The Vicaria Prison of Naples, the largest of the Kingdom, was housed
in the cellars of Castel Capuano from 1537, when the Viceroy Pedro de
Toledo determined that the various law courts scattered throughout the
Capital should be concentrated in one place.1 However, the Viceroy’s
aim of centralizing the administration of justice was fully implemented
only in 1540, when the four wheels of the Vicaria (two criminal and
two civil) – the Collaterale, the Sommaria, the Zecca, and the Bagliva –
were brought together and began functioning in the new premises.2
Meanwhile the prison, serving as a drain to collect “all the woes of the
Kingdom”, had – as we have seen – already been functioning for some
years. In 1692 Carlo Celano wrote:
Under these Courts of Law are the prisons; and there have at times
been as many as two thousand prisoners or more, for incarcerated
here are not only the prisoners of the City, but also of the entire
Kingdom.3
The area serving for imprisonment was occupied by vast rooms and
broad corridors where the prisoners were separated according to the
type of crime they had committed; these rooms also housed the poor
and the homeless. A description of these places was provided in a long
Report, dated 1674, on the State of the prisons of the G.C. of the Vicaria
of Naples before the year 1609 and the changes brought about and main-
tained to the present year of 1674 by the permanent commission instituted
by the Fathers of the Society of Jesus and the constant protection accorded
to the mission by the ministers of the Kingdom. This report, conserved by
23
24 Francesca De Rosa
a little air, unhealthy as it may be, to escape from the smoke in the
passageways where almost everyone cooked over wood fires, and the
foul-smelling atmosphere of the rooms, much like dark and dreadful
caves, black and full of cobwebs.5
held together by chains tight round their necks like animals, they
were dragged there on foot and looked more dead than alive.6
they put out the light and some of the newcomers had their feet
burnt with paper soaked in oil, others were beaten, and none were
able to rest.7
The food, distributed daily, consisted of seven pieces of bread and some
water for each prisoner, although, on payment, there was also the option
of a hot meal in a tavern on the premises, enjoying cooked food by day
and going hungry only by night.8
No beds were provided in the sleeping quarters – a circumstance that
raised the prisoners’ mortality rate, with particularly high peaks in the
winter months9. A few privileged prisoners could have a bed of their
own, brought there, on payment, from their homes; others could rent
The Vicaria Prison of Naples 25
a bed, but few could take advantage of this option, the rate for a single
night being very high. The system was controlled by
Gambling, rigged card games and dice were generally tolerated, and
veritable gambling dens were created, brawls continually breaking out,
possibly ending in murder.11
In order to play a part in this “criminal society”, the prisoners needed
money, which was readily obtained by stealing from the newcomers:
thefts were so frequent that no sooner was some poor wretch impris-
oned than he was immediately stripped of his clothes to be sold to
the bystanders; they were so skilfully stripped that the hapless victims
had no time to realise what was being done to them, and even if
they had realised they would not have been able to report the theft
for fear of retaliation, fearing even that they might be killed in the
ambushes that were customary in those places. Very often the pris-
oners themselves went on committing their crimes within the prison,
having by then formed a very profitable internal criminal society; life
outside the prison would not have afforded them such convenient
conditions as they found in their confinement, where everything was
allowed with the connivance of the jailers.12
Money was needed not only for the pleasures of hot meals or gambling
but also to enjoy the services of the “free women”, who haunted the
prison unimpeded; a practically licit form of liberty.13
Subsequent to the intervention of the Jesuits, who sought to provide
assistance to the Vicaria prison, a spiritual transformation came under
way, but change was also coming about in material terms. One of the first
steps taken by the Jesuits was to divide the prisoners into Congregations;
a prison chapel was then created with capacity for about three hundred
people, and a library was set up. The division of the prisoners into
congregations resulted, among other things, in the poor prisoners being
separated from the nobles.14
In 1618 a congregation was created in the name of the Holy Trinity to
bring succour to
the women under sentence and the young prisoners and the poor
prisoners lying sick in the Royal Infirmary.15
26 Francesca De Rosa
The principal aim of the Jesuits was to eliminate all the “promiscuity”
that was so customary in the prison; the nobles were separated from
the “commoners”, the young from the elderly and, finally, the men
from the women. With the aim of stemming the prison’s staggering
mortality rate, measures were taken to improve the hygienic and health
conditions on the premises: in the case of prisoners’ suffering from
pneumonia, hospitalization was authorized in the Royal Infirmary in
order to contain contagion. The Jesuits chose to organize the system,
introducing a special rule for alms for the maintenance of the facility
and the prisoners. To ensure fair distribution of the offerings the pris-
oners would be summoned, assembling for a “rolecall” to receive their
share of the money raised thanks to the various confraternities and
