{/ 2-~i> —-' 7 ''"*-"/’ £.-r CIVIL (the Le b temper Contaiis Crves . and a of Eng Columbia (HnfoeiSijp mtbfCtmoflftogOTfe LIBRARY 4&A103> THE SELIGMAN LIBRARY OF ECONOMICS PURCHASED BY THE UNIVERSITY IC4L£ " , ’ 9 7P2Z dyffoihttlift'i - r^ C ;/‘*eil^ txnJc'c^ _• Mukh^ hr tfjle:-IcU^- , , .„ 2 . Zfcfati Z rt&uMh' ?VA • ^ , - . // /^‘(j: Ataz+k A jUi-y : Au*y -— ri > & ^ K <}A-U"k K - '6f% • aSj-ff'jfyceifJ, - - '$%*>* tim-nJ- • Mf'rfcp™ - fw y£« /cV~,.... '■■■ v ^ s> ¥^fe<^cated again# S%K V E R Y 0 "S'HEWWg-r- THAT I^PRffONMENT FORDEBT; REFVSING TO anfwcr Interrogatories, long impri- fonment, though for juft cisufes. A B V H O F P R I SO N S, AND cruel! Extortion qfPn/on-kcepcrs,are all deftru&ive to the fundamenrall Laws aird common Frtedomcs of the people. Published for the life of all the Free- ./ borne of England , whom it equally con- cerncs, by occafion of the Houfr of Lords commitment of Lieut- Col .John Llllwn , clofc pnfoner, firft f ,o Xft^^AU. and next to the Tower, By a lover of his Country; and (offerer for. the Qommm Liberty,. R ^zitlfauh 58.4.5. and8,9.11.12.13. Pcintedio theyeatc f LIBERTY AGAINST SLAV E R.Y. fff Hflf I R Edward Cook in his Proeme to his fecond pare §o#-°f Instates. or ExprftioH upon CUtagna Cl area, ^ ^ fheweth, how it is called oT%«w J commot) liber¬ ty) and Ls charter desfranshifes, There he fiiewcth how in the - ninth yeare of Ben, the 5. by his Charter bearing date the ele¬ venth of February. and by Parliament. thisOW.^w chart* was eftablifhed; alfo, in the 2 5 .Edw. 1 . where, by Act of Par¬ liament it was ordained, that botfvthe faid Charters fhould be fenr, (under the great Scale) as well to the Julhces of the Foreft,as toothers, andtoall Sheriifes, and to ail other the Kings Officers. To all the Cities thorow the Realmc* and that the fame Charters ftould be lent to all the Cathedrall Churches to bee read and publifned in every County fonre timesinthcyeare.inafuilCounty. The25. of i’.j.chap.j. Thei8.ofMi.chap.s,and 17. At. Buc * Liberty againft Slavery. But that thefe Liberties andPranchifes were dot of Grate and donation, but of Right and Inheritance: There this ex-i perienced and honeft Lawyer cels us.how it was (forthemoft part) but declaratory of the principal grounds of the funda¬ mental! Lawes of England, and Lhat it was no new Declara¬ tion; for King had granted the likc.’whiefo was called c Magna Chart* ( as appeareth by'Record) before this great (fbarter made by King ne/1.3, Mtuth. Par, fol. *46.247.248. And by cbe aforefiid A Gt of the 2 5. of 8d*>, 1, (called Confir- math £baruttftm) it is adjudged in Parliament that this great faner ftculd be taken asrhe Common L a*. After the making cf Ctfigna. chorttt , dtverfe learned men in the Lawes, kept Schooles of the Law withia the City of London, and taught all fuch as refereed unto them. The Lawes of chisRealme al- wayes chen raking CMagna farm tor their foundacion.P4r/. Ret. cUuf. J 9. of Hen, 3, And albeicfas Sir Edvard Cooke well obferveth) judgements in the Kings Courts bee of high regard in the Law, and ju¬ dicial! Judgements bee accompeed Juris diB* (words of the Law) yet it is provided by Adi of Parliament, that if any Judgement be given contrary to any of the points of tMagna ckan a ,by any of the Jullices. or by any other of the Kings Mi- niilers, ice. tt fliall be undone aadholdcn for noughtiff^/jrw*. eka'ta, 25, £dtv,j.chap i- &2. The highefl and molt binding Laws,are the fevera! Statutes cflablifhed by Parliament, yet by authority of thar higheft Court, It is toadied (only to jhvs> their tender care of (Jhfagu* chart a, or rather, The Englifii-mans liberty) that if any Statute be made contrary to the great Charter* (chat is, etgair.fi our ysfi liberty) the f ame (halt be holdcafor null (or nothing) by which words ail r< inner Statutes madeagainft this Cjrcat char - ter were Repealed, as appeareth by 42. of f^w.j.chap. 1. And the Nobles and great Odicers were co fwcare (and did fo) to the due obfeiVatioB of CMagna chart a, Magna full quondam vt*g*£ Referenda chart 6, hi ftich high and great efteeme was Magna ckjirta. The i barter of the Peoples liberty: neither Pie- rogattyecor any other PriYilcdge,was»or could be pleaded or holden Liberty Agmjl BUVity. $ holden out againft Magna chart*, (nor juftly to this day, and at this time* u true Juftice could onceget its place and tight, before Arbitrary Power) according to that ancient maxime of the Common Law , £,e coition Itpas fit Intent at> mrafurt ft$ p; rogatltfsle atop qne fljnje folUrent ns pjcjtuititnt, Is gjn&MitaHce &e afcan. - The Common Law hath fo admeafured the prerogatives ■oftheKing, that thefe fhouldnot take away nor prejudice the Inheritance of any, and the beft Inheritance that the Subjcft •hath is the law of the Realme : This our Inheritance in Mag¬ na chart*, as a) fo the Statute of the4i. of Ed, 3. c, 4. are both • confirmed (to as the Commons of England) by the Petition of Right in the third of King Charles, and alfo by the Statute ■ made this prefem Parliament, for the aboliihing of the Court of Star- chamber, in the 17. King Charles : This being fo per- fpicuousanddeare, the queftion now is, Whether we the Tree-men of ingland, may not, or ought not now of right, to expeft and claime the benefit of the famefhaving fubdued the common enemies of the Kingdnme s aud open oppugners and violates of our Lawes and juft Liberties) after fo much trea-; lure fpent, and fo much blood fhed for defence and preferva-* tionof our Lawes and juft liberties, if any doubt, Let the Whole World conftder, end judge, NotU'lthlfindmg al' this: Such are the incroachments, oppreftions and pteat exaefi- - ons upon our liberties, by fome Miniftersot State (by reafon of frequent commitments and imprifonmencs, for contempts and other triviall matters, as that they are become infuppor- table, and juftiy to be-numbred amongft che gteateft of grie* vances in the Kmgdome, I wilHorbeare to (peake of them- direct pra&tfes^dilatory proceedings^ the exorbitant Fees of the Courts ]udiciail,becaufe the fame will require a particnlsr Traftate.Iwili only here in feme me^fure (as yet) diicovet but only fome of the cruelties, extortions, exadtions, depre* - datious and bafenefte of laylers and keepers of prifons, 1 n thefirft place, we are to confsdei, what Fees the Lawes allow unto Gaolers and Prifon-keepers, fecondly, how pri-j loners ate to be ufed wiifjft they are under cuftcdy.Thirdly« A1 hoy? 4 Liberty again/} Slavery. how Jong Prifoners arc tabs detained inprifotl> afid in the laft place what fees and rewards are taken and extorted from prifoners, and how prifoners have beca and are ufed(or rather abufed) with the fuftdry evils and cruelties accom¬ panying the fame. Touching fees and rewards by the common Law, we find that no Sheriff: Coroner, Gaoler or other of the Kings Mim- fters, ought to take any reward for doing of his office, but only of die King, and this appeared! by the antient bookes ef the Law, Magna Chart*. chap. 3 5 .