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.

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. With Submiſſion to your Honours,

THAT State or City which would preſerve it ſelf in good Order, and free from the diſturbances of Ill Government, muſt cheriſh the juſt Impeachments and Accuſations of the People, againſt thoſe who contrary to Law, through Ambition, Avarice, Pride, Cruelty, Oppreſſion, Extortion, Violation or Corruption of Law, &c. ſeek to deſtroy their Liberties, Properties and Right, which have long been a very ſevere Judgment over this Nation. But now by God's Mercy, the Extraordinary Goodneſs of Our King, and Your Great Prudence, We hope to ſee the many Grievances (which this Land Mourns under) redreſſed; Illegal proceedings puniſh'd; and Oppreſſion ſo diſcountenanced, that ſucceeding Times ſhall not dare to barter Juſtice for Gold, nor ſacrifice our Priviledges to Riot, nor truck away the Liberty of their Countrey for a little Court Holy-Water.

The Nation being thus redreſt and ſecured againſt Tyranny and Oppreſſion, &c. it will not only divert God's Judgments which hang over its head, but greatly improve their Riches, increaſe the Inhabitants, and thereby much leſſen the burthen of Taxes, &c.

It cannot ſure be cenſured as unſeaſonable (becauſe always juſt and neceſſary) to remind this Honourable Houſe, in whoſe power only the Remedy lies, of an eminent Inconvenience to the Nation, which is the Sale of Publick Offices; In reference to which, I ſhall chiefly confine my ſelf at preſent to the Honourable City of London, the Envy of Europe, Rome's Terrour, England's Heart, where the Vital Spirits circulate, and the Grand Pattern by whoſe Meaſures ſmaller Corporations are apt to make their Precedents.

That which I therefore humbly offer to Conſideration is, That 'tis Diſhonourable and of very dangerous Conſequence, to Expoſe publick Offices and Places to Sale. For it deflowr's the Virgin Purity of Juſtice by ſtopping the Avenues that lead to her Palace, with Mercenary Encumbrances, Expoſes the Purchaſers to almoſt inevitable Temptations, and gives an inlet and plauſible Colour for deſending Injuſtice, Bribery, Extortion and Oppreſſion. But to double and treble the value, to manage them for the beſt advantage of the Seller, and to put him upon the Rack of Improvement too; what is it but to beſpeak the unfitteſt Men, either through want of Honeſty or Experience that we can meet with, to manage theſe Affairs and Places in which Juſtice, Reaſon and Prudence, require the moſt upright and moſt judicious perſons that can be procured.

Becauſe the Fees of Attorney's, Clerks, Serjeants, Goalers, &c. in the Courts of London are vaſtly raiſed, through the increaſe of Injuſtice, by reaſon of the too frequent, malicious and impertinent Actions, and general Corruption among them: Yet no Magiſtrate ought from thence to raiſe the value of an unlawful Sale, becauſe he finds a numerous ſort of People thriving and doing well, by living and doing ill. And the ſame Reaſon holds againſt the Keepers of Priſons, who would never give ſuch Exceſſive Rates for their Places; nor could they live at ſuch an extravagant height of Pride were they not wicked Grinders of the Poor; Men that lay the whole deſign of their Advantage upon the Calamities of the Miſerable; at which the Magiſtrate may truly be ſaid too too much to connive, who ſuffers his Coffers to be fill'd with theſe Golden Temptations, becauſe he ſees them cloathed ſo rich, and grow ſo Fat upon the Ruines of the Unfortunate; which is quite contrary to the Office of the true Magiſtrate, who ought to have a careful Eye upon the growth of Oppreſſion, to curb and remove the Exorbitancies of Injuſtice, and to Sear away the proud Fleſh of Avarice and Rapine, and not to ſell Impunity to the Evil-doer. Therefore it is not to be queſtion'd, That whoever receives Money for any publick Place, ſuch Perſon does but receive a publick Bribe, which only Cuſtom, and perhaps too common Connivance juſtifies. For never any Man, came to any Office by Money, but he was forced to exerciſe his Authority wickedly and unjuſtly▪ He that buys muſt ſell, or he loſes by the Bargain Which makes the publick Offices of London, like Briars, to which Sheep repairing for ſhelter, loſe a Lock.

