CRUELTIE Unvailed; OR, The State of the Case of several Persons, Committed Close-Prisoners to the Gate-house, Westminster; Diligently Collected (piece-meal) from good Information: together with some Queries annexed.
Tendred to the Consideration of the Learned in the Law, for their Advice there-upon.

I. THat the said Persons being in a quiet and peaceable manner endeavouring in their respective qualities, to provide Bread for themselves and Families; and being not excluded from the Common Rights and Benefits of their Na­tive Country; nor having by any Act of Theirs forfeited the same; Yet were seized on by Messengers, with Warrants from the Chief Secretaries of State, to bring them before the King and Council: But instead thereof, they were, by other Warrants, signed by the said Secretaries, carried away to the Gatehouse, and there kept close Prisoners, without any Hearing, Examination, or Accusation, that they have heard of; Where the Exorbitant Fees, and other Extraordinary Charges of that Prison, together with the severity of their Jaylors, doth not only impare their Health, but doth also consume and eat them up daily, and deprive their Wives and Children of the benefit of that little which was left them.

II. In this Condition, several of their Wives and other Relations, with much Solicitation, Attendance, and Charge, procured Orders from the Council to see them, and to supply their Necessities: which Orders the Jaylors will sometimes obey, at other times refuse, with scur­rilous language to their Relations; and also Contempt of the said Orders; saying to some of them, They may keep them, and wipe their Breeches with them. Some of them, so denyed by the Jaylors, have out of the Streets Called to their Friends at their Windows, to know their Wants; for which they were Imprisoned, until they would pay what the Jaylors were pleased to exact. Some of the said Prisoners being sick, have been denyed a Physician, without Order from the Council, which is not readily obtained; and in the mean time have de­nied them the company of their Wives, who had Orders to visit them; and yet the Jaylors have neglected to bring them Food, and other Ne­cessaries in convenient times, suitable to their weak Condition; and sometimes when Necessaries have been sent for from abroad, they have taken them away, and disposed of them as they pleased; being unwilling any thing should be brought to them, which they have no pro­fit out of.

III. And whereas some of the said Prisoners have Suits depending in Law, and other Occasions, wherein all they have is concerned; Yet are not permitted to speak with their Counsel, Atturney, or others, with whom their Business lyes: by which several of them are like to be wholly Ruined.

IV. Pen, Ink and Paper is denyed them, Except it be to write for Money for their Jaylors, in their sight; who exact of them Ten shillings a week for a Bed in some Rooms; and Seven shillings in other Rooms; and double the sum, where two Prisoners lie in one Bed; besides Five shillings for a Pair of Sheets for each Man at Entrance: Also Twenty shillings of Every one for turning the Key; and Five shillings for the Under-Keeper: demanding also Five pound a man to be Excused the wearing of Irons; which some have been forced to pay, or wear them. What Drink they have, must be had of them, at Two-pence a Winchester Pint, whether strong or small: Besides the Messengers Fees, which are very great; Their daily Charge; The Dammage they receive by the neglect of their Callings; Their great Poverty; The Necessities of their Families, many of them being very large.

All which considered, with what more might be said, makes their Condition Exceeding Miserable. And that which addeth to their fur­ther Misery, is, That no time is prefixed (that is known to them) for a Hearing or Determining their Cause, although often by them desired, to the end that their Innocency might appear; And in order thereunto, very much means hath been used by their Relations, which hitherto hath proved ineffectual: And that no lawful Endeavours, to avoid the utter Ruine of them and their Families might be left unattempted, It's queried as followeth;

  • 1. What the Law means by Close-Imprisonment?and for what Crimes, and by what Authority men ought to be so committed? and how long without being called to any Tryal? some having been there imprisoned about the space of a year.
  • 2. Whether Prisoners committed as aforesaid, ought not to be maintained at the Kings Charge?
  • 3. Whether by Law, Iaylors may chain up and use such Prisoners so as is expressed in the State of their Case above-writ­ten? if not,
  • 4. What Remedy is there by Law for such Prisoners committed and used as aforesaid (by their Iaylors) to right them­selves?
FINIS.

LONDON, Printed in the Year, 1661.

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