The great debtors’ prisons of England notorious for their callous neglect and inhuman treatment—Denounced by John Howard, the philanthropist—The Fleet, the King’s Bench and the Marshalsea—Origin of the Fleet—Early government—Closely connected with religious and political persecution—Bishop Hooper—Account of the Fleet at the beginning of the seventeenth century—Charges of cruelty brought against Warden Alexander Harris—Charitable bequests—Fees extorted—Prices charged for chamber-rent—Deplorable state of the prison. THE three principal prisons in London in the fourteenth century were the Fleet, the King’s Bench and the Marshalsea, but Newgate took precedence in interest because identified with its earliest history. All have their peculiar histories full of interesting associations, replete with memories of famous inmates and striking incidents, and all are worthy of detailed description. All alike received prisoners for debt and on occasion, more heinous The Fleet prison took its name from the little stream long stigmatised as the “Fleet Many entries in the records show that in those early days the Fleet was a place of detention for offenders of all sorts as well as of ordinary debtors, and especially of defaulters owing money to the King’s Exchequer. The Chamberlain of Chester in the reign of Edward I was imprisoned in the Fleet for a year on account of a debt to the King. A similar case was that of the sheriffs of Nottingham and Derby, who were detained in 1347 for sums owing to the Exchequer in the reign of Edward III; another, that of William de Hedersete, In these troublous times various offenders found themselves in the Fleet. It was a place of penitence for young gentlemen who misbehaved, such as the son and heir of Sir Mathew Browne of Surrey who, with his servants, was guilty of arson in a wood; a printer who sold seditious books was committed to it in 1541; the riotous servants of a gentleman of the Privy Chamber were laid by the heels in the Fleet. Smugglers and all who infringed the Customs’ laws were committed to the prison as debtors to the King. A ship master of Southampton who “Go carry Sir John Falstaff to the Fleet, Take all his company with him.” Poets, dramatists and pamphleteers were from time to time cast into the Fleet, and it was christened by Pope the “Haunt of the Muses.” Among the first was Lord Surrey and among the latter Nash, author of the satirical play “The Isle of Dogs.” Wycherley, the wit and dramatist, who married the Countess of Drogheda, languished for seven years as a debtor in the Fleet, and Sir Richard Baker, author of the famous “Chronicles,” wrote them as a means of subsistence when an impecunious debtor there, where he died. Francis Sandford, author of the “Genealogical History,” also died in the prison in 1693. James Howell, who wrote the delightful “Familiar Letters” during the troublous times of the Civil War, was a tenant of the Fleet prison in the years 1643 to 1647. In one of his letters dated The Fleet was arbitrarily used by Sir Richard Empson in the reign of Henry VII, when that overbearing law officer was indicted for committing to it, without process, persons accused of murder and high crimes. Cardinal Wolsey was charged with a like invasion of the liberty of the subject, “by his power and might contrary to right,” in the case of a Sir John Stanley who had taken possession of a farm illegally. This man would not yield but preferred to turn monk in Westminster monastery, where he died. Other prisoners were committed to the Fleet for political misdemeanours and severely dealt with by the ruling powers. It was an offence to marry the sister of Lady Jane Grey and for this imprisonment was adjudged to Edward Seymour, Earl of Hertford. Dr. Donne, who married Sir George More’s daughter without his knowledge, was laid by the heels; the penalty of durance overtook Sir Robert Killigrew for entering into conversation with Sir Thomas Overbury, when returning from a visit to Sir Walter Raleigh, then a prisoner in the Tower. Many painful memories hang about the old Fleet prison in connection with the religious and political persecutions of the fifteenth and sixteenth centuries. It was crowded with the martyrs to intolerance in the reign of the bigoted Queen Mary and the victims Elizabeth sacrificed in the way of reprisals when she came to the throne. The Protestant party had been in the ascendant under Edward VI and the old religion had been sharply attacked, so that many eminent Catholic bishops burned at the stake,—Cranmer, Latimer, Ridley, and the pious Hooper, whose chief offence was that being a priest, he had married a wife. He was now Bishop of Worcester but he had been in the Fleet before, imprisoned by his own friends for