If an Appeal be made to Holy Scripture, there is moſt certainly no Learning under the Sun ſo Chymical, that can extract the leaſt drop of Authority from thence, for the Sale of publick Juſtice or its Dependencies; but exceſſive penalties it may find enough, upon all manner of Extortion, and upon all thoſe that connive at, and ſuffer it; ſo ſeverely menaced, and ſo truly threatned by Him that never fails to perform, that nothing but a fatal Irony can excuſe the contempt and neglect thereof, as if the Ears of Profit could not hear the Cries of the Poor for the thundering Noiſe of God's Judgments, ſo ſeverely denounc'd on their behalf. However they who require more particular ſatisfaction, may read that Excellent Oration of the Prophet Samuel, which he made upon the Reſignation of his Government.

Being thus Baniſhed from the Commonwealth of Iſrael, this Tenent finds no better Entertainment among the Heathen, with whom we find theſe two Maxims, like two Golden Pillars ſupporting the moſt flouriſhing, and moſt Victorious Cities in the VVorld, which Ariſtotle hath not been a little Induſtrious to maintain. Firſt, That the Sale of Offices is the greateſt wrong that can be offer'd to a Commonwealth. Secondly, That Money ought not to buy thoſe Places, which may, nay ought to be the Reward of Virtue, and are the fitteſt means to ſupply the Neceſſities of Good Men. The Sale of Offices in the flouriſhing times of the Athenians was abominated, and by the Lacedemonidns exploded as a Crime: and the Roman Empire in its Increaſe and flouriſhing Condition, fined and puniſhed thoſe that ſought Offices unjuſtly; and they then firſt foſtred Diſſention among themſelves, and their own Deſtruction, when they brook'd ſo patiently the Sardonic Scoff of Jugurth, All things at Rome are to be had for Money.

Certainly, the Perſian Cambyſes had been too ſevere, when he flead one of his Judges for Extortion, had he ſold him his Place, much more had he farm'd it to him at a rack Rent: Nor can we believe the ſame Judge's Son would have given an exacted ſum to ſit upon his Father's Skin, which he was forc'd to receive for his Cuſhion, being placed in his Father's Room, to terrifie him from the ſame Offence, which the King then told him would deſerve the ſame Puniſhment.

I might here repeat more of Hiſtory, but my deſign is not Prolixity. To aſcend then from Hiſtory to Reaſon, we meet with a Theſis fairly bordering upon the Law of Nature, as undeniable as Truth it ſelf; That there is nothing arms a Purchaſer with a more confident defence of his unjuſt Dealings, than Money given for an Employment. It makes him that he bluſhes not to be accuſed of Rigor and Extortion, to be arraigned for Violence, nor values he the Frowns of Magiſtracy, while with a daring Forehead he is able to upbraid his Superiour, telling him, he had not his Place for Nothing, but paid ſoundly for it, and therefore hopes he ſhall not be debarr'd from making the beſt Advantage of what he has purchas'd at ſo dear a Rate. A Thing ſo obvious, that reprove him never ſo ſharply, never ſo ſeverely, it ſeems Colluſive and meerly Combination, ſo little does it ſignifie. For turn him out of Poſſeſſion, and the Succeeding Chapman is diſcouraged. Nor does the Judge himſelf eſcape the ſmutty cenſure of Self-Intereſt and Partiality, that he only removes the old One in hopes of a better bargain from a Succeſſor, that muſt be worſe becauſe he gives more for it. Here Juſtice may be ſaid to be throughly Blind, while the Seller and Abetter throw away the Vail of Impartiality, and preſs down their Eyelids with their own Fingers. Thus, Firſt rate Offences, Miſdemeanours of the upper Form, muſt be conniv'd at and palliated, for fear of ſpoiling the Market. As for Peccadilloes, and petty Oppreſſions, they are little or not at all regarded. Yet theſe are the little Vermine that inſenſibly devour the Poor and Needy, that have moſt need of Succour. VVhat is the difference between the Canker that indiſcernably conſumes, and the deſtructive ſpeed of Aqua Fortis? They both deſtroy: But the Canker far more inſenſibly, as being leſs attended by the hand of Care and Preſervation. A Miſdemeanour of Three Hundred Pound makes a great Noiſe; yet proves perhaps but ſingly fatal, when the ſame Sum divided into Crown Rapines ſhall deſtroy as many individual neceſſitous Families, impoveriſhed before and altogether helpleſs, without creating any other ſounds but thoſe of neglected Lamentations. So that the Sale of ſuch Offices is poſitively againſt the Tenth Commandment; as alſo againſt the ſeveral Laws of the Land (as hereafter will appear). For what greater Injury can a man do his Neighbour, than to deprive him of the greateſt Right that is due to him? To debar him of that Juſtice which ought to be afforded him in his Extremity? And not only in this manner to injure his Neighbour, but his poor Neighbour too, the particular Client of God himſelf? For remedy of which the Supreme Legiſlator made no Law, but frequent Admonitions, as if Man could not be guilty of ſo great an Impiety as to rob the Spittle, which is an accumulated Murther. It is injurious to him that ſells: for how can he reach forth his hand to receive the free boons of Mercy from the God of Pity and Compaſſion, while polluted with the Price of Rapine, Violence and Injury?

