Selected quad for the lemma: cause_n
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A65666
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To the Honourable the Commons of England assembled in Parliament a short account of one of the grand grievances of the nation / humbly presented by James Whiston.
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Whiston, James, 1637?-1707.
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1689
(1689)
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Wing W1688; ESTC R8905
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12,727
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11
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we find as Bracton Lib. 3. fol. 105. Goalers are ordained to hold Prisoners not to punish them For Imprisonment by the Law is neither ought to be no more than a bare restraint of Liberty without those illegal and unjust Distinctions of close and open Prison as is usual See Stamf. Ple. Cro. fol. 70. Therefore Cook in his 3 Inst 91. saith That if the Goaler keep the Prisoners more streightly then he ought of right 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 Fol. 34. Cap. Petty Treason Flet. lib. 1. c. 26. how Prisoners are to be used wherein is also an account of an Indictment of a Goaler for evil usage of his Prisoner Fol. 35. in Trin. Term. 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 the Dures 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 page 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 pag. 34 36. Reckons the starving of Prisoners by Famine Vox plebis par 1. f. 55 56. to be among the Crimes of Homicide in a Goaler Which also Cook in his 3 Inst Chap. 29. Title of Felony in Goalers by Dures of Imprisonment c. by Statute and by the Common Law. fo 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 to 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 Westm 1. chap. 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 and the like See Cook 2 Inst fol. 209. affirms And agreeable is Stampf pl. Coron 49. Nay by the Statute of 4. E. 3. Chap. 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 and 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 Prisoners 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 Dures 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 The King Considering the great Perjury Extortion Stat. 23. H. 6. Chap. 10. and Oppression which be and have been in this Realm by his Sheriffs Under-Sheriffs and their Clarks 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 Bailiwicks Nor that any of the said Officers and Ministers Cook. predict 365. by occasion or under colour of their Office shall take any other thing by them 21. H. 7. fol. 16. nor by any other person to their use profit or avail if 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 Mainprise 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 Rast predict fol. 371. 4 d. And that all Sheriffs 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 his treble Dammages Stat. 21. Ed. o. 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 Kings-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 Kings Prisons should be maintained at the Kings Charge and out of the Kings Revenues according to the Old Law of the Land much less to have Money extorted from him by the Goaler But look into the Prisons in and about the City of London what horrible Oppressions Extortions and Cruelties are Exercised upon the Free-born People of England yea in most Prisons throughout this Kingdom So that by the Laws of the Land it appears that those who sell or take any manner of Reward for any Publick Office or Place or those who do receive any greater Fee than therein is exprest have no more Property Right or Interest to do it than the Pirate has to the peaceable Merchant-mans Ship a Robber to the innocent Traveller's Purse or the Wolf to the blood of the harmless Lamb. All which is most humbly submitted to the serious Consideration of this Honourable House That the said Matters may be referr'd to a Committee who shall be empowered to receive such humble Proposals as shall be offered for a lasting provision to prevent the practice of the like Enormities and Cruelties the which as it will be pleasing to the Great God of Justice and Mercy will be of General Relief to the Oppressed a Monument of Honour to the Kingdoms Noble Patriots and of General Advantage to Trade and Traders Licensed May 14 1689. FINIS
Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That if any Person or Persons at any time here-after Bargain or Sell any Office or Offices or Deputation of any Office or Offices or any Part or Parcel of any of them or receive have or take any Money or Fee Reward or any other profit directly or indirectly or take any Promise Agreement Covenant Bond or any assurance to receive or have any Money Fee Reward or other profit directly or indirectly for any Office or Offices or for the Deputation of any Office or Offices or any part of them or to the intent that any Person should have exercise or enjoy any Office or Offices or the Deputation of any Office or Offices or any part of any of them which Office or Offices or any part or parcel of them shall in any wise touch or concern the Administration or Execution of Justice or the Receipt Comptrolment or Payment of any of the Kings Highness Treasure Money Rent Revenue Account Aulneage Auditorship or Surveying of any of the Kings Majesties Honours Castles Mannors Lands Tenements Woods or