refusing to wear vestments on the occasion of his consecration. He was soon set free but came again to the Fleet on his way to the stake. His own account of this second confinement is to be found in Fox’s Book of Martyrs. “On the first of September, 1553, I was committed unto the Fleet from Richmond, to have the liberty of the prison, and within five days after I had paid for my liberty five pounds sterling to the warden for fees, who immediately upon the payment thereof complained “After one quarter of a year and somewhat more, Babington, the warden, and his wife fell out with me for the wicked mass; and thereupon the warden resorted to the bishop and obtained to put me in the ward, where I have continued a long time, having nothing appointed to me for my bed but a little pad of straw and a rotten covering with a tick and a few feathers to lie on, the chamber being vile and stinking, until by God’s means good people sent me bedding. On one side of the prison is the stink and filth of the house and on the other side the town ditch (the Fleet ditch) so that the evil smells have affected me with sundry diseases. During which time I have been sick and the doors, bars, hasps and chains being all closed and made fast upon me, I have mourned, called and cried for help, but the warden when he hath known me many times ready to die, and when the poor men of the ward have called to help me, hath commanded the doors Yet the sums extorted from the poor bishop were as high as for a peer of the realm. A lord, spiritual or temporal, paid the sum of five pounds as “fyne” for liberty of the house and irons on first coming in. It was a graduated scale, each item according to rank ranging from ten pounds for an archbishop, duke or duchess, to twenty-five shillings for an esquire. The rates were proportionate and laid upon everything: fees for dismission, for entering the obligation and to everyone concerned in the administration, porter, “jayler,” chamberlain, charge for commons or board and for “coyne.” When these fees were not promptly paid the wretched prisoner was “left to lye in the common prison without ‘bedd’ or ‘dyete,’ subject to the discomfort of low companions and the dangers of distemper.” Bishop Hooper sums up his griefs thus: “I have suffered imprisonment almost eighteen months. My goods, living, friends and comfort taken from me; the Queen [Mary] owing me by first account eighty pounds or more, she hath put me in prison and giveth nothing to find me; neither is there any suffered to come at me whereby I might have relief. I am with a wicked man and woman [the warden and his wife] so that I see no remedy (save God’s help) but I shall be cast away in prison before I come to judgment. But I commit my just cause to We have an authentic account of the interior of the prison early in the seventeenth century, in the volume published by the Camden Society, entitled the “Æconomy of the Fleete” by Alexander Harris, at one time warden there. Charges were brought against him by a number of his prisoners, of oppression and ill-usage and he is at great pains to make his defence. The prison, as he describes it, was no doubt identically the same as that of earlier date. It consisted of “six great rooms and a courtyard with Tower chambers and Bolton’s ward,” the strongest part of the prison. There was a further sub-division. One ward of the Tower chambers was appropriated to females exclusively; another was called the “Twopenny” ward from the price charged; a third the “Beggars’” ward in which nothing was demanded and nothing given. At a lower level was the Dungeon, a receptacle for The inmates one and all were entirely at the mercy of the warden, who inherited his office, or purchased it, and looked to recoup himself by the fees he extorted from his prisoners. The place was a sort of sorry hotel kept by a brutal and rapacious landlord, as a life tenant, with a keen eye to profit, and who gave his lodgers nothing, exacting payment often exorbitant for even light and air and the barest necessaries. The English law was so neglectful and inhuman that it made no regular provision for the imprisoned debtor. A fiction existed that the creditor was bound to contribute four pence daily to provide him with food, but, as has been said, as late as 1843 this payment of the “groat” was not punctually made, if at all, and could only be enforced by slow process of law at a cost prohibitory to the penniless prisoner, and he was thrown on his own resources, to starve if without friends or private means, or in the extreme case to drag out a miserable existence from the doles of the charitable. Great numbers of hapless folk in the passing ages were detained for five and twenty, thirty and even forty years, on