the writings to the secretary;” “prays that he may be allowed to come to him for that purpose.” Christopher Crowe, a prisoner in Newgate, and another victim to the oppression of a great noble, about the same date (1632) petitions the council: “I am in great misery,” he says, “having no friends nor means.” For six weeks he has had for his allowance but a halfpenny in bread one day and a farthing’s worth the next. “Is heartily sorry for his words spoken against the Marquis of Hamilton, and prays enlargement.” Others in Newgate sought noble protection, and petitioned the great peers to procure release. John Meredith petitions Henry Earl of Holland, Captain of the Guard, reminding him that when he (Meredith) and his wife were committed to Newgate, his lordship on their appeal had sent an order for their discharge, which had been disregarded, and now, “having lain in prison a fortnight, he prays that he and his wife may forthwith be enlarged.” This has no effect, so Meredith and his wife Joan petition the Earl of Manchester, Lord President. “They had now remained in prison three weeks; pray for an enlargement from Newgate gratis,[53] and that the sergeants who arrested them may be committed.”
Prisoners of still greater consequence languished often hopelessly in Newgate Gaol. Now it is the wardens of divers city companies for not making up their proportion towards the previous year’s provision of corn; now a respectable freeman and stationer, William Cooke, who had built a shed of timber in the open street in High Holborn adjoining Furnival’s Inn. He was committed to Newgate till he should demolish the same. But, as Inigo Jones and others represent to the council, “he lies in prison, and the shed continues,” and they suggest an order to the principals of Furnival’s Inn, or to the sheriffs of London, to take the shed away. Next comes a greater personage, John Andrews, the Mayor of Sudbury, who has unhappily fallen foul of a messenger of the Star Chamber named Potter. This messenger came to Andrews with a warrant claiming his assistance for the apprehension of certain unlicensed dealers in tobacco in Sudbury, to which warrant he “gave due obedience.” Potter was presently himself brought before the mayor, “accused of many blasphemies and oaths,” and for compounding for money with the culprit who had unlawfully trafficked in tobacco. Upon this the mayor told Potter that he thought him worthy to be committed to prison. Potter then fell to abusing the mayor in scoffs and threatening speeches, telling him that he would have him set in the stocks, and that he cared not a pin for the mayor’s authority. The exasperated Andrews committed Potter to prison. But Potter’s threats were not without substantial foundation, for Andrews’ action is deemed improper, and he is himself committed to Newgate. From thence he humbly submits himself, and prays discharge from that loathsome prison.
Even an alderman was not safe. Thomas Middleton in 1603, having been duly elected alderman, refused to be sworn, whereupon he was committed to Newgate by the Lord Mayor and court of aldermen, “according to their oaths and the custom of the city.” For this they were sharply reproved by the king, and ordered to release him immediately, “as he was employed in important state service which privileged him from arrest.”
These were days of widespread oppression, when Strafford, Laud, the Star Chamber, and ecclesiastical courts gave effect to the king’s eager longings for arbitrary power. The following is from a half-mad fanatic who has offended the relentless archbishop. “The petition of Richard Farnham, a prophet of the most high God, a true subject to my king, and a prisoner of my saviour Christ, in Newgate, to Archbishop Laud and the rest of the high commissioners, whom he prays to excuse his plainness, being no scholar. … Desires to know the cause of his being detained so long in prison, where he has been kept a year next April without coming to his answer. Thinks they have forgotten him. If he be a false prophet and a blasphemer and a seducer, as most people report that he is, the high commissioners would do well to bring him to trial. What he wrote before he came into prison and what he has written since he will stand to. … If he does not get his answer this summer he intends to complain to the king, believing that it is not his pleasure his subjects should suffer false imprisonment to satisfy the archbishop’s mind.” Of the same year and the same character is this other petition from William King, a prisoner in Newgate “for a little treatise delivered to Lord Leppington.” Has remained in thraldom twenty-seven months; expresses contrition and prays enlargement on bail, or that he may be called to answer. Forty years more were to elapse before the passing of the Habeas Corpus Act; but the forgoing will show how grievously this so-called palladium of an Englishman’s liberties was required.