• Mirra, cap,2. Se&.t,- 'Britton lib. $.6 F let.ftp i.c.tp.ca iS, of forte feat cap.2q.fmh vieccomet larabit fnptr bum:a etc, Evangel it inter .vice articttla quednon reetpist alirtttid cilcre at: tcattfa officii fni ab aliqtto alio MiwB.ege, that is, The Sherifh (hail fwearefamongfr other articles; chct he ihali not take any thing (under colour or m refped of his ciricc) of any mag. but only of the King, and by vefi the 1 -cap. 16. a penalty is added, the words of the Mature are thefe, No Sheriffe nor ocher the Kings officer Dial! take any reward to doe his office, bur what they cakcjfhall be of the Kiag,andheth2tdothtranfgrciTc, ihali yeeld'twice fomuch,and ihali be punifhed at the Kings pleafure.j.of Edw. I xav 26, Under thefe words, Officer of the King (faith Cooke ) the Law beginning with Null vifeomt (no Sherife)are underftood Efche2ters,Coroners.B2yh^s,Gaolors, the Kings Clearke of the Market, Aulnager, and other inferiout miniftersand on * ficers of the King, whole offices doe any way concerne the adminiRnrion or execution of juffice, for the common good ©fthe Subject!, or for the Kings fervice, who (hall not take a-' ay re ward, for any matter touching their officcs( but of the King) and forae doe hold that the Kings Herraulds are with¬ in this Act, for cha: they arc the Kings miniflers and were long before this Statute, fake Inftit-. 2, part, fob 2 op. ) But if any in favour of Gaolors, or other luch like officers, 1 ' (whethertheSerjeant at Artasorhis (ervantsfcalled MeiTen- gers) or that great officer of Rate, the Lieutenant of the 7 '«tv-; ©”5 or his fubfotutesj fbsil ailedge, that what fees or other re- W2rd| Z&erty agamft Slavery. f Witfy they take, whether as fees peculiar fid their office* chamber-rent or otherwife, the fame either by prefeription warrantable, or byfome order from the Lords of the Coarc- ,eekable,or decree of the Star-chamher,or by fome latter Sea- .lutes yet unrcpe^lcd, all which fcverall allegations are eafi\ anfwercd, for-fit ft of all, no Shrieffe or other officer, can pre- feribe for any f«e or reward, for doing of his office. See the •4*. oi£d, 3.fol. 3. fol. 5. Andthe2i. of Hen. j. fol. 17. For the Couflcel-table, Star-chamber, and Judges, their in* fcroachments upon the juft liberties and rights of the people, cheir exorbitant and unlimited power bythem cxercifed, and illegality of their proceedings, ate not unknownctoall men,and by an A & of thisprcfenc Parliament (17. Carol.') the Counceltafcle is limited ana reftrained, from intermedling in ciulcsof private irtcerefb couching the free-holds, or the ground, oriibcrtic of any mans perfon; the Star-chamber utterly abrogated and aboliiht'd; and as their proceedings, decrees and commitments, were cyranous, oppreffing and il- legall*’: to the inflaving of the people (being t he caufe and ground of their reftriftion and taking away ) Their orders and tables for fees, granted tothe Gaolors, be as mj/uft, ille¬ gal! and oppreffing the people. So in like manner I doufctnot butthatthefc extorting',bar-^ barousand murthering Gaolors, and ali other minifkrs of State, who mike their rife and fommer, by the mines and fpoylings of the people, and as they tread in the fteppes of theirpredectffours (and rather exceed them in iniquity) fo fhall they run into the Arne daftrufliion, for as tire overflow¬ ing of water doe at length nuke the river ioofc its proper channel!, fo ckofe that fceke to extend their power be yond their bounds, have ever hitherto loft net oniytheir powers by them ufurped, but often even chat ado Which by right belong- ' ed unco them. For the Statutes which feemes to favour fuch, can no way warrant thefc their abominable exa&ions, the fees being very final and inconfiderable wh idi thefc latter Statures give, • fc the fame will rather condemns i!'-.;. jufhfiethem in rhefe their ciacllextortiotjs. • " Bcfides € uhirty agmjl Slavery? f&fidts it is tobc confidercd, that all statutes and lawes are Null and v* hich arc or do anywayes tend to the infring¬ ing ofth: peoples rights andliberties, being repugnant, and contrary to -Magna chart*, fo often confirmed, though feldemeor' *;%-er sbferved ork;p s, the neglect whereof, and the fufferitig of the. violators thereof to paffe uncuniflied, have been the caufes of great troubles tothe Kingdome, in thefe and former tunes, and without their follow fome fpeedyamendroenc thereof; and puniflrment to the breakers and abufeis of this great Charter of liberty nothing-can beexpeftedbutconfufion and unavoidable ruine upon this Kingdome, being by the fword already fo much-wafted,and by thele and the like grie- viou.OpprciEam , made to be a People i* meert Bondage- and f.tvcry, mod worthy therefore of confideration, isxheob- fcrvation, which Jir Sdbard Cooke hath made touching this peynt, how that the alteration ef any of thofe maximes of; th:,common Law is moft dangerous, for while (faith he) Shcriffes,E[cheaters,co:oners Scorher minifters of the King, whole offices any wayes concerne thcadminiftration or exe¬ cution of jufticevorthegood of he common-wealth r could take no fee at ait for doing their office, but of the King, then had they no colour to exa&any thing of the (ubjedb, who knew that they ought to-take nothing of them,but wheq fome a& changing the rule ofthe common law, gave to the fai i Jenifers of the King, fees in fome partciular cafes, to be taken of theSubje&s; whereas before, without any fees ta¬ ken at all their office was done;6ut now (to our gtiel be it fpo- ken)rheirisno cffireatall dopeby any without-taking,and extorcing;K is incredible to relate what extortions have there,, upon enfued; So dangerous a thing it is for to flaakc or iter any of the rules, or fundamencall points of the common Law, which m truth are the mainc pillars and fuppotts of the fa- brick of the Common-weaf h: £0^2. part lufii. upon Magna Charts f.35 . the I , Weft c. 26. . Hew Prifoners-are to be treated and uled whilfl (hey be Continued in pnfon. and incuftody ofthe Law. . -^ccareto cqnfickr that the Law of England, is a Lawof inercy Liberty agamft Slavery] y fecircy (as Sir &/W C 00 ^f ai,h )' in his a. part of Infante. foj, a 8, Andprifons arc ordayned not for deflru&ion, but for fe- curing of mens perfons, untill they be brought forth unto due and fpeedy tryall; and therefore are to be humanely and in all civility ordered and ufed; otherwifc Gaolersarc not kee- ' pers, but tormentors and executioners of men untried, un¬ condemned, and this were not( Salvo eftfiodie) to keep men in fafety, which the Law implyes, but {Difcrture) to deflroy before the time, which the Law abhorres. Iffo then wickedncfle fhouldbe eftablifhcd by a Law, and our jud'catories and proceedings would be worfeand more wicked, then the damnable and damned proceedings of the judge of hell,notably defenbed by the phiiofophicall Poet.. gvocimhic Radamanthas habet durijjlma Rfgna, (»nl^;qne auditor Ms Subigitque \facerij, And in another p’acc. Uiu Fixlt predo atqur nfixh. ‘ Firft he punifiierh, then he heareth, andlaftly compclleth to eonfeiTe. and make andmarre Lawesat hispieaf'ure: But good judges and Juftices abhorre fuch Courts, fauh learned ^Although by Law a man ought not to go out of prifon, or abroad though with a keeper, and with leave, for he is to be kept in S : 'u.i et arc la uiioria. in file and reftrained cultodyjbuc yet im. rifonmentn u'i be {cttjhdianon pen#) akcepiogonly for thc'bringmg unto tryall and judgement, but not a pumfii- ment or place of < xecution dor a prison ought not to bemplo/eA for pitnijhi n g. but for thefaje k e f' & °f mer > fee -Cock'S f. part Ir.JHttt’is jo!260. And that prifoners may be the more honeftiy and carefully provided tor, and the better and more civilly vfed, andtothe end that Gaolers and Keepers of I'rifous fhould not have any colour or exeuw, for exa&ing any thing from prifoners, who 1 are in ciiftody of the Law, it rs provided by the Law, that all Prifons and Gaolers be the Kings for the publique good, to be made, repaired, fjruifhed \i i.h all fitting accomodation,- as beds, candle hicks, bafonsand chamber pots with other things needf'uil, at the Kings and yubbqaes charge, as appea- B. retB- i Liberty agtinfi Slavery'. rcthby the ii. of £2. det. 172: the 13. 