Juvenile Offenders for a Thousand Years

Selected Readings from Anglo-Saxon Times to 1900

Wiley B. Sanders

• Publisher: The University of North Carolina Press
• Year: 2018
• ISBN:
  9781469647999
• Topic: Law
• Subtopic: Criminal Law
• Index: Law

Although much is being published on the subject of juvenile delinquency, this volume of selected British and American source material provides something new. It includes material so old that it is practically unknown to present-day social scientists and also old material of a local nature that has never had wide circulation. Originally published 1970. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

PART I

England, Scotland, and Australia, 688-1898

Delinquent Children under Anglo-Saxon Laws

Benj. Thorpe (ed.), Ancient Laws and Institutes of England (London, 1840), pp. 47, 85, 103 (Brit. Mus.)

I. The Laws of King INE [688 A.D.-725 A.D.]

Of Stealing

7. If any one steal, so that his wife and his children know it not, let him pay LX. shillings as ‘wite.’ [punishment]. But if he steal with the knowledge of all his household, let them all go into slavery. A boy of X. years may be privy to a theft….

II. THE LAWS OF KING AETHELSTAN [924 A.D.]

(A) Council of Greatanlea.

Of Thieves

1. First: that no thief be spared who may be taken ‘handhaeb-bende,’ [i.e. with the goods in his hand] above XII. years, and above eight pence. And if any one so do, let him pay for the thief according to his ‘wēr,’ [pretium nativitatis] and let it not be the more settled for the thief, or that he clear himself thereby. But if he will defend himself, or flees away, then let him not be spared. If a thief be brought into prison: that he be XL. days in prison, and then let him be released thereout with CXX. shillings, and let the kindred enter into ‘borh’ [security] for him that he evermore desist. And if after that he steal, let them pay for him according to his ‘wēr,’ or bring him again therein: and if any one stand up for him, let him pay for him according to his ‘wēr,’ as well to the king as to him to whom it lawfully belongs: and let every man of those who there stand by him pay to the king CXX. shillings as ‘wite’ …

(B) Judicia Civitatis Lundoniae.

Twelfth:

1. That the king now again has ordained to his ‘witan’ [assembly] at^* ‘Witlanburh,’ and has commanded it to be made known to the archbishop by bishop† Theodred, that it seemed to him too cruel that so young a man should be killed, and besides for so little, as he has learned has somewhere been done. He then said, that it seemed to him, and to those who counselled with him, that no younger person should be slain than XV. years, except he should make resistance or flee, and would not surrender himself; that then he should be slain, as well for more as for less, whichever it might be. But if he be willing to surrender himself, let him be put into prison, as it was ordained at ‘Greatanlea,’ and by the same let him be redeemed.

2. Or, if he come not into prison, and they have none, that they take him in ‘borh’ by his full ‘wēr,’ that he will evermore desist from every kind of evil. If the kindred will not take him out, nor enter into ‘borh’ for him, then let him swear as the bishop may instruct him, that he will desist from every kind of evil, and stand in servitude by his ‘wēr,’ But if he after that again steal, let him be slain or hanged, as was before done to the older ones.

3. And the king has also ordained, that no one should be slain for less property than XII. penceworth, unless he will flee or defend himself….

The City of London Chamberlain’s Court, or the City Custom of Apprenticeship, 1299—

[A] A. H. Thomas (ed.), Calendar of Plea and Memoranda Rolls, Preserved among the Archives of the Corporation of the City of London at the Guild-hall, A.D. 1364-1381 (Cambridge: At the University Press, 1929), pp. 16, xl, xlvi.

… The City Chamberlain’s Court for dealing with offences of master’s and apprentices was in existence in 1299. Cal. of Early Mayor’s Court Rolls, pp. 46-8. Next year the procedure was regulated, two Aldermen being associated with the Chamberlain for the purpose of ensuring that all indentures were registered at Guildhall, and for taking fines from apprentices. More serious cases were brought before the Mayor’s Court by bill or petition. See Cal. of Letter Book C, p. 78, and Cal of Early Mayor’s Court Rolls, pp. 82-3….

CITY CUSTOM OF APPRENTICESHIP

It has been noted above that already in 1299-1300 there was a considerable body of City law and custom regulating apprenticeship. This was enlarged and defined by civic ordinances, by case and statute law, and by such ordinances of the misteries as were sanctioned by the Courts of Aldermen and Common Council and therefore were enforceable in the courts.

