Relations between debtor and creditor in England continue a disgrace—Abuses in procedure—Writs issued in error—Excessive costs the cause of prolonged detention—Processes irksome, very sweeping in their action and entailing disastrous consequences on many prisoners—Debtors’ prisons and their purlieus centres of vicious life—Drunkenness, gaming, self-indulgence prevailed—The “Rules” enclosed an area swarming with idle, reckless, dissipated persons—A prisoner regularly drove the night coach from London to Birmingham—Many notable residents—Theodore Hook—Benjamin Robert Haydon, the painter—A scene in the King’s Bench, “The Mock Election”—The Marshalsea—Death-place of Bishop Bonner—Prison described by John Howard and by Charles Dickens—Disappearance of the Marshalsea and the Fleet—Replaced by the Whitecross Street Prison, the last place of the kind. THE relations between debtor and creditor in England continued to be a disgrace to any so-called free and enlightened country far into the nineteenth century. The procedure was full of abuses and the system in force subjected the debtor to great and manifest hardships without benefiting the creditor or securing him the repayment of his debt. It was customary to serve the debtor with a writ, which was returnable only in term time, and if issued between As a natural result, the debtors’ prisons, especially the King’s Bench, were constantly crowded with persons of all classes and callings,—“Nobles and ignobles, parsons, lawyers, farmers, tradesmen, shopmen, colonels, captains, gamblers, horse-dealers, publicans and so forth.” The wives of many of these shared the fortunes and misfortunes of their husbands. It has been calculated that at times the population of the prison averaged eight hundred or a thousand individuals. This total was presently much reduced by the institution of a court for the relief of insolvent debtors, and the number was further kept down by a charitable society which used considerable sums collected for the extinction of small debts. Nevertheless numbers still languished within the walls in a state bordering upon utter destitution. Colonel Hanger testifies that out of 355 prisoners, he could with truth assert there were seldom fifty who had any regular means of subsistence. “I do not mean to say,” he continues, “that prisoners have been absolutely starved to death; but this I positively assert,—that numbers of the lower order, and many officers confined, some even for small debts under fifty pounds, who have served their country with gallantry and fidelity and have bled in her defence, have often gone a whole week with not above three The perfectly regular payment of the “groats” (the allowance was really sixpence per diem) would not have gone far. “Will any man venture to assert,” asks Colonel Hanger, “that a man can live on such a stipend, for a sufficient quantity of bread and small beer to satisfy appetite and thirst cannot be purchased for that money.” The price of provisions in 1798 barely allowed the purchase of one pound of bread and one pint of porter per day for sixpence. “The felon in Newgate and the prisoner in the Penitentiary house, Cold Bath fields, for The evils above described do not exhaust the sufferings that were inflicted upon debtors. It often happened that a writ was served and an arrest made at a distance from London. The man taken was carried to the county gaol and when the time came for surrender, after being bailed, he must perforce do so in London at the King’s Bench prison. And he must make the journey as best he could according to his means. Hanger quotes a case of an aged man, between seventy and eighty years, who trudged all the way from Cumberland and arrived at the prison barefooted and almost exhausted. He was, however, unprovided with the proper forms for surrender and was refused admittance until he had paid his fees in Chancery Lane, when at last he was received. Colonel Hanger, when in the King’s Bench, was removed to the Fleet on habeas corpus to meet a writ returnable there and was mulcted in further costs before he was allowed to go back to the King’s Bench. Much more might be said in condemnation of the The moral side of the question remains. Debtors’ prisons and their purlieus were seething centres of vicious life. Idlers and dissolute persons congregated therein; drunkenness, gaming, dissipation of all kinds constantly prevailed. Dealers in contraband commodities traded without let or hindrance. Game was exposed for sale within the walls by unlicensed dealers without interference. These traders were prisoners, of course, who were lodged under fictitious arrests of their own contriving to facilitate their operations. “Tap-shops” and “whistling shops” for the illegal consumption of spirits were plentiful within the prison and were supplied under the very noses of the authorities by clandestine means. On one occasion, The King’s Bench, with its dependent “Rules,” was like a modern Alsatia, swarming with idle, self-indulgent men living a dissipated life, spending recklessly the means that should have gone to the liquidation of their debts and which