3 - 5 ^* * 53 '- a?a£ vJJTu 27. the 8. ofH/. 4.18. the 20. of El 4 j, -ffriV. 72. And therefore arc they called the Kings* or the Com** moflprifons.thej.of 5 . 4. chap. 10. AndSir. SdwardCoekeia hisfecondpart of InfH. fol. 58^ faith thus, Albeit divers Lords »f liberties, have euflodjoffeme c Prifoni,arJfmeittfee,yet the Prifon it ftlfeis the Kings, par bona Publico, and therefore it it to be reared at the common charge, for >..* fkbjitt can have the prifon it felfe , but on If the King- S by all which it 2ppeare:h, - hat whatsoever is taken of any pr* foner, under what colour or pretence foever, whether the fame be called fees, or chamber rents istnoft unduelyand ua- juftly extorted. For which the. e fevcrall extortions and exadions, thefe keepers of prifons within th: / Kmgdome, being lawfully coa- rioted thereto, ought not only co forfeit and loofe their Gaole offices, but like wife to bejmofi fcverely puniflied, Sc made ex¬ emplary,& a warning to all fuch as Stall fuccccd in their place,’ from prefuming to wrong the poore prifonersin their per-; foils, or in any thing belonging torhem, as feme poore pri¬ soners of late have been in the Prifons of Kings 'Bench, the Fleet andNewgate,w^alomc have been robbed, beaten, put into Iron boults> draged out of their beds at unfeafonable times of the night, thrufi into dungeons, ftarved, and alfo murthered, yea forae alfo lamed by Iron Fetters, andfime hanged before daj, as apptareth bj thefe articles exhibited to the hestfe of Lords in the jtare.i6^\,and proved bj mere then tbirtf vitnejfes, who ftgned the faid Articles with their feveraU names t (1 ifprodtuei) be [ides thofe latelj exhibited to the Committee of Exad mir.ation , again ft Sir Iohn Lenthall, Thomas Dutfon and ethers. But alas how rr.iferable is }the prefent inflaved condi¬ tion of this Nation, where the gaolors (being thus fup* ported) rote like Lyonsj devoure like Tygers, ravine like Wolves, and like Beares crufh 1 he Prifoner under their feet,* and yet poore men they dare no: exhibit theitc complaints, if exhibited, yet then both they and their complaints ex- treatsly liberty again/l Slavery, p ffeamly flighted, the Gaoler thereby Imboldeaed to perflft I in his cruelty, and thus by feeking remedy, their mifera- ble fufferiags arc augmented, and theit wives and children thereby expofed to all the mifery that tyrarjy can invent, •aye looked for profperity and jultice, but behould mifery and oppreffion, for liberty, but behould thraldom, vay led by faire promifes, although never people have done more for the recovery of theit liberties then wee have done, nor ne¬ ver were there any people that have been (by fo many Oathcs.proteftations, covenants, and declarations) faitlyer promiled and more allured of the fruition and Injoyment ol the benefit of our good Lawes then we have been for ai¬ mak five yeare* paft, yea though the Law of England be a Law ol mercy, yet«it now turned into a fhadow, and it ni.■• confitated between god and us, but neither you governs your ftife > who faith, that by the Lawes of this Realme, he is andoughc to be a free man, but isunjuftlv contrary to the Law made aflave, and caft in prifon to be ftarved or murthered, and with him accordeth Sir Edward C otke f who faith, when a Subjrft at-the common Law, fath for execution upon a fadf- mem for debt and dammage, be ought not to have the body of the defendant, but ondy his goods in execution, unleffe it be in feme -fptciaU cafe, viz. for the Kings debt :And the reafoD of the fameis, that the body in cafe of debt fhoud not be delayed in Prifon, but remains at liberty, not only to follow his owne affaires and bufineffes.buc alfo to ferve the King and his Country when need fhcukl require, nor take away the pof» fefiion of his lends for that would hinder his husbandry and tiliagc. which is fo beneficiallto the-Common wealth, apart of his fafutut, folio 344. whereby it appeareth(asfor¬ merly hath been Laid) that the law of England is a Law of mercy, and all our pnvi ledges and hbc-nes.are confirmed UDtO us by Magna charta.chap if. where it is Laid, That no Liberty agtmjl Slavery ’ i c fff.fl) JbaU be difeafedof any of his liberties And fret.hob), (o the ftatuteof Weft 2 folio i8, the thirteenth'of ^.3. wherchaifc of a ma*s land is charged for want of other goods, which doth in a great meafurc fpoile a man of his free-hold con¬ trary to Law. and fo is void to that poynt; but if any doubt be made thereof, the fame is clearly by a latter Stature which isnoneother then a confirmation of Magna Ghana, and the Liberties of England, I will fee downe the very letter of the Statute. M*. Wee IV 1# and grant that all men of our Land JfsaS have their Lam , Liberties , and free cufloms, as largely andveholly as they have fifed to have the fame, when they had them at the be ft, and ifany Statute by us and our ante for s or any cufloms brought in contrary to them, or any article contained in this prefen: charter, We Will and grant that fuels manner of Statutes and cufloms flsall be void and Frtiftrate for ever more. The 34. Bdw.i, chap 4. If it {hall be objc&ed, that this Statute is repealed by fome latterLawes & Statutes,whereby notcnly mens lands may b? feifedjbutlikewife their bodies made liable to be Imprison¬ ed for debt ordammage till the fame be paid or fatisfied, E anfwer, that thefe and fuch like Statutes being Repugnant to Magna cham (or Fundatnentall Law oftheRealme)by which charter the Commons of England are inabled to .con¬ vene and fic in Parliament, and being alfo flatly againft the Liberties of the Commons of England, are abfolutely- void in thcmfelves and no waies binding, becaufe Magna psarta which giverh them their being, is by them brought in diminution and incroachment of the inheritance, right and Privileges of all the free borne people of this Kingdom: and made invalid and of none effed in Law. And yet in the fame Parliament the Laid great Charter was then alfo ratified and confirmed, 1 fay by the fame Parliament which made thefaid other detfru&ive Lawes, bvsc toclcereall doubtfull quell ions and controverfies. Thefe latter dcfeuclive Statutes f under colour and by vertue wherof many thoufands have been imprifor.ed, mur- thered, ftarved and ruined there, their wives and children alfo deflroycd for many yeares together j the Laid crnelty B .3 alfo si Liberty againji Slavery* slfo ftiii continued and arc barbaroufly pra&ifcd as ever, u- on -he free borne people of E*glm&)ixc abfolutely void and made of noire cffctl, being now-repealed by the late Pen¬ cil of right,and by the flatuse made this prefent Parliament for the abollifhicg of the Star chamber,in =nd by both which ne-c only M*™* Chart*, but this good Law and Statute of the 54. of Edx.i.chsf 4,(du fame being but areflauration and confirmation of our former pnviledges & Liberties) are recited, revived, and fully confirmed, and againefincepur- chafed, redeemed and recovered with no leffe then the bic od and precious lives of more then a Miiionof true harted and Free-borne Eng'.ifh men, fo as it muff necdcs be great injuf* lice and wickeJneffe to withhold us from the mjoyment cf this .our right, liberty,and inheritances hich hath coftfo great a price, and allfuchasare detained and holden.in pri¬ son for debt ought tobcfreedandlnlargcd, as being Illegally and fr/fy Jmpnfcned contrary totheiuft and Ftmdamen* rail Lawes of this Kingdom, which the High Court of Par¬ liament as well as other Judges, fuflices and other Minifters of State are bound and have Sworne to the uttermoft of their power to defend and preferve and inviolably to obferve.’ tin fame. _ Ann have no: thefs cur Judges, and Lawyers, as well as 0 h-'s : v uer times by tocir Orders, Decrees, Judgement* f " E\ emon?, for committing and detaining mens bodies rd x, fee veredthetnklvcs to be O.rh breakers, &: be* 0 .rv-ro! the Law wherewith they arc innuffed, whereby c t o...... thcirfcifc-endSiCovetotibinindi.anJ by-refpc&s are plainly f c a f 0 cred. and their owne p: i/are gaitte ( and fiburifhing. D;i>c, a?.u futc of Gaolers J before the ptectous Lihc: ty and well being , of the Commons of £>:gl*rJ, by them preferred: For which thcicinfolency, they dVfcrve to have infiifted on them, and like‘Sub-* ro under goe, more heavy more Exemplary, and great pu- tUty cf;he moments then thofe Iudgcsreceived, that gave that falfe Lswysc Judgment for Jhipnjany, for by the tijhc ol fhtptnony, a man ^ had but a fmad parcof h:s goods unjuftiy taken from him; but by the faife Judgement and executions againft the bodies of Liberty agahift Sla Very. 13 dimes for debt, Millions of people have been and are fpoyl- cd of their credits, callings and Liberties, (which harh borne ever counted the rr.oft precious Jewell belonging to rhe Commons of England) and both them and-their wives and children utterly ruined, no provilion being made or al¬ lowed to the prifoncr for food or rayment, if once commit« ed to prifon he muff then either ftarve or beg at the grate* nay often times upon the lingular difpleafure ofthe Gaoior mwyedupina cloferocme without any allowance of bread in-' or danke, where beg he cannot, and therefore muft inevita- p a!icctfl ® bly perith (if not by grangers or friends reieeved) being by . the Gaolor no way::; pitied, but his death rather daily wilked Bench, and defired, nay to the flume and i eprcach of this Nation be it fpoken, fome poore men for debt have been (in a familhing and perifhtng condition) kept in thefe prifon houfcsfor.io: ao, 30. and fome 40 yearcs together, and as they were and arc helpleffe-lb alfo hopelefie ever to be freed out of prifon ti! •by death delivered from underthe hand of their cruel! extor- ting Gaolor and his jmpes of cruelty, fuch barbarouscruelty, andwilfull murtheringofthe poore foules, in prifon hotifes for debt, is no where pra&ifed or cxercifcd, no nor any people fo tyrannized over and fubjefted to the like mifery, oppreflion and fervitude in any nation or Kingdom,through¬ out all Europe, ts is impofed upon the poore fpoyled free- borne Englilh-man, yet we juftifie thefe doings.and fupport theinftrumentsofthcfame,asoflatefomcdfusdidthc Luci* ferion Prelacte here, as though wiefcedneffe and oppreffi- on were eftablifhed by the Law, and Juftice, and mercy, quite fwailowedup by tyranny ;oh that our Parliament would at length(though late)free this Nation from thisunfupporuble vaflilage Sc bondage & reftore us to oar ancient f/wj; loft) Li¬ berties and freedomes, and no longer fuller us thus tyrafl- noufly to be walled and wome out,famiftied, and flawed ,„nd tnurthered, inthefe deftroying prifon?, by long imprison¬ ment, which the Law accounted moft oCmf and kaupll. By the ilatmes of Weftminller, the :: Chip. 29. Anno il.Sfa'j. it isina&ed for the eafl; and benefit of the fubjefl, that i '4 Lilnrty again]} Slavery. that no Writ of ttefpafie(*d tudhidi & ttrmixandi)fa hearing 1 and determining) (hall be granted before any Jufticc, except the Tuliice of either Bench, and Juftice of C;>v,orei!eif it be for a hainons trefpaffe where ir is neccffary to fet fpeedy reme- dy.and no writ to heare and determine appeaSe before Juitices aligned (hail be granted, batia efpeciallcafcandforacaufc ccrraine, when the Ring Commanded!, but if the parties appealed orjnditcd, be kept long Jraprifon, they (hall have a Writ of o'i-o eh Aii*, !>ke as is declared in Mag™ ('hart* and ocher Sutures, the Law favouring the Liberty and free¬ dom of a man from Jmprifcnment and that he fhouid not be long jmorifoned, alloweth the Writ Odia fratia, for Bail- in. ©a. of prifen, though the caufe were molt odious.,and itf favour of the Prifon, by Mag>u Cbma chap. provided that the: Phfoner (bsii have his writ gratis without Fee, ■virhou: delay ot denial!. And Sir E-i.-v.-rA Ccckt , upon this Statute of CMagna Ch.ru faith, though the offence whereof the prifonerwas acrufed were fuch as he was not Badeabie by Law, yet the Law did lo highly hate the long imprifonment of any man, •alb ough accuied of an odious and hay nous afore, that it gave him this writ for relcefe, and that there was a meane, by the Common Law, before indictment cr appe.ilc, ropro- tc£Rthe inn jeentagiuiit! ia.fc accufation C 0 ^>»bisi panof IrfitmssFilv. ' ' For the pnfy.crs commitment topnibn, is only to this end .that he may be forth commi ’g, to bfc fpeediiy and duely trycvi according to rh:- Law and Cuftome of the Realme,nay, the Law hath Scene fo rat from allowance of detaining a man Iona in prifon, without due and lpecdy try.;)!, that it was re- {blued in the cafe of the Abb at of Saint Albans, tohavea Gael:, and aGaole delivery and divers pertains were com- miced to dial Gtolc, and cecanfe the Abbot would notbe at coftto make a Giole deliverance, he therefore detained them in prifon along time without mak.ng law foil deliver¬ ance but the Abbot had fot) that very eauie fore-cited this Fiaachifq feffed lets che Kings hand, and the Abbot.of ■Crmland Liberty againft Slavery. Cropland had alfo a Gaole, wherein divers men were impri- foned,and becaufe he detained Tome that were acquitted, the. A r King feifed the Gaolc for ever, vide the 8. of Hen.^.foi. is. the 20. of 8 (Ht,foi. 37,81; 38 neither ought any man to be kept in prifon without being brought to anfwer and fpeedy tryail. Magna chart# chip. 26, whereby it appeareth what expedition ought to be nfedfor avoyding of long im- prifonment, the time of twelve moneths, nay, one moneth was then thought to ,bee long, therefore thc time of feven, ten, or twenty, yeeres imprifonment now ufuall, is moft batbarous, vile, inhumane, and farhanicall and favours no waies of any Chriftianity, or of the true know* ledge and feare of God; and it is to bee obferved. (faith learned fir Edward Cooke ) that lex axg/U eft lex mif< Georgia , the Law of England is a Law of mercy, for three caufes, firft, for that the innocent fiiall not bee worne and wa¬ fted by long imprifonment, but (as by the Statute of Gloc, chap. 9. and by Magna chart#, appeareth ) fpeediiy to come to tryail. C Secondly, 5 6 Likrtj) againft SUverf. ■Secondly, that prifoncrs for criminal! caufes, when thef ire brought to their triall, be humanely dealt withall, for. Severe: axiditn fecit jufiiti4 inhuntanos non fecit , juft ICC ma- keih the Judges fevere; and fleta faith, C' Am a ** em CA P ! * •* die-is product debmr.t non frodtn&ntur armstti fed Ht jndit.'im re- cepturi r.tc licati r.e videamxr reffoxdice ceaiii, that is : when prifoners are brought forth to judgement,they may not have. any weapons about them, but as men to receive judgement, of Law, neither ought they to be fettered, left they feeme to be inferred to anUvcr. Thirdly, the Judge ought to rabort himto anfwer with-? outfearc : and'hac juiPee faal! bsducly and truly adminiftred unro him. Cook? a.parc InJHtui, ftl.