Chronicles of Newgate, Vol. 2: From the eighteenth century to its demolitionGriffiths, Arthur
History
Chronicles of Newgate, Vol. 2: From the eighteenth century to its demolition
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
Prison buildings were mostly inconvenient, ill-planned, and but little
adapted for the purposes of incarceration. Many of them were ancient
strongholds—the gate of some fortified city, the keep or castle or
embattled residence of a great personage. Some lords, spiritual and
temporal, with peculiar powers in their own districts, once had their
prisons, so to speak, under their own roof. Their prisons lingered long
after the power lapsed, and in Howard's time many of the worst prisons
were the private property of individuals, who protected the keepers,
their lessees, and pocketed the gains wrung from the wretched lodgers.
The Duke of Portland was the proprietor of Chesterfield gaol, which
consisted of one room with a cellar under it. For this accommodation,
and the privilege it conferred upon him of demanding gaol fees, the
keeper paid the Duke an annual rent of eighteen guineas. "The cellar,"
Howard says, "had not been cleaned for months, nor the prison door
opened for several weeks." Another disgraceful prison was that owned
by the Bishop of Ely. One bishop had been compelled to rebuild it in
part fourteen years before Howard's visit, but it was still bad. It had
been so insecure that the keeper resorted to a most cruel contrivance
in order to ensure safe custody. Prisoners were chained down upon their
backs upon a floor, across which were several iron bars, with an iron
collar with spikes about their necks, and a heavy iron bar over their
legs. This barbarous treatment formed the subject of a special petition
to the king, supported by a drawing, "with which His Majesty was much
affected, and gave immediate orders for a proper inquiry and redress."
Loading prisoners with irons was very generally practised, although its
legality was questioned even then. Lord Coke gave his opinion against
the oppression. Bracton affirmed that a sentence condemning a man to
be confined in irons was illegal, and in "Blackstone Commentaries" is
this passage: "The law will not justify jailers in fettering a prisoner
unless when he is unruly, or has attempted an escape." In 1728 the
judges reprimanded the warders of the Fleet prison, and declared that
a jailer could not answer the ironing of a man before he was found
guilty of a crime. When a keeper pleaded necessity for safe custody to
Lord Chief Justice King, the judge bade him "build higher his prison
walls." As Buxton observes, the neglect of this legal precaution was no
excuse for the infliction of an illegal punishment. Prisoners should
not suffer because authorities neglect their duty. "Very rarely is a
man ironed for his own misdeeds, but frequently for those of others;
traditional irons on his person are cheaper than additional elevation
to the walls. Thus we cover our own negligence by increased severity to
our captives."
Public-domain text, read in full here on John Shaqi.
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