The Sale of the Keepers Places of Ludgate, Newgate, with the Compters, &c. and the unexpreſſible extravagant Extortion they make thereby, brings me to urge this Matter a little cloſer; which are at Who gives most? An hainous Demand in the Barter of thoſe Shops of Cruelty! A ſtrange piece of abſurd Severity! To ſell the Freedom of a Captive; An Uſurpation certainly beyond Law (to ſell that little Liberty which the Law has left a Priſoner) to the diſpoſal of a Turnkey. The Law makes him a Captive to his Creditor, and the Magiſtrate afterwards ſurrenders him up for Money a Slave to his worſe than Argier-Keeper? Shall the Publick Houſes built at the Cities Charge be ſold for private Lucre? So that every Room in a priſon becomes a ſhop of Barbariſm and Arbitrary Power, where the chief Baſha of Iniquity Exerciſes an inhumane Tyranny, and ſqueezes the very Faeces and Caput Mortuum of a periſh'd Eſtate as long as the leaſt drop will come, by the ſame Art as they fetch Oyl out of Bricks; firſt heating the poor Priſoner in the Fire of his threatning Indignation, and then quenching him again in the ſweet ſhow of a little Favour, while any moiſture of Gain appears.

Here then lies the force of the Dilemma; Either a Priſoner for Debt may be injured in Priſon, or not. Either the Injuries repeated, are Injuries, or none. If the Negative be allow'd; then all that has been already ſaid has been to no purpoſe, and Holy Writ might have been more ſparing of its Exhortations. If the Affirmative be aſſerted, then he that ſells a Goaler's Place, &c. ſells the Liberty, the Eſtate, the Perſon, nay, the very Lives of the Priſoners under his Juriſdiction, ſeeing that through the Cruelty of their Keepers ſo many poor people have been ſtript to their naked Skins, 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.

But the Civil Law, to which our own has nothing repugnant, informs us in the very words of that great Lawyer Ʋlpian, That a Priſon is a place of Reſtraint, and not of Puniſhment. That a Priſon, where there is Hunger and Thirſt is no Priſon, but a place of Torture. That no ſevere or bad Uſage is there to be admitted, where the Perſon in debt remains, not as a Slave, but only as a pledge and ſecurity for the Creditor's ſatisfaction. For which reaſon the Emperour Honorius affirmed, that it was the principal Duty of a Judge, to be frequently inform'd by the priſoners themſelves of the ſtate of their Captivity, that no Office of Humanity might be wanting to men lockt up in Confinement. And ſo merciful were thoſe Times, that if a priſoner died in Priſon, the Law preſum'd it the fault of the Keeper, who was not to deny either Food or Bedding to the perſon in Cuſtody.

