Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
Thus through the ambitions of private members and the general
callousness of the ruling class, the number of capital offences kept
ever growing, until, in theory, there were more than two hundred of
them.[162] The law, however, had overreached; rough and often most
brutal as the people of that day were, they would not enforce the
penalties provided,[163] so that the hangman’s ministrations were
invoked for only twenty-five classes of offences in London,[164] and for
not more than thirty throughout England.[165] In fact, it was found that
conscientious people refused to prosecute for the lesser crimes,
dreading to have a share in taking life. But actually the gallows load
was heavy; an instance appeared in a _Times_[166] paragraph—18th January
1801—which tells how a certain Andrew Branning, a luckless urchin aged
only thirteen, had broken into a house and carried off a spoon. Others
were with him, but they ran away, and only he was captured and brought
to trial. His story ended in two words, which were short and customary:
Guilty—Death. Thus transportation and the extreme penalty kept clearing
the prisons, but those within them were the while exploited, being
entirely the prey and property of warders, keepers, and assistant
gaolers, all of whom made the most of their positions—which might be
given out like pensions or be purchased[167]—to wring out fees[168] and
make their places pay;[169] and having what amounted to unlimited power,
and being, by the nature of their office, used and inured to witnessing
suffering, the gaolers,[170] from the beginning and right into the
eighteenth century, shrank from no means, however mediæval, by which
they could extract their fees and charges.[171] Thumbscrews and iron
skull-caps were sometimes used,[172] and were produced in court as
evidence.[173]
Prisoners might be loaded with heavy irons unless they would pay to be
allowed lighter ones.[174] They were liable to be flogged with ropes or
whips or anything that came handy,[175] the common instrument of
flagellation, however, being the formidable _membrum tauri_.[176] They
might be kept in damp dungeons and darkness; the living were sometimes
locked up with the dead. They could be set apart and purposely exposed
to utter starvation,[177] gaol fever, and small-pox, or actually done to
death by their keepers’ violence.[178]
The prisoners were robbed for room, squeezed for food,[179] and dealt
with for drink of all kinds, spirits, and tobacco, in which the
officials did a roaring trade.[180] Lastly, the new arrivals at a prison
were fleeced and pillaged by their fellow gaol-birds for “chummage” or
“garnish” money,[181] and failing this, they were frequently stripped of
their very clothing, a process termed “letting the black dog walk.”[182]
Public-domain text, read in full here on John Shaqi.
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