CHAPTER V

LIFE IN THE KING’S BENCH

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 terms it could be evaded by giving

bail to the sheriff. But if the debtor was a poor man, or without

friends and therefore unable to procure bail, he paid in person and was

taken off to prison. Here he might lie almost indefinitely waiting,

hopelessly, for money from the skies to enable him to liquidate the

claim or defend the action. Often enough the writ had been issued on no

clear grounds; the debt may never have existed in fact and innocent

persons were arrested upon the affidavits of scoundrels impelled by

unworthy motives, which might be revenge or extortion. Not only was it

often the case that the prisoner lay in prison until he discharged a

debt he had never incurred, but even when the claim was undoubted and

for a small amount, the liability was soon swollen by the lawyers’ costs

amounting to three or four times the original debt. People were still

detained who owed no more than three or four pounds which they could

pay, until they could satisfy the attorneys for the costs of twenty and

thirty pounds they did not really owe. “I, myself,” says Colonel Hanger,

“for a debt of four pounds, thirteen shillings, and for one of six

pounds, sixteen shillings, have paid ten, twelve or fourteen pounds

costs.” Once caught in the meshes of the law it was not enough to pay

the original debt, and the creditor, when he received it, could not

release the debtor until the attorney’s costs were liquidated. The

records of the King’s Bench show that hundreds of debtors who in the

first instance owed no more than ten pounds were still detained for

twice or three times the amount claimed by the attorneys.

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 or four meals; nay more, have frequently been destitute of a

penny to buy them a roll of bread for breakfast.” The same difficulty as

that already mentioned of obtaining the “groats” or creditor’s allowance

for food still obtained. It was greatly increased by legal

technicalities, for it could only be sued for in term time and a debtor

arrested in June when the term was over must wait to take action till

November, five months that is to say, during which he might starve and

was wholly dependent upon the charity of generous fellow prisoners and

others. Judgment on the case might still be prolonged until the

following May, so that many gentlemen as well as others of superior

stations in life had for successive days never known what it was to

enjoy one good meal.[6]

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 high crimes and

misdemeanours against the State, whatever his sufferings, has one

comfort--he knows not the pangs of hunger; but the gentleman, the

citizen, the sailor or the soldier, who may have bled in their country’s

defence, if oppressed by sinful poverty, that worst of crimes, is

allowed only sixpence per day for all his wants, and has not even a bed

or fire found him to rest his wearied limbs or warm his half-starved

frame.”

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 old system of

imprisonment for debt, which was rightly characterised by a competent

writer as “the curse and disgrace of England.” We have seen how in the

earliest times it directly contravened the principles of constitutional

freedom, which forbade it for simple pecuniary obligations unaccompanied

by fraud. It was extended alike to early youth and decrepit old age; a

minor might be laid by the heels and an old man of ninety arrested on

his dying bed. Until more humane laws were passed the boy prisoner might

be confined _sine die_. Incarceration too often paralysed the bread

winner; the prisoner was unable to earn wages for himself and his

family, to his own great loss and a diminution of the wealth of the

country.

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, an inmate who had been a smuggler

got in seventeen two-gallon tubs of brandy, which lay hidden in a

friend’s room till they could be distributed through the prison. The

supplies on sale were so good that much custom was attracted from

outside. It was calculated that at the “tap” or public bar room, three

butts of porter were drawn daily to meet the demands of outsiders with a

nice taste for beer. Amusements and games were continually in progress.

Crowds came in to see the racquet players reputed the best in the

metropolis; on festivals and holidays--Easter Monday, Whit Monday,

Boxing Day--sports were held, such as racing and hopping in sacks and

blind man’s buff, the whole under the supervision of a clerk of the

courts, Captain Christie, who was long a prisoner but married a rich

wife and so at last gained his liberty.

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 upon the movements of the “Rulers” provided they

showed themselves once in every twenty-four hours. On the strength of

this concession a prisoner, Mellor Hetherington, a famous whip, drove

the night coach from London to Birmingham for a whole month, very much

to the satisfaction of proprietor and passengers. The regular coachman

had been taken ill and his temporary substitute comported himself so

well that he would have been permanently appointed but that it was

feared his creditors would interpose and impound his wages. This Mr.

Hetherington, who began life with a substantial income inherited from

his father, soon wasted his substance and found himself a prisoner in

the Fleet from which he was transferred to the King’s Bench, where he

was long resident in the “State House,” the large building close to the

entrance or lobby of the prison at one time occupied by prisoners of

State. He lived in great luxury and was allotted two rooms, but to enjoy

their peaceable occupation he was always obliged to buy out the “chums”

quartered on him. Some of these he employed as servants and assistants

in his domestic arrangements and especially in the kitchen, for he was a

lover of good cheer and had installed a kitchen range in one of the

rooms he occupied. He entertained largely, and guests in great number

gladly accepted his invitations. This Mr. Hetherington spent twenty

years as a prisoner for debt either within the walls of the Fleet or the

King’s Bench, or enjoying the privileges of the “Rules.” Finally he

took advantage of the Act as it was called, and went through the court

for the relief of insolvent debtors. He began life with a clear income

of six hundred pounds a year and finished his career of wasteful

self-indulgence without repaying a single sixpence to his creditors, who

had so foolishly and so uselessly deprived him of his liberty.

