Home1810 Edition

GAOL

Volume 1 · 365 words · 1810 Edition

(Gaola. Fr. Geole, i.e. Caveola, "a cage for birds"), is used metaphorically for a prison. It is a strong place or house for keeping of debtors, &c., and wherein a man is restrained of his liberty to answer an offence done against the laws; and every county hath two goals, one for debtors, which may be any house where the sheriff pleases; the other for the peace and matters of the crown, which is the county goal.

If a goal be out of repair, or insufficient, &c., justices of peace, in their quarter sessions, may contract with workmen for the rebuilding or repairing it; and by their warrant order the sum agreed on for that purpose to be levied on the several hundreds, and other divisions in the county by a just rate, 11 and 12 Will. III. c. 19. See PRISON.

GAOL Delivery. The administration of justice being originally in the crown, in former times our kings in person rode through the realm once in seven years, to judge of and determine crimes and offences; afterwards justices in eyre were appointed; and fines, judgements of assize and gaol delivery, &c. A commission of gaol delivery, is a patent in nature of a letter from the king to certain persons, appointing them his justices, or two or three of them, and authorizing them to deliver his gaol, at such a place, of the prisoners in it: for which purpose it commands them to meet at such a place, at the time they themselves shall appoint; and informs them, that, for the same purpose, the king hath commanded his sheriff of the same county to bring all the prisoners of the gaol, and their attachments, before them at the day appointed.

The justices of gaol delivery are empowered by the common law to proceed upon indictments of felony, trepals, &c. and to order to execution or reprieve: they may likewise discharge such prisoners, as on their trials are acquitted, and those against whom, on proclamation being made, no evidence has appeared: they have authority to try offenders for treason, and to punish many particular offences, by statute, 2 Hawk. 24. 2 Hale's Hist. Placit. Cor. 35.