The second type of institution, the county and borough jail, ranged from
being located in the dungeon of a medieval castle to little more than
a strong-room above an inn. The diversity of the jail's architecture was
mirrored in the distinctive status of the various categories of prisoners
confined in them: debtors, those awaiting trial, those few felons sentenced
to imprisonment, and those convicted and sentenced to transportation or
death. Although in theory the different classes of prisoners were supposed
to be kept separate from each other, actual practice resulted in the confusion
of prisoner categories and the de facto sharing of privileges among prisoners
to whom they were legally denied. In the eyes of the prison reformers
of the 1780s this confusion was regarded as a major impediment to a rational
system of discipline.5
The third institution of confinement was the house of correction, or
bridewell, which had been in existence since the sixteenth century. The
bridewell was developed to enforce the law against vagrancy, and its avowed
purposes were to put the vagrant poor to work and to teach them the lessons
of industry. The organization of penal labour around economic imperatives
had been introduced at about the same time in Europe with the opening
of the Rasphuis in Amsterdam.6
The theory behind the bridewell was that prisoners would earn their bread
and upkeep by hard labour, and the county would recoup its expenses from
the sale of prison goods made under the supervision of outside contractors.
Like much of the correctional theory in the eighteenth century (and, as
we will see, in the twentieth century), this bore little relation to what
actually happened. Because many counties were unable to find contractors
to put prisoners to work, the local magistrates were obliged to make some
minimum dietary provision for the prisoners. Yet there were some bridewells
in which no food was provided. It was not uncommon for vagrants brought
in from the streets of London to die in prison of hunger. John Fielding,
the London magistrate, remarked to an inquiry in 1770 that 'when the magistrate
commits a man to [the Gate House in London] for assault he does not know
that he commits him there to starve.'7
The efforts of the local authorities to limit their financial liability
for bridewells, like the keepers' efforts to limit their overhead in running
the debtors' prisons and local jails, resulted in a prison regime that
relied upon easy access to the outside world. In some jails prisoners
were allowed to beg for food and money through 'begging grates.' Visitors'
privileges were liberal, since in many cases prisoners depended on aid
from their relatives and friends to supplement the little provided by
the state. According to Ignatieff, it was common for wives to appear daily
at the prison gates with meals for their jailed husbands. They were permitted
to remain In the prison from dawn until lock-up, and a bribe to the keeper
ensured their continuing companionship by night.8
However, if the physical distance between the inside and the outside
was not great, the administrative distance was. 'The authority of the
Keeper was exercised largely without supervision or scrutiny from the
outside. Although the worlds were bound together in symbiotic dependence
over matters such ,as diet and sexual commerce, the prison, in matters
of power and finance, was a state within a state.'9
In the eighteenth century, because of the decentralization of responsibility
for prisons, there were no statutory provisions governing the duties of
the keeper of a prison, and the local magistrates rarely placed any limitations
on his power. Such basic matters as the program of work and the methods
of discipline were left to the untramelled discretion of the keepers.
Authority in the prison, 'unbounded by formal rule, was by definition
arbitrary, personal and capricious.'10 In
the minds of the prison reformers of the 1770s, the abuses of the prison
system -cruelty, unsanitary conditions, inadequate dietary provisions,
sexual promiscuity, and corrupt administrative practices -were explained
by the absence of rules and the lack of supervision by outside authority.
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