belonged really to their creditors. At one time they freely entered all taverns and theatres, but were presently restricted to one “Lowthorpes,” in front of the Asylum for the Blind near the Obelisk in St. George’s in the Fields. This limitation was due to Lord Chancellor Thurlow, who was annoyed by the trespass on his grounds of a number of “Rulers” on their way to the Derby. No restriction was placed To give a full and complete list of the many and varied characters that passed through the King’s Bench would fill a great space, but some of those mentioned in contemporary records may be briefly referred to here. They belonged to all classes of society and often exhibited eccentric traits. One prisoner residing in the “Rules” belonged to the family of the Hydes, Earls of Clarendon, and he was never parted from the coffin which was ultimately to receive him. It was a fine coffin of solid oak, grown upon his own estate in Kent and hollowed out with a chisel. Its owner was in the habit of getting into the coffin at night and sleeping there “with great composure and serenity.” Its weight was five hundred pounds and on one occasion when it was filled with punch it held upwards of forty-one gallons. John Palmer, the actor, when a prisoner within the Rules in 1789 was committed to the Surrey gaol for accepting an engagement at the Royal Circus theatre, as acting manager at a salary of twenty pounds a week. This led, it is said (but the statement is at variance with that already Literature and the arts were constantly represented in the King’s Bench. It was the home of William Combe, the author of “Dr. Syntax,” a poem “written to cuts” as the saying is, or planned for a series of Rowlandson’s drawings, which were forwarded to Combe when residing in the Rules. As Horace Smith tells us, “he was a ready writer of all work for the booksellers.” Another notable resident was Theodore Hook, who never cleared himself from his liability to the Crown for the moneys that went astray when he was acting as treasurer in the colony of Mauritius. There was a deficit in his accounts of a sum of twelve thousand pounds for which he was held responsible, although there was never any charge of dishonesty and the law officers said no grounds existed for criminal proceedings. He was, however, arrested after his arrival in England and passed from a sponging house into the Rules of the King’s Bench, from which he was soon set at liberty, but with his liability hanging like a millstone round his neck till the day of his death. Theodore Hook, the most famous of humourists, was the inventor of a witticism, now a time honoured “chestnut.” On his passage home from Mauritius, he met at Saint Helena the newly appointed governor of the Cape, Lord Charles Somerset, who knew nothing of the arrest. Lord Charles said, “I hope you are not Miss Gordon’s story deserves a word or two as illustrating the hardships entailed upon the impecunious in those days. She inherited a decent property from her father which was, however, impounded as security for a loan of one hundred pounds advanced by a friend; she proposed to pay off the loan, but the title deeds could not be found and the debt ran on until the lender died, when the one hundred pounds was claimed from Miss Gordon with the back interest, the whole amounting now to nearly a thousand pounds. She was arrested and committed to prison where she remained for nearly twenty years, harassed by the law’s delays, always on the verge of starvation, but eking out The name of Benjamin Robert Haydon, a British painter, deservedly entitled to be called a great painter, but greater still on account of his misfortunes, is intimately associated with the King’s Bench prison. His pictures, mainly historical and Biblical, generally of vast size, fine in conception and admirably executed, never quite appealed to the public taste and in the end were but little appreciated. Haydon’s personality gained him many enemies; he was conceited, self-opinionated, with an exaggerated idea of his own merits, and he very unwisely entered into conflict with the Royal Academy, the feud lasting to the end of his life. Yet he long found a few admiring patrons and the support and countenance of numbers of warm friends. He was on the most intimate terms with the leaders of light and learning of his day. Sir Walter Scott warmly appreciated him; Wordsworth addressed many sonnets to his genius; Keats and he were like brothers. He spent much of his spare time with Charles Lamb, and lived on equal terms with the most eminent members of his own profession, Sir David Wilkie, Northcote, Landseer, Canova and Chantrey. Some of the greatest personages in the land took him by the hand, gave him orders for pictures and welcomed him gladly to their houses. Sir Robert Peel was long his good friend With all his undoubted talents, his unflagging industry and ceaseless powers for work, Haydon was cursed with one irremediable defect, an utter incapacity for managing his own affairs. He was no spendthrift or wastrel. He could have lived well within the income he earned, not a bad one in those