THE Gaolers' Extortion Exposed, OR THE Prisoners Grievances. Most Humbly offered and Submitted to the Consideration and Regulation of both Houses of PARLIAMENT. Licenced Octob. 8. 1690. J. F WHereas divers good and wholesome Laws have been made for the Regulation of Prisons, which for several years last passed have not been much regarded, but buried so as never intended to be revived again, to the great encouragement and increase of Extortion of Fees, Exaction of Chamber-Rent, and many other outrageous practices improper to be Countenanced or Connived at in any good Government: And as the Punishing of Vice is the Increase of Virtue, so the Reviving and putting the Laws in due Execution is the Right Administration of Justice, and if Irregularities, Extortions, and such like Lawless Practices have crept in, and be admitted, or allowed, to be put in Execution in the Prisons in and about London, in the hearing of the King and Queen, and within a Call of the Four Courts of Justice; then, what must the Prisoners in the Country Goals expect, but Ruin, where the Law is, like a Stream, the further it flows from the Fountain Head, the more Corrupt, and the less pure it is. THERE was an Act of Parliament made in the 22th. and 23th. of that Most Serene, and never to be forgotten Prince, King Charles the Second, setting forth, or prescribing a time for the two Lord Chief Justices, and Lord Chief Baron to Establish a Table of Fees in General for all the Prisons in the Kingdom, but that was Omitted, and the time Elapsed, which gave Gaolers and Prison-keepers the opportunity to exceed much their bounds, who by Ravishing Exorbitant Sums from the distressed, and most unfortunate part of the Subjects, or People of this Kingdom, have thereby advanced themselves into vast Fortunes and Estates, not leaving any thing of Pride, Ambition, or Corruption behind them, that can or may be thought of, in Order to build themselves upon the Ruins of the distressed, so that whilst such Insolences pass without curbing, no Justice can be expected at the hands of Gaolers, in regard they are a sort of People that bear no respect to the Laws of Nature, much less to the Laws of the Land, and that Consider no Man's Quality, Capacity, or Poverty, but let what Government soever be uppermost (provided that a Gaoler has Liberty to Tyrannize and Insult over his Fellow-Creature) he is a Gaoler still. AS to the Fees of a Goal it's but a single groat by the Statute-Law, and that is called the Discharging Fees, and how any Gaoler in England can demand more is not resolved by any Act of Parliament in England; and how Gaoaler can detain any Prisoner after obtaining a discharge for any more Fees than what's granted by Act of Parliament is beyond any Man's reach to resolve, neither can all the Judges of the Kingdom, without Violating the Rights of Parliament, Establish Fees, except there be an Act of Parliament precedent to such an Establishment to Empower them so to do. AND whereas Gaolers do demand and receive Commitment Fees, there has not been any such Fees ever Established by Act of Parliament the Laws of England being grounded upon Common Reason, and therefore it's against the Rules of Nature, that a Man dreading a Prison should pay Fees for Imprisoning himself. AS for Chamber-Rent, let's first Consider the Chambers, the number of Beds in each Chamber, and the Furniture of the Rooms, and likewise consider the Conditions, Misfortunes and Calamities that attend a Prisoner, and that it is not the Wealth, nor over-abundance of Fortune that ushers a Man into a Prison, and therefore is it reasonable that any Person under dismal Circumstances shall be compelled to pay more in a Prison for Lodging than He or She were wont, or able to pay when at Liberty? or is it reasonable that a pitiful dog-hole in a Prison shall yield Ten, Twenty, or Thirty Shilling a week, that is to say, with so many Beds in a Room, sometimes Two, Three, or Four, and two Persons in a bed, and all the bedding, Bedcloaths and Furniture not worth Forty Shillings in all, when a better Room may be had in any part of London or Westminster for Two Shilling in the week? or is it Justice that a Go let must have his full demands, without producing his Table of Fees, pursuant to the Laws of the Land? or is it consistent with good Measures that a Pint and a half of nasty sour Ale in a Prison shall pass for a full Quart, paying two pence for the same, when a full Quart of good Drink may be daily had into the Prison for three-halfe-pences, and likewise that a Pint of Brandy in a Prison should be divided into Six Quarterns, and each Quartern sold for Threepences, when a full P●nt of Brandy may, be had into the Prison for Sevenpences. And Notwithstanding the Statute of the 22th. and 23th. of King Charles the