Kind of Sharpers in Society, that they have fallen under the particular Notice of the Legislature: for a Statute in the Reign of Queen Anne, reciting, 'That divers lewd and dissolute Persons live at great Expences, having no visible Estate, Profession or Calling, to maintain themselves, but support those Expences by Gaming only;' enacts, 'That any two Justices of the Peace may cause to be brought before them all Persons within their respective Limits, whom they shall have just Cause to suspect to have no visible Estate, Profession or Calling, to maintain themselves by, but do, for the most part, support themselves by Gaming; and if such Persons shall not make the contrary appear to such Justices, they are to be bound to their good Behaviour for a Twelvemonth; and, in Default of sufficient Security, to be committed till they can find such Security; which Security (in case they give it) is to be forfeited on their playing or betting at any one Time for more than the Value of 20 Shillings^[1].

As to Gaming in the lower Classes of Life, so plainly tending to the Ruin of Tradesmen, the Destruction of Youth, and to the Multiplication of every Kind of Fraud and Violence, the Legislature hath provided very wholesome Laws^[2].

By the 33d of Henry VIII. 'Every Artificer, Craftsman of any Handicraft or Occupation, Husbandman, Labourer, Servant at Husbandry, Journeyman or Servant of Artificer, Mariners, Fishermen, Watermen, or any serving Men, are prohibited from playing at Tables, Dice, Cards &c. out of Christmas, and in Christmas are permitted to play only in their Masters Houses, or in his Presence, under the Penalty of 20s. And all Manner of Persons are prohibited from playing at any Bowl or Bowls, in any open Place out of their Garden or Orchard, under the Penalty of 6s. 8d.

'The Conviction to be by Action, Information, Bill, or otherwise in any of the King's Courts; one Half of the Penalty to the Informer.

'Provided that Servants may play at any Times with their Masters, or by their Licence; and all Persons, who have 100l. per Annum, Freehold, may give their Servants, or others, resorting to their Houses, a Licence to play within the Precinct of their Houses, Gardens, or Orchard.'

By this Statute likewise, 'No Person whatever, by himself, Factor, Deputy, Servant, or other Person, shall, for Gain, keep, &c. any Common, House, Alley, or Place of Bowling, Coyting, Clash-Coyls, Half-Bowl, Tennis, Dicing-Table, or Carding, or any other Manner of Game prohibited by any Statute heretofore made, or any unlawful Game invented or made, or any other new unlawful Game hereafter to be invented or made: the Penalty is 40s. per Day, for keeping the House, &c. and 6s. 8d. for every Person haunting and playing at such House. These Penalties to be recovered, &c. as above.

'And all Leases of Gaming-houses, Alleys, &c. are made void at the Election of the Lessee.'

Farther by the said Statute, 'Power is given to all Justices of Peace, Mayors, or other Head-Officers, in every City, &c. to enter suspected Houses and Places, and to commit the Keepers of the said Houses, and the Persons there haunting, resorting, and playing, to Prison; and to keep them in Prison, till the Keepers have found Sureties to enter into a Recognizance to the King's Use, no longer to keep such House, &c. and the Persons there found, to be bound by themselves, or with Sureties, &c. at the Discretion of the Justice, &c. no more to haunt the said Places, or play at any of the said Games.'

And now by the Statute of George II. this last Clause is enforced, by giving the Justice the same Power on the Information of two Persons, as he had before on View; and, by a more explicite Power, to take Sureties or not of the Party, at his Discretion.

Lastly, The Statute of Henry VIII. enjoins the Justices, &c. to make due Search weekly, or once per Month, at the farthest, under the Penalty of 40s. for every Month, during their Neglect.

Thus stands the Law, by which it may appear, that the Magistrate is armed with sufficient Authority to destroy all Gaming among the inferiour People; and that, without his Neglect or Connivance, no such Nuisance can possibly exist.

And yet, perhaps, the Fault may not so totally lie at his Door; for the Recognizance is a mere Bugbear, unless the Party who breaks it, should be sued thereon; which, as it is attended with great Expence, is never done; so that though many have forfeited it, not a single Example of an Estreat hath been made within my Remembrance.

Again, it were to be wished, that the Statute of George II. had required no more than one Witness to the Information: for even one Witness, as I have found by Experience, is very difficult to be procured.

However, as the Law now is, seeing that the general Bent of the People opposes itself to this Vice, it is certainly in a great measure within the Magistrate's Power to suppress it, and so to harass such as propose to find their Account in it, that these would soon be discouraged from the Undertaking. Nor can I conclude without observing, that this hath been lately executed with great Vigour within the Liberty of Westminster.