religious institutions at work in the Kingdom’s capital.16 The procedure
for trials also came from an initiative on the part of the Jesuits; we read
in the Report that greater incentives were introduced for the provision
of free legal aid to the more impoverished prisoners by the counsel for
the poor.17
evidence to determine with any certainty the reasons for Serra’s intern-
ment or how long it lasted. On the basis of certain 19th-century sources,
we can go no further than a few tentative suppositions. In 1802, in his In
praise of Antonio Serra. First writer on Civil Economy,21 Salfi not only sang
fulsome praise of the author of the Brief Treatise, who hailed from his
own city, but also provided a description of the political situation in the
Kingdom in those years. Together with his references to Serra’s evident
merits, expressed with a touch of provincial pride, Salfi also discussed
the reasons that had led to Serra’s incarceration, associating them with
the plot hatched by Campanella with the aim of proclaiming Calabria a
republic, with the help of the Ottomans. Salfi’s assumption was subse-
quently taken up in drafting various biographical entries on Serra. In
particular, in the Biography of the Illustrious Men of the Kingdom of Naples,
Giuseppe Boccanera da Macerata, author of the entry on Serra, coming
to the reasons why the author of the Brief Treatise was imprisoned,
observed that it was indeed highly likely that Antonio Serra had taken
part in the plot planned by Campanella, offering as evidence not only
the simultaneous occurrence of events – both Serra and Campanella
being imprisoned in those years – but also the fact that the plot had
its origins in Calabria, Serra’s homeland.22 Up until the end of the 19th
century, a series of biographers gave this version of the events, while
Luigi Amabile, having pieced together a picture of the events connected
with the plot on the archival evidence, writing on Campanella in 188223
published a number of documents in which the name of Antonio Serra
appeared. In particular, one of these contained reference to a certain
prisoner named Antonio Serra, but without the title of doctor, accused
of producing counterfeit money.
In the Kingdom, counterfeiting was a very common crime, and
indeed the Prammatica (i.e. Sanction) VIII De Monetis, issued in 1609,
was conceived with the precise intention of putting a stop to the innu-
merable disorders breaking out over the counterfeiting of money. There
had already been a great many Prammatiche to address the practice of
counterfeiting or clipping coins, thereby reducing their real value, but
despite the severe sentences passed on counterfeiters and clippers, there
was no effective fall in the incidence of the crime. Prammatica VIII deter-
mined the punishment for this crime, establishing, in the first place, the
sentence of three years of galea (i.e. in the galleys) for commoners guilty
of passing counterfeit money and three years of confinement for the
nobles, on top of which came a fine which was divided between the
Treasury and the Royal Ministry.24
28 Francesca De Rosa
of Vicaria. Particularly interesting are the various orders sent to the head
jailer by the Grand Court, requiring that for the
the nightly procedure was to close the courtyard of the said prison,
where by day the Prisoners would linger, and so to inspect all the suspi-
cious places, and, having safely locked up the courtyard, all the Heads
of the Dormitories, both of the Nobles and of the Common People,
and of the passageways, as well as the renters of beds were obliged to
report if anyone was missing from their places or rooms; in such a case
action was to be taken with due diligence and the procedure was to be
straightforward. It was thus ordered that when a certain hour of the
night struck all had to return to their rooms or the places where they
habitually spent the night, after which the rooms and halls were locked
from the outside, admitting no exception to the rule. All persons in the
habit of frequenting those places for gambling or any other reasons
were to be accompanied outside, and after completing inspection of
the places, if there were any absences, the disappearance was to be
reported immediately in order to be able to inform the Regent residing
on the premises of the Grand Court and the prison.30
The “safekeeping” of the prison was the object of a great many orders
issued by the Grand Court of the Vicaria. After the first years of large-
scale intervention by the Jesuit fathers, a gradual rift came about between
the spiritual side of the assistance, which they remained in charge of,
and the formal control of the Prison, which came within the compe-
tence of the Vicaria Tribunal. The Grand Court was in charge of the
control activities, ensuring order and respect for the rules; surveillance
of the premises was also extended to the surrounding areas, and in 1628
a squad was organized to keep watch over the outer limits of the prison,
their duty being “to patrol around the Tribunal all night long”.31
Another document offering significant evidence is, again, conserved in
the BNN, under the title Instructions for the sound governance of the prison,
infirmary and penitentiary, and again, it was Zapata who called for them
in 1621.32 The Instructions reiterated the prohibitions already officialized
on various occasions – forbidding, for example, blaspheming, causing
The Vicaria Prison of Naples 31
pay for their sojourn in prison but were also obliged to hand over sums
of money to the “old-timers”, as we have seen; a special Prammatica had
been issued to address this problem, but it was regularly disregarded.
