That in the Counter there is room for thee”
William Fennor, The Counter’s Commonwealth
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Jonson was imprisoned in Newgate, one of London’s more notorious prisons, until his October court date when he pled guilty to the indictment. At his indictment, the playwright claimed “benefit of clergy”, an ancient legal loophole for literates that allowed “clergy” to escape or mitigate sentences by the secular legal courts in favour of the more lenient ecclesiastical courts. Jonson read the required “neck-verse” (Psalm 51) that demonstrated he could be considered “clergy”, was branded on the hand, and released.
London abounded with prisons.
Prisons were part of the febrile landscape of the city, a part and parcel of its existence, as much as palaces, markets, churchyards and cathedrals. They were as much a part of London as the steady bustle of commerce in Cheapside or the churning tidal flux of the Thames. They had age and substance and a long, checkered weight of history that was old even in Elizabethan times.
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Newgate was established in 1188 AD. The Fleet was built in 1197 AD, while the Clink dates back as far as 860 AD, originating as cells in a priest’s college operated by the Bishop of Winchester. The Wood Street Counter, Poultry Counter and Bridewell were all comparatively new prisons established in the mid-16th
century. Bridewell was one of Henry VIII’s palaces, and was passed to the City of London Corporation by the young and short-lived Edward VI to be used as an orphanage, a work-house and a place of correction for “disorderly women”.
How did you end up in an Elizabethan prison? It’s important to note that prison was not generally considered a punishment. It was where you were held to await punishment – whether that was payment of your debts, a public whipping, the stocks or the noose or any of the other highly inventive sentences that could be inflicted upon anyone found guilty. The most common reasons for imprisonment were debt and assault, although in truth virtually anyone with a grudge and coin could swear out a warrant and have someone arrested. One characteristic of Elizabethan-era constabulary was they often seemed to be infinitely swayable by mendacity and greed. Gamini Salgado, the author of the classic The Elizabethan Underworld, notes that the sergeants of the Watch were highly adept at playing the middle position, accepting payments and bribes from both the complainants and suspects, until one “outbid” the other.
Prisons themselves were very much a “pay-as-you-go” experience with various levels of accommodation suitable to a prisoner’s station and purse. The Counter had three levels of accommodation available – the Master’s Side, the Knight’s Ward and the Hole. The Master’s Side provided private accommodation, bedding and access to better quality food, but always at a steep price and requiring a continuous stream of payments to the wardens and Keepers of the prison. When coin ran out, the prisoner would be shifted to the Knight’s Ward, which was less accommodating but every bit a pernicious in separating the woeful prisoner from his coin. The last stop on this inevitable journey was the Hole, a brutal and squalid accommodation typified by the number of prisoners that died of disease, exposure and starvation.
Debtors, in particular, found imprisonment a significant problem. It was virtually impossible to work to pay off ones debts while being held, and, as noted, debts in prison generally only rose as the rapacious costs mounted. Philip Stubbes, author of The Anatomy of Abuses, noted “It grieveth me, the pitiful cries and miserable complaints of poor prisoners in durance for debt and like so to continue all their life, destitute of liberty, meat, drink…and clothing to their backs, lying in filthy straw and loathsome dung, worse than any dog…”
There are also instances of individuals of means deliberately entering into custody to escape creditors, claiming bankruptcy while living a comfortable life on the Master’s Side until the desperate creditors were willing to negotiate a much reduced settlement to at least reclaim some small remuneration.
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The Elizabethan penal system was rife with abuse and corruption, stemming mainly from the utterly inadequate remuneration provided to manage the prisons, supply victualing and day-to-day operations. The Clink, whose name became synonymous with imprisonment in general, was widely considered to be the one place in London you could be guaranteed to find a Catholic priest or a recusant. It is believed the name is in reference to the sound the fetters and chains made, audible through a barred and grated window that opened onto the street where prisoners could speak to family members and receive charitable alms.
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It is clear the London’s prisons remain not just a penal threat on the urban landscape, but a significant impact on the cultural development and impact of the Elizabethan age. Thomas Nash (who co-wrote The Isle of Dogs with Jonson), noted of the Counter, “a gentleman is never thoroughly entered into credit till he hath been there”, stating “Trace the gallantest youths and bravest revelers about town in all the by-paths of their expense, and you shall infallibly find, that once in their lifetime they have visited the melancholy habitation….there is no place of the earth like it, to make a man wise…I vow that if I had a son, I would sooner send him to one of the Counters to learn law, than to the Inns of Court or Chancery.”
There is no record of William Shakespeare having spent any time in London’s many prisons, though based on his many contemporaries experiences, it might be surprising if the Bard had not seen that “melancholy habitation” at some point in his long career.
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Dean, I'm fascinated by your research into Elizabethan England. My parents were born in England and they used the expression "the clink" for imprisonment. Now I understand why. Those were cruel times.
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