“Hum! ’The keeper of every prison shall have power to hear all complaints touching any of the following offenses: Disobedience of the prison rules, assaults by one prisoner on another where no dangerous wound is given, profane cursing or swearing, any indecent behavior at chapel, idleness or negligence in work. The said keeper may punish all such offenses by ordering any offender to close confinement in the refractory or solitary cells, and by keeping such offenders upon bread and water only for any term not exceeding three days.’”
“Observe,” put in Mr. Eden, “he can only punish once, and then not select the punishment according to his own fancy; he is restricted to separate confinement, and bread and water, and three days.”
Mr. Lacy continued: “’In case any criminal prisoner shall be guilty of any repeated offense against the rules of the prison, or of any greater offense than the jailer is by this act empowered to punish, the said jailer shall forthwith report the same to the visiting justices, who can punish for one month, or felons or those sentenced to hard labor by personal correction.’”
“Such, sir,” said Mr. Eden, “is the law of England, and the men who laid down our prison rules were not so ignorant or unscrupulous as to run their head against the statute law of the land. Nowhere in our prison rules will you find any power given to our jailer to punish any but minor offenses, or to punish any prisoner more than once, or to inflict any variety of punishments. Such are this jailer’s powers—now for his acts and their consequences—follow me.”
“Evans, open this cell. Jenkyns, what are you in prison for?”
“For running away from sarvice, your reverence.”
“How often have you been punished since you came?”
“A good many times, your reverence.”
“By the visiting justices?”
“No, sir! I was never punished by them, only by the governor.”
“What have been your offenses?”
“I don’t know, sir. I never meant to offend at all, but I am not very strong, and the governor he puts me on a heavy crank and then I can’t always do the work, and I suppose he thinks it is for want of the will, and so he gives it me.”
“How has he punished you?”
“Oh! sometimes it is clamming; nothing but a twopenny roll all day, and kept to hard work all the same; sometimes my bed taken away, you know, sir, but mostly the punishment jacket.”
Mr. Lacy. “The punishment jacket; what is that?”
Mr. Eden. “Look in the prison rules and see if you can find a punishment jacket; meantime come with me. Two gross violations of the law—repetition of punishment and variety of punishments. Evans, open this cell. What are you in for?”
Prisoner (taking off his cap politely). “Burglary, gentlemen.”
“Have you been often refractory since you came here?”
“Once or twice, sir. But—”