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Influence of the religious orders

In the Middle Ages the Church founded religious orders which bound themselves by vow to the redemption of captives; the Trinitarians, or Mathurins, established in 1198 by St. John of Matha and Felix de Valois, and the Nolascans, founded in 1223. In Spain, France, and especially Italy, there were, moreover, associations or confraternities labouring to improve the condition of prisoners: the Confraternità della Misericordia and the Compagnia di Santa Maria della croce al Tempio detta de Neri at Florence, the Pia Casa di Misericordia at Pisa, the Casa della pietà at Venice, etc. Besides the prisons depending on the State, there were prisons under the control of the religious authorities. Each convent had one or at times two prisons in which religious were incarcerated. The term of imprisonment was temporal or perpetual. The culprit had to do penance and amend his ways. He was isolated and often chained. Generally the discipline was severe; not unfrequently corporal punishment was added to incarceration and the prisoner put on bread and water. The Church had the right to punish clerics for penal offences and had its own episcopal prisons, but from the middle of the sixteenth century, as a result of the changed relations of Church and State, the privilegium fori disappeared and the State resumed its right of punishing clerics in non-religious matters. In the episcopal prisons clerics were treated more gently than were the monks in convent prisons, nevertheless in certain cases the discipline was very rigorous. The Church had jurisdiction also over the laity in offences of a religious character. Finally, it created a new procedure, differing from the ordinary, viz. The inquisitorial procedure in cases of heresy. Imprisonment was the severest punishment the inquisitors could inflict directly. According to the inquisitional theory, it was not really a punishment, but a means for the culprit to obtain pardon for his crimes, and to amend and be converted, while close supervision prevented him from infecting the rest of the flock. The prisoners were subjected to two regimes: the severe and the milder; but, in either case, the captive was given only bread and water; he was confined to a cell, and forbidden all communication, though the latter provision was not strictly enforced. Those under the milder discipline could, if they behaved well, take a little exercise in the corridors, a privilege granted also to the aged and infirm. Those condemned to the severe regime were cast fettered into a narrow dark cell; sometimes they were chained to the walls. The prisons were constructed without any regard to the health or convenience of the inmates, and the condition of the latter was wretched. The Inquisition sometimes commuted or remitted the punishment. The remission was ad tempus, for a longer or shorter period, according to the case.

Modern prison reforms

In spite of these efforts to better the prison system in earlier days there was much room for improvement in the buildings, diet, and discipline. Usually the main object of the authorities was to punish rather than to reform the culprit. Not unfrequently the greatest criminals and persons convicted of trifling offences were imprisoned together. Fortunately, after the construction of St. Michael's prison by Clement XI, the development of cellular imprisonment went on uninterruptedly. From Central Italy the movement spread towards Northern Italy, to Turin (erection of the House of Good Counsel, 1757), Venice (1760), Milan, where Empress Maria Theresa established in 1759 a house of correction containing 140 cells, 25 of which were for women and 20 for children. From Milan the system, as might be expected, was introduced almost immediately into the Austrian Low Countries where Maria Theresa's efforts were earnestly seconded by Viscount Jean Vilain XIV, Burgomaster of Ghent (Vicomte Vilain XIV, "Mémoires sur les moyens de corriger les malfaiteurs", Brussels, 1841). At his suggestion the celebrated prison of Ghent, finished in 1775, was erected (Holtzendorf, "Handbuch", I, pl. 3, gives the plan of this prison). The system adopted there was isolation by night and work in common by day. Moreover a division of the culprits according to juridical and moral classification was seriously undertaken.

A general change in prison discipline was effected through the efforts of John Howard the philanthropist, b. in 1726 at Hackney, London (Rivière, "Howard, sa vie, son oeuvre" in "Revue pénitentiaire", 1891, pp. 662 sqq.; Howard-Wines, "Punishment and Reformation", 122 sqq.; Krohne, "Lehrbuch"; Cuche, "Traité de science et de législation pénitentiares", 304). Having visited the prisons of England, Germany, France, Italy, Portugal, Turkey, and North America, he published in 1744 a remarkable work, "State of the prisons in England and Wales with preliminary observations and an account of some foreign prisons". Howard described the wretched conditions of the prisons: imprisonment in common without regard to age or sex, want of space, bad food, damp and vitiated air, want of light, filth, immorality, the use of spirituous liquors, gambling with cards and dice. After noting the evils, he proposes the remedies. It is on a religious training of the prisoners that he relies most for a reform; the second great means is work; he holds that society is bound by the ties of brotherhood and even by the hope of reclaiming the culprit, to provide him with proper food and subject him to a hygienic regime; he favoured the separation of gWww Nakedprisoner Szh Archives Tag %E4%B8%96%E7%95%8C%E6%8E%92%E5%90%8D%E7%AC%AC%E4%B8%80%E7%9A%84%E5%A4%A7%E5%AD%A6 Naked Prisoner CATHOLIC ENCYCLOPEDIA: Prisonsx v Naked Prisoner Naked Prisoner nWww Nakedprisoner Szh Archives Tag %E4%B8%96%E7%95%8C%E6%8E%92%E5%90%8D%E7%AC%AC%E4%B8%80%E7%9A%84%E5%A4%A7%E5%AD%A6 Naked Prisoner CATHOLIC ENCYCLOPEDIA: Prisonsx o Naked Prisoner