


Introduction
The study of crime and the prison system in England through time necessarily requires a historical approach. Much more than simply recording facts, a historical study reveals how criminals, prison, and punishment fit into society. The fields of history and cultural studies have not always had a positive relationship with one another. Some historians were wary of focusing so much on a certain place and studying it as a text. This sort of tension led to a split between culturalists and structuralists. Structuralists mostly focused on analyzing a main text to learn about a culture whereas culturalists placed more emphasis in human action as a powerful force which could possibly change the course of history. Many historians fell into the culturalist camp, including the influential E. P. Thompson. Thompson has contributed to the field of social history. His main achievement has been to draw attention to the working class and the culture of common people. This view changed the study of history by moving scholarly focus away from the elite minority and toward the common majority. The cultural studies scholar Michel Foucault also contributed to cultural studies and history by studying power structures. Though Foucault was interested in studying the French prison system, his work has also impacted British cultural studies. The term “politics” when used in a cultural studies context refers to the way in which power is distributed in a society. It necessarily involves a consideration of class in the power structure and examines how the common class often becomes marginalized by the wealthy few. Focusing on these aspects of cultural studies regarding crime in England reveals how crime impacted common people and how power dynamics influenced the development of the prison system and punishment.
History
Punishment in England has an interesting history. Just after Roman times, fines were the normal method of punishment and executions were rare. More women were executed than men because men were needed for defense while women were seen as unnecessary. After the year 1000, executions were still few and far between but brutal punishments such as loss of the eyes or mutilation were often inflicted. The 13th century saw criminals being outlawed. It also marks the first use of the hanging, drawing, and quartering method in England for those guilty of treason. The late 1200s probably marks the beginning of the use of the stocks and pillory for less serious offenses. During the Tudor period, punishment became more gruesome. Surgeons were allowed to keep the bodies of executed criminals for research purposes. Religious crimes were more seriously persecuted during the Tudor era and many heretics were burnt at the stake. During the 18th century, criminals were often subjected to hard labor so that they would be deterred from committing a crime in the future. The crime rate was escalating, and no organized police force existed to prevent it. The “Bloody Code” of the 18th century added over 150 crimes to the list of capital offenses, but in reality the Code was often applied loosely to prevent so many executions from taking place. The Transportation Act was passed in 1718 and allowed for criminals to be transported to the Americas and later Australia. Other convicts were forced to work on prison hulks on the Thames in appalling conditions. The prison and punishment system faced criticisms during the 18th century which eventually led to improved prison conditions and an organized police force. In 1965, capital punishment was abolished in the United Kingdom as it still is today.
The study of crime and the prison system in England through time necessarily requires a historical approach. Much more than simply recording facts, a historical study reveals how criminals, prison, and punishment fit into society. The fields of history and cultural studies have not always had a positive relationship with one another. Some historians were wary of focusing so much on a certain place and studying it as a text. This sort of tension led to a split between culturalists and structuralists. Structuralists mostly focused on analyzing a main text to learn about a culture whereas culturalists placed more emphasis in human action as a powerful force which could possibly change the course of history. Many historians fell into the culturalist camp, including the influential E. P. Thompson. Thompson has contributed to the field of social history. His main achievement has been to draw attention to the working class and the culture of common people. This view changed the study of history by moving scholarly focus away from the elite minority and toward the common majority. The cultural studies scholar Michel Foucault also contributed to cultural studies and history by studying power structures. Though Foucault was interested in studying the French prison system, his work has also impacted British cultural studies. The term “politics” when used in a cultural studies context refers to the way in which power is distributed in a society. It necessarily involves a consideration of class in the power structure and examines how the common class often becomes marginalized by the wealthy few. Focusing on these aspects of cultural studies regarding crime in England reveals how crime impacted common people and how power dynamics influenced the development of the prison system and punishment.
