Chronicles of Newgate, Vol. 1: From the twelfth to the eighteenth centuryGriffiths, Arthur
History
Chronicles of Newgate, Vol. 1: From the twelfth to the eighteenth century
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
It will be made pretty plain in subsequent pages, that these wise and
righteous regulations were both flagrantly ignored and systematically
contravened. The rule against farming out the prison may have been
observed, and it cannot be clearly proved that the sheriffs ever took
toll from the gaoler. But the spirit of the law, if not its letter,
was broken by the custom which presently grew general of making the
gaolership a purchasable appointment. Thus the buying and selling of
offices, of army commissions, for instance, as we have seen practised
till recent years in England, at one time extended also to the
keeperships of gaols. It is recorded in the Calendar of State Papers
that one Captain Richardson agreed for his place as keeper of Newgate
for £3,000. A larger sum, viz., £5,000, was paid by John Huggins to
Lord Clarendon, who "did by his interest" obtain a grant of the office
of keeper of the Fleet Prison for the life of Huggins and his son. One
James Whiston, in a book entitled "England's Calamities Discovered,
or Serious Advice to the Common Council of London," denounces this
practice, which he stigmatizes as "bartering justice for gold."
"Purchased cruelty," the right to oppress the prisoners, that is to
say, in order to recover the sums spent in buying the place, "is now
grown so bold that if a poor man pay not extortionary fees and ruinous
chamber-rent, he shall be thrown into holes and common sides to be
devoured by famine, lice, and disease. I would fain know," he asks,
"by what surmise of common sense a keeper of a prison can demand a
recompense or fee from a prisoner for keeping him in prison? . . . Can
he believe that any person can deserve a recompense for opening the
door of misery and destruction? . . . But now such is the confidence of
a purchaser, that to regain his sum expended he sells his tap-house
at prodigious rates, . . . he farms his sheets to mere harpies, and his
great key to such a piece of imperious cruelty (presumably his chief
turnkey) as is the worst of mankind." Following the same line of
argument, he says: "It will perhaps be thought impertinent to dispute
a gaoler's demands for admitting us into his loathsome den, when even
the common hangman, no doubt encouraged by such examples, will scarce
give a malefactor a cast of his office without a bribe, demands very
formally his fees, forsooth, of the person to be executed, and higgles
with him as nicely as if he were going to do him some mighty kindness."
Eventually an act was passed specifically forbidding the sale of such
places. This statute affirms that "none shall buy, sell, let, or take
to farm, the office of undersheriff, gaoler, bailiff, under pain of
£500, half to the king and half to him that shall sue."
Public-domain text, read in full here on John Shaqi.
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