so we may reasonably presume they could Rightfully Demand nothing for them BY what pretension then does the Chair Demand it now We know of no Donation or Concession granted by Law to Entitle them to such a Sale And without such a Donation 't is all but Encroachment Iniquity Injustice and Usurpation where there was no Original or Fundamental Claim to Warrant and Introduce their Pretensions Nay it is expresly against the Commands of GOD and the Laws of the Land as is here made Appear NOW for the Effects of this Corruption How often have the suffering Prisoners Remonstrated against all this Cruelty and petition'd the Magistracy for a Redress of their Grievances and a Retrenchment of the Exorbitant Demands of a Goal But all their Prayers have either never been heard or never minded For the Magistracy is Deaf to such a Work of Reformation by reason his own Interest is concerned in the matter and therefore the Abuses and Oppressions of the Goaler who not only repays himself but acquires oft-times a great Estate to boot are still Connived at HAVING been thus more particular in the Goalers and Serjeants Case we shall leave the Reader himself to judge what no less hard Measures we daily Groan under without Relief from Councellors Attorneys and Clerks c. in their Sphere of Law when about 1500 l. is paid for a City-Council or Attorneys place and divers other Officers which by the same fore-mentioned Proportion of Annual Advantage must raise near 500 l. per Annum to ballance the excessive Price they pay for them And tho' they live at very extravagant Rates yet if they enjoy their Places any considerable time they leave great Estates behind them 'T IS by this means that purchas'd Cruelty grows bold and plumes it self in its Extortion being not only Countenanced but Justifyed by the Magistrate who raises the Value of an unlawful Sale because he finds a numerous sort of People thriving and doing well by living and doing ill 'T is Example that corrupts us all For how commonly do the Under Officers Goalers c. excuse their Barbarity and unreasonable Exactions in alledging that they have no other way to make up the interest of their Purchase-Money So that they are hereby forced to lay the whole design of their Advantage upon the Calamities of the Miserable which inhumanity is too frequently conniv'd at by the Magistrate suffering Justice to be over-ruled by the perswasion of many Golden Temptations A Degenerate and Unworthy Practice quite contrary to the Office of a Good Magistrate whose Duty and Glory consists in curbing the growth of Oppression retrenching Exorbitances and in Searing away the proud Flesh of Rapine and Violence and not in Selling Impunity to the Evil-Doer 'T IS this alone that Steels and Case-hardens a Goaler's Conscience against all Pity and Remorse giving him the Confidence to demand Extortionary Fees and rackt-Chamber-Rent from his Prisoners or else crowding them into Holes Dungeons and Common-sides designedly made more Nasty to Terrify the Prisoner who for preservation of his Life is thereby forced to part with his Money or there to be Devoured by Famine and Diseases THIS makes him let his Tap-Houses at such prodigious Rates that where poor People ought to have the Best and Cheapest they have the worst in Quality and Smallest in Quantity at excessive Prices Also Farming his Beds to meer Harpies and his great Key to such pieces of Imperious Cruelty as are the worst of Mankind to the eternal Reproach of the City's Honour and Scandal of the Christian Religion while the bloated Patron himself all the while maintains his Family in Pride and an Imperious Wife or perhaps Impudent Mistriss in Excess and Luxury with what he has Unconscionably drained from the Ruin of the Unfortunate But see I pray whither will not these Lewd and Infamous Precedents at last lead us when even the common Hang-man encourag'd no doubt by these Examples will scarcely give a Malefactor a cast of his Office without a Bribe very Formally forsooth demanding his Fees and Higgling too as nicely with him as if he was going to do him some mighty Favour I will appeal now to the Tribunal of Justice it self by what Law or what Authority not claiming under the bad Title of illegal Custom any Sheriff who is the immediate Goaler himself and ought as we shall hereafter prove by reciting the Law to receive the Prisoner Gratis into Custody can so Unjustly presume to Sell the Deputation of any man's Liberty and Life to the controul of Sordid and Imperious Avarice I would fain