History
Punishment in England has an interesting history. Just after Roman times, fines were the normal method of punishment and executions were rare. More women were executed than men because men were needed for defense while women were seen as unnecessary. After the year 1000, executions were still few and far between but brutal punishments such as loss of the eyes or mutilation were often inflicted. The 13th century saw criminals being outlawed. It also marks the first use of the hanging, drawing, and quartering method in England for those guilty of treason. The late 1200s probably marks the beginning of the use of the stocks and pillory for less serious offenses. During the Tudor period, punishment became more gruesome. Surgeons were allowed to keep the bodies of executed criminals for research purposes. Religious crimes were more seriously persecuted during the Tudor era and many heretics were burnt at the stake. During the 18th century, criminals were often subjected to hard labor so that they would be deterred from committing a crime in the future. The crime rate was escalating, and no organized police force existed to prevent it. The “Bloody Code” of the 18th century added over 150 crimes to the list of capital offenses, but in reality the Code was often applied loosely to prevent so many executions from taking place. The Transportation Act was passed in 1718 and allowed for criminals to be transported to the Americas and later Australia. Other convicts were forced to work on prison hulks on the Thames in appalling conditions. The prison and punishment system faced criticisms during the 18th century which eventually led to improved prison conditions and an organized police force. In 1965, capital punishment was abolished in the United Kingdom as it still is today.
The beginning of the Clink Prison goes all the way back into Saxon times when a Synod required a place to keep misbehaving monks and friars. Specific punishments were already being dictated as early as 1076. The Clink was situated in Southwark and operated by the Bishop of Winchester. It became one of the earliest women’s prisons and some of the first inmates of the Clink were prostitutes. After the First Crusade, torture was inflicted on inmates of the Clink and various devices were used for these purposes. Conditions in the Clink remained horrendous. Prisoners had to beg through gratings to try to get food from passersby. The Clink was very dirty as well, and in 1378-79 filth was left in the courtyard for a period of at least 31 weeks. The dungeon was a particularly brutal place, as prisoners kept here were usually physically harmed and sometimes even left to die. Beginning in 1352, the Clink could now hold debtors until their debt was paid off. Punishments became even more brutal in the Tudor days. The Reformation beginning in the 1500s initiated a long lasting religious conflict, and the Clink began housing religious prisoners. During the 17th century prisoners were commonly sent to the colonies rather than prison. The Clink decayed into the 1700s and was eventually burnt down during the Gordon Riots of 1780.
Prisons
Four major purposes can be identified for using prisons. Prison is designed to punish people who have done something wrong. It also acts as a deterrent to keep others from committing crime. Ideally, prisons can also be places of reform where prisoners change their ways and emerge as valuable members of society. Finally, prisons keep dangerous criminals off the street and the public safe. The prison system itself reveals the values of the society operating the prison. Certain groups are usually represented in prison more than other groups. These dynamics show which groups have been marginalized by the social elite. Prisons reveal which people society wishes to punish and how severe society wishes those punishments to be. To a large extent, prisons are symbolic reminders of the rules which all citizens must follow. Early prisons were often constructed in the middle of towns so that all the people could see them. Prisons keep people aware of what actions are punishable and what sorts of punishment are distributed.
Prisons of today are very different from older prisons like the Clink. Prior to the 1600s, prison was not seen as a form of punishment. Rather, prison was a place to hold people in debt or others waiting to be tried or executed. If a prisoner had money he or she could pay jailers in exchange for more a more comfortable imprisonment which might involve extended family visits or lighter shackles. Early prisons sometimes were run by individuals to make a profit. The Clink was run for a long time by the Bishop of Winchester for his own gain. The prisoners were watched by any available public servant, typically from the lower class. Other times, the constable kept watch over the prisoners while his wife provided the prisoners with food (although usually only for a fee). The idea of exile as a form of punishment evolved from the removal of prisoners to the colonies and led to prisons becoming a form of punishment, not just a place to hold those waiting to be punished. The modern prison as we know it emerged for two reasons. Certain influential people became troubled by the awful conditions inside prisons and felt that prison life needed to be improved. In addition, more upstanding people began to work in jails. Eventually, the Prison Act of 1877 improved prison conditions in England and organized the prison system as a whole.
