The Sherriff's covenant with the Gaoler. The building of a new gaol.

 

 

There is not, so far as we have found, any detailed information as to the administration of the Horsham gaols before 1640 except such as can be found in the following;

 

" A covenant made between Thomas Pelham, Esq., High sheriff of Sussex and one Nychclas Lintott when he was gaolkeeper, 19th December of the xxxiith (sic) Elizabeth."

 

This however is an important document and I give it in full. The actual spelling is as on the document so as not to dilute the originality and perspective of the covenant. For those of you who are new to reading this sort of document, please keep in mind that only few learned people could actually read and not many of those could spell with any great skill. However, one can follow the gist of such a document with little trouble.

 

' This Indenture made the xixth daye of December in the xxxiith (sic) yere of the reigns of our most gracyous Soveraigne Ladye Elizabeth by the grace of God of England Fraunce and Ireland Quene defender of the ffaight etcet. Betwene Thomas Pelham of Esthothligh in the Countye of Sussex Esq. '

 

' High Shereiff of the Countye of Sussex of thone partye and Nicholas Lyntott of Horsham in the Countye aforesaid Yoman on the other partye Witnesseth that the said Nicholas Lyntott Covenaunteth and graunteth for him his executors and Assignes by these Presents to and with the said Thomas Pelham his heires executors and assignes in manner and forme following that ys to saye ffirst the said Nicholas Lyntott covenaunteth and graunteth by these Presents that hee the said Nicholas Lyntott shall take uppon him and by these Presents doeth take uppon him the chardge & kepinge of the said Sheriffs Goale or Goales of & for the said Countye of Sussex & of all the prisoners that nowe be or herafter shalbe comytted to the same Goale for by & duringe all the terme & tyme that the said Thomas Pelham shalbe Shereiff of the said Countye of Sussex & untyll suche tyme as the said Thomas Pelham shalbe lawfullye discharged of the said Offyce of Shriffewicke of the said Countye of Sussex by and accordinge to the due order & Coursse of the lawes of this Realme and that the said Nicholas Lyntott & his deputies shall ffrom tyme to tyme duringe & by all the said tyme well & trulye & also saffely receave & kepe or cause to be saffely receaved & kept as he ought and maye by order of the lawes of this Realme within some convenyent stronge & suer (place) in the said Countye of Sussex all such prisoner & prisoners as the said Shereiff or his assigns shall to him comytt duringe suche tyme as the said Thomas Pelham shall continewe to be Shereiff of the said Countye and lyckwyse all such prisoner and prisoners as shalbe sent & delyvered to his said warde & keepinge by any Justice or Justices of Peace by any of her Majties honorable Counsaill or any other officer havinge auethoretie to comytt any Person to the said Shereiffs warde in for or owt of the said Countye. '

 

' And all suche person & persons as shalbe sent & comytted as prisoner or prisoners for the said Countye of Sussex wherwith the said Shereiff shall should or ought to be charged or answerable duringe the said tyme and as longe as the said Shereiff shalbe wth them or any of them chardged or chargeable for any mannere of cause or causes whatsoever by reason of his said offyce and also shall at all tymes and from tyme to tyme duringe the said tyme at his owne costs and chardges uppon a reasonable request to be made to him the said Nicholas Lyntott or his assigns by the foresaid Shereiff & his assign's satisfye & suerlye carrey & recarrey all the said prisoners to him commytted or at any tyme hereafter to be commytted or so manye of them as is necessarye to and from all the gaole delivereye as well speciall as generall as also to & from all manner of Sessyons Oyer & Terminer as other specyall Sessions Sittinges & commissions to be holden & kept within the said Countye of Sussex or to any other place or places whatsoever as often & when the said Shereiff shalbe commanded and charged duringe the said tyme that the said Thomas Pelham shalbe Shereiff of the said Countye

And further that hee the said Nicholas Lintot & his assygnes shall at his & their owne costs & charges cause all execucon or execucons of Judgements duelye truelye severallye & justlye to be done after the endinge of anye of thesaid Gaole delyveryes Sessions or other Commyssyons or by any other meanes of ordered of Judgments acccordinge to such ordered Judgement or commandement as shalbe geven or commaunded be yt by death or othcrwyse within the said Countye of Sussex. '

 

 