Pardons free or more or less conditional were, however, vouchsafed at times. Release from prison was still, as before, and for long after, frequently accompanied by the penalty of military service. This had long been the custom. On declaration of war in the earlier reigns, it was usual to issue a proclamation offering a general pardon to those guilty of homicides and felonies on condition of service for a year and a day. Even without this obligation prisoners in durance might sue out a pardon by intercession of some nobleman serving abroad with the king. But later on the release was distinctly conditional on personal service. The Lord Mayor certifies to the king (1619) that certain prisoners in Newgate, whose names and offences are given, are not committed for murder; so they are reprieved, as being able-bodied and fit to do service in foreign parts. Another certificate states that William Dominic, condemned to death for stealing a purse value £4, is reprieved, “this being his first offence, and he an excellent drummer, fit to do the king service.” Again, the king requires the keeper of Newgate to deliver certain reprieved prisoners to Sir Edward Conway, junior, to be employed in His Majesty’s service in the Low Countries. Recorder Finch reports that he has furnished “Conway’s son with seven prisoners fit for service; sends a list of prisoners now in Newgate, but reprieved. Some have been long in gaol, and were saved from execution by the prince’s return [with Buckingham from Spain?] on that day. They pester the gaol, which is already reported crowded, this hot weather, and would do better service as soldiers if pardoned, ‘for they would not dare to run away.’ ” A warrant is made out June 5, 1629, to the sheriffs of London to deliver to such persons as the Swedish ambassador shall appoint forty-seven persons, of whom one was Elizabeth Leech—was she to be employed as a sutler or vivandière?—being prisoners condemned of felonies, and remaining in the gaols of Newgate and Bridewell, who are released “to the end that they may be employed in the service of the King of Sweden”—Gustavus Adolphus, at that time our ally. There are numerous entries of this kind in the State papers. Sometimes the prisoners volunteer for service. “John Tapps, by the displeasure of the late Lord Chief Justice and the persecution of James the clerk and one of the keepers,[54] has been kept from the benefit of the pardon which has been stayed at the Great Seal. Begs Lord Conway to perfect his work by moving the Lord Keeper in his behalf, and in the mean time sending some powerful warrant for his employment as a soldier.” Certain other convicted prisoners in Newgate, who had been pardoned in respect of the birth of Prince Charles (Charles II.), petition that they are altogether impoverished, and unable to sue out their pardons. They pray that by warrant they may be transported into the State of Venice under the command of Captain Ludovic Hamilton. This document is endorsed with a reference to the Lord Chief Justice of the Common Pleas to certify concerning these delinquents and their crimes. George Gardener, a prisoner in Newgate, also petitions the king in March 1630, stating that he was committed by the council on the information of James Ingram, deputy warden of the Fleet, to prevent petitioner prosecuting the said Ingram for his notorious extortions. He has remained in Newgate since April previous, and by Ingram’s procurement was shut up amongst felons in the common gaol, whereby he might have been murdered. “Prays that he may be allowed to go abroad on security.” Here is another petition, that of Bridget Gray to the council. She states (July 19, 1618) that her grandson, John Throckmorton, is a prisoner in Newgate for felony, and prays that he may be discharged, this being his first offence, and Sir Thomas Smythe being ready to convey him beyond seas. Upon this is endorsed an order that if the mayor or recorder will certify that Throckmorton was not convicted of murder, burglary, highway robbery, rape, or witchcraft, a warrant may be made for his banishment. The certificate is forthcoming, and is to the effect that Throckmorton’s crime was aiding in stealing a hat, value 6s., for which the principal, Robert Whisson, an old thief, was hanged.
The gaol calendar reflects the vicissitudes of these changing, troublous times. There were many London citizens who, sharing the patriotic spirit of Hampden and Pym, found themselves clapped into prison for refusing to submit to the illegal taxations of Charles I. In a long statement, 16th