A primary qualification for apprenticeship was that a boy or girl should be of free condition and not a villein….

In the 15th century it was usual to insist that all apprentices should be English born….

A further limitation was temporarily introduced by the Statute 7 Henry IV c. 17 which, after confirming the Statute of Labourers and 12 Ric. II. c.3, recites how children from the country were put as apprentices at the age of twelve years in towns^*….

The apprentice for his part, was expected to be obedient, industrious and orderly, and he must not waste his master’s goods. If it were a serious matter he could be sued in the Mayor’s Court; for small breaches of discipline he was brought before the Chamberlain—committals by the Chamberlain to Newgate or Bridewell continued within living memory….

[B] Evans Austin, The Law Relating to Apprentices, including those Bound According to the Custom of the City of London (London, 1890), pp. 110-11.

CH. V. LONDON (CITY) APPRENTICES

The jurisdiction of the Chamberlain over apprentices is founded on custom, and only extends to those bound to freemen of the city, and according to the “custom of London.” His Court is an intermediate Court below the Mayor’s Court, and if he cannot settle a dispute in his Court he remits the matter to the Mayor’s Court, and there an action is brought on the covenants of the indenture. In any matter arising in the Chamberlains Court, carried or remitted to the Mayor’s Court, the parties concerned may, if they desire it, have the matter submitted to a jury. The Chamberlain sits as a magistrate in his Court, and hears the cases that are brought before him on a summons previously taken out by the complainant, and, after hearing the evidence, adjudicates. The Chamberlain’s Court is, in fact, a Court of arbitration between master’s and their apprentices, for the Chamberlain generally gives advice, and endeavours to settle the disputes, rather than exercise the powers of punishment which are vested in him; and it is only after repeated cautions and admonitions that he really does so. He usually admonishes the parties, and lets the case stand over for a fortnight or so, and, as a rule, the parties in the meantime come to a better understanding, and nothing more is heard of the case. This jurisdiction extends to all kinds of disputes between master’s and apprentices….

[C] Sir William Maitland, History of London (1739), p. 433.

[PRISONS FOR APPRENTICES]

On each side of the steps ascending to the Mayor’s Court are situate the Hall-Keepers Offices….

Underneath these offices are two prisons, denominated Little-Ease, which appellation was given to them for the lowness of their ceilings, whereby the prisoners are oblig’d to sit on the floor during their confinement. The persons for whom these prisons were erected are the City apprentices, who in cases of obstinacy are thither committed by the Chamberlain of London, till they submit themselves to their injur’d Masters, by begging pardon for their past offences.

[D] P. E. Jones, The Corporation of London. Origin, Constitution, Powers and Duties (Oxford University Press, 1950), pp. 90-91.

CHAMBERLAIN’S COURT

For many centuries the Chamberlain has exercised a jurisdiction in respect of apprentices bound by the London indenture, the terms of which are peculiar to the City.

… Decisions of the Chamberlain’s Court have been questioned by mandamus and upheld in the superior Courts and their jurisdiction has been preserved by modem statutes, 30 & 31 Viet., c. 141, s. 24 and 38 & 39 Vict., c. 90, s. 131. A kindly master much preferred to proceed here than to invoke the stigma of a police court prosecution.

Generally the Chamberlain sought to smooth out difficulties rather than pronounce judgements. He preferred to arbitrate or admonish and only when these measures proved unavailing did he commit to prison, and even then was ever ready to release the penitent. In the middle of last century the Clerk of the Chamber stated that he, personally, was able to “arrange” five cases out of six without troubling the Chamberlain. Commitals to Bridewell in 1830 were 40, by 1850 the number had decreased to 20, and the last apprentice was detained there in 1916. True apprenticeship in the City is now rare and cases are few. Recent disputes brought before the Chamberlain have related to the refusal of an apprentice to work overtime, bad time-keeping, irregular attendance, unlawful use of an apprentice as a menial or to run errands, and lack of instruction.