account of debts of a few pounds, grown out of a first pitifully small sum and largely increased by arbitrary charges for fees and maintenance, which but for unjust arrest and detention would never have existed. Thousands died of hope deferred or slow starvation and “I have found,” he writes in 1777, The sufferings entailed upon poor debtors and their families appealed forcibly to good people and produced much spontaneous assistance. Societies were formed having considerable sums at their disposal to be expended in the relief of poor debtors by the payment of and legal extinction of small debts. Other sums were subscribed, granted or bequeathed No debtor was allowed to benefit by the funds thus obtained until they had been formally sworn at the “grate,” to the effect that they were not worth five pounds in the world. After this they were entitled to a share in the contents of the collection box and to participate in the donations and bequests of the charitable souls who compassionated their poverty-stricken, hardly-used brethren. A detailed list of the benefactors and their gifts will be found in Howard’s “State of Prisons” (1784), and some are curious enough and may be quoted, such as the bequest known as “Eleanor Gwynne’s bread,” which gave the debtors in Ludgate every eighth week five shillings’ worth of penny loaves, and the gift of Mrs. Elizabeth Mission, the yearly income of two hundred pounds, three per cent. annuities for free bread and coals. A mysterious gift was sent for years to the Wood Street Compter, “nine stone of beef and fourteen quartern loaves,” but its origin was kept secret until at the death of Princess Caroline its royal origin was displayed, and the alms was continued by the order of George III during his life. Mr. Allnutt, who was for many years a prisoner in the Marshalsea for debt, came in for a good estate while incarcerated and at his death he left one hundred pounds a year to be applied to the release of poor debtors. In the Southwark County Gaol, once known as the White Lion Prison, there were sixteen legacies and donations, all applied to the relief of debtors, and “Nell” Gwynne also bequeathed a sum to be expended in loaves for Common Side debtors. Returning to the misgovernment of Warden Harris, and the malfeasances laid to his charge, one of the most serious against him was that he allowed two prisoners, well-known to be bitter enemies and constantly quarrelling, to consort together in the same cell or room, that called the Tower chamber, where one fell suddenly upon the other and stabbed him so that he presently died. The story told is much confused. It was not clear who was the aggressor and whether or not the fatal blow was struck in self-defence. The two prisoners in question were a Sir John Whitebrook, against whom the warden had a grievance (no less than that Whitebrook had murderously assaulted him), and the other was one Boughton, of whose hostile feelings toward Whitebrook the warden astutely availed himself. It was stated that Whitebrook was held a close prisoner by the order of two courts, but that he became violently disturbed, and breaking out went to the warden’s study, where he found Harris in his gown writing. A talk ensued as to the quality of the lodging provided and the charge for the chamber-rent, and as the warden was using the pomice-box to dry his writing, Sir John Whitebrook struck him on the head with the sharp end This affray was part of a settled plan of mutinous disturbance in which some three score prisoners had combined to break up the strongest wards and the massive doors of the Tower chamber. At that time Whitebrook and Boughton agreed amicably and the malcontents set themselves to “bar out” the warden from the prison and refused all persuasions of the officials to “unlock” the chambers even at the request of the Lord Chancellor, the Lord Chief Justice and the Sergeant at Arms, but they yielded to the Clerk of the Council when sent from the Lords. Whitebrook was still insubordinate and refused the chamber offered him but seized upon five others which they “again fortified,” so that the warden “had no command in that part of the prison.” The authority of the officials was at last vindicated and the turbulent prisoners were removed Another serious allegation was that a prisoner, who was in possession of a large sum in cash, was robbed of it with the connivance of the warden. A man named Coppin was supposed to have fifty-one pounds concealed in his bed and orders were issued to remove him to another room and keep him close while the turnkeys rifled his bed and carried off his treasure. The answer given was that Coppin was known for six years past to be quite impecunious and unable “to pay the warden one