But purchas'd Cruelty is now grown ſo bold, that if poor Men pay not Extortionary Fees and rack't Chamber-rent, they ſhall be crouded into Holes and Commonſides, to be devour'd by Famine, Lice and Diſeaſes. Which being ſo undeniable, I appeal to the Tribunal of Juſtice it ſelf, by what Law, or by what Authority, not claiming under the bad Title of Illegal Cuſtom, any Sheriff, who is the immediate Goaler himſelf, and ought to receive the Cuſtody of the Priſoner Gratis, can ſo unkindly preſume to ſell the Deputation of any Man's Liberty and Life to the Comptrol of ſordid and imperious Avarice.

I would fain know, by what ſurmiſe of Common Senſe a Keeper of a Priſon, can demand a Recompence or Fee from a Priſoner for detaining him in Priſon? There is an Admiſſion-Fee, he cries. Alas! How is man fallen from the Image of God and his Reaſon, to believe that any Perſon can deſerve a Reward for only opening the door of Miſery and Deſtruction to annoy his Neighbour and common Friend? For being ſo kind as to admit him into the horrid Grave of Impriſonment? There is a Diſ-miſſion Fee too, but this altogether as abſurd, to demand Money for letting him go that the Law has ſet free; for opening the Door to let him out of Cuſtody whom the Receiver ought not to detain. For his Care in the Interim, let them pay him that ſet him at work. The Priſoner is no way beholding to him for his Care: for 'tis that which he deſires to be without. Therefore ſaies the Civil Law in this Caſe, if there be any thing due to a Keeper, it is due from the Creditor, whoſe duty it is to afford Nouriſhment and other Supports of Life to him whom he keeps in Priſon; and therefore the Keeper might refuſe to take the Priſoner into Cuſtody, till he had bargain'd with the Creditor for the Priſoner's Maintenance, as may be obſerved out of the Antient Volumns of the moſt Learned Civilians. But now ſuch is the Confidence of a Purchaſer, that to regain his purchaſe Money, and maintain himſelf and his Family beſides in Luxury, Pride and Idleneſs, he ſells his Taphouſe at prodigious Rates; ſo that where poor men ought to have beſt and cheapeſt, they have the worſt in Quality, and the ſmalleſt in Quantity, which makes the price exceſſive. He Farms his Beds to meer Harpies, and his great Key to ſuch pieces of imeprious Cruelty as are the worſt of Mankind. And it is a ſhame to repeat the daily Inſolencies and Indignities, which the Priſoners and their Friends are forc'd to receive at their hands. But ſee, I pray! whither will not lewd Precedents at laſt lead us? It will perhaps be thought impertinent to diſpute a Goalers demands for admitting us into his loathſome Manſions, when even the Common Hangman, no doubt encouraged by ſuch Examples, will ſcarce give a Malefactor a Caſt of his Office without a Bribe, demands very formally his Fees, forſooth, of the Perſon to be executed, and higgles with him too as nicely as if he were going to do him ſome mighty kindneſs.

There be thoſe that ſay the Dignity of the City Magiſtrate is by the Sale of Offices ſupported. But with what diſhonour do theſe Men revile the City, and the Magiſtrates of the City, at the ſame time? For ſo careful is the City to elect Men of Eſtates proportionable to there Dignity, that there is no need of any ſiniſter Aſſiſtance to maintain the City Grandeur. No ill got Gains, but Mercy, Juſtice and upright Prudence, are the Supports of a City. Is it not a goodly ſight to ſee 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 behold the Scarlet of the Receiver's Magiſtracy died with the Blood of helpleſs Innocents, or the purchaſe of Extortion? To ſee one of the Chief Puniſhers of Iniquity drinking Healths of forgetful plenty in Four Hundred Pound Goblets, the price of his own Infamy, and a Serjeant's Roguery? Such ſights as theſe perhaps we can only by Conjecture gheſs at, but the All-ſeeing Eye of Heaven beholds all theſe Blind Bargains, and it is the ſame thing whether the Accompt fall heavy on the Receiver or his Offspring.