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 given), to the prohibiting by Lord Chief

Justice Kenyon of debtors to enter theatres.

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 going home for your health, Mr.

Hook.” “Why, why, yes,” replied Theodore, “I am sorry to say there is

something wrong with my chest.” Theodore Hook was already associated

with the once famous weekly newspaper _John Bull_, which was a thorn in

the side of the Whigs then in power. The proprietors of the paper,

Messrs. Weaver, Arrowsmith and Shackell, were prosecuted for libel of

some great personages, found guilty, heavily fined and committed to the

King’s Bench. Persons of lesser note were Jimmy Bearcroft, a hanger on

of the Mr. Hetherington, Captain Garth, Lady Hydeparker, “Pea-green”

Hayne, one or two baronets, Lord Glentworth, General Bacon and Miss

Gordon, who sold newspapers and kept a circulating library in the King’s

Bench.

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 a bare existence by her

traffic in books and newspapers.

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 and

the Duke of Wellington encouraged him and wrote him many characteristic

letters.

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 Raised from the Dead” was well advanced, and he was little

more than five and twenty years of age when he was arrested for debt. He

writes, that after having passed through every species of want and

difficulty often without a shilling, without ever being trusted, a man

to whom he had paid three hundred pounds arrested him out of pique for

the balance. His lawyers extricated him but within a year he enters in

his diary, “I am without a shilling in the world and with a large

picture before me not half done.” A month later he was arrested by his

artists’ colourman with whom he had dealt for fifteen years. He again

escaped, but as the months passed he was harassed with letters for money

every hour with repeated threatenings of arrest staved off by friendly

assistance from Canova, Sir Walter Scott and Mr. Coutts. Others, Lord

Mulgrave, Sir Edward Codrington, Brougham, Barnes of the _Times_ and

Miss Mitford were all prompt and helpful. Yet the next year he dated an

entry, “Well, I am in prison,” from the King’s Bench. He decided to go

through the court and was discharged without opposition. He was free

again and the future before him was clear. “He must live”--I am quoting

Tom Taylor--“He must live first of all and if possible without repeating

that untoward, that living by credit and borrowing on no better security

than high hopes and honest intentions which had ended in the King’s

Bench and insolvency.” Another year and the entry appears, “Passed in

desponding on the future, not a shilling in the world.” Later on,

“Obliged to pawn my other lay figure, the female, for five pounds,--cost

me thirty.” On the 12th January, 1827, an execution was in the house and

he was saved only by the prompt assistance of a friend, yet he was

arrested and cleared by a public subscription, after spending a month in

the prison. But this detention brought him a great opportunity; he saw

the “Mock Election,” a scene which, he says, “contrasted as it was with

sorrow and prison walls, beggars all description ... never was such an

excellent burlesque.... I saw the whole from beginning to end. I was

resolved to paint it for I thought it the finest subject for humour and

pathos on earth ... day by day the subject continued in my mind and as

soon as I was restored to my family and pursuits I returned to the

prison and sketched all the heads of the leading actors. Began the

picture directly and I finished it in four months.” This picture hung

fire for a time, but finally George IV sent to say he wished to see it

and at once bought it for five hundred guineas. It may now be seen in

the Royal Galleries at Windsor Castle. The picture portrays a curious

episode in contemporary prison life painted with great fidelity and deep

appreciation of the contrasted humour and pathos of the scene. The

principal personages are drawn to the life and from life, for the

painter went again and again to the prison to find his models. Haydon’s

own account brings the picture before us:

“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, dressed in a blue jacket and

green cap. There are several other groups. In one a man of family sits

sipping his claret, and a soldier who distinguished himself in Spain,

imprisoned in early life for running away with a ward in chancery.

Embarrassment followed and nine years of confinement have rendered him

reckless and melancholy. He has one of the most tremendous heads I ever

saw, something between Byron and Bonaparte. In the picture I have made

him sit at ease with a companion while champagne bottles, a dice box,

dice, cards, a racket bat and ball upon the ground announce his present

habits. Leaning on him, and half terrified at the mock threats of the

little red-nosed head constable with a mace, is an interesting girl

attached to him in his reverses, and over his head, clinging to the top

of the pump, is an elector intoxicated and huzzaing.

“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 a set of beings are assembled in that

extraordinary place, that temple of debauchery.”

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. At this moment I

have a sick house without a shilling for the common necessaries of life.

