Proceedings of the grand juries, magistrates, and other noblemen and gentlemen, of the county of Glocester, on designing & executing a general reform in the construction and regulation of the prisons for the said county ... / by Sir G. O. Paul.

  • Paul, George Onesiphorus, Sir, 1746-1820.
Date:
1808
Catalogue details

Licence: Public Domain Mark

Credit: Proceedings of the grand juries, magistrates, and other noblemen and gentlemen, of the county of Glocester, on designing & executing a general reform in the construction and regulation of the prisons for the said county ... / by Sir G. O. Paul. Source: Wellcome Collection.

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    « unlefs where he is unruly, or has attempted an « cfcape. This being the humane language of our « ancient lawgivers, Cufodes panam fibi commijforum “ non augeant, nec eos torqueant; fed omni favitia re- s'- mota, pietateque adbibita, judicia debite exequantur And again—“ *Though under an indidfment of the higheft nature, the prifoner mud be brought to the “ bar without irons, or any manner of fhackles or « bonds, unlefs there be evident danger of an efcape.” The learned editor of Hale’s hiftory obferves, “ That fetters ought not to be ufed but where the “ officer has juft reafon to fear an efcape, as where “ the prifoner is unruly, or makes an attempt to that “ purpofe; but otherwife it feems altogether unwar- “ rantable, and contrary to the mildnefs, and huma- “ nity of the laws of England, bv which gaolers are “ forbidden to put their prifoners to any pain or “ torment.” And Lord Coke, 2 Inft. 3^1, fays, <{ By the “ common law it may not be done.f If the gaoler “ keeps the prifoner more ftri&ly than he ought, “ whereof he dies, this is felony in the gaoler by the “ common law, 3 Inft. 91. Foster, 321, 322.” In the report of the Gaol Committee, it appears, that on petition to the Judges, by one who had been * Black. B. iv. c. 25. f Vide Bukne, Vol. II. p. 340, 3}i. put