The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
Out of a curious medley of Tudor legislation has grown up the English
idea of Vagrancy. It is a survival of a long series of penal enactments
dating from the 14th century, which were directed against the desertion
of labourers from their respective districts when serfdom was breaking
down. Parliament interposed to prevent the rise of wages, resulting in
the free exchange of labour, and, at the same time, to check the acts
of disorder which followed in the train of Vagrancy and Mendicancy.
Further penalties against Vagrancy followed from the Elizabethan law
of Settlement. The wandering or vagrant man became, from the operation
of these causes, a suspected or criminal person, and, in the course of
time, vagrancy and crime became almost synonymous terms. It was not
till the beginning of the last century that steps were taken to repeal
and consolidate the numerous enactments--some fifty in number--relating
to the law of Vagrancy, which four centuries had accumulated. The
present law dates back as far as 1824, and bears the impress of the
old Tudor legislation. It is repressive in character, and its object
is to punish the offences such as wanderers are likely to commit. The
offences dealt with by the Act are numerous, and can be divided roughly
into three classes:--
(1) offences committed by persons of a disreputable mode of life, such
as begging, trading as a pedlar without a licence, telling fortunes,
or sleeping in outhouses, unoccupied buildings, &c., without visible
means of subsistence:
(2) offences against the Poor Law, such as leaving a wife and family
chargeable to the poor rate, returning to and becoming chargeable to
a parish after being removed therefrom by an order of the justices,
refusing or neglecting to perform the task of work in a workhouse, or
damaging clothes or other property belonging to the guardians; and
(3) offences committed by professional criminals, such as being found
in possession of housebreaking implements or a gun or other offensive
weapon with a felonious intent, or being found on any enclosed
premises for an unlawful purpose, or frequenting public places for the
purpose of felony.
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