So we may acquit the Warden on this count. Poor Man! he had a rough lot to deal with, but it is to our advantage that it was so, for his refutation of the charges brought against him throws a flood of light on the domestic manners of the time, and of the Fleet prison in particular.
The third count against the Warden was one of robbery, "11 lib. 6 s. taken out of the Trunk, and by violence, from the person of a close prisoner sicke in his bed, by the Warden and his seruants." And Harris meets this, as all others, fairly and straightforwardly. Says he:— "This toucheth money taken from one Thraske, then a Jewdaiser, or halfe Jewe, committed close prisoner by the Lords of the Councell, from whom, and such like, though in the Gatehouse, King's Bench, Fleete, &c., it hath beene used to take away and keepe their money, yet the Warden tooke not his until he abused it very dangerouslie, and whether this takeing away may be said Robbery, let the answeare followeing decide.
"And although the complainte be used with a Circumstance, as if the Prisoner were sick, thereby to make a shewe as if the Warden gaped at his death and money; that was most untrue for Thraske was in perfect health."
This prisoner was sent to the Fleet, to be put in the pillory, whipped and branded, and, besides, to suffer solitary confinement, but he found means to write letters to the King and the Lord Chancellor, and the Warden was much blamed for allowing him so to do. But poor Harris, who must have been plagued almost to death by his very recalcitrant charges, could not find out whence his prisoner procured his writing materials, and at last came to the correct conclusion that he was bribing the gaoler who waited upon him. So, with some servants, he personally searched Mr. Thraske's apartment and person, and found his pens, ink, and paper, and also £11 6s. in money, together with a bag and cord with which he used to receive supplies from outside, and by means of which he disseminated his pernicious literature. All of which the Warden very properly confiscated, but the money was kept, and used for the prisoner's benefit. "When Thraske had worne out his cloathes and desired other, the Lord Chauncellor bid the Warden buy for Thraske some cloathes, which was done accordingly, even soe much as Thraske desired; the Warden alsoe gave him money to buy wyne for his comforte at tymes." And, in the long run, the poor Warden declares that he was about £80 out of pocket by his prisoner.
The last charge we will investigate, is that of "Excessiue rates of Chambers." (No. 13 on the list of 19) "Whereby orders no man ought to pay for any Chamber, the Warden allowing bed and bedding, aboue 2s. 4d. a weeke, he exacteth 8s., 10s., 13s. 4d. and of some twentie shillings a weeke without bedding." The Warden replies to this that "the Orders of the Prison are, That noe Parlor Comoners and Hall Comoners must lye two in a Bedd like Prisoners, They of the Parlor at ijs. iiijd. the weeke. They of the Hall at xiiijd. If any such will lye in the Prison then there is noe question of their payment, nor any more required. But the missery is this that none there will pay at all, but stand upon it that they should pay nothing, which is contrary to right, to Custome, and to usage.... Ano 1597. The Prisoners then Articling against the Warden Sett forth that one Prisoner paid xxxs. others xxs., xvs., xiis., xs. a weeke for Chamber without Bedd. The Warden then made his Answeare to the Comittees that he took xs. a Chamber, and the rest was for more chambers than one, and in respect of Dyett, though they had none, but fetched it abroad.
"Soe if Prisoners will have more ease than ordinarie, and a Chamber or two for themselves and theirs in the Warden's howse, they are by the orders and Constitutions to Compound with the Warden for it, it being the Warden's freehould, and demyseable.... To such prisoners as lye two in a Bedd, the Warden is to find them Bedd, and for Bedd and Chamber they are to pay. Whether by Bedd is meant all furniture of Bedding, that is to be doubted, for it was never put in practise; but as for those which lye in the Warden's freehould by agreement he is not bound to find them Bedd or Bedding except it be so conditioned. And such will hardly vouchsafe to lye on the comon Bedding which passeth from Man to Man; And the Warden can as hardlie buy a new Bedd for every new prisoner which cometh, and therefore the lodgings of ease were provided for men of quality and not for the mean sorte of prisoners, as the accusation would seeme to inferre; And when Mr. Chamberlayne informed against the Warden touching Chambers, All the cheife gentlemen in the Fleete certified under their hands that they held their Chambers by agreement to have a Chamber alone to each, and were contented with the rates."
That the Wardenship of the Fleet was an onerous position, may be inferred from Harris's statement that "he hath had at one tyme the King's prisoners for two hundred thowsand[108] pounds debt, besides the affayres of State."
That the office of Warden of the Fleet was of very ancient origin we have seen in the case of Nathanael de Leveland, and he also proves that it was heritable, for he, and his family, had held it for 130 years, and more. And it had a far-reaching jurisdiction, for in the 3 Eliz.[109] we learn that "Upon an adjournment of the term to Hertford, several prisoners were committed to the Castle there. This Castle was part of the Duchy of Lancaster. The Queen had granted a patent to A. of the Custody of this Castle for his Life; resolved by the Judges that the Warden of the Fleet shall have the Custody there of the Prisoners committed by the Chancery, Common Pleas and Exchequer: For he is the Officer of those Corts; and although the Patentee has the Custody of the Castle, and though it be the Prison of the County, yet his interest ought to give place to the public weal, and common justice."
In course of time, the Wardenship became a position which was openly sold; and our old friend Harris makes no secret of it. "They likewise alledge that Io Elizabeth it was purchased by Tirrell at the rate of 160 li. per annum and that long after it was held at 100 li. per annum, and refused for 200 li. But now that (thorough extortion) there is made 4,000 li. per annum by the relation delivered to one Mr. Shotbolt.
"To which is answeared, that the purchase paid by Tirrell, (as appears by the deed inrolled) was 6,000 markes or 4,000 li. which, if it be devided at tenne or twelve yeares purchase, being more than an office of that nature was worth in those dayes (which is above three score yeares past) it will bring 400 li. tenne yeares purchase, and therefore here is sutor ultra crepidam, for 160 li. at that rate would yeild but 1,600 li. in money, and there was not then the fift part of the buildings and lodgings which now are.