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A65663 England's calamities discover'd with the proper remedy to restore her ancient grandeur and policy / humbly presented by James Whiston. Whiston, James, 1637?-1707. 1696 (1696) Wing W1686; ESTC R15115 21,142 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