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It is as true of crime in the Orient as of other habits, customs and beliefs of the East, that what has descended from generation to generation and become not only a tradition but an established fact, is accepted as such by the people, who display only a passive indifference to deeds of cruelty and violence. Each country has its own peculiar classes of hereditary criminals, and the influence of tradition and long established custom has made the eradication of such crimes a difficult matter. Religion in the East has had a most notable influence on crime. In India the Thugs or professional stranglers were most devout and their criminal acts were preceded by religious rites and ceremonies. In China the peculiar forms of animism pervading the religion of the people has greatly influenced criminal practices. Murder veiled in obscurity is frequently attributed to some one of the legion of evil spirits who are supposed to be omnipresent; and to satisfy and appease these demons innocent persons are made to suffer. So great, too, is the power of the spirit after death to cause good or ill, that many stories are related of victims of injustice who have hanged themselves on their persecutors’ door-posts, thus converting their spirits into wrathful ghosts to avenge them. The firm belief in ghosts and their power of vengeance and reward is a great restraint in the practice of infanticide, as the souls of murdered infants may seek vengeance and bring about serious calamity. Oriental prison history is one long record of savage punishments culminating in the death penalty, aggravated by abominable tortures. The people are of two classes, the oppressed and the oppressors, and the last named have invented many devices for legal persecution. In early China and Japan, relentless and ferocious methods were in force. One of the emperors of China invented a new kind of punishment, described by Du Halde in 1738, at the instigation of a favourite wife. It was a column of brass, twenty cubits high and eight in diameter, hollow in the middle like Phalaris’s Bull, with openings in three places for putting in fuel. To this they fastened the criminals, and making them embrace it with their arms and legs, lighted a great fire in the inside; and thus roasted them until they were reduced to ashes. The first slaves in China were felons deprived of their liberty. Later the very poor with their families sold themselves to the rich. Although slavery has never been largely prevalent owing to the patriarchal nature of society, all modern writers agree that it exists in a loathsome form to-day. Parents sell their children and girls bring a higher price than boys. Who does not know of the peculiar sufferings and wrongs inflicted for so many generations on the gentle peasant in the proud land of the Pharaohs, of whom it is said “that the dust which fills the air about the Pyramids and the ruined temples is that of their remote forefathers, who swarmed over the land, working under the fiery sun and the sharp scourge for successive races of task-masters—the Ethiopian, the Persian, the Macedonian, the Roman, the Arab, the Circassian and the Turk.” During the reign of Ismail Pasha we hear of 150,000 men, women and children driven forth from their villages with whips to perform work without wages on the Khedive’s lands or in his factories. It is a heartrending picture. In earlier times the administration of the country districts was in the hands of governors appointed by the Pasha and charged by him with the collection of taxes and the regulation of the corvêé, or system of enforced labour, at one time the universal rule in Egypt. The present system established by Great Britain is in striking contrast to past cruelties.
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
THE three principal prisons in London in the fourteenth century were the Fleet, the KingÕs Bench and the Marshalsea, but Newgate took precedence in interest because identified with its earliest history. All have their peculiar histories full of interesting associations, replete with memories of famous inmates and striking incidents, and all are worthy of detailed description. All alike received prisoners for debt and on occasion, more heinous offenders, especially in the earlier years of their existence. The old KingÕs Bench was the peculiar prison for the Court of that name, but it also took debtors committed by the Court of Exchequer and the Court of Common Pleas. The Marshalsea Court, so called from having been originally under the control of the Knight Marshal of the Royal Household, was at first intended to settle differences between the lesser servants of the palace, and had its own judge, counsel and attorneys, but none except members of CliffordÕs Inn were permitted to practise in this court. The jurisdiction of this court extended twelve miles round Whitehall, excluding the city of London. It also served the Admiralty Court and received prisoners charged with piracy. The Fleet prison took its name from the little stream long stigmatised as the ÒFleet Ditch,Ó the open sewer or water-way which rose in the eastern ridge of Hampstead Hill, flowed by ÒOldbourneÓ or Holborn under four bridges to discharge into the Thames on the west side of Blackfriars bridge. As time passed this ditch, after being deepened once or twice to allow for water traffic, became more and more pestilential and was at length filled up and arched over, becoming then the site of Fleet Market in what is now known as Farringdon Street, on which the main gates of the prison opened. The building was of great antiquity and is first mentioned in authentic records about A. D. 1197. A deed of that date granted it to the safe keeping of one Nathaniel de Leveland and his son Robert, in conjunction with the KingÕs Houses at Westminster. It is stated that the Fleet prison had been the inheritance of the Levelands since the time of the Norman Conquest. Four years later this same Robert de Leveland petitioned King John for leave to hand over the wardenship of the Fleet to Simon Fitz-Robert, archdeacon of Wells, while he, Leveland, proceeded with the crusaders to the Holy Land. He returned very shortly afterward, as appears from a grant of moneys made him by the City of London in 1205, his salary for guardianship of the prison. His wife Margaret was also granted an allowance as keeper of the Westminster Royal Houses.