This is no exaggeration.” The burden of his appeal to the Directors of

the British Gallery or Institution for encouragement is couched in the

same terms. He speaks of “his present struggling condition with eight

children and nothing on earth left him in property but what he is

clothed with, after twenty-six years of intense and ardent devotion to

painting,” and was vouchsafed help to the amount of £50. Year after year

he struggled with indomitable courage to keep the wolf from the door. He

was never at any time able to cope with current expenses or to face ever

pressing liabilities. He struck at new lines in art, tried portrait

painting, produced pictures of famous men at great epochs in their

lives, “Wellington on the Field of Waterloo,” “Napoleon Musing at St.

Helena,” to be engraved for general sale. He gave public exhibitions of

his own most popular works, canvassed on every side for new commissions,

tried fresco painting and the production of cartoons. Only in one

direction did he make money, by lecturing on art, for which he had a

natural gift, and for a time, but only for a time, he drew crowded

audiences. He earned bread thus, but no more, and his necessities caused

never ending pressure, still relieved constantly by the aid of the

pawnbroker, or the money lender at usurious rates. The sheriff’s

officers again carried him off to “that blessed refuge for the

miserable--the Bench,” which, as ever, was rendered hideous by the

levity of the vicious and the thoughtless. “Gambling, swearing and

drinking went on as usual,” he relates, “and last night when I was

musing on life and death, the bloods and blackguards were singing duets

outside my door at midnight.”

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 Tom

Thumb. The future had never looked so black; “the butcher, the baker,

the tax collector, the landlord gave louder knocks than before.” At

length, he says, he “came home in excruciating anxiety,” not able to

raise the money for the rent of the Egyptian Hall where his cartoons

were exhibited. Fresh executions were to be put in and he says, “I felt

my heart sink, my brain confused, I foresaw my family’s misery and a

prison!” The desperate struggle was nearly over; he held on with but

small hope of deliverance and at last gave up in despair. He entered his

painting room for the last time and there shot himself on the 22nd of

June, 1846, “when temporarily of unsound mind” as the coroner’s inquest

charitably decided.

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 Palace, and was especially used for the confinement of

persons awaiting trial. No exact record is preserved of its first

erection. The earliest account is that of a riot by sailors in 1377. A

man belonging to the fleet commanded by the Duke of Lancaster was slain

by a gentleman imprisoned in the Marshalsea, whereupon the men-of-war’s

men conceiving that the murderer was sheltered by great folk broke into

the prison, took him and hanged him on a gallows near the gaol, and

returned in triumph to their ships with trumpets sounding. The prison

was again attacked four years later by the insurgents headed by Wat

Tyler and at that time the marshal lost his life. On this occasion the

marshal of the King’s Bench adjoining, Sir John Imworth, was seized and

beheaded. Much importance attached to the prison in the reigns of Henry

VIII, Mary and Elizabeth, when it was used for State purposes. Bishop

Bonner, the last Roman Catholic bishop of London, was sent to it, when

suspended by Queen Elizabeth. The story runs that he preserved a grim

humour despite his misfortunes. When a man greeted him with the

insulting address, “Good morrow Bishop Quondam,” the bishop promptly

retorted, “Farewell, Knave Semper.” When on his way to the prison, some

one called out, “The Lord confound thee, or else turn thy heart.” “The

Lord send thee to keep thy breath to cool thy porridge,” was the defiant

reply. Bonner died in the prison in 1569 after a confinement of ten

years. Poets, pamphleteers and political satirists were often committed

to the Marshalsea and among them George Wither, Christopher Brooke and

many Puritan martyrs. After the Restoration, as John Evelyn tells us,

Colonel Culpeper was sent there as the aggressor in an affray with “my

lord of Devonshire,” when the latter stood very near His Majesty’s

bed-chamber. Some hot words passed between them and Lord Devonshire gave

Culpeper the lie. Upon which the colonel “struck him a box on the ear,”

but the lord returned it and “felled him.” They were soon parted;

Culpeper was seized and carried by the King’s order before the Board of

Green Cloth where he got his deserts by being confined in the

Marshalsea.

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 too few for

the number and the more modest women complain of the bad company in

which they are confined. There are above forty rooms for men on the

Master’s Side, in which are about sixty beds; yet many prisoners have no

beds nor any place to sleep in but the chapel and the tap-room.”

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 stranger in passing,

they eyed him with borrowing eyes--hungry, sharp, speculative as to his

softness if they were accredited to him, and the likelihood of his

standing something handsome. Mendacity on commission stooped in their

high shoulders, shambled in their unsteady legs, buttoned and pinned and

darned and dragged their clothes, frayed their button-holes, leaked out

of their figures in dirty little ends of tape and issued from their

mouths in alcoholic breathings.”

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 signers of Captain Porter’s petition

filed off in my boyhood. The spikes are gone and the wall is lowered;

and anybody can go out now who likes to go and is not bed-ridden.”

Non-Criminal Prisons English Debtor's Prisons and Prisons of War; French War Prisons; American War Prisons with References to Those of Other Lands · 第 5 / 11 章