Legal Definitions - carcelage

Carcelage refers to historical fees that prisoners were required to pay for their incarceration. These charges could cover various aspects of their imprisonment, such as their food, lodging, or even the costs associated with their release.

• Example 1: In 18th-century England, a tailor imprisoned for unpaid debts found himself in a debtor's prison. Beyond his original debt, he was charged a daily rate for his meager food and the straw bed he slept on. His family struggled to gather funds not only for his initial debt but also for these additional prison fees to secure his release.

  Explanation: This scenario illustrates carcelage as the direct cost of sustenance and lodging imposed on the prisoner during their confinement, which had to be settled before freedom could be granted.

• Example 2: A merchant in a 15th-century German city was detained overnight in the local dungeon for breaking a minor market ordinance. The next morning, before he was allowed to leave, the jailer demanded a small payment for the "lodging" and "service" of his brief stay.

  Explanation: This demonstrates carcelage applying even to short detentions, covering the basic costs of holding a prisoner, often directly benefiting the jailer or the local authority.

• Example 3: During the American colonial era, a wealthy individual awaiting trial in a local jail might have paid extra fees to the jailer. These payments could secure better quality food, a private cell, or even a candle for reading, beyond the standard, often squalid, provisions.

  Explanation: This example shows carcelage extending beyond basic necessities to include payments for improved conditions or amenities within the prison, highlighting how such fees could vary based on a prisoner's ability to pay and the jailer's discretion.