The Clink, however, was long gone when the Prison Act was passed and only knew the horrible conditions associated with the early English prisons. Both men and women were kept in the Clink. Many of the women were prostitutes as prostitution was common in the area around the Clink. Most of the people imprisoned in the Clink were poor or common people, although some religious prisoners were held at the Clink once the Reformation ignited religious conflict. Common thieves, pimps, ruffians, debtors, actors, political prisoners, and even fiddlers were also held at the Clink. Class relations played a role within this prison, as money could often buy prisoners better conditions. Upon payments, jailers would frequently give prisoners lighter shackles or even remove shackles altogether. Prisoners with money could buy adequate food while the destitute lived with a fear of starving and often without enough clothing. One jailer was so corrupt that a priest, instead of being punished for his beliefs, was actually allowed to say Mass in the Clink. The elite classes would have dominated English government and determined which people got arrested and what punishments should be inflicted for various crimes. Unpaid debts or thievery were not accepted in this society. There was a concern for morality as prostitution was one of the most punished crimes in the Clink. Religious dissidence became intolerable during the Tudor period as Protestants and Catholics took turns facing persecution. Any other radical opinions having the potential to cause a collapse in the monarchy were punished as well. Fiddlers often faced imprisonment for this very reason, as authorities worried that their satirical tunes might provoke unacceptable opinions.
Punishment
Punishment was a major part of the prison experience for many inmates. The conditions in prison alone were often a form of punishment- in at least one instance in the Clink a prisoner was so poor and hungry that he captured rats, let them fatten up, and ate them to stay alive. Several torture devices were on display at the Clink Prison Museum. The Whipping Bench was a place for prisoners to be whipped, as the name suggests. When sent to the Torture Chair, prisoners had their arms and legs strapped to the chair and were often tortured with tongue pullers or chisels for limbs. The stocks were used to punish minor offenses, such as drunkenness and dishonest trading. The pillory was also used for minor offenses, although if its occupant was very unpopular they ran the risk of having objects thrown at them which might prove fatal. More painful punishments were inflicted with the Boot which crushed the foot. The Collar was worn around the neck and lined with spikes. These spikes usually caused pain as well as sleep deprivation.
Certain punishments were primarily used on female prisoners. An ordeal by fire required a woman to walk on hot ploughshares. If no damage was caused, then the woman was deemed innocent. Obviously, damage would have always been caused by the hot ploughshares. Women had a virtually impossible task in trying to prove their innocence because they lacked social prominence and lived in a society dominated by men. Once a woman was found guilty, she was usually given a different sentence than a man would face. She would be “gently mutilated” which could involve branding her cheek, forehead, or breast with a hot iron, having her nose split open or hands chopped off. In the most extreme cases, a woman had two ropes tied to her, one tied to each side of her body. Horses would then pull on each rope so that the woman’s body would be torn apart. Henry VIII legalized boiling to death as a means of execution. Though the first victim of this new brutal execution style was a man, it was usually used on women who had killed their husbands or committed other major offenses. Women lacked any representation and most rights, and were punished in such a way that reveals their inferior social status.
For serious felonies, criminals were sentenced to death by execution. Execution was usually a public affair which crowds gathered to watch. Hanging was the most common form of execution in England. For cases of treason, offenders were hanged, drawn, and quartered. This meant that they would be hung by the neck until almost dead, cut down at which time several of their organs would be removed and they would be disemboweled, and finally their body would be cut into four parts. These parts were usually displayed at different locations throughout England to deter others from committing treasonous acts. The heads of traitors were usually displayed as well and the most noteworthy traitors had their heads displayed on London Bridge. London Bridge employed a Keeper of the Heads to oversee the displaying of these heads. The nobility, because of their high status, were privileged and allowed to be executed by beheading with an axe or sword. Many of these noble and even some royal executions by beheading took place on Tower of Green just outside the Tower of London. Although these beheadings receive much attention, they only constituted a small portion of executions.