Ample evidence of the abuse that prisoners endured emerged from the
prisoners’ accounts and appeals, but the government, aware as it was of
the circumstances, failed to arrive at the appropriate measures to curb
these criminal practices.
The series of Prammatiche issued between the mid 16th century and the
end of the 17th century served only to harshen the sentences, without
tackling the problem of the prison as a whole – without any analysis of
the circumstances and factors that led to such corruption – thus having
no real effect on the existing criminal system.
Actually, scant importance was attached to the prison issue because
it constituted a sort of self-enclosed system where a rationale based on
corruption created a circuit to the advantage of a fortunate few who were
by no means inclined to relinquish the power that they had gained.40
Notes
1. On Castel Capuano and its history, cfr. Petroni, G., Del Gran Palazzo di Giustizia
a Castel Capuano in Napoli, Naples: Stamperia e Cartiere del Fibreno, 1861;
Garrucci, G., Il Castel Capuano e le sue storiche vicende invertito poi dal 1540 a
sede de’ Tribunali, Naples: Stamperia della R. Università, 1871; Capasso, B., La
Vicaria vecchia, pagine di storia napolitana, studiata nelle sue vie e nei suoi monu-
menti, in Archivio Storico per le Provincie Napoletane, XV (1890), pp. 632–635;
Lernia, L. and V. Barrella, Castel Capuano. Memoria storica di un monumento da
fortilizio a Tribunale, Naples: Edizioni Scientifiche Italiane, 1993; Mangone,
F., ed., Castel Capuano da Reggia a Tribunale. Architettura e arte nei luoghi della
giustizia, Naples: Massa Editore, 2011.
2. On the Court of the Vicaria, cfr. Pescione, R., Le Corti di giustizia nell’Italia
meridionale, Milan-Rome-Naples: Società editrice Dante Alighieri, 1924, in
particular, pp. 77 ff. A number of provisions entitled De Carceris were issued
between 1540 and 1577 with the aim of curbing the abuses, violence and
bullying perpetrated in the Kingdom’s prisons; cfr. Giustiniani, L., Nuova
collezione delle Prammatiche del Regno di Napoli, Naples: nella Stamperia
Simoniana, 1804, pp. 141–143.
3. Celano, C., Notizie del bello dell’antico e del curioso della città di Napoli, ed.
Chiarini, G.B., Naples: Stamperia Floriana, 1856, vol. II, tome I, p. 376;
Giannone, P., Istoria civile del Regno di Napoli, V, Naples: Lombardi, repr. 1865,
p. 496: “He also had a prison built in the cellars under the castle and had all
the prisoners that had been in the old Vicaria brought there in their hundreds,
and all those that were incarcerated in the various prisons. He ordered that
in this palace should be accommodated the president of the Supreme Court
(Sacro Consiglio), and the officer in charge of the Sommaria, and the Regent
of the Vicaria with a judge of criminal cases. This amalgamation proved
34 Francesca De Rosa
immensely convenient for the tradesmen, who had formerly had to go all
over the city for the various offices but now, with all of them concentrated
in that castle, were able to expedite their business with great facility. And
this was not the only advantage, since the neighbourhood had hitherto been
virtually uninhabited but now became much frequented and populated”. On
the prison of the Vicaria in the 17th century, cfr. Scaduto, M., Le carceri della
Vicaria di Napoli agli inizi del Seicento, in Redenzione umana, VI, n. 4, October
1968, p. 393 ff.
4. The printed Report is conserved in the Library of the Società Napoletana di Storia
Patria (henceforth SNSP), Banco Nap. 01. D. 29, p. 3. The writer of this text
evidently emphasized certain aspects, mixing description of the actual facts and
functioning of the places with the Jesuits’ pastoral mission to change them.
Indeed, Aurelio Lepre argues that the Report is not entirely credible, permeated
as it is with religious sentiments. At the same time, however, our knowledge of
these places is, in fact, very limited, and the report contains useful evidence to
piece together the picture. It was also extensively quoted by Scaduto in his text on
the Vicaria prison, although he drew on the manuscript source, thanks to which
we can identify the dedicatee, namely the Jesuit General Muzio Vitelleschi: cfr.