At one time apprentices sent to Bridewell were permitted to mingle with vagrants and other prisoners confined there. Segregation of apprentices in sound-proofed cells was arranged in 1800. When Bridewell prison was closed and the Hospital reconstituted as King Edward’s School, the Corporation insisted that some provision should be made for the reception of recalcitrant apprentices. The scheme approved by the Charity Commissioners in 1860 required the Governors to reserve three rooms at Blackfriars for apprentices committed from the Chamberlain’s Court. A subsequent scheme of 1931 reduced the number of rooms to two, each of which was furnished with a bedstead, iron washbasin, desk, and chair. It was customary for a copy of Bunyan’s Pilgrims Progress to be placed upon the desk.¹

Delinquent Children in the Sixteenth Century: Illustrative Cases

Charles Wriothesley (Windsor Herald), A Chronicle of England During the Reigns of the Tudors, from A.D. 1485 to 1559, edited by William Douglas Hamilton (Printed for the Camden Society), Vol. I, M.S. 11 (1875), pp. 73, 134-35; Vol. II, p. 129.

This yeare, the 29 of Januarie [1537/8] was arreigned at Westminster in the afternoone a boye of Mr. Culpepers, Gentleman of the Kings Privie Chamber, which had stolne his maisters purse and £11 of money, with a jewell of the Kinges which was in the same purse, and there condemned to death; but the morrowe after when he was brought to the place of execution, which was at the ende of the tylt yeard afore the Kinges Pallace at Westminster, and that the hangman was takinge the ladder from the gallowes, the Kinge sent his pardon for the sayde boye, and so he was saved from death, to the great comforte of all the people there present, &c….

This yeare, the 17th of March [1542], was boyled in Smithfeild one Margret Davie, a mayden, which had poysoned 3 househouldes that she dwelled in, one being her Mrs, which dyed of the same, and one Darington and his wyfe, which also she dwelled with in Coleman Streat, which dyed of the same; and also one Tinleys wyfe, which dyed allso of the same….

Mundaye the first of Julie [1555] John Bradford and a boye were brent [burnt] in Smythfielde for heresie.¹

John Calvin’s Catechism Describes the Punishment for Disobedient Children, 1556

John Calvin, The Catechisme or Manner to teache children the Christian religion, wherin the Minister demandeth the question, and the childe maketh answere. Made by the excellent Doctor and Pastor in Christes Churche, John Calvin ([Pub.] By John Crespin, 1556), p. 74 (Brit. Mus.)

THE MINISTER

And what is to be sayd of them that be disobedient unto father and mother?

THE CHILDE

God will not onely punish them with everlasting payne in the day of judgement, but he will execute also punishmente on theyr bodyes here in thys worlde; eyther by shortnynge their life, eyther by procuring them a shameful death, either at the least a life most miserable.

London City Council Bars Delinquent Children from Inheriting from Their Parents, 1580

Orders Taken and Enacted, for Orphans and their Portions (Imprinted at London for Gabriel Cawood, Anno MDLXXX). [Black Letter—not paged] (Brit. Mus.)

Forasmuch as the Citie of London, is of late yeres sore decayed, and dayly is lyke to decaye, more and more: A great cause and occasion whereoff among other, hath ben, for that free men’s children, (Orphanes of the sayd Citie) sometimes in the lyves of their Parents, and sometimes after their deceases, being lefte wealthy and rich, doe bestow themselves in ungodly Marriages, for the most part in their young age, at their owne wills and pleasures, without the consent and against the mindes of their friends, saying and affirming, that the Law and custome of the said Citie giveth unto them their portions, whether they mary by the assent of their friends or not (and so do daily cast away and undoe themselves, in trust to have their saide portions, whether their parents or friends will or will not. And thereby doe they bestow themselves upon simple and light persons, having neither cunning, knowledge, substance, ne good or honest conditions. By reason where-off, such Orphanes, inordinately, and insolently, do spende and consume their patrimony and portions in short time, not only to the undoing of themselves, and to the great ignomie and shame of their friends, but also to the great slaunder of the Lord Mayor and Aldermen of this citie (who bene reputed and taken as Fathers and Protectors of the same Orphanes) and to the great losse and hinderaunce of the sayd Citie.

And forasmuch as the sayd Lord Mayor and Citizens; have by theyr lawes and customes, power and authoritie to make lawes and ordinances, by their common counsaile, for redresse of the same. It is therefore now (to the intent to reduce the same to a more godly, more profitable and decent order and conformitie) by the said Lord Mayor, and Communaltie, and Citizens, in this present common counsayle assembled, and by authoritye of the same common Counsaile, enacted, ordeined, authorized, and established for a Law perpetually to be observed and kept wi...

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Dedication
• Acknowledgement
• Contents
• Introduction
• PART I. England, Scotland, and Australia, 688-1898
• PART II. American Colonies and the United States, 1641-1900
• The First Juvenile Court in Chicago (Cook County), Illinois, 1899-1900