“If, therefore, this jailer has taken upon himself to punish the same prisoner twice he has broken the law.”
“At all events he has gone beyond the letter of this particular set of rules.”
“But these rules were drawn up by lawyers, and are based on the law of the land. A jailer, in the eye of the law, is merely a head turnkey set to guard the prisoners. For hundreds of years he had no lawful right to punish a prisoner at all; that right was first bestowed on him with clear limitations by an act passed in George the Fourth's reign, which I must show you, because that act is a jailer's sole authority for punishing a prisoner at all. Here is the passage, sir; will you be kind enough to read it out?”
“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?”