days, if he had not steadfastly forestalled it and so reduced it sometimes by a half or a third. Very early in his career he got behind-hand in his payments; no doubt in the first instance by the unpunctuality of those who owed him money. He was continually driven to pay his way by borrowing at extravagant rates, by giving bills for sums far in excess of value received and by mortgaging his pictures before they were finished. His hand to mouth devices might give him immediate relief but it was by incurring future liabilities of a much more onerous kind. His embarrassments were intensified by the existing laws and the powers given to his creditors over his freedom and independence. He was essentially a good man struggling with adversity, whom Tennyson tells us, “is a sight for the gods,” and one’s heart bleeds for him under his constant sufferings as pathetically depicted in his diaries. He was already famous and had painted some of his earliest and best pictures. The “Entry of Christ into Jerusalem” was finished, his “Lazarus “In the centre is the High Sheriff with burlesque elegance of manner begging one of the candidates not to break the peace or be irritated at the success of his rival.... This intended member is dressed in green with an oil silk cap and a red bow, the colours of his party. The gentleman who actually filled this character is, I have heard, a man of considerable fortune in Ireland.... Opposite and attired in the quilt of his bed and in a yellow turban is the other member who actually sat in the House two years and who by experience in the finesse of elections was the moving spring in all the proceedings in this picture. There is the Lord Mayor with solemn gravity, holding a white wand with a blue and yellow bow and a sash of the same colours. He was a third candidate. Immediately below in a white jacket is the head poll clerk swearing in three burgesses before they are allowed to vote.... The first, a dandy of the very first fashion, just imprisoned, with a fifty-guinea pipe in his right hand, a diamond ring on his finger, dressed in a yellow silk dressing gown, velvet cap and red morocco slippers; on his left stands an exquisite, who has been imprisoned three years, smoking a three-penny cigar, with a hole at his elbow and his toes on the ground; and the third is one of those characters of middle age and careless dissipation visible in all scenes of this description, “A third group is composed of a good family in affliction, the wife devoted, clinging to her husband; the eldest boy with the gaiety of a child is cheering the others; behind is the old nurse sobbing over the baby five weeks old; while the husband, virtuous and in trouble, is contemplating the merry electors with pity and pain. The father and mother are in mourning for the loss of their second boy.... The father’s hand holds a paper, and on it is written ‘debt £26.10., costs £157.10. Treachery, Squeeze & Co., Thieves Inn.’” Upon the whole description Haydon comments, “What Another description given in Haydon’s diary reveals a more painful side of prison life. It is an account of a Sunday in the King’s Bench. “The day passed in all the buzz, blasphemy, hum, noise and confusion of a prison. Thoughtless creatures! My room was close to theirs. Such language! Such jokes! Good Heavens! I had read prayers to myself in the morning, and prayed with the utmost sincerity for my dearest Mary and children, and to hear those poor fellows, utterly indifferent as it were, was really distressing to one’s feelings. One of them had mixed up an enormous tumbler of mulled wine crusted with nutmeg and as it passed round some one halloed out, ‘Sacrament Sunday, gentlemen!’ Some roared with laughter, some affected to laugh and he who was drinking pretended to sneer; but he was awfully annoyed. And then there was a dead silence, as if the blasphemy had recalled them to their senses. After an occasional joke or so, one, with real feeling, began to hum the 100th Psalm, not in joke, but to expiate his previous conduct, for neither he nor any one laughed then, but seemed to think it too serious a subject.” This was in 1830 and in that same year he records in his diary: “This perpetual pauperism will in the end destroy my mind. I look round for help with a feeling of despair that is quite dreadful. Haydon fought on to the last, but the end was very near when he speaks in 1842 of “thirty-eight years of bitter suffering, incessant industry, undaunted perseverance, four imprisonments, three ruins and five petitions to Parliament, never letting the subject of State support for national art rest.” He chafed, not without reason, that at a public inquiry then in progress, neither Chairman nor Committee, witnesses nor pupils gave any sign that they were conscious that such a creature as Haydon existed. “After this,” says Taylor, “the clouds settled down upon him and grew darker and more dense every month of his few remaining years of life. It is painful to follow day by day his struggles with disappointment, despondency and embarrassment.” He was vexed and harassed more and more, misfortunes multiplied, no