$ 15,316, feeing by the law, Grdcrs and onion keepers are not to cake any fee or reward of any.pnfcners, and feeing Gaoles and pnfons be nor private or particular mens, but doe properly belong to the common wealth, andfb to be maintained at the publique charge, and ior that purpole the keepers of the Gaole of K;ngs Bench and the pnfon of theFieet, together with lome orhcrpnfor.s have and receive certain fcverall yearly ftipends out cf the Exchequer,- of the King as appeareth by their feve- ra grants under the great Seale,as ailo by the ancient Records in: to Tower. Seeing then that by the Lawn prifoners ought to be well and humanely ordered andufed, while they be continued mP.ilon, and having fuiv proovedrhat men ought not to be imprifoned for deb:, and how cliat long impnfonmenc,is- in and by the Law adjudged odious and provided againft, we will therefore alfo rake a bnefe view of the feverall Fees, Extorted and Exceed, by fame of thefe pnfon keepers in and about London, and b~w they ufe, or rather abufe the Poore pnfonersunder their charge and cuftodv,thc Fleet and Kmgs Bench, being the two priuieCommon ihores into w c!l all other pnfons of England and Wales empty thcmfelves, rfduc inquifition were made of thefe alone, it would be found ihat no icftethensocol’yearly, ii nor 3000!’ is taken and ex¬ erted ftem poo: e f rifonei* by eithe? ofthofe Gaolers, their Clerks Liberty againft Slavery. \ j Clerks Sr other? their evill minded fubftitutes.yet have we not feen nor heard of any one Gaoler punifited for thefe their ex- tortions.K other their cruelties Sc mifdemeanorsiall w ch have been complained of by prifoners,) no nor fo much as efreked for their crucll oppreflive pra&ifes, fince the i. feflions ol this Parliament, which hath fo much the more mboldened them and their hellifh Impes, to perfift in their cruel waiesofop- prefling, affaulting, beating and robbing the pnfoners, tor¬ menting them by iron fetters, ftarving, and clofe imprifon- ing them at their plcafure, requiring alfo and forceably exaft- ing from the prifoners their illegal Fees, execeffive Cham¬ ber- rents, and other their feverall exorbitant, boundleflc, and unlimited demands,or rewards as they p'eafe rotearrnc them, all which feverall mofl grievous t r^W)OppreiTions and exactions, if exactly particularised, would requite a very large volumne,. therefore 1 putpofe only (in briefe) to ac¬ quaint you with the inhumanities ot Newgate, the cruelties oi Kings Bench and with fome paff.ges only of the Fleete, and Tower ofLondonjn its due time and place)in the raeane time I will only give a touch at their (Law I die) high and tranfeending Fees constantly exacted ot prifoners, Newgate, that vile and miamom Prifon, the old Epifco- pall Slaughter houfc of many ot the deare and precious Saints and fervants or Civ -ft, hath and doth to this day re¬ fine itso.d M i'ig'uncy and invert rate mai.ee, asappeareth in their bad Wage of mar worthy and conftanc fuff:rer for his countries liberties, Lieutenant Colcnell John Lilhm , andochcis. a . . It is not unknowns with what courage and conltattcie this dcferving Gentleman mainlined the Kingdomes caufe and liberty againlf the blood y Pi elates - L;-.ilnng Loris and Lav), beu ajinofudu's ol thofc times,how neither that oloody Cen- fure of the Lords in the Star-chamber, nor the rigorous and crncll execution tnercof Neither all the Barb uous and dal- v.ipc nidges of faints Ingram the Renter- \tyatdcn of tnc Fleet, and his bloody lubflitntes, towards him •, -whilft hec vyas kept in the Common VV aids ot the Ficet, could i S I iberty again ft Slavery. in the kill bring his fpirits under, or be brought to ftoope t 3 thcfe lofty Cedars and fonnes of A»*k. but under-went (with all cheerfuinclTe) what miliccand tyranny could devife or inti cf upon him : And with an undaunted mind and refolu- tion endured ail> withftood all their aflaults, and by the affi- irance of the Almighty overcame all, and lived to fee the downfall and confuiloii of mod of thofe, his oppreffours, all which his undaunted refblution will be recorded to all pole¬ mics, and may juft iy reprove oux pudlanimiry and poverty of fpirit in this Generation, who are fo fearful! to own them- felvesj andmoft regatdleile of their liberties and countries, welfare, mofr men now preferring their owne prefent cafe and wealth, before the future welfare of their poftericy and countries Liberty, to whofc true valuation ail the riches, ho¬ nours, andpromotiensof men is not to be compar’d. Oh. cr.gl.mi feeke after this thy precious Liberty 1 Breake ofhhis thy Iron ban j from ft thy neckyand bow no more under thit yoke or bondage,fuitci thy fclfe to be no longer lulled afleep in this oppreifingcrad'e oi fcciirity. Thu worthy Gcntlem.m.wh’' may be truly ftiled .Liberties ChsKpiui, being commicredro Newgate by the Committee, '"t Ex urinations i,i .i.-ny--/? 1645, which commitment. be¬ ing pur to :h-. qacflion.chc Houle of Commons approved of, yet after his continuance t welve or tiiirteenc weeks prifoner; N j info: matron or ch wge being brought againlt him,he was then difc.’nrged c.f his tmprifonmcnr, which for the time was to him boihgricvous and chargeableThis is mold ccr« taine, that he hath deferved better from the Houfeof Com- mons,having formerly adventured his life fo freely for them againft Captsiiic H/*r, who drew his fword in Weftminfler- Hall of purpoiero make an uprorc; but was by this valiant. Gentleman di'armed, who brought both him an i his fword to the Houle of Commons-, but the Sergeant at Arm.es let. the Capline go, reiioring to him his fword, who being no tponer come to the rciidue of his companions, caufed them -o draw’ their fwords and tali to flaftung and cutting,driving the naked people up to tire very Parliament flairs with a re- loliuicn: Liberty again/} Slavery. 19 folution (as was then conceived) to cucthe throats of all the Houfe of Commons, which was then by the valour and cou¬ rage of this Gentleman Lieu. Coll. Lilbume, Sit Richard wife- »w>vand their friends prevented, and the Parliament houfe _ ("for that timej fecured. The Fees which the Gaoler of New gate exuded of Lieu. [Coll. Lilbume were great and cxcrilive : The affronts and : wrongs put upon him and his friends there, were mofl infuR ■ ferable,being alfomforced to pay for bis chamber-rent about : twenty fltillings weekly, as though Newgate were theGao- j lers and not the Common wealths. j This Gentleman hath been fince alfo commitcd to the I Laid Prifon of Newgate by die Lords, contrary to Magna ! Chart*, and the Petition.of Right, where it is laid; Noman frail be irnprt[one d, but by the judgement of hit E quails beingmas of like condition and quality, that is to fay. Commons'bj Com- | mm, as Teens bj Teerts t and no man put to an /iWr before In- I dichtrnt or Prefentment in matters Crrminall, 5 of Sdr.’