' And that the said Nicholas Lyntott his heires & executors shall from tyme to tyme safflye kepe and save harmeles the said Shereiff his executors adminstrators, & assignes as well against the Quenes Matie her heires, successors & assignes as against all other person & persons whatsoever of and for all manner of escape or escapes fines forfaitures & other penalties & amerciaments uppon the said Shereiff to be sett taxed assessed or demanded for any escape or escapes or for default of or in anye execution yf anyebe of anye of the prisoners that shalbe commytted or delyvered unto the sayde Nicholas Lyntott or his deputy or deputies by the said Shereiff Justice of the Peace or other haveing aucthoritie (as ys aforesaid) for by and duringe the tyme that the above named Thomas Pelham shall contynewe Shereiff or be charged with anye of the said prisoners. '

 

 

' And further that the said Nicholas Lyntott or his deputie shall delyver or cause to be delyvered unto the said Shereiff or his underShereiff at all tymes hereafter when they or eyther of them shall requier hme any prisoner or prisoners beinge commytted unto him as ys aforesaid for suche considerations as the said Shereiff or under-Shereiff shall thinke necessarie or convenyent havynge his warraunt under the Seale of offyce. '

 

And moreover the sayd Nicholas Lyntott his executors or assignes shall levye receave and take of all & evereye of the prisoners aforesaid all manner of fees due to the Clarcke of Assize & other officers for the said prisoners at the Gaole Delyverey or ether Secssyons wherewith the said Shereiff shall or maybe lawfully & justlye charged or chargeable and the same shall paye to the said clarcke & other officers and thereof shall acquict & discharge the said Shereiff his executors & assignes And further-more the said Nicholas Lyntott covenanteth & graunteth to & with the said Thomas Pelham that it shalbe lawful to & for the said Thomas Pelham now Shereiff or his underSherciff or any other his assignes at all tymes duringe his said Shereiffewicke unto the said Gacle to enter and to take a viewe, of all the prisoners remaynynge & beinge within the said Gaole and of them to make a Kalender at the pleasure of the said Shereiff. '

 

 

' And also that hee the said Nicholas Lyntott or his assignes shall at all tymes hereafter when he shalbe required by the said Shereiff or under Shereiff make and delyver or cause to be made & delyvered unto the said Shereiff or his underShereiff a true & perfict Kalandcr of all & everye suche prisoner as shalbe in the said Gaole as prisoner of the said Shereiff thither commytted and shall bayle nor delyver anye prisoner or prisoners commytted to his custody by virtute of anye process without warraunt from the said Shereiff or underShereiff under his seale of offyce ffor all which covenaunts promises & graunts on the behalfe of the said Nicholas Lyntott to be well and truelye Performed & kept the said Thomas Pelham covenaunteth & graunteth for him his executors, administrators & assignes to and with the said Nicholas Lyntott his executors administrators & assignes by these presentes that hee the said Thomas Pelham Shereiff and his underShereiff shall suffer the said Nicholas Lyntott & his deputies to take & receave to his owne use as well all the ffees called barr fees baile ffees and Gaole ffees of all & eyerye such prisoner & prisoners as shalbe brought into the said gaile delyveryes & other Sessyones of oyer & Terminer from the said Gaole as all ffees as aforesaid profitte & commonaletyes of evereye person and persons as shall appeare at any of the said Gaole delyvereyes or Sessyons of Oyer & Termyner by reason of any bayle or maynprice taken by anye Justice or Justices of Peace of the said Countye or any Justice & commytted toward to the said Shereiff or his deputie or deputyes or otherwise shall fortune to be due by reason of thappurtances of the same person or persons without anye accompte yeldinge therfore to the said Thomas Pelham his executors or administrators. '

 

 

' In wytness whereof the parties abovesaid to theise present indentures theire hands & seales eyther to other interchunge - ablye have sett the daye and yere first above written. '

 

' Sealed and delyvered in the presence of '

John Comber
George Hall
Robert Taylor
Nicholas Lyntott

Indorsed " an indenture betwene my father T.P. and the goler in Horsham."

 

 

From this covenant it will be seen that Nycholas Lintott undertakes the real and sole responsibility for the safe keeping and punishing of prisoners, and in connection with these duties assumes all the liabilities of the Sheriff whose office, so far as it relates to the gaol. he practically usurps by indemnification. There is no mention of a salary in the covenant: Nicholas Lintott farmed the gaol in his own way upon the fees and perquisites of the unlucky guests whom he held in his hands. He died in 1600.

 

As the years passed, Parliament continued from time to time to give some attention to prison regulation and in accordance with new statutory demands or permissions, the Sussex County Gaol received the attention of the proper local authorities.

 

 

 

 

 

 

 

 

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