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A27455 An argument shewing that 'tis impossible for the nation to be rid of the grievances occasion'd by the marshal of the King's-Bench, and warden of the Fleet, without an utter extirpation of their present offices with proposals for a new constitution of those offices by way of letter to a member of Parliament. J. B. (John Berisford) 1699 (1699) Wing B1962; ESTC R5834 20,197 36

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AN ARGUMENT SHEWING That 't is Impossible for the NATION to be Rid of the GRIEVANCES Occasion'd by the Marshal of the KING'S-BENCH and Warden of the FLEET without an Utter Extirpation of their present Offices WITH PROPOSALS FOR A New Constitution Of those Offices By way of Letter to a Member of Parliament Cuncta prius tentanda sed immedicabile vulnus Euse recidendum est ne pars sincera trahatur Ovid Met. Lib. 1. London Printed for Richard Standfast Bookseller near Temple-Bar MDCXCIX TO Sir William Duncombe Bar. SIR THO' I have not the Honour of an Acquaintance with you yet since I found your Name in the Printed Votes as a Petitioner for Redress against the Warden of the Fleet and that you were so great an Instance of the Oppression which the Gentry of England as well as the Tradesmen and Commonalty labour under I presum'd to Affix your Name to these Papers which I 'm sure are wrote with no other Design than to Advance the Publick Advantage by endeavouring to Suppress a Nest of Pestilent Vipers who have Stung and been equally Pernicious to all Ranks and Degrees of Men except only those who have nothing to lose The Riches of England consists in Land and Trade which are the Pillars of the Government and must be Maintained and Supported but both are Weakened and Terribly Shaken by the Defect in Execution of the Legal Process Lands have lost their Ancient Value and do not Answer the Profits as formerly For how many Knavish Tenants do continually decline to pay their Rents or go off with good round Sums in their Pockets and when their Landlords call 'em to Account and fling 'em into the Country Gaol the next News they hear is of a Habeas Corpus to Remove 'em to the King's-Bench or Fleet and in a Fortnights time down they come and take another Farm next Hedge to their former Landlords As for the City where Trade does chiefly flourish That Suffers infinitely more for as Differences on Contracts and Bargains do arise so there are more frequent Opportunities of Repairing to the Law for Satisfaction And one would think that an honest Debt for Goods Sold and Deliver'd should be Paid but unless a Man will be a Law to himself which we can hardly hope for in this degenerate Age there is no Money to be had the Creditor may Arrest him and have Judgment against him and Charge him in Execution and what then Why then he comes Abroad and there 's an end of the matter pudet haec opprobia nobis Et dici potuisse non potuisse refelli I ever thought that Trade had been the Darling of the English Nation and shall we tamely see such Rapes and Violences Committed on her who ought certainly to be Cherished and Improved with all the Tenderness and Care imaginable 'T was the Policy of our Ancestors to respect her as the Guardian-Angel of their Island and shall the present Fathers of our Countrey now look on with Vnconcern Can they behold these Horrid Violations and not at all be mov'd Certainly they can't Imagine but that such Wretched Treatment must mightily Discourage Trade It can't but strike a Damp upon the Careful Merchant and the Industrious Tradesman when they Consider That after all their Pains and Sedulous Application the Labours of some Years may all be lost in fewer Moments For they are forc'd to seek Returns by Sale of their Commodities with reasonable Profit and for this Credit must necessarily be given Now if they happen to Trust a Knave as modestly speaking 't is two to one but they do their Prime Cost is also gone and sunk for 't is plain there 's no Remedy to Recover it what is this but a Stab into the very Heart of Trade I 'm told it was a regard to Trade which was one of the principal Motives that induc'd the Parliament to Suppress the late pretended Priviledg'd Places where the Law was Cramp'd in the Execution and consequently Trade receiv'd a vast prejudice But 't is in vain to destroy some Nusances if they leave others still remaining which are worse and more Dangerous As the Wounds of Friends strike Deeper and are more Fatal than those of Open Enemies And as Extortions by Colour of Offices and Justice are greater Offences than down-right Exactions for that they pretend Law the greatest Blessing of the Subject for the Countenance of Villany and Wrong But I hope the Parliament will take this particular also into Consideration That the White-Fryars and Mint are not Crushed so long as the Prisons of the King's-Bench and Fleet are in Being for 't is now become a Common Practice for Bankrupts and Cheating Knaves themselves to run into one as they did into the other for Shelter and Protection I am SIR Your Humble Servant J. B. An ARGUMENT shewing That 't is Impossible for the Nation to be Rid of the Grievances Occasion'd by the Marshal of the King's-Bench and Warden of the Fleet without an Vtter Extirpation of their present Offices With Proposals for a New Constitution of those Offices c. SIR SINCE I am inform'd that the Grand Inquest of the Nation hath Resolved once more to take the Abuses of the King's-Bench Prison and Fleet into Consideration I thought it my Duty as an English Man who by Birthright am Intitul'd to all the Benefits of the Noblest Constitution in the World to offer my Sentiments in Order to have these Grievances Redressed which have so long Eclips'd the Glory of it by depriving us of the Fruit and Execution of the Law which Consequently must Languish and Expire since it is Wounded in the Vital Part for Executio Legis est Anima Legis And without the Soul the Letter of it is but a Dead Carcass which can't preserve nor be preserved from Ruin so that a Failure of Justice it self must necessarily follow than which there can't be a greater Scandal and Reproach to Government I shall Entertain you no longer upon a Subject which is so Obvious to Common View neither shall I recite to you the particular Villanies and Oppressions of the Marshal and Warden for to Rake into Dunghills and their Prisons are the same thing nought but Stench and Noisomeness can thence arise besides we ought to take those Matters for granted since the late Act of Parliament does expresly set forth in the Preamble That by reason of the many grievous Extortions and ill Practices of such Persons who have for several Years last past respectively Executed the Offices of Marshal of the King's-Bench and Warden of the Fleet both Creditors and Debtors have been notoriously Abused and the good Intents of the Law wholly Eluded And Sir I am sorry to say such a Fatality attends those Prisons that even the good Intent of that Statute seems also to be wholly Eluded as well as that of the Common Law The Complaints of this Sessions do abundantly testifie the Truth of this Assertion for tho' in pursuance of that