.q.chap. ■ 9 the 25 £dvr, r hap 4X0 as the Lords hive Dot the lead colour ; or fhaddow ofLaw to paffe Judgement of life, limbe, or li- ‘ bertie upon any commoner of England, fee Magna charta, chiip.ip. and thi? notably appearcth by a Record of Pariia- ; mem, where albeit it was accorded inthe upper Hcufeof- Parliament Anno 6&[£aw, 3. »«.£>■ that Inch learned men 1 in the Law as fhould bcfcncas Juftices orothevife, toferve [ in /W.i«a, fhouid have no cxcufc vet that being no Ad of Parliamcncitdid nothin i the fubjed,and further it is ir a Sit¬ ed that if any man be arrefled or imprifoned againii the forme of the greae Chatter, that he lhall be brought to an- fiver and have right -Rot. ParUm.nuw. 60, and thereupon (faith that learned and judicious man Sir £d». Cooke) ail Commifiionsare grounded wherinis thisclaufe Fatluriquod ad jnftici impcrtmct fecunatvn legem ef confu-tudinem angl'ut, to doe jufticc according to the Law and Cuftomes of England. And it is not flid legem confuetudinem Regis Anglia, The Law and Cuftome of the King of England, left it might be. thought to bind the King oniy, nor ( Populi Anglia) the - c 3 people. 20 Liberty againfi Slavery. people of Err land, but that the Law might extend to all {per Legem terra) by the Law of the Land, MagXA chart*, chap. 2p. Againft this ancient and fundamental! Law, and in the very face thereof (Dich Sir caw.Cooke) he found an Ad of. Parliament mad? it the u of ft*, the 7. chap. 3. ehatas wdl Julfices of Afiiie,as Jufiicesof Peace wi.hour any find¬ ing or prefentment by the verdict of 12. men, upon the bare information f„,r the King before them, (honld'havc full power and authority by thnt defections to heare and de¬ termine all off nces 5 c tontenpts commitcdordonebyany perfon or perrons aguinfithe forme, ordinance, and effeft of any Stafute made and not repealed, by colour of which Aft : fl»kingthi. ; Fundamental! Law, (it is not credible) faith he what humble upprctlions and exactions (to the undo¬ ing of infinite number? of people) were commited by Sir Richard to.pfon Knight, and EdmandDudly, being Julfices of Peace through England, and upon thisunjulf and injurious aft as commonly in the hke cafes it fallcth out, a new Of¬ fice was erefted, and they made mafiers of the Kings For¬ feitures. But at the Parliament holden in the t. of ft*. 8. chap. 6. thisAffof ft».7 is recited- made voyd and Repealed, and the reafon thereof isyeclded, tor that by force ofche faid Tbrfeop- Aft,_ic was manifeftly knc.t re that many fimfter, crafty, p::iT;ons a °d forged informations had becnpuifued againft diver? of sr: the the Kings Subjects, to their great damage and unlptakable Liwysrs vexation, (a thing molt tnq unt and ufmll at this day and huh-Scid * n £ ^ etimes ; and the ii iuccdl'e whereof together with the ofccnt'n- rno ^ r fcai-fuil end of thefegreat OpprdTors fhonlddeterre 0- tioatothe there from committing the like, and fhoiid admouifh Par- psopiss liaments in the tnturej that in tread of this ordinary and reCps snd precious tryaii Per hgsry. 21 like arbitrary and unlimmictd jarifdiftion, to the great op- preifion of the people, whereof cvenar prefent all feverall Counties of England fadly complaine, but hitherto findc little or no RediciTe, fuchisthe mifery of thefe times. But let us returne to our honeft Prifoncr in Newgate, Lieu. Col. L'dhti-ne after his being committed thither clofe Prifoner, being to be carryed before the Lords*, hcc defired to fee and havetheCopicof the Warrant for it> but the Sheriffeof London refufed to giye it to him or any of . his friends, a thing never (heretofore) denied co the word of men whe¬ ther theeves or rnur thetas. When fomc of his friends deflrcd to fee him,it was denied them, and then alfo moft vile and bad language returned un¬ to them by the Gaoler and his uwyotthy fubihmtesySccond- dedalfo withfeveral threatningsjnay 3 his «’//> was no; fuffred . to give him any vi£tuals,or to come unco him, An unheard of cruel:], being ag unll the Law of God, Nature, and Nations , apt'iyiicdg; allowed to Traytors never denied to any Maie - fafforsto have their wives and friends miniller unto them; this fund of cruelty and injultice the Patliament in their Re- monftrance of 15. Dvccmb. 1642* condemneth andcom- • piaincthof. in thefe words: Where amongft Gthe r weighty matters, to fhcvv the bold and prefumptujus injuilict ofmchMmiPeisas durlt breake the Law es, and fuppn lie the Liberties oi the Kmgdome, af¬ ter they h id been fo foiemne'y and evidently declared. Another Parliament daTolved, 4. Car. the ptiviledge of Parliament broken by ltnpriloning diveifc members of the^ Houfc, detaining them clef pnfo, k is for many monechs to¬ gether without liberty of tiling books, pen, mke paper, de¬ nying them ali the comforts oi life, ad means ofprefervation ■ of health, not permitting their wives to come unto them, even in the time of their fickneile, arid forihe compleatmg of that cruelty ..depriving them of the means ot fpiritualcon- folation nor fuflered to go abroad to enjoy Gods Ordinan¬ ces in Gads Houfe, nor Gods Miniftcrs to come unto them to admitiilicr comfort unco them in their private chambers. 22 Li hi rty again ft Slavery . and to keep them ft ill in this oppreiled condition, not admit¬ ting them to be bayied according to the Law. See book of. Declarations, V-fi. Vpon tit- Loris order for bringing Lien. Coil. Lichee before them, the Sherifte of London in a reproachfull and dif-_ honorable manner, fern him from Newgate, asatheefe.or fomefuch like Malefactor, attended with about 30. or 40. Sergeantsandother Officers armed with clubs and ftaves, at which time being brought before the Lords he then was by them committed to the Tower of London, the Fees there, being far greater, and his ufage not much better then New¬ gate, no coniaer.uion or regard had of his former fuffer- l.ogs and leffesmor how he is and hath been wafted and fpenc in attendance on the Parliament, forfome due reparati¬ ons for bisfGrmerfarfeimprifonmentand barbarous ufage, u^on that cruel!, unjuft, and nnprefidemed Dime of Star* chamber, here the Gentleman mull bee left naked againe, his upper garment by the Tower Law upon his firft entrie is forfeit to the Lieutenant as a Fee. This is not ro cloth the naked ,1s this the Reformation (fa long lacked and reified for by the free bcrr.e people of England) thus to fpoylethePnfontr, and Cambli-iike to Feedfat up¬ on thepf) of mr brethren, Bucwhatmuft he pay there for entrance and admiflion, NoEffe then thirty pound to the lieu¬ tenant of the Tower, -five pound co the Gentelman-potter. Lodgings of chamber-rent there exadted is great, of Lome f.f.j-(hillings, of other forty, and thirty is there taken. How can wecomplaine of the cnimies fpoylings and plun- drings-How can we fpeak againft the enemy for violence and irrong-diing ? With what face in JufticetanWc doit 1 VVhilft Out own: great Officers of State are fuffered, countenanced and protefted in thefe their exceflive and unfupportable cxafti- ons, andoppeffions; But feeing the Gentle-man muft payfo dearefor his entrance and Lodging, who would