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
The prison records of the sixteenth century are very meagre. No
elaborate system of incarceration as we understand it existed. The
only idea of punishment was the infliction of physical pain. The
penalties inflicted were purely personal, and so to speak final; such
as chastisement, degradation, or death. England had no galleys, no
scheme of enforced labour at the oar, such as was known to the nations
of the Mediterranean seaboard, no method of compelling perpetual toil
in quarry or mine. The germ of transportation no doubt was to be found
in the practice which suffered offenders who had taken sanctuary to
escape punishment by voluntary exile,[41:1] but it was long before the
plan of deporting criminals beyond seas became the rule. "In Henry
VIII's time," says Froude, "there was but one step to the gallows
from the lash and the branding-iron." Criminals did not always get
their deserts, however. Although historians have gravely asserted that
seventy-two thousand executions took place in this single reign, the
statement will not bear examination, and has been utterly demolished by
Froude. As a matter of fact offenders far too often escaped scot-free
through the multiplication of sanctuaries—which refuges, like that of
St. Martin's-le-Grand, existed under the very walls of Newgate—the
negligence of pursuers, and not seldom the stout opposition of the
inculpated. Benefit of clergy claimed and conceded on the most shadowy
grounds was another easy and frequent means of evading the law. Some
judges certainly had held that the tonsure was an indispensable proof;
but all were not so strict, and "putting on the book," in other words,
the simple act of reading aloud, was deemed sufficient. So flagrant
was the evasion of the law, that gaolers for a certain fee would assist
accused persons to obtain a smattering of letters, whereby they might
plead their "clergy" in court. It may be added that although the abuse
of the privilege was presently greatly checked, it was not until the
reign of William and Mary that benefit of clergy was absolutely denied
to burglars, pickpockets, and other criminal offenders.
Public-domain text, read in full here on John Shaqi.
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