know by what Surmise of Common Sense and it wou'd be very hard if Common Law and Common Sense should not agree a Keeper of a Prison can Demand a Recompence or Fee of a Prisoner for detaining him in Prison THERE is an Admission-Fee he Cries As if any person can deserve a Reward for opening the Door of Misery and Destruction to his Neighbour and common Friend For being so Civil as to admit him into the horrid Grave and Abyss of Imprisonment THERE is a Dismission-Fee too As if it were reasonable to Demand Money for letting him go whom the Law has set free ABUNDANCE of such Absurdities must of necessity follow to which no Law of GOD or Man nor no Sense or Reason can afford the least shadow or pretext of Countenance nay they all forbid and condemn it besides that unanswerable one before-mentioned viz. That the Officers buy their Places and therefore 't is Reasonable in them they should make the best of ' em BUT let that be once Remedied and the whole Babel Superstructure erected upon so abominable a Foundation will soon tumble down to the unspeakable Joy of all good Men the infinite Honour of the City-Magistrates the comfortable Relief of the Poor and to the long desir'd Triumph and Restoration of banisht Justice and Charity NOW for a due Redress of all those crying Mischiefs chiefs what could be more easily Reformed FOR Instance If the Council Attorney Clerk Serjeant Goaler c. had their places Gratis the very Retrenchments of their exorbitant Fees would be a Favour rather than Grievance for whilst the one keeps his Hundreds in his Pockets and the other his Thousands he is neither under the Temptation nor want of Extortion This establisht Fee would not only be enough for his Maintenance but be infinitely more to his Ease and Satisfaction For in this case he would lye under no Care or Necessity to fetch up the large Sums given for his Place which till Recover'd are reckon'd as so much Bread taken out of his Childrens Mouths BESIDES a moderate Perquisite in an Office that comes free from a kind Patron 's Gift is gratefully received whilst on the contrary there 's no Thanks owing for a Purchase tho' with never so large Profits But above all every Man would be then naturally carefull of a Legal Discharge of his Trust because he holds by the Tenure of a Quam diu
can be met with to manage those Affairs and Places in which Justice and Reason require the most Upright and Judicious Persons BUT that the Deformity as well as Iniquity of such an abominable Practice may become more Odious by being made more Visible and Conspicuous tho' there are too many other Grievances in the Nation to be Lamented for brevity sake we shall make some particular Remarks and commence our Reflections from the Honourable City of London the grand Pattern by whose Measures smaller Corporations are apt to make their Precedents UNEXPRESSIBLE are the daily Complaints and Mischiefs that arise through the Excessive straining and advancing the exorbitant Fees of Councellors Attorneys Clerks Serjeants Goalers and other Officers in this City by reason of the too frequent malicious and impertinent Actions and general Corruption among them Occasion'd chiefly by their being forced to buy their Places with Money without regard to Merit For never any Man came into an Office by the Mediation of his Gold but he was compell'd to exercise his Authority wickedly He that Buys must Sell or he loses by the Bargain which makes the Publick Offices to be like Briars to which Sheep repairing for Shelter must unavoidably be forced to part with some of their Fleece NOW to consider the Consequences and those very pernicious ones of such Purchase we 'll begin with the Serjeant who at this time pays the Sheriff near 500 l. for his Place 't is true it has been at a far lower Rate as well as all other places but the Prices rise as the World degenerates and consequently Corruptions improve and increase WELL suppose here is 500 l. given for a Place for Life which at seven Years purchase the customary value of a Life buys 70 l. per Annum in a dead Rent upon Land where the Purchaser has no more to do than receive his Annual Revenue as the Money becomes due But in a Place or Office purchas'd where there is constant Toil Attendance and Business to supply that Office 't is modestly Computed That a Man Ought in all Reason and Equity to make double as much per Annum of his Money as in a lazy Annuity So that for his 500 l. a Serjeant seems to have a justifyable Pretension to get about 150 l. a Year a very round