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Reilly, S. A.

"Our Legal Heritage : 600-1776 King Aehelbert - King George III"

The Court of Common Pleas
agreed on appeal and put the burden of proof on the persons
searching to justify the search warrant. His decision gave support
to William Pitt's assertion that "every man's home is his castle".
There were felons' prisons and debtors' prisons. Sometimes they
were one and the same. There was much fighting among inmates. The
inmates slept on hay if lucky. There were no washing facilities
and little light. Counties or friends paid for their bread. They
were also sold beer, which made them drunk and riotous. The sale
of beer was a recognized and legitimate source of profit to the
keeper. This was remedied by statute of 1760 that no sheriff or
other officer may take an arrested person to a tavern or other
public house or charge him for any wine, beer, ale, victuals,
tobacco or other liquor without his consent and shall allow
prisoners to be brought beer, ale, victuals, bedding, and linen as
the prisoner sees fit. Sheriffs often kept people imprisoned
unless and until they paid all their fees due to the sheriff. In
1772 was founded the Society for the Discharge and Relief of
Persons Imprisoned for Small Debts for those inmates unfortunate
instead of fraudulent or extravagant. Legacies were often made to
debtors. There was much Gaol Distemper fever with fatal
consequences. When John Howard, a grocer who had inherited wealth,
but poor health, became a sheriff, he visited many gaols.


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