Selected quad for the lemma: cause_n
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A65663
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England's calamities discover'd with the proper remedy to restore her ancient grandeur and policy / humbly presented by James Whiston.
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Whiston, James, 1637?-1707.
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1696
(1696)
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Wing W1686; ESTC R15115
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21,142
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42
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Britton fol. 18. whereof the Prisoner dieth this is Felony in the Goaler by the Common Law And this is the Cause That if a Prisoner dye in Prison the Coroner ought to sit upon him See also the said Cook Flet. lib. 1. c. 26 Fol. 34. cap. Petty-Treason how Prisoners are to be used wherein is also an account of an Indictment of a Coaler for evil usage of his Prisoner fol. 35. in Trin. 7. E. 3. cor Rege rot 44 -That whereas one R. B. of T. was taken and detained in the Prison of Lincoln Castle 1 E. 3. cap. 7. for a certain Debt of Statute-Merchant in the Custody of T. B. Constable of the Castle L. aforesaid That the said T. B. put the said R. into the Common Goal amongst Thieves in a filthy Prison contrary to the form of the Statute c. and there detained him till he had paid him a Fine of 40 s. Whereupon Cook makes this Observation So as hereby it appeareth where the Law requireth that a Prisoner should be kept in safe and sure Custody yet that must be without any Pain or Torment to the Prisoner So Co. 3. Inst 52. saith If a Prisoner by Duress that is hard usage of the Goaler cometh to untimely Death this is Murther in the Goaler and in the Law implieth Malice in respect of the Cruelty Horn in the Mirror of Justice p. 288. saith That it is an Abusion of the Law that Prisoners are put into Irons or other Pain before they are Attainted See also Cook 3. Inst 34.35 And Horn also p. 34 35. reckons the starving of Prisoners by Famine to be among the Crimes of Homicide in a Goaler Vox plebis part 1. f. 55 56. Which also Cook in his 3. Inst chap. 29. Tit. Felony in Goalers by Duress of Imprisonment c. by Statute and by the Common Law Fol. 91. And next let us see what the Law saith for the Fees due to Goalers The Mirror of Justice pag. 288. tells us That it is an Abusion of the Law that Prisoners or others for them pay any thing for their Entries into the Goal or for their Going out This is the Common Law there is no Fee due to them by the Common Law See what the Statutes say The Statute of Westin 1. cap. 26. saith That no Sheriff or other Minister of the King shall take Reward for doing their Offices but what they take of the King if they do they shall Suffer double to the Party aggrieved and be Punished at the Will of the King Under this Word Minister of the King are included all Escheators Coroners Goalers c. as Cook 2. Inst fol. 209. affirms And agreeable is Stampf pl. Coron 49. Nay by the Statute of 4. E. 3. cap. 10. Goalers are to receive Thieves and Fellons taking nothing by way of Fees for the Receipt of them So odious is this Extortion of Goalers that very Thieves Felons are exempt from payment of Fees And we find in our Law-Books That no Fees are due to any Officer Goaler or Minister of Justice but only those which are given by Act of Parliament for if a Goaler will prescribe for any Fees the Prescription is void because against this Act of Parliament made 3 E. 1. being an Act made within time of Memory and takes away all manner of pretended Fees before and we are sure none can be raised by colour of Prescription since And therefore we find by the Books of 8. E. 4. fol. 18. That a Marshal or Goaler cannot detain any Prisoner after his discharge from the Court but only for the Fees of the Court the Court being not barred by this Statute of Westm 1. aforementioned and if he do he may be Indicted for Extortion And agreeable to this is the Book of 21 F. 7. Fol. 16. where amongst other things it 's held for Law That if a Goaler or Guardian of a Prison takes his Prisoner's proper Garment Cloak or Money from him it is a Trespass and the Goaler shall be answerable for it So that we may undeniably conclude That there is no Fee at all due to any Goaler or Guardian of a Prison from the Prisoner but what is due unto him by special Act of Parliament And if a Goaler or Guardian of a Prison shall take any thing as a Fee of his Prisoner he may and ought to be Indicted of Extortion and