Conclusion
Prison and punishment have been central features of life in England for a long time. When examined through a history from below perspective favored by E. P. Thompson, it becomes clear that poor people and women were the major groups to suffer under the prison system. They were not represented simply because of class issues. Power was concentrated within the small elite class. Members of this class often operated prisons for their own gain or more frequently decided on ways to punish various crimes. The penal system reflected a gap between the common and poor people and the upper class, and a further disparity between women and men. For the masses, prison was a reminder of their lack of power and of their daily struggle to live in a society with rules dictated by the wealthy. Public executions especially involved the masses in the punishment system, as these events were often treated as special entertainment. Prison and the penal system were both an imposing fright as well as an entertaining sport for the common people of England.
Sources Used:
Brandon, David and Alan Brooke. London: The Executioner’s City. Stroud: Sutton
Prisons
Four major purposes can be identified for using prisons. Prison is designed to punish people who have done something wrong. It also acts as a deterrent to keep others from committing crime. Ideally, prisons can also be places of reform where prisoners change their ways and emerge as valuable members of society. Finally, prisons keep dangerous criminals off the street and the public safe. The prison system itself reveals the values of the society operating the prison. Certain groups are usually represented in prison more than other groups. These dynamics show which groups have been marginalized by the social elite. Prisons reveal which people society wishes to punish and how severe society wishes those punishments to be. To a large extent, prisons are symbolic reminders of the rules which all citizens must follow. Early prisons were often constructed in the middle of towns so that all the people could see them. Prisons keep people aware of what actions are punishable and what sorts of punishment are distributed.
Prisons of today are very different from older prisons like the Clink. Prior to the 1600s, prison was not seen as a form of punishment. Rather, prison was a place to hold people in debt or others waiting to be tried or executed. If a prisoner had money he or she could pay jailers in exchange for more a more comfortable imprisonment which might involve extended family visits or lighter shackles. Early prisons sometimes were run by individuals to make a profit. The Clink was run for a long time by the Bishop of Winchester for his own gain. The prisoners were watched by any available public servant, typically from the lower class. Other times, the constable kept watch over the prisoners while his wife provided the prisoners with food (although usually only for a fee). The idea of exile as a form of punishment evolved from the removal of prisoners to the colonies and led to prisons becoming a form of punishment, not just a place to hold those waiting to be punished. The modern prison as we know it emerged for two reasons. Certain influential people became troubled by the awful conditions inside prisons and felt that prison life needed to be improved. In addition, more upstanding people began to work in jails. Eventually, the Prison Act of 1877 improved prison conditions in England and organized the prison system as a whole.
The Clink, however, was long gone when the Prison Act was passed and only knew the horrible conditions associated with the early English prisons. Both men and women were kept in the Clink. Many of the women were prostitutes as prostitution was common in the area around the Clink. Most of the people imprisoned in the Clink were poor or common people, although some religious prisoners were held at the Clink once the Reformation ignited religious conflict. Common thieves, pimps, ruffians, debtors, actors, political prisoners, and even fiddlers were also held at the Clink. Class relations played a role within this prison, as money could often buy prisoners better conditions. Upon payments, jailers would frequently give prisoners lighter shackles or even remove shackles altogether. Prisoners with money could buy adequate food while the destitute lived with a fear of starving and often without enough clothing. One jailer was so corrupt that a priest, instead of being punished for his beliefs, was actually allowed to say Mass in the Clink. The elite classes would have dominated English government and determined which people got arrested and what punishments should be inflicted for various crimes. Unpaid debts or thievery were not accepted in this society. There was a concern for morality as prostitution was one of the most punished crimes in the Clink. Religious dissidence became intolerable during the Tudor period as Protestants and Catholics took turns facing persecution. Any other radical opinions having the potential to cause a collapse in the monarchy were punished as well. Fiddlers often faced imprisonment for this very reason, as authorities worried that their satirical tunes might provoke unacceptable opinions.
