Henry Fielding

“ For though many Men yearly venture and lose their Lives by stealing Horses, yet there are very few who dare seize a Horse, where the Law allows and encourages it, when by such Seizure he is to acquire the Name of an Informer: So much worse is this Appellation in the Opinion of Vulgar than that of Thief; and so much more prevalent is the Fear of popular Shame than of Death. ”

“ Indeed a private Person may justify the Arrest of an Offender by the Command of a Peace Officer; for he is bound to be aiding and assisting to such Officer, is punishable for his Refusal, and is consequently under the Protection of the Law. [25]
Lastly, A private Person may arrest a Felon by Virtue of a Warrant directed to him: for though he is not bound to execute such Warrant, yet if he doth, it is good and justifiable. ”

“ For so far is the Power of apprehending Felons, which I have above set forth, from being universally known, that many of the Peace Officers themselves do not know that they have any such Power, and often from Ignorance refuse to arrest a known Felon 'till they are authorized by a Warrant from a Justice of Peace. Much less then can the compulsory Part to the private Persons carry any Terror of a Penalty of which the Generality of Mankind are totally ignorant ”

“ Thirdly, So far are Men from being animated with the Hopes of public Praise to apprehend a Felon, that they are even discouraged by the Fear of Shame. The Person of the Informer is in Fact more odious than that of the Felon himself; and the Thief-catcher is in Danger of worse Treatment from the Populace than the Thief. ”

“ He therefore who commits no Crime against the Public, is very well satisfied with his own Virtue; far from thinking himself obliged to undergo any Labour, expend any Money, or encounter any Danger on such Account. ”

“ Thirdly, Officers of public Justice may justify the Arrest of a Felon by Virtue of their Office, without any Warrant. Whatever therefore a private Person may do as above, will certainly be justifiable in them. ”

“ Statute, 'if any Constable, Headborough, &c. of the Hundred where any Robberies shall happen, shall refuse or neglect to make Hue and Cry after the Felons with the utmost Expedition, as soon as he shall receive Notice thereof, he shall for every such Refusal and Neglect forfeit 5l. half to the King and half to the Informer.'
Now Hue and Cry is of three different Kinds: 1. Against a Person certain by Name. 2. Against a Person certain by Description. 3. On a Robbery, Burglary, &c. where the Person is neither known, nor capable of being described. ”

“ By the Statute itself it appears, that it was usual at that Time among these Persons to extort Money of ignorant and fearful People by the Terror of some penal Law; for the Breach of which the Informer either instituted a Process, or pretended to institute a Process, and then brought the timorous Party to a Composition. ”

“ The third therefore only remains, and to that I shall speak more fully, as the Opinion on which it is founded is of the most pernicious Consequence to the Society; for what avail the best of Laws, if it be a Matter of Infamy to contribute towards their Execution? The Force of this Opinion may be seen in the following Instance. We have a Law by which every Person who drives more than six Horses in a Wagon forfeits as many Horses as are found to exceed that Number. ”

“ For this the common Aptitude of Men to Scandal will sufficiently account; but there is still another and stronger Motive in this Case, and that is the Interest of all those who have broken or who intend to break the Laws. ”

“ And as the arresting Felons, &c. is more particularly their Duty, and their Fine will be heavier for the Neglect, so will their Protection by the Law be the greater: For if, in arresting those that are probably suspected, the Constable should be killed, it is Murder ”