upon Conviction to be removed from his Office and if his Prisoner by Constraint Menace or Duress be enforced to give him Money he may recover that Money against the Goaler again in an Action of the Case at Common Law Item Stat. 23. H. 6. Chap. 10. The King considering the great Perjury Extortion and Oppression which be and have been in this Realm by his Sheriffs Under-Sheriffs and their Clerks Stat. 4. H. 4.5 Bailiffs and Keepers of Prisons c. hath Ordained by Authority aforesaid in eschewing all such Extortion Rast Predict fol. 318. Perjury and Oppression That no Sheriff shall let to Farm in any manner his County nor any of his Bayliwicks Nor that any of the said Officers and Ministers Cook Predict 365. by occasion or under colour of their Office 21 H. 7. fol. 16. shall take any other thing by them nor by any other person to their use profit or avail of any person by them or any of them to be Arrested or Attached for the omitting of any Arrest or Attachment to be made by their Body or of any person by them or any of them by force or colour of their Office Arrested or Attached for Fine Fee Suit of Prison Main-prize letting to Bail or shewing any Ease or Favour to any such Person Arrested or to be Attached for their Reward or Profit but such as follow That is to say For the Sheriff 20 d. The Officer which maketh the Arrest or Attachment 4 d. And the Goaler of the Prison if he be committed to Ward 4 d. And that all Sheriffs Rast predict fol. 371 Bailiffs Goalers or any other Officer or Ministers which do contrary to this Ordinance in any point of the same shall lose to the Party in this behalf indammaged or grieved Stat. 21 Ed. 3. his treble Damages and shall forfeit the Sum of 40 l. for every such Offence the one Moiety to the King the other to the Prosecutor to be recovered at Common Law in either of the Courts of King's Bench or Common-Pleas at Westminster This is a perfect Account of the Goalers Fees in all Cases where Persons are laid in Prison upon Civil Matters and Causes which Fee of 4 d. is more then any other Statute or Law allows them to take from their Prisoners But in such Cases where the King is Party it s Established that the Prisoners in all the King's Prisons should be maintain'd at the King's Charge and out of the Kings Revenues according to the Old Law of the Land Much less to have Money extorted from
se bene gesserit viz. As long as he does Honestly demean himself and lies liable to be turned out for Misdemeanours when neither the Patron or Lord he holds from would uphold him in In-justice nor indeed could he himself Reasonably Complain of being punisht for it AND Lastly What could the City speak more Magnificent in History than to bestow her Places upon good Men some of her own Members unfortunately fallen to Decay who would Naturally be Content with the Lawful and Modest Gains of their Employments On the Contrary what more Dishonourable than to sell her poor Citizens to be Dilaniated and Macerated by the hand of Injustice and for Money to make Slaughter-Houses and Shambles of her Houses of Restraint which were built at the City's Charge For a City so fairly deckt with the Jewels of Freedom and Priviledge to Sell the last Remains of Prisoner's Comfort For in Selling a Goalers place c. it Sells the Liberty the Estate the Person nay the very Life of the Prisoner under his Jurisdiction Seeing that through the cruelty of the Prison-keepers such great numbers of poor People have been stript to their naked Skin and when all was gone have been Suffocated in Holes and Dungeons to the loss of many of their Lives Dishonour of our Nation and Scandal of the Christian Religion FOR is it not think ye a goodly Sight to behold the Tears of the poor congealed by a Frost of neglected Charity and Injustice into a Pearl glittering in the Ears of such or such a Lady To see the Scarlet of the Receiver's Magistracy dyed with the Blood of helpless Innocents or the purchase of Extortion And to see some that ought to be the chief punishers of Iniquity drinking Healths of forgetful Plenty in Hundred pound Goblets the Price of their own Infamy ONE considerable Advantage that would follow the so much desir'd prevention of the Sale of Places is That the Civil Government would not find her Offices so over-stock'd with her mortal and implacable Enemies I mean such as in the Late Reigns imployed their utmost Power in introducing upon the Nation an Arbitrary and Tyrannic Sway and since this Revolution have endeavoured to obstruct the Kingdoms true Interest and Welfare IS it not an indelible Reproach to the Government to see so many of her Offices