doubtof his kind ufage and entertainment there, but alas here is but Newgate welcome and ufage, he muft not [rave the copy of the Warrant for bis commitment, he muft neither Libert) againft Slavery, . be allowed to write, nor any friends to fpeake with him, • without his keeper being by, and firft the r giving in their names and places of habitation, nay, his wile may not ac¬ company him nor bring anything to him, but in prefence of his Keeper, noconjsgail duties.may they perform ethc one to the other, bat (fill the Keeper mod be bie. When chis woi thy Gentleman defired the copie of the Warrant (or his Commitment, it was denied him by the Lieu'enmt of thsTovyer, who tould him it was not the cu(force there togiveany* hut he would rca ie it him,which he did, being to this effeft, chat the Lieutenant of the Tower (h- friends* *4 Likrty dgainflSUvery. friends, and fucb ofthem as he fuffered to go to him, thofe palls not without affronr, (O the cruelty and wickedneffeof the times t What is inhumanity, if this be not ? Nay, what is Paganifmc or T tirkifh.flavt ry, if this benot J'uch ?) If this be tht Efiglifi mans Libirtf, what is feivitude ? But as though this his ufage were yet too good for hin, or this his drift -reftraim not great enough. The Lords have of late given a farther order for a more thrift watch over him.: Thus you may fee w’ho ever be that fpeafceth freely, or tvri- tech in defence of Lrv or Liberty, though never fo worthy or delerving, then either by iurmifed imputation of fomeca- pitallcrime or by-aggravation of fmail caufes by far fetched arcana fiances or {trained conftruftions, his life or liberty,or both, is calhd into queff ion. What benefit, what comfort then have the people of this Realm,in having the Star- cham¬ ber and high Commiffion Courts taken away,if theirfeilo w- Commoners of England fhail be thus inflaved.and thus fuffe- tedjWithout Law to be robbed and fpoii cd of the i t Liberties* and in all this time not vindicated; what availes all the blood, Traveiiand Trcalurc,which hatn beeofhed and fpenr for the recovery of our Lawes and Liberty; ifthefe abufes and op- prefltons be not redfdled, if thefe outrages and violences be thus gaffed by ? May it not be truly faid, that wc have fought our fclves in¬ to (lively Sc our Government turned into a Tyranny in is a . gneie to fpcak it,and for to hide it, it avaiieth not,being now come to me knowledge and fight of all men. Our Ancefiois Gloldiived in the higbcfi pitch of perfeft Liberty, and wee -now in dejected fervilicy we are not ufed as free men, but as abjefts, yea, as mcere Caves. The ieveral extortions and exactions of thefe our Gao’as and'Prifop keepers,have wafted us more then the devouring bwerd^ot the encmie, we are brought to that referable condition which caufeth our friends to pity ns, andour ene¬ mies to flout, fcorne and deride us .being alfo become a bur- . rhen to our icives, i his is our condition, but what and wf ere is the remedy? we have fonhefomany yearcs patiently fuf- Liberty dgainftSlaWj. Yy fered and humbly filed for eafe and remedy, what fruit have Wf reaped? Behold our patience and follicitations have pro¬ cured unto us ('hitherto) nothingelfe but continuation of our nailery and inrreafe of punilhmencs, and our feverali complaints (agdnft Gaolers and their inifruments ofcruel-, ty) have caufed us to undergo, more Egyptian fliipes, and with hazard of life,yet we ftiii rem.iine unheard, nor pitied, not regarded, whereby our condition is farre woife then the condition of-their h iUnds in their kennells, and haukes in their moves, which are by them both regarded and care¬ fully provided for with food and lodging, convenient and fitting, What is the rcafon of this their great negleSt ? Becaufe We me Poore, Pet re f fey,and not able to fee Lawyers, Atiur,neys, Solicitors and Gaolers; for if we had moneys to fariace thefc Horfleechcs, then (though onreaufes were never fo unjuff, and debts never fo great) we fhould no wayes doubt tbegain-. ingof our Liberties, it is not unknowne that feme guilty and condemned to. dye, are fufiered to go at large, and have their liberty, this Gaolers may do, and what not >. But it may be faid, that other prifons may be better ordered, PriToner?, clfe- where better ufed: Not the like oppreffionsand exa&i- ons pra&ifed But that thefc exorbitances and oppreffions arc common and univerfall: Thedaily ufage of Prifoncrs in the. Kings "Bench and the Fleet will abundantly and clearely ma-. nifeft to all men. Thefc exactions of the Pnfon of the Kings Bench (in part) will be difeovered by thefe Fees, and fummes of money by every poore pi itoner there pdd in particular: Firff, the charge of his removal! from and out • f the Coun¬ ters, is fddome n-fle tb cn fourc pound or five; cund. Secondly, if a prifonei be remov' d from kune Pnfon in the Country to t he Kings B-'och- tie n it {lands him feldomc inlittleleffe then twelve pound, or fifteene pound. Then be¬ ing turned over from the Judges Chambers, there is Item to the TipftafFe eight (hillings fix pence, hew , upon entring his name into the Gaolers bookc, now paid at the Kings Bench doore, on the Mailers fide,thirteen (hillings fix pencejwhcrc- as Sir Qrtrgc Reuoldtu the fitfi txr&ed but three findings Dj fourc t'6 Liberty againfi Slavery^ foure pence,f whereof the due Fee is. if any, but foure pellet) Am ,for Chamber-rent, for tome Chambers ten (hillings, fome eight (hillings, fome five (hillings the weeke, yea,al¬ though fix men iye in one Chamber on three beds, yet they are inforccd to pay each man two (hillings fix pence the weeke, hem, to the Chamberlain, to help the Prisoner to a Chamber two (hillings fix pence, yea, (ome times five Shil¬ lings : but if the Prifonerdefirc (upon fecurityjto lie in the Rules, then in the -firft place, fo much to the Lady Lem hall, for her favour in it. hem, to Frith the Clerk", for approving .and taking fecurity for the Priioners true inipnf 9 ntnent, 20. (hillings, -i 5. (hillings, or 10, (hillings at the lead. Item , to Mr. Holland for making the Bond, two (hillings fix pence. Item, to Sir John Lem hall for liberty weekly paid by the Pri- foncr,fomc2o.(hilling',forac fifteen,(hillings,Comcio. (hil¬ lings, fome five (hillings atthefea'L; And Sir John Lemha/t Rules reach fometimes as far as Torke .- If the Prifoner be in Execution (and of Ehate) then there is accompted to him, and required of him for each diyes liberty out of Termcten (hillings fix pence, but if in Teime, fourdhillings for the fidt day, aid three (hillings for each day alltheTermc after in ,gcnerall of all Prifoners, which together with thechargesof his keeper being two (hillings, and other charges abroad a- -mounts tonoleife alfo then ten (hiiiings a day. Item , fo much to the Lady LemhMl, at Chnfimas, Eafier, and Whicfontide, from every Prifoner, &c- And upon the dilchargc of a Prilbner, required and taken by Sit John Len. thtll, his Deputy Thomas Dost fan, his Cierke John Landman, and others his fervants. Imprimis, To Sit John Lem hall ten (hillings. Item, to hit .Deputy Thomas ‘Dtttfen ten (hillings, as his Fee. Item, By Frith demanded., and of fome received feven (hillings fix. pence. Ium, to the Tipfiaff s fix Gulling?. Ittm , to Ralph SVkiI filer, th: chamberlain, and Zachary AnJ.oe two (hillings, the Porter two fiullings. Item, m the total! : and as the only due andUvvfull-Feeco Sir John Lemha'l the Marshall foure .pence. Ium, to Dtstfor. and Lrdmar., for wich-drawing of cvcjy Liberty agctmji Slavery. 