The Chronicles of Newgate, vol. 1/2Griffiths, Arthur
History
The Chronicles of Newgate, vol. 1/2
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
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’[176] 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; additional irons
on his person are cheaper than additional elevation to the walls. Thus
we cover our own negligence by increased severity to our captives.”[177]
The irons were so heavy that “walking, even lying down to sleep, was
difficult and painful.” In some county gaols women did not escape this
severity, Howard tells us, but London was more humane. But in the London
prisons the custom of ironing even the untried males was long and firmly
established. An interesting letter is extant from John Wilkes, dated
1771, the year of his shrievalty to the keeper of Newgate, Mr. Akerman.
This letter expresses satisfaction with his general conduct, and admits
his humanity to the unhappy persons under his care. But Wilkes takes
strong exceptions to the practise of keeping the prisoners in irons at
the time of arraignment and trial, which he conceives to he alike
repugnant to the laws of England and humanity.
“Every person at so critical a moment ought to be without any bodily
pain or restraint, that the mind may be perfectly free to deliberate on
its most interesting and awful concerns, in so alarming a situation. It
is cruelty to aggravate the feelings of the unhappy in such a state of
distraction, and injustice to deprive them of any means for the defence
of supposed innocence by calling off the attention by bodily torture at
the great moment when the full exertion of every faculty is most
wanting. No man in England ought to be obliged to plead while in chains;
we therefore are determined to abolish the present illegal and inhuman
practice, and we direct you to take off the irons before any prisoner is
sent to the bar, either for arraignment or trial.”[178]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account