Some boroughs possessed privileges which they set great value upon. Judge Jeffreys in his terrible charge at Bristol refers to the dignity of that great emporium, saying, “This city it seems claims the right of hanging and drawing." The right-hand quarter of a rebel was sent to the city or borough in highest honour. Should we not now hesitate to advance claims which would procure such distinction?

The dreadful scenes which followed the last business of a county assize did not prevent a festive beginning of the same. On the commission day at each county town was held an assize ball. The judges attended in black silk gowns with band and two-curl bob-wig. They did not dance, but usually played at whist.*

A County Gaol in the Reign of Charles the First. PRISON discipline has become one of the standard topics of the day. The great turn their thoughts to the lowest. members in the social scale, and proper necessaries are provided for those whose incarceration is the result of crime. Though immured, the guilty are not considered to have forfeited all claims to compassion or regard. All hope for the future is not lost on entering the prison house, for much is done to amend the criminals. Their punishment is proportioned to their crime. The only question lies between them and the offended law; nothing besides intervenes. The officials carry out, not as principals, but subordinates, the sentence. This makes imprisonment a very simple matter compared with what it long continued to be, till indeed that sainted visitor, the revered Howard, rapped at the prison doors, and mankind shuddered at his accounts of what passed within the walls.

In any mention of the county gaol of Dorsetshire in Charles the First's reign it should be clearly understood that a great change had taken place. Between the years 1630 and 1637 such abuses had crept in, that the

*Notes and Queries, No 319.

governor or keeper Thomas Devenish was dismissed, or, it may more properly be said, was discontinued, or not allowed to agree any longer with the under-sheriff to hold the former post.

Of the gaol at Dorchester, before the correction of the abuses referred to, we know nothing. We may fairly infer that it may be received as a type of such houses. Compared with what gaols are in the nineteenth century, every one of such places was a Pandemonium. Want of proper and necessary diet, neglect of a proper supply of water, bad ventilation and drainage, occasioned the dreadful gaol fever and a tainted atmosphere, in which the smallpox revelled. These destroyed throughout the realm, so late as 1773, more than all the public executions; and these were fed by 160 different offences.

The judges of assize caused to be issued under their own direction certain orders, which are here given as an example of embodied gaol reform of the reign of Charles I. The claims of society, the due regulation of the house and its inmates, were at that era deemed to have been amply provided for. Perhaps the reform was viewed as a final one; probably may have been judged to be too sweeping. It has proved, however, a small anticipation of that which a truly great character effected 140 years after throughout the land.

Orders for the better Government of the Gaol and Mainprize of Dorchester.

"1. By this rule the building formerly used as a House of Correction within the precincts of the gaol is directed to be set apart for the employment of poor prisoners, as well debtors as felons, that shall be willing and able to get their livings by labours; and that the gaoler shall at his own. charge provide such tools and materials as every able man desiring work and duly performing his labour shall and may have fourpence at the least for every day's work; and every woman and other person above the age of four

teen and under the age of eighteen years may and shall have threepence at the least for every day's work. And if they deserve more, to have so much more for their labour respectively, as they shall deserve," &c. &c.

Workhouses and houses of correction are mentioned with little distinction. Such were permitted to be erected at Blandford, Shaftesbury, Cranbourne, and other places in the county. The Marquis of Winchester, the Lord Lieutenant of Dorset, directed mayors, &c., to levy their proportion due toward the expense of a House of Correction for Dorset, A.D. 1583. The gaol inmates, the starving debtor, and equally starving felon associated in their Gehenna were set to work; so that the place became a great workshop for the benefit of the governor, who reaped the profits. The masters or governors had power to put fetters or gyves upon those set to work and labour, and to whip them moderately.*

It has been frequently affirmed that the pauper is too often cared for and provided for less than the prisoner. At this date a pauper past labour had 4d. a week assigned for a week's maintenance, which, upon complaint, was raised to 6d. per week. This is the sum directed to be paid for a day's labour of a prisoner; but the latter was perhaps understood to be an artisan or skilled labourer.