Hereditaments or any the Kings Majesties Customs or any Administration or necessary Attendance to be had done or executed in any of the Kings Majesties Custom-House or Houses the keeping of any of the Kings Majesties Towns Castles or Fortresses being used Occupied or appointed for a Place of strength and defence or which shall concern or touch any Clarkship to be Occupied in any manner of Court of Record wherein Justice is to be Ministred That then all and every such Person and Persons that shall so Bargain or Sell any of the said Office or Offices Deputation or Deputations or that shall take any Money Fee Reward or profit for any of the said Office or Offices Deputation or Deputations of any of the said Offices or any part of any of them or that shall take any Promise Covenant Bond or Assurance for any Money Reward or profit to be given for any of the said Offices Deputation or Deputations of any of the said Office or Offices or any part of any of them shall not only lose and forfeit all His and Their Right Interest and Estate which such Person or Persons shall then have of in or to any of the said Office or Offices Deputation or Deputations or any part of any of them or of in or to the Gift or Nomination of any of the said Office or Offices Deputation or Deputations for the which Office or Offices or for the Deputation or Deputations of which Office or Offices or for any part of any of them any such Person or Persons shall so make any Bargain or Sale or take receive any Sum of Money Fee Reward or profit or any promise Covenant or Assurance to have or receive any Fee Reward Mony or profit But also that all and every such Person or Persons that shall give or pay any Sum of Money Reward or Fee or shall make any Promise Agreement Bond or Assurance for any of the said Offices or for the Deputation or Deputations of any of the said Office or Offices or any part of any of them shall immediately by and upon the same Fee Money or Reward given or paid or upon any such Promise Covenant Bond or Agreement had or made for any Fee Sum of Money or Reward to be paid as is aforesaid be adjudged a disabled Persons in the Law to all intents and purposes to have Cook. lib. 12.78 occupy or enjoy the said Office or Offices Deputation or Deputations or any part of any of them for the which such Person or Persons shall so give or pay any Sum of Money Fee or Reward or make any Promise Covenant Bond or other Assurance to give or pay any Sum of Money Fee or Reward And be it also Enacted by the Authority aforesaid That all and every such Bargains Sales Promises Bonds Agreements Covenants and Assurances as before specified shall be void to and against Him and Them by whom any such Bargain Sale Bond Promise Covenant and Assurance shall be had or made Cook. Rep. Lib. 12.78 Hill. 8. Jac. IN this very Term in the Case of Dr. Trevor who was Chancellour of a Bishop in Wales it was resolved that the Office of a Chancellour and Register c. in the Ecclesiastical Courts are within the Statute 5 Edw. 6. Cap. 16. The Words of which Statute are Any Office c. which shall in any wise touch or concern the Administration or Execution of Justice and the Words are strongly Pen'd against Corruption of Officers for they are Which shall in any wise touch or concern the Administration c. And the Preamble And for avoiding of Corruption which may hereafter happen to be in the Officers and Ministers of those Courts Places and Rooms wherein there is requisite to be had the true Administration of Justice in Services of Trust And to the Intent that Persons worthy and meet to be advanced to the Places where Justice is to be Ministred in any Service of Trust to be Executed should be preferred to the same and none other Which Act being made for avoiding of Corruption in Officers c. and for the Advancement of Persons more Worthy and sufficient for to Execute the said Offices by which Justice and Right shall be also advanced shall be Expounded most beneficially to suppress Corruption And in as much as the Law allows Ecclesiastical Courts to proceed in Case of Blasphemy Heresie Schism Incontinence c. And the Loyalties of Matrimonies of Divorce of the Right of Tithes Probat of Wills granting of Administrations c. And that from these proceedings depend not only the Salvation of Souls but also the Legitimation of Issues c. And that no Debt or Duty can be recovered by Executors or Administrators without Probat of Testaments or Letters of Administrations and other things of great consequence It is most reason that such Officers which concern the Administration and Execution of Justice in these Points which concern the Salvation of Souls and the other matters aforesaid shall be within this Statute than Officers which concern the Administration or Execution of Justice in Temporal matters for this that Corruption of Offices in the said Spiritual and Ecclesiastical Causes is more dangerous than the Officers in Temporal Causes for the Temporal Judge commits the Party Convict to the Goaler but the Spiritual Judge commits the Person Excommunicate to the Devil Also those Officers do not only touch and concern the Administration of Justice c. But also are Services of great Trust for this that the principal End of their proceedings is Pro Salute Animarum c. And there is no Exceptors or Proviso in the Statute for them It was resolved that such Offices were within the Purview of the said Statute Here follows the Duty of a Goaler to his Prisoners with his and other Officers Fees due by Law. BY the Common Law