The judicial administration of France had its origin in the Feudal System. The great nobles ruled their estates side by side with, and not under, the King. With him the great barons exercised ÒhighÓ justice, extending to life and limb. The seigneurs and great clerics dispensed ÒmiddleÓ justice and imposed certain corporal penalties, while the power of ÒlowÓ justice, extending only to the amende and imprisonment, was wielded by smaller jurisdictions. The whole history of France is summed up in the persistent effort of the King to establish an absolute monarchy, and three centuries were passed in a struggle between nobles, parliaments and the eventually supreme ruler. Each jurisdiction was supported by various methods of enforcing its authority: All, however, had their prisons, which served many purposes. The prison was first of all a place of detention and durance where people deemed dangerous might be kept out of the way of doing harm and law-breakers could be called to account for their misdeeds. Accused persons were in it held safely until they could be arraigned before the tribunals, and after conviction by legal process were sentenced to the various penalties in force. The prison was de facto the high road to the scaffold on which the condemned suffered the extreme penalty by one or another of the forms of capital punishment, and death was dealt out indifferently by decapitation, the noose, the stake or the wheel. Too often where proof was weak or wanting, torture was called in to assist in extorting confession of guilt, and again, the same hideous practice was applied to the convicted, either to aggravate their pains or to compel the betrayal of suspected confederates and accomplices. The prison reflected every phase of passing criminality and was the constant home of wrong-doers of all categories, heinous and venial. Offenders against the common law met their just retribution. Many thousands were committed for sins political and non-criminal, the victims of an arbitrary monarch and his high-handed, irresponsible ministers. The prison was the KingÕs castle, his stronghold for the coercion and safe-keeping of all who conspired against his person or threatened his peace. It was a social reformatory in which he disciplined the dissolute and the wastrel, the loose-livers of both sexes, who were thus obliged to run straight and kept out of mischief by the stringent curtailment of their liberty. The prison, last of all, played into the hands of the rich against the poor, active champion of the commercial code, taking the side of creditors by holding all debtors fast until they could satisfy the legal, and at times illegal demands made upon them.
Volume: 9 Publisher: London: The Grolier Society Publication date: 1900 Subjects: Crime Prisons Notes: This is an OCR reprint. There may be numerous typos or missing text. There are no illustrations or indexes. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there.
The Building of the Penitentiary Early Management The Great Epidemic The Penitentiary Reoccupied Serious Disturbances A New Regime Ingenious Escapes The Women's Wards The Millbank Calendar The Penitentiary Impugned Last Days of Millbank
It is as true of crime in the Orient as of other habits, customs and beliefs of the East, that what has descended from generation to generation and become not only a tradition but an established fact, is accepted as such by the people, who display only a passive indifference to deeds of cruelty and violence. Each country has its own peculiar classes of hereditary criminals, and the influence of tradition and long established custom has made the eradication of such crimes a difficult matter. Religion in the East has had a most notable influence on crime. In India the Thugs or professional stranglers were most devout and their criminal acts were preceded by religious rites and ceremonies. In China the peculiar forms of animism pervading the religion of the people has greatly influenced criminal practices. Murder veiled in obscurity is frequently attributed to some one of the legion of evil spirits who are supposed to be omnipresent; and to satisfy and appease these demons innocent persons are made to suffer. So great, too, is the power of the spirit after death to cause good or ill, that many stories are related of victims of vi injustice who have hanged themselves on their persecutors’ door-posts, thus converting their spirits into wrathful ghosts to avenge them. The firm belief in ghosts and their power of vengeance and reward is a great restraint in the practice of infanticide, as the souls of murdered infants may seek vengeance and bring about serious calamity.