In the celebrated act 43 Elizabeth, 1601, the foundation of our present system of poor laws, a test was instituted, and by which it was ordered that such persons (i. e. able-bodied applicants) were to receive relief only on condition that they should work for it. The act of 1607 authorised the building "houses of correction," in which implements and machinery were provided for all such as were able to work.

These "houses of correction" were, as their name implies, so much of the nature of penal establishments that an act was passed in 1723 for the correction of workhouses. The gaol of Dorchester appears to have been applied to

*Hearn's Dorset Sessions.

the reception of, 1. felons, 2. debtors, and 3. paupers, a mixture of the prison and union, or poorhouse.

"2. Also, that every sheriff from henceforth shall and may freely choose whom he please to be his gaoler (which is desired to be a free choice, without taking any recompense for that office)." Then follows a provision for allowing the sheriff the free use of the whole gaol, and directing that the gaoler shall enter into a bond of 2007. to the treasurers of the county for the due performance of his office, &c.

Every sheriff had his right confirmed of appointing his gaoler, who might be styled the farmer of the gaol, or head of the working parties, the letter-out of the rooms, vender of eatables and drinkables, and extortioner general. Females often took or undertook the management of gaols. Some of the largest gaols were in Howard's time in the hands of females. The under-sheriff usually received 407. a year for his opportunities from a gaoler. Are we to wonder that the renter addressed himself in earnest to repay himself for his outlay, and remunerate himself for his services and labours? *

Beds were never thought of for prisoners. Often there was no straw. When the window-tax had become a great fact, gaolers who paid the taxes looked to their interests. Howard found the debtor's ward at Gloucester without any windows; a part of the plaster wall was broken through to let in light.†

In Ludgate Prison, enlarged by Dame Agnes Foster between 1454 and 1463, a copper plate had recorded:"So that for lodging and water prisoners here nought pay, As their keepers shall all answere at dreadful doomesday." The gaoler was really a very important personage. Imprisonment now wholly depends on the judges and magistrates. In 1630 another party had authority. Some prisoners against whom the grand jury found no bill,— some whose prosecutors did not appear against them,- after having

*Noted felons were shown at 2d. a head.

Hepworth Dixon's Life of Howard.

been confined for months, were dragged back to gaol, and locked up till they should pay sundry fees to the gaoler. These fees were the cause of imprisonment, apart from crime or debt.

"3. That the gaoler shall take allowance of a penny a day in bread for no more prisoners under his charge than the law doth require; and that the same poor prisoners shall have their full allowance in Ranged bread after the rate of twelve to the dozen, according to the assize" (i. e. price, &c. fixed by the magistrates at that date).

"4. Also that the gaoler for such bread as he shall serve to the rest of the prisoners under his charge shall not take above a penny profit to himself upon every dozen, which shall be made according to the assize.

"5. Also that no gaoler shall make or brew any beer within the house of the gaol or precincts thereof that he serveth the prisoners withal, but shall take it from some brewhouse in the town, the best beer, after the rate of 12s. the hogshead, whereof he shall utter and sell to the prisoners an ale quart for a penny; and the small beer at six shillings, wherof he shall sell to the prisoners two quarts for a penny, according to the statute; which rates shall be uttered by the justices as they shall see cause."

These regulations are similar to those appointed for tipplers or alehouse-keepers.

"6. That all the lodging chambers which were built for the mainprize shall be converted to that use, and no gaoler shall take above 4d. a week of any one prisoner that lieth or lodgeth in any one of those chambers for his lodgings, nor above 6d. a week of any one that lieth or lodgeth in the rendezvous chambers."

We shall find that a poor clergyman named Russell, who lay in gaol for debt, had a small sum allowed by the magistrates for his religious exercises, and besides a further sum of 31. 6s. 8d. for his chamber. We may suppose how little acceptable the religious duties performed by a gaoler, as by order 7., would prove.

"7. Also that the keeper or his deputy shall read one