now fill'd and supply'd with those very Men who for several Years together were throwing Dirt in her Face and Ridiculing and Deriding the Constitution it self Neither have they yet tho' imploy'd by the Government given any Evidence of their change of Principles but retain still the same Sentiments and Inclination to serve their Old Master as they frequently call him when a favourable Opportunity presents it's self on his behalf Is it possible to believe that these Vipers thus every where croud themselves into places of Trust for any other purpose but only to carry on the same Designs Clandestinely which they found they had not Power enough to effect Openly It is indeed their Master-piece of Policy and that which has done their cursed Cause more Service than all the Strength and Courage of the Faction cou'd otherwise be ever able to accomplish By this means the King and Parliament's Endeavours have been so continually Disappointed our Publick Undertakings Embarrass'd our Councils Discover'd and Designs Defeated Thus does the Government indiscernably receive her Mortal Wound from the very Hand she Nourishes who under the Hypocritical Mask of Serving her Interest strikes her to the very Heart AND in Fine 'T is by this Door only that all Men of whatever denomination are admitted into a Government And this Consideration is of greater Importance than most are aware of For as it is a certain Inlet to unavoidable Dangers which every prudent State wou'd endeavour to prevent so it reflects on the Wisdom of our Government to suffer the Safety of their Persons and the Peace and Happiness of the Subjects to be exposed to the Lust and Malice of every Rich and Villainous Purchaser ANOTHER Inconvenience that follows the Allowance of what 's here Complain'd of is That not only many of the King's Enemies are let into places of Trust but what is more deplorable many of his real Friends are utterly lock'd out There are several even in this City who have given such Instances of their Affection to His Majesty and firm Adherence and Fidelity to the Constitution of the present Government as cannot possibly fall under any Doubt or Question who partly by other occasional Accidents are reduced almost to Insupportable Necessities Now is it not Inhumane as well as Unreasonable to suffer so many Honest Well-affected Persons to Starve for want of Employment who wou'd be glad to accept of any of the meanest Offices for a meer Lively-hood and Subsistance only because their Pockets are not large enough to purchase that to which their Vertues and Abilities had before given them an unquestionable Right and Claim Is not this sufficient to discourage any Man from deserving well of a Government which makes no distinction between her Friends and Enemies but indifferently Sells her Favours to the fairest Chap-man THE prodigious Multiplication of Officers also is no inconsiderable Grievance of the Publick and the natural result of corrupt Practice of Selling of Offices For when the Superiour have once tasted the Sweets of this sort of Dealing they are easily induced to believe that Business may better be dispatch'd by more Hands and so unnecessary Officers are trump'd up as often as they have Occasion to give a Portion with a Daughter or Match a Son or want to make up a Sum to purchase the remaining part perhaps of a poor Clients Estate after the former has been spent in Council's Fees and paying the extravagant and exacted Fees and Charges of their several Courts and Offices AND by this means all the numerous Officers belonging to and depending on the Law who were at first no doubt designed for the Service of the Public in the Administration of Justice and the defence of the Rights and Liberties of the People are now by this Lewd Toleration of the Buying and Selling of Places become so desperately Wicked that they seem to be joyn'd in Unanimous and direct Conspiracy to Rob and Defrand the rest of Mankind and Violate all the Rules of Justice and good Policy But tho' we have been so Earnest and Vehement in pleading the Cause of the poor oppressed Prisoners c. Yet let us not altogether pass by without some just Reflections the heinous Injustice that is every day done to the Poor and helpless People at Liberty THERE is one Remark that we have made that very well deserves the most serious and solemn Consideration of the Magistracy of the Honourable City of London It is this Before this City was so miserably over-spread with Corruption and Covetousness it was a Custom no less Honourable in it's Institution than extreamly Useful and Christian in it's end for the Two and Fifty