London is a City whoſe Government deſervedly challenges the Preeminence of any City now flouriſhing throughout the Univerſe. Rome the Miſtreſs of the World could not Conquer her ſelf; but oftentimes lay weltring in the Blood of her own Citizens; nor could ſhe hinder her own ſtreets from being the Stage, whereonſo many diſmal Tragedies of Inteſtine Diſcord were Acted. Hear the reaſon from the Words of one of her own Poets.

'Cauſe then they Juſtice baſely Bought and Sold, And Ancient Virtue was poſtpon'd to Gold.

But London has been bleſs'd with ſuch a continued Calm of Peace for ſo many Centuries of Years, that never any City yet enjoy'd. Is it not great pity that ſo harmonious a piece of Politick Government ſhould be diſturb'd and diſorder'd by violent Uſurpation? Rome was only rich with the prey of Rapine, wealthy in the Trophies of ſucceſsful Ambition: But London ſhines a famous Pile, Opulent in the Gains of honeſt Induſtry. Rome, the Mart of War and Slaughter, London, Caeſar's Nobile Emporium. But damn up the Current of her Meum and Tuum, ſell her ſeats of Juſtice, and how will all her ſplendor be Eclips'd? Rome had only the dim Lamps of Morality, the obſcure Lights of ſententious Epicuriſm and Stoiciſm to guide and inſtruct her: But London enjoys the moſt Orient Beams, the moſt unclouded Sunſhine of Divine Truth and Doctrine. I am unwilling to urge it any farther. Rome was a City, than which there was none in the World more careful to relieve the poverty of her Citizens, of which in the times of her Innocence ſhe had many. No queſtion but in London there are many Good Men that unavoidably fall to decay: Where could the City beſtow her places more Honourably than upon ſuch? What could the City ſpeak more Magnificent in Hiſtory, than to boaſt that the very Train of her Magiſtracy was ſufficient to ſupport the chiefeſt and choiceſt of her decay'd Members, content with the Lawful and Modeſt Gains of their Employments? But 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 ſlaughterhouſes and ſhambles of her Houſes of Reſtraint? For a City ſo fairly deckt with the precious Jewels of Freedom and Priviledge to ſell the laſt remains of a Priſoners Comfort?

This Honourable Houſe therefore being thus truly inform'd of theſe Abuſes, has from hence ſufficient Grounds to make a farther Inſpection into theſe crying Enormities. And from whence can we expect Redreſs, but from thoſe Noble and Worthy Patriots, who have already made ſo fair a progreſs toward a thorough Reformation of the paſt Miſcarriages of a Corrupt and Arbitrary Government. And indeed it would be a Crime to think that They who ſit with ſuch a ſteady reſolution to re-eſtabliſh the long neglected Order of Law and Juſtice, will omit the utter Eradicating of whatever their Great Wiſdoms ſhall judge pernicious to their Grand Deſign. So that it would be a high breach of Manners to preſs the farther Conſideration of this affair to this Auguſt Aſſembly, otherwiſe than by laying before your Honours a ſhort view of thoſe Laws already in force againſt the Sale of Offices, wherein is alſo contain'd a recital of the Laws againſt the Sale of Publick Offices already provided by our Anceſtors, as alſo of the Jaylors and other Officers Fees, with their ſeveral Duties to the Priſoners. Which though ſo ſtrongly penn'd, have hitherto, through the prevailing power of Corruption and Injuſtice, been little or not at all regarded.

This ACT was made Anno 5.6. Edw. 6. Cap. 16.

THE Penalty for Buying or Selling of ſome ſort of Offices for the avoiding of Corruption which may hereafter happen to be in the Officer and Miniſters in thoſe Courts, Places or Rooms, wherein there is requiſite to be had the true Adminiſtration of Juſtice, or Services of Truſt, and to the intent that Perſons Worthy and Meet to be advanced to the Place where Juſtice is to be Miniſtred or any Service of Truſt executed, ſhould hereafter be preferred to the ſame, and no other.

Be it therefore Enacted by the King our Sovereign Lord, the Lords Spiritual and 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 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.