Income for a Man that in his post is sworn but a Varlet an Income much larger than that of many an honest Gentleman of good Birth and Quality with much a fairer Blazon in his Coat of Arms than a Blood-sucking Serjeant This 150 l. per Annum is 3 l. a Week about 10 s. a Day and how must the Serjeant raise this Money If by taking only the now Customary Fees of his Office as allow'd in Court viz. Half a Crown for every Arrest and no more of which his Yeoman who gives above 200 l. for his Place goes one Thirds snack with him by consequence he must Arrest six Men every Day one with another all the Year round to raise the Profits of his Purchase-Money viz. 10 s. per Diem for his own share BUT supposing this Serjeant instead of six Arrests in one Day does not make above six and half six more in the whole Week and a good Week's work too How must the Money rise then Instead of Half-Crowns from the poor Prisoners here must be Half-Pounds and whole Pounds too extorted for Civility-Money as they call it and several other unreasonable Pretences and Demands to make up the Sum. AND What I pray are the Consequences of these Pounds so extorted Only this The poor Debtor is so much the Less enabled to satisfy his Creditors just Debt it self and all by such unwarrantable Extortions from the Serjeant first and then from the Goaler afterwards not only to the intire Defrauding the Creditor but many times to the utter Ruin of the poor Prisoner that perishes in Goal under no other Load Who then the Case thus fairly stated lays all this Oppression upon a poor Debtor The Serjeant and Goalers No But Mr. Sheriff that sells them their Places For they good Men do no more than raise the Effects and Perquisits anserable to their own fair Purchase-Penny IF the common Right of Meum and Tuum thus manifestly suffers by the Creditors want of his Legal Satisfaction occasioned by these Arrest or Imprisonment Extortions Do the Serjeant and Goaler obstruct that Right Not in the least Mr. Sheriff has borrowed a round Sum of Money of the Serjeant and Yeoman for their Admission and their great City Lords and Masters possibly six times as much of the Goalers and therefore their Tallies and Loans must be satisfied first IF a poor Prisoner through such extorted Sums is reduced to Starving in Goal are his Catch-poles and Turn-keys in Fault No not they For their Head Office Jobbers their great Sales-masters have Squeez'd first and 't is their turn to Squeeze next In fine the Face of the Poor is Ground but the Serjeants Jailors Attorneys c. only turn the Grind-stone the Grind-stone it self is the Magistrate THE Keepers Place of Newgate was lately Sold for 3500 l. Now upon such a prodigious Sum paid only for the Head Tyrants Jurisdiction of those Stone Walls and Iron Grates considering likewise the numerous Turn-keys Sutlers and all his Sub-Janizaries to be all Fed and Fatten'd also from the Fees of their lower Posts what Annual Income must that one Goal raise and how raise to answer such a Sawcy Purchase Why truly thus FIRST For the Criminal Prisoners IF a Thief or House-breaker would get unloaded of so many pounds of Iron or purchase a Sleeping-hole a little free from Vermine or with wholsome Air enough to keep his Lungs from being choak'd up he must raise those extravagant Sums to pay for it as can no ways be furnisht but from Theft and Vice supplyed by his Jades or Brother-Rogues abroad who must Rob or Whore to support him even with the common Necessaries of Life Nay instead of employing their time in amendment of Life and a Religious preparation for their Tryal they are forced to Drink Riot and Game to curry Favour with the Goaler and support his Luxury THUS a Goal which should be a Check to Roguery and Wickedness in a high measure by it's Extortion and Oppression Encourages it AND next for the poor Debtor committed thither for 't is the County-Goal he receives much the like severe Treatment and Hardships For Extortion and Oppression like the Grave make no Distinction NOW let us enquire by what Right the Magistrates sell that Keepers place together with those of Ludgate and the Compters 'T is well known that those Places as well as all others were formerly given Gratis Now if they had then any Inherent power of Selling them 't is presumed that the then Magistrates were not so extravagantly Generous to part with such a considerable Feather in the City Cap for nothing provided they had a Title to Sell. Then as they took nothing
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