in the ship-money. “Some pay and many refuse; but such as do refuse he requires to enter into a recognizance of so much money to attend the council. Three citizens stand committed to Newgate, not because they refuse to pay ship-money, but because they refuse to enter into bond to attend the Board to answer their not paying the same. Divers others refused, and were sent to Newgate; but upon better consideration they paid their money, and were released again.” The temper of the Government as regards ship-money is further shown by the arrest and trial of the keeper of Newgate for permitting a prisoner committed for non-payment of this unlawful tax to go at large. It appears that the offender, Richard Chambers, had been several times remanded to the same custody, and had been allowed to escape.
It was highly dangerous to speak lightly of dignities in these ticklish times. The State trials give an account of the hard measure meted out to one Edward Floyde for scandalizing the princess palatine, Elizabeth, James I.’s daughter, and titular Queen of Bohemia. Floyde was charged with having said, while a prisoner in the Fleet, “I have heard that Prague is taken, and goodman Palsgrave and goodwife Palsgrave (Elizabeth) have taken to their heels and run away.” This puerile, gossip seriously occupied both houses of Parliament, and eventually the Lords awarded and adjudged that Edward Floyde be deemed an infamous person, incapable of bearing arms as a gentleman, whose testimony was not to be taken in any court or cause. He was also sentenced to ride with his head to his horse’s tail from Westminster to the pillory in Cheapside; after this to be whipped from the Fleet to Westminster, there again to stand on the pillory. He was to pay a fine of £5000 to the king, and imprisoned in Newgate during his life.
In 1642, according to a published document,[55] Newgate “hath not been more replenished with prisoners these many years than now, there being very nigh three hundred prisoners committed to that infamous castle of misery.” It was still the mere gatehouse prison, and its accommodation must have been of the most limited description. Chief among these inmates were six Jesuit priests who had been condemned to die, but had, no doubt through the powerful advocacy of Henrietta Maria, obtained a reprieve. “Whereupon did arise a tumultuous mutiny among the other prisoners, who refused to die without the Jesuits; but afterwards they (the mutineers) were mitigated in a kind of pacified tranquillity.” Parliament had also petitioned that “execution might be imposed upon” these priests; but the king would not condescend thereunto till his further pleasure, “whereupon they (the Jesuits) have continued secure in Newgate ever since, one man being solely excepted, viz. Goodman, who died last Good Friday, and at once deceived both Gregory[56] and Tyburn.” But the Parliament was at this date too near its rupture with the king to submit to be thus put off, and re-petitioned, stating “these Jesuits were an obstacle to their assiduous proceedings;” and His Majesty replied that if they were “the obstruction and hindrance of reformation in the Church they might be forthwith executed without further delay.” Henrietta Maria’s strong attachment to the Roman Catholic faith is satirized in the old German print, which I have taken from the Crowle ‘Pennant’s London’, and which represents the Queen doing penance at Tyburn over the grave of some recently executed priests. It is said that “the pore queen” walked afoot—some say barefoot—from St. James to Tyburn in the dead of night. A state coach followed with attendants, and her father confessor. The whole story is probably apocryphal, but the print is interesting as one of the earliest representations of Tyburn tree. The pilgrimage took place in 1628, but the print is of a later date.
Other prisoners at this time were certain Irishmen suspected to be rebels who had apparently been captured on the high seas, and eventually committed to Newgate. When formally examined before the Parliament, the servants, seamen, and soldiers were remitted; only the master of the ship, the captain, lieutenants, and ancients were detained, “and still continue in prison.” The court was to examine them further; but as this did not come off, the Parliament would, it was thought, censure them. These, found to be ten in number, five of them friars, four soldiers, and one a pilgrim, were at length examined “before a committee in the court of wards, who demanded of them their intents in coming over to Ireland, and to what effect: four of which very peremptorily denied, and said they came over with occasions of merchandize, but one of them betrayed the rest, and affirmed that they were friars, and came over into England to save souls for heaven.” The other five were carried down unto
Henrietta Maria doing penance at Tyburn.
Westminster before the same committee. The master of the ship, being called first, “did show a commission unto them for his going; they then asked him whether he would take the oath of allegiance, which he was willing to take. When asked as to the oath of supremacy, he replied that he was an ignorant man, and did not understand what it meant.” Three of the others could not speak a word of English, whereupon the master did interpret what they spake. “It seems by the exposition of the master of the ship that they have been in service under the Prince of Orange half a year; they were taken captives at Flanders; they served in France two years, and a half-year in Spain, and now come into their own country.”
Neglect of the stringent ordinances passed to protect life during the constant visitations of that fearful scourge the plague brought down the one universal penalty, committal to Newgate, upon offenders. Here is a long story about Stephen Smith, a fishmonger, whose door was by the sufferance of the warder broken open, and William Fenn, servant to Smith, who had already been indicted for offences committed during the several infections of that house, entered the house and brought a quantity of salted fish to the door for sale. Yet all the time Susan Wheelyer, a maid-servant of Smith’s, was shut up in the house infected with the plague. Smith had unlawfully abandoned his house. Fenn was apprehended and shut up with the late infected servant under a better guard. “I have committed the warder,” says Sir William Slingsby, who makes the report, “and commanded the fish to be carried in again, and the doors locked and guarded. … These proceedings I suspect to be done by the private directions of Smith.” The orders of the council on the above were prompt and severe. Stephen Smith was at once committed to Newgate, “there to be kept under strong bolts until further orders,” while William Fenn was sent to the pest-house, and a weight of iron placed on his heels to keep him safe and quiet there. It was ordered further, that the warders for their great neglect be put in the stocks before Smith’s house.
Newgate, during the last great plague epidemic, received all offenders against the sanitary rules. These were enforced by the Middlesex justices, who were directed to be most careful for the relief of the citizens and for the prevention of the spreading of infection. Diligent circumspection was to be used to prevent the removal of goods or persons from London or Westminster to other towns and villages, or up and down the Thames; also to put pressure upon those belonging to infected families who refused to shut themselves up. Refusal to obey or neglect of these orders was to be visited with committal to Newgate and indictment at the next sessions.
Offences against morality and religion were met with the same penalty of imprisonment. Incontinence and loose living were high misdemeanours. In an extract from the register of the High Court of Commission we find that Nicholas Slater of Royden, Essex, a married man, had run off with Blanche Cowper, another man’s wife. Defendants lived together in various places. “Slater, like a vagabond, without license had wandered up and down the kingdom professing physic and surgery, and carried Blanche about with him from place to place.” Slater was committed close prisoner to Newgate, there to remain during pleasure, and Blanche to Bridewell. There was added penance in Ware and Stepney, while Slater was fined £1000 and Blanche £100 to His Majesty. The last part of the sentence points to Charles’s shifts to raise money. This was in 1638. Another story of the same kind, but with a different issue, is of the same date. George Harrison in Newgate petitions the Archbishop of Canterbury and the Lords of the High Commission Court for enlargement. A certain John Cock had, it appears, discovered the incontinent life of John Thierry and Ursula Baythorpe. The latter offered Cock £27 to be silent, which he was willing to accept, and went with the petitioner Harrison to a tavern, the place appointed for the handing over of the money. But they fell into a trap, and were arrested at the tavern; thence they were carried to the Compter and committed to Newgate. Afterwards at a sessions they were indicted, and, on the testimonies of the merchant and the said Ursula’s sister and her husband,