27 every Aftion two fhillngs foure pence. Itm, to she Marfhall Sit John Lemhall alfopaid by chcPiifor.ee three.haifc-pcnce in the pound for every Execution depending, againft the Pri- foncr> and this coil unjiilily required and taken, although the Creditors themfelvcs diftharge the faid Aftiors and Execu- tionsfreely, and upon the Pnfoners refufali to pay any of thefcexorbitamPees, then is had by them, forthwithchar- ged with eight or ten new Aft ions in ftrangc and nnknowne mens names, and fo ftill detained Prifoner, where many thus have ended, their lives there*, others inforced after difeharge by their Creditour to pay unto them for the ta¬ king off, anddifeharge ofluchfajfe Aftions, noleffcthcn eight pound or ten peund,I will only mention to prove the truth of this Miller George Barrage,[o m nime Pilate of the RoyaH Soveraigw, who afeerhis agreement with his credi¬ tour, had no idle then ten feverali fa fe aftions by Dm fen and Landman charged on him. F rom which to dee re himfelf he then piotefled that they had inforced from him almoft ten pound, this was done in the yrare 16^, yet-this man was Prifoner, but in the common Gaoie of Kings Bench. Fees required and taken of the poor:: Pnfoners in the common GaoleofKings Bench. Item, at their being turned over by the judge,to theTipftafefMd.Itcmtothe porter is. Item at their difeharge 28s, 4d. ihared bttvvcn the Mar- (hall,his Deputy,Clarkes, and fervants,of all which by the Law there is but ^d. due to be paid and that by a late Statute, as for all the reft ot their iilegall and unjuft praftifes and barbarous cruelties inflifted on Pnfoners,!delene the iela¬ tion thereof to a further difeourfe, referringyou (tor the prefentj to the Pcifoners petition lately printed to the Houfe of Commons, andfor the feverali iilegall p^ofes, exotbi tarn Fees, and mhumanecrtielues taken,afted,and done bythe feverali Oifrers of the Fleet, I referre myfelf unto the Articles formerly Exhibited to the Huife of Lords againft them, deferring the particular relation of their feverali a- bufes lately afted to another time if the fame bee not ti- mouily regulated and amended. D 3 Etifoners *8 Liberty dgunft Slavery. Prifonefsfordebtinthe feverall Prifons>.whilft they are able to pay and have the favour of fomc Judge, or one of the Ccmmiflioners of the great Seale, may have a day writ to goc abroad, (which what is ft elfe but metre fraud and ccuznage) to rake their pleafure where they lift, to live a£ homem their owne houfes, toTrade and trafique in their owne Country, with this caution as a man of bondage,that in ail that ome they muft pay chamber rcnc 3 prefent the Gaoler with feme gift, and pay well his fubordinate officers, thefebethe profitable tenants of Gaolers, and thus the Law and tite Creditors arc cozned and deceived, bucotherpoorc Pfffbners who have not wherewith to fatisfie the greedy luffs and affircs of their wills, nor anfwer their unlimited exceiPive Fees and-chamber rents, are by them mewed up clofe in Pnfon, or otherwife aifpofed in the worft and meaneii lodgings, and moft inhumanely expofed to all mifery and want, and feidom or never come forth untill by death*they are freed: yet here being fuch whom the Law hath declared tray tors, can. enjoy their Liberties and all die Freedoms and accommodation that the Ptifon can af¬ ford, and goe abroad at their pleafures, fuch as thefe who are the Capitail enemies of the Kingdome, open Rebclls to the State, are the only men in efteeme with Gaolers and their fervants, live in all pleafurc and ryot, being coun¬ tenanced and rcfpecicd, there they contrive wickedneffe and deceit, Prifons to them, arc no other thcnSan&uaries and places of fecurity, where then all manner of vice and wickedneffe raigns ana is tolerated,Prifons being none other- then houfes of Sodomie.here are rapes afted unqueftioned, unreproved, yea,, they are become the very houfes of hell, and of death, the receptacle, nurferies and feminarics of all fiithinefle and vice. But if fuch as are honeft and well minded although coot- mitted thither for feme triviall matter, as refilling to an¬ fwer interogatories againft tnemfelves (a cuftome now of lace growne a thing which Law and nature abhoares, diac any fhpuld bee a felfe-deftroyer, according to that maxirae Liberty Again ft Slavery* 2 p maxime of Law, Nemo tcnettrr prodcre feipfm', No Blau i<, bound to betray himfelfe, frequent and common, as in the Pieip/’que times.) are dif-refpefted, (corned, evill intreated, an d by one way or other diigraced^defamed, and raadethe (png ot the Drunkards and Deboyft blafpheming Cava- leeres-, thus are thefe poore men laden with contempt and reproach, yea, fuch as come to vifice thcm or minifteruota ! them, abufed, threatened and evill intreated, as divers Pri- Ifoncrs both m the Kings Bench and the Fleet have been bea¬ ten, abufed, Famifhed and ftarved, fo that for any honeft [man it were Idle grievous to dye at once by the hand of tome crueli Executioner, then thus to mournc, live, waft and confumc, in thefe fo\i!e-dtftroying Prifons, yet, arc thefe infoim ies and extrearne -oppreffions ftill tollerated, land not a„y complaints againft them can be heard: fuch layout and f;i<;».-jftiip, their wealth.gotten by Rapine and ■RobberK hath }?yin?d them, the poster andgreatne^eof fome eminent LiW'yrs, their aliyance like wife ferving them for a fhelter, buc-I hope the Honourable Parliament, will now atleogth provide fer the timely reiiefe and inlargement of their poorc oppreffed and urijullly inflaved Prifoners, and not fuffer them any longer to lye languifhing in this their prefenc perilling condition,.dor feeing manydiundtcth of Ordinances have paffed-tor the freeing and difeharging thoufands of Delinquents, who have fpyyled, plundred, wafted and deftroyed whole Townes and Countries*killed and murthcred the Kingdoms friends, yet how can they in 1 'uftice deny theirs and the Kingdorr.es friends and frec- Imen of England, their juft Liberties, fo long expected, fo much Solicited for 5 furcly if any feare of God, ifany love to their native Country, Law or liberty, remaineth in them; [they will not fuffer the freeborne of this Nation longer to feinflaved and tyrannized over by thefe Egyptian Taskrna-. Hers,bur without further procraftination free us Irons our tin* mercifull opprcffors.for as Juftiec is the honour of a Nation, the Lod-ftone to draw down the favour and mercies of God upon a Land and Nation, fo doubtleffc (if timely .prayilion be io Liberty again/} SlaYeryl be not made according to the wiii Sc pleafure of God and thij Fundamental Laws or this Rcaltnc.fur the prefervation or rarlirr rcfiaurauon of the fr«e prafticeof juftice, &our native juft trcedomss, thedrcadtull Godof jufticc (for theinjnfla ofihe Rul'-rt tf tbspeofU) will in hi*. wraihand furyconteQjJ againfi ihera, and inaway (by them not thought of) will in rncrcy (end deliverance unto the poote inflaved Prifoncrs, and bring an cvill upon their adverfuies and opprcflbrs, which (hail aftcnifh them, wraihand defhuftion (hill take flou'd oi them; Ti.is is the Lords doing and marvellous incur. ij(j } [olu all rhj eximits ferijb 0 Lord, .