Second, made for the Regulation of Prisons strictly charging and requiring all Gaolers to let Meat, Drink, and all other Conveniencies at all Seasonable hours into the Prison, the Prisoners paying for the same; Yet in Absolute Obstruction of the said Act of Parliament Gaolers daily deny the letting of Drink or Brandy into the Prison, but Prisoners are forced to pay for the Liquors in the House or Prison, at the rates aforesaid. If this be not Extortion, what is? and if it be, name that Prison about London where it is not daily practised? and where is the Increase of any Man's Fortune by Imprisonment, that a Gaoler should thus put upon the Subjects or People of the Kingdom? THE late Change of Government has taugho a great many of all sorts throughout the Kingdom a great deal of Experience, that were Ignorant of a Prison before, and perhaps would not believe what hardships others have undergone in Prisons before them, till they came there to make Experiment themselves, therefore it should be the Interest of every Individual Man to give his helping hand towards the Regulation of Prisons, and the Correction of Gaolers, for it is believed that it never was the Intention of the Government to make the Subject's unfortunate Circumstances the Property of Gaolers. And to prevent such Future Irregularities (not knowing whose turn a Prison may be next) the Following Heads towards the Regulation of Prisons, are most humbly offered to both Houses of Parliament. Imprimis. THAT such Commissioners as have no dependence upon any of the Four Courts at Westminster be Named and appointed by such a time as the direction of both Houses shall think fit, as well for Enquity of the Extortions and Exactions Committed since their Majesty's General Free Pardon in all the Prisons in and about the Cities of London and Westminster, as also to inspect into the Chambers, Cellars, Rooms, Measures, Liquors, Rules, Rates, and Fees of every such Prison, or Prisons, and to report the same upon Oath as either or both Houses of Parliament shall think meet. Secondly, THAT all the Old Extortive Tables of Fees used in any or all of the said Prisons, be brought into the House of Commons, and there Examined and Ordered, as that Honourable House shall judge fit. Thirdly, THAT that no Gaoler shall presume, on the Forfeiture of his Place, to Employ any Prisoner in any Calling, Employ or Vocation either by Day or by Night in any Prison or Prisons whatsoever, but procure and Employ such as are free and dread a Prison. Fourthly, THAT no Man that ever has been a Thief, a Robber, a High-way-man, or that was Convicted of any Treason, Felony, Perjury, or Forgery, be admitted into any Employment or Place whatsoever in Prison or Prisons throughout the Kingdom. Fifthly, THAT a Table of Fees be set up in a Public Place in every and either of the said Prisons, where every Prisoner shall have access thereto, and that no Gaoler shall presume, on the Forfeiture of his Place, as aforesaid, and to be forthwith Prosecuted in such manner and Order as Both or either Houses of Parliament shall direct, to demand any more Fees or Chamber-Rent then as expressly mentioned in the Tables of Fees so to be put up in every Prison, and that no Gaoler on the Forfeiture aforesaid shall put any Person or Persons in Irons that do not stand Charged with Treason, Burglary, or Felony. Sixthly, THAT no Gaoler shall presume to hinder Friends, Acquaintance, or Relations from any Prisoner or Prisoners whatsoever, except there be an Order of Council, a Warrant from the Secretary of State, or from the Judges, or either of them to the Contrary, and that no Gaoler shall refuse to let in at all Seasonable hours, such Meat, Drink, and other necessaries for to support Nature, as any Prisoner shall think fit, and that no Prisoner shall be compelled to buy any thing within the Prison, and that the doors shall be opened upon all occasions to let comers and goers in and out of Prison, at all Seasonable hours. Sevently, THAT no Prisoner shall be detained in the House or Prison after he is discharged, whether Crown Prisoner, or Debtor, by any Keeper, or Gaoler, paying the Fees according to the rates in the said Table, and that after the discharge is obtained or had by the Prisoner or Prisoners, that in the interval 'twixt the coming of the discharge & paying of the Fees, that no Action or Actions whatsoever shall lie against the Prisoner at the Peril of the Gaoler and Forfeiture of his Place, as aforesaid, and where any Dispute, Quarrel, or Contest ariseth 'twixt the Gaoler and the Prisoner that it shall not be left to the Gaoler to be Judge in the Case, but that it shall be referred to two Justices of the Peace, whereof one shall be named by the Prisoner. London, Printed, and Published by Randal Tailor near Stationers-Hall.