There are, besides, several other Provisions in our Statute Books against this destructive Vice. By the Statute of Queen Anne^[3], whoever cheats at Play forfeits five Times the Sum won by such Cheating, shall be deemed infamous, and suffer such corporal Punishment as in Case of Perjury. And whoever wins above 10l. at any one Sitting, shall likewise forfeit five Times the Sum won. Going Shares with the Winner, and Betting on his Side, are, in both Instances, within the Act.

By the same Act, all Securities for Money won at Play, are made void; and if a Mortgage be made on such Account, the Mortgagee doth not only lose all Benefit of it, but the Mortgage immediately enures to the Use of the next Heir^[4].

By this Law, Persons who have lost above 10l. and have actually paid it, may recover the same by Action within three Months; and if they do not sue for it within that Time, any other Person may^[5]. And the Defendant shall be liable to answer a Bill for discovering such Sum lost, upon Oath.

By 18 George II.^[6] whoever wins or loses 10l. at Play, or by Betting at any one Time, or 20l. within 24 Hours, is liable to be indicted, and shall be fined five Times the Value of the Money lost.

By 12 George II.^[7] the Games of Pharaoh, the Ace of Hearts, Basset, and Hazard, are declared to be Lotteries; and all Persons who set up, maintain, and keep them, forfeit 200l. and all who play at them, forfeit 50l. The Conviction to be before one Justice of Peace, by the Oath of one Witness, or Confession of the Party. And the Justice neglecting his Duty, forfeits 10l. Note, The Prosecution against the Keeper, &c. may be for a Lottery, on the 8 George I. where the Penalty is 500l.

The Act of 18 George II. includes the Game of Roly Poly, or other prohibited Game at Cards or Dice, within the Penalties of the abovementioned.

I have given this short Sketch of these several Acts, partly for the Use and Encouragement of Informers, and partly to insinuate to certain Persons with what Decency they can openly offend against such plain, such solemn Laws, the severest of which many of themselves have, perhaps, been the Makers of. How can they seriously answer either to their Honour or Conscience giving the pernicious Example of a Vice, from which, as the Legislature justly says in the Preamble to the 16th of Charles II. 'Many Mischiefs and Inconveniences do arise, and are daily found in the encouraging of sundry idle and disorderly Persons in their dishonest, lewd, and dissolute Course of Life; and to the circumventing, deceiving, cousening, and debauching of many of the younger Sort, both of the Nobility and Gentry, and others, to the Loss of their previous Time, and the utter Ruin of their Estates and Fortunes, and withdrawing them from noble and laudable Employments and Exercises!' Will a Nobleman, I ask, confess that he can employ his Time in no better Amusement; or will he frankly own that he plays with any other View than that of Amusement? Lastly, What can a Man who sins in open Defiance of the Laws of his Country, answer to the Vir bonus est Quis? Can he say,

Qui consulta patrum, Qui leges juraque servat?

Or can he apply that celebrated Line,

Oderunt peccare boni viriutis honore,

to himself, who owes to his Greatness, and not to his Innocence, that he is not deterred from such Vices—Formidine Pænæ?

Notes

1. 9 Annæ, chap. 14. sect. 6, 7. It would be of great Service to the Public, to extend this Statute to idle Persons and Sharpers in general; for many support themselves by Frauds, and cheating Practices, even worse than Gaming; and have the Impudence to appear in the Dress of Gentlemen, and at public Places, without having any Pretensions of Birth or Fortune, or without any honest or visible Means of Livelihood whatever. Such a Law would not be without a Precedent; for such is the excellent Institution mentioned by Herodotus, in his Euterpe.—Amasis (says that Historian) established a Law in Egypt, that every Egyptian should annually declare before the Governor of the Province, by what Means he maintained himself; and all those who did not appear, or who could not prove that they had some lawful Livelihood, were punished by Death. This Law Solon introduced into Athens, where it was long inviolably preserved as a most just and equitable Provision.' Herod. Edit. Hudsoni, p. 58. This Punishment is surely too severe, but the Law, under a milder Penalty, is well worthy to be adopted.
2. By a Statute made in the eign of Edward IV. now repealed, Playing at several Games therein mentioned, was punished by two Years Imprisonment, and the Forfeiture of 10l. and the Master of the House was to be imprisoned for three Years, and to forfeit 20l. A great Sum in those Days!
3. 9 Annæ, chap. 14. by which the Statute of 16 C. II is enlarged and made more severe.
4. Ibid. sect. 1.
5. Ibid. sect. 2.
6. Chap. 34
7. Chap. 28.