Scaduto, M., 1968, passim. Reference to the Report can also be found in Lepre, A.,
Storia del Mezzogiorno d’Italia. vol 1. La lunga durata e la crisi (1500–1656), Naples:
Liguori editore, 1986, p. 135. On the Society of Jesus, cfr. Santagata, S., Istoria
della Compagnia di Gesù appartenente al Regno di Napoli, Naples: nella Stamperia
di Vincenzo Mazzola, MDCCLVII, parts III and IV.
5. SNSP, Relazione sullo stato delle carceri, cit. p. 4.
6. Ibid., p. 3.
7. Ibid., p. 8.
8. Ibid., p. 8.
9. M. Scaduto, M., 1968, p. 394.
10. Relazione sullo stato delle carceri, cit. p. 7. In relation to the bed renting procedures,
the Report mentions various Notices for the prisoners who can rent beds, in which
the terms were set for payment. In charge of payment in 1611 was the preceptor
of the Vicaria, while the rate per bed could not exceed three grana (pp. 143–144);
with the Proclamation of 27 March 1619, payments were to be made to the
Company of bed renters; on this point, cf p. 194. A Proclamation of October 1629
made provision that the price of a bed could not exceed three grana and that
the credit accorded a prisoner could not extend beyond three nights; for anyone
who favoured prisoners by extending credit beyond that period, the punish-
ment was to be fifteen days in prison; cfr. p. 196 of the Report.
11. Ibid., p. 8. The Report cites the Order of the Grand Court of the Vicaria, dated
12 July 1613, prohibiting dice games and indeed any other game on the
prison premises. This prohibition applied to the area in front of the chapel in
the prison courtyard. Ibid., p. 60.
12. Ibid., p. 14
13. Ibid., p. 5.
14. The first congregation of the poor was named after the Madonna del Carmine,
while that of the nobles bore the name of Congrega dell’Annunziata. Cfr.
Vitale, G., Ricerche sulla vita religiosa e caritativa a Napoli tra Medio Evo e Età
Moderna, in the Historical Archive for the provinces of Naples, V. VII–VIII,
(1968–1969) p. 210 ff.
The Vicaria Prison of Naples 35
34. BNN, ms. XV. C. 41., Ordine della Vic. A per la Visita delle Carceri al Car.ro
Magg.re.
35. Cfr. Giustiniani, L., Nuova collezione delle Prammatiche del Regno di Napoli,
Naples: nella Stamperia Simoniana, 1804, Tome III, pp. 148, 150, 156, 157,
in particular Sanctions XV of 1645, XVI of 1657, XVIII of 1680 and XIX
of 1687.
36. Archivio di Stato di Napoli (State Archive of Naples; henceforth ASN), Camera
di Santa Chiara, Bozze di Consulta, V.17, inv. 55. As from 1738 intervention
by the Bourbon Crown led to prohibition of the practice of torture and of
the underground pits for isolation of the prisoners; there followed a succes-
sion of measures in accordance with the changes introduced in the judiciary
facilities following the trend to modernize the juridical systems. The pursuit
of modernization in the Kingdom entailed a sharp reduction in the ecclesi-
astical privileges which had burgeoned there. The expulsion of the Society
of Jesus in 1767, so dearly sought after by Bernardo Tanucci, and consequent
confiscation of the order’s property, constituted a great leap forward in the
secularization of the Kingdom, in line with the ideas proclaimed by the
exponents of Southern Italian and European illuminism; in this connection,
see the important studies by Ajello, R., Il problema della riforma giudiziaria e
legislativa nel Regno di Napoli durante la prima metà del secolo XVIII, Naples:
Jovene, 1961, passim, ID. La vita politica napoletana sotto Carlo di Borbone: la
fondazione e il ‘tempo eroico’, in Storia di Napoli vol. 7, Naples: Cava de Tirreni
1972, pp. 461–717.
37. Alessi Palazzolo, 1977, passim.
38. Bianchini, L., Della Storia delle finanze del Regno di Napoli, vol. I, Palermo:
Lao, 1839, p. 240; “the conditions reigning in the Kingdom’s prisons were
always bleak. In the city of Naples the prisons were located mainly in places
belonging to private estates, and the jailers paid rent to the private owners;
to bear this cost they demanded payment of a certain sum by the prisoners ...
[I]t is to be noted that the food supplied to the prisoners in 1601 was calcu-
lated at the rate of about four grana a day”.
39. Coniglio, G., Visitatori del Viceregno di Napoli, Bari, Tipografia del Sud, 1974,
passim.
40. On this point, cfr. Volpicella, F., ‘Delle prigioni’, in Annali civili del Regno delle
due Sicilie, marzo-aprile 1833, pp. 114–121.