penny for meate, drink, lodgings or attendance.” It was proved by the evidence of other prisoners that when Coppin was transferred from the Tower Chamber into Bolton’s ward, he took his bedding with him and that he never complained of having lost “one penny or any other thing.” There were many more charges against the warden, Alexander Harris, which he answered speciously and sometimes denied categorically. He was accused of breaking into prisoners’ rooms, forcing the locks of their trunks, seizing their goods and cash and applying them to his own use; but he replied that Peck, the particular complainant, although worth money, never paid a sou and when set free left the Fleet deeply in the warden’s debt, having occupied a good room for eight years, for For these foul abuses Peck was moved to Newgate by order of the Lord Chief Justice, where he lay for a long time not daring to open his trunks, for they were full of stolen goods; but the warden called in neighbours and with the help of some prisoners forced them and inventoried the contents. The warden of the Fleet found more than enough to satisfy his debt for eight years’ lodging and fees. Peck’s remaining property consisted of only three blankets, two pillows, “an ould covering of darnex” and two bolsters. Harris was also accused of impounding the moneys paid as fees to the servant who went as escort with prisoners allowed to go at large for the day. This curious custom obtained in the Fleet, from the earliest to the latest times, of permitting a prisoner on payment of a fee to go at large in Residence beyond the prison within the “Rules,” was another form of privilege. “The liberty of the rules and the ‘day rules’ of the Fleet may be traced,” says Mr. Timbs, “to the time of Richard The withholding discharge from those entitled by law to go at large until all fees and duties were satisfied, an act amounting to false imprisonment, was The use of irons was justified by “ancient continuance” and custom throughout the Kingdom which many “now in the Fleet do by suffering in other prisons know to be true.” The fact that a fine was paid to be freed from them “proveth the use,” said the warden, “and there be some knights now prisoners that did wear irons for thirty years past for misdemeanours after they had been fined to be freed from them in the Fleet.” In support of this use of irons the opinion of the Master of the Rolls, given twenty-three years previously, is The warden indignantly denied the charge of starving “close prisoners” (those kept close), declaring it to be “fabulous and false and to have no colour;” for food was supplied although no payment was made, and in one case, when a prisoner “faigned himself sick” from starvation, the doctor saw in the window the most part of a roasted pullet, left from the meal before. This complaint of being starved drove a certain prisoner to break out, behaving himself rather as a “Bedlam frantic than a gentleman” and with others seeking “for revenge” to the utter dislike and grief of all in the prison, “with steel chisel, mallets and hammers cut all the stone work of the door of the Tower Chamber into which the bolts and locks did shut, so that no door could be shut upon eighteen prisoners of great weight.” The exactions of the warden for chamber-rent were the cause of bitter complaint; the order was that no man should pay more than one shilling and threepence weekly for a room with bed and bedding, yet the price demanded was eight shillings, ten, even twenty, per week without bedding. The warden It was pleaded that where in old time no rent was charged on the Common Side, the warden Harris demanded it as if for a private chamber, and even for the dungeon as well. The answer was that the Common Side was the king’s ancient prison where for “many hundred years men were imprisoned there only” and they were not exempt from payment. In the part called the Tower Chamber there were eight bedsteads by which the warden had made seventy-one pounds by the year. In one ward, called the “Twopenny,” the inmates paid twopence a night; only in the “Beggars’” ward did prisoners pay nothing and receive nothing. In this last The state of affairs was horrible within the gaol. No order was kept. Prisoners quarrelled and fought continually, many ranged the wards and corridors howling like lunatics all through the night and blowing horns, so that sleep was impossible to the sick and sorrowful. The lowest women entered freely, thieves took refuge there and thus avoided arrest; stolen goods were hidden in secure corners and never discovered. The prisoners went about armed and used swords and daggers freely in brawls and fights amongst themselves or in attacking the officers and servants of the gaol. |