fresh venture prospered and his last, the exhibition of his own cartoons, was a dismal failure. No one came to see them, the receipts on Easter day were beggarly; he took little more than a pound, and next door thousands and thousands thronged to see The third great prison of old London, but which survived down to the middle of the last century, was the Marshalsea, which stood originally in the High Street, Southwark, and a house now numbered 119 was the site of the chapel. But it was removed by and by to other premises nearer the St. George’s church that stands at the corner of the High St. Borough. This prison derived its name from the Marshals of England to whom it appertained and whose jurisdiction extended over the King’s household. The royal servants were arraigned in the Marshal’s Court and committed when in fault to the Marshalsea prison. It also received debtors, arrested for even trifling sums, within a circuit of twelve miles from Westminster The Marshalsea did not escape reprehension for great abuses practised at the time when the brutal administration of the Fleet was called in question. We get a glimpse of it fifty years later in John Howard’s first report. He describes the prison as too small and greatly out of repair; “an old irregular building (rather several buildings) in a spacious yard. There are, in the whole, nearly sixty rooms; and yet only six of them now left for Common Side debtors. Of the other rooms, five are let to a man who is not a prisoner; in one of them he keeps a chandler’s shop; in two he lives with his family; the other two he lets to prisoners. Four rooms, the Oaks, are for women. They are This account tallies exactly with another later and more graphic from the hand of a great literary master, the same who has brought the Fleet prison so vividly before us. Charles Dickens knew the Marshalsea by heart for he had lived there with his father when the latter was detained there as a debtor. Dickens writes: “It was an oblong pile of barrack building, partitioned into squalid houses standing back to back, so that there were no back rooms; environed by a narrow paved yard, hemmed in by high walls duly spiked at top. Itself a close and confined prison for debtors, it contained within it a much closer and more confined jail for smugglers. Offenders against the revenue laws and defaulters to excise or customs, who had incurred fines which they were unable to pay, were supposed to be incarcerated behind an iron-plated door, closing up a second prison, consisting of a strong cell or two, and a blind alley some yard and a half wide, which formed the mysterious termination of the very limited skittle-ground in which the Marshalsea debtors bowled down their troubles.” Here is another picture, the scene at the gate in the early morning when the prison is first opened: “There was a string of people already straggling in, whom it was not difficult to identify as the nondescript messengers, go-betweens and errand-bearers of the place. Some of them had been lounging in the rain until the gate should open; others, who had timed their arrival with greater nicety, were coming up now and passing in with damp whitey-brown paper bags from the grocers, loaves of bread, lumps of butter, eggs, milk and the like. The shabbiness of these attendants upon shabbiness, the poverty of these insolvent waiters upon insolvency, was a sight to see. Such threadbare coats and trousers, such fusty gowns and shawls, such squashed hats and bonnets, such boots and shoes, such umbrellas and walking sticks, never were seen in Rag Fair. All of them wore the cast-off clothes of other men and women; were made up of patches and pieces of other people’s individuality and had no sartorial existence of their own proper. Their walk was the walk of a race apart. They had a peculiar way of doggedly slinking round the corner as if they were eternally going to the pawnbroker’s. When they coughed, they coughed like people accustomed to be forgotten on door-steps and in draughty passages, waiting for answers to letters in faded ink, which gave the recipients of those manuscripts great mental disturbance and no satisfaction. As they eyed the The Marshalsea escaped the Lord George Gordon rioters and it lived on, more and more eclipsed by its more ambitious neighbour and with uses more and more curtailed, especially when a new debtors’ prison, that of Whitecross Street, was planned in 1813. It was condemned and closed in 1842, when the prisoners remaining for any length of term were transferred to the King’s Bench. It was soon afterward pulled down and the last vestiges of it are preserved to us by Charles Dickens who visited it in 1856 in the course of demolition. He tells his friend John Forster of this visit:—“Went to the Borough yesterday morning before going to Gad’s Hill to see if I could find any ruins of the Marshalsea. Found a great part of the original building, now ‘Marshalsea Place.’ I found the rooms that had been in my mind’s eye in the story.... There is a room there still standing that I think of taking. It is the room through which the ever memorable |