Punishment
Punishment was a major part of the prison experience for many inmates. The conditions in prison alone were often a form of punishment- in at least one instance in the Clink a prisoner was so poor and hungry that he captured rats, let them fatten up, and ate them to stay alive. Several torture devices were on display at the Clink Prison Museum. The Whipping Bench was a place for prisoners to be whipped, as the name suggests. When sent to the Torture Chair, prisoners had their arms and legs strapped to the chair and were often tortured with tongue pullers or chisels for limbs. The stocks were used to punish minor offenses, such as drunkenness and dishonest trading. The pillory was also used for minor offenses, although if its occupant was very unpopular they ran the risk of having objects thrown at them which might prove fatal. More painful punishments were inflicted with the Boot which crushed the foot. The Collar was worn around the neck and lined with spikes. These spikes usually caused pain as well as sleep deprivation.
Certain punishments were primarily used on female prisoners. An ordeal by fire required a woman to walk on hot ploughshares. If no damage was caused, then the woman was deemed innocent. Obviously, damage would have always been caused by the hot ploughshares. Women had a virtually impossible task in trying to prove their innocence because they lacked social prominence and lived in a society dominated by men. Once a woman was found guilty, she was usually given a different sentence than a man would face. She would be “gently mutilated” which could involve branding her cheek, forehead, or breast with a hot iron, having her nose split open or hands chopped off. In the most extreme cases, a woman had two ropes tied to her, one tied to each side of her body. Horses would then pull on each rope so that the woman’s body would be torn apart. Henry VIII legalized boiling to death as a means of execution. Though the first victim of this new brutal execution style was a man, it was usually used on women who had killed their husbands or committed other major offenses. Women lacked any representation and most rights, and were punished in such a way that reveals their inferior social status.
For serious felonies, criminals were sentenced to death by execution. Execution was usually a public affair which crowds gathered to watch. Hanging was the most common form of execution in England. For cases of treason, offenders were hanged, drawn, and quartered. This meant that they would be hung by the neck until almost dead, cut down at which time several of their organs would be removed and they would be disemboweled, and finally their body would be cut into four parts. These parts were usually displayed at different locations throughout England to deter others from committing treasonous acts. The heads of traitors were usually displayed as well and the most noteworthy traitors had their heads displayed on London Bridge. London Bridge employed a Keeper of the Heads to oversee the displaying of these heads. The nobility, because of their high status, were privileged and allowed to be executed by beheading with an axe or sword. Many of these noble and even some royal executions by beheading took place on Tower of Green just outside the Tower of London. Although these beheadings receive much attention, they only constituted a small portion of executions.
Conclusion
Prison and punishment have been central features of life in England for a long time. When examined through a history from below perspective favored by E. P. Thompson, it becomes clear that poor people and women were the major groups to suffer under the prison system. They were not represented simply because of class issues. Power was concentrated within the small elite class. Members of this class often operated prisons for their own gain or more frequently decided on ways to punish various crimes. The penal system reflected a gap between the common and poor people and the upper class, and a further disparity between women and men. For the masses, prison was a reminder of their lack of power and of their daily struggle to live in a society with rules dictated by the wealthy. Public executions especially involved the masses in the punishment system, as these events were often treated as special entertainment. Prison and the penal system were both an imposing fright as well as an entertaining sport for the common people of England.
Sources Used:
Brandon, David and Alan Brooke. London: The Executioner’s City. Stroud: Sutton
Publishing Ltd., 2006.
Burford, E. J. “A short history of the Clink Prison”
Clink Prison Museum
Coyle, Andrew. Understanding Prisons: Key issues in policy and practice. New York:
Burford, E. J. “A short history of the Clink Prison”
Clink Prison Museum
Coyle, Andrew. Understanding Prisons: Key issues in policy and practice. New York:
Open University Press, 2005
Turner, Graeme. British Cultural Studies: An Introduction. 3rd ed. New York: Routledge, 2003.
Turner, Graeme. British Cultural Studies: An Introduction. 3rd ed. New York: Routledge, 2003.