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         Gery, William.
      
       
         This text is an enriched version of the TCP digital transcription A85960 of text R211161 in the  English Short Title Catalog (Thomason 669.f.14[41]). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A85960
         Wing G620
         Thomason 669.f.14[41]
         ESTC R211161
         99869894
         99869894
         163029
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
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         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A85960)
         Transcribed from: (Early English Books Online ; image set 163029)
         Images scanned from microfilm: (Thomason Tracts ; 246:669f14[41])
      
       
         
           
             Abuses discovered, whereby the creditors are meerly cheated the officers of law, and goalers are unjustly inriched, and the poor debter and their families tyrannically destroyed.
             Gery, William.
          
           1 sheet ([1] p.)
           
             s.n.,
             [London :
             1649]
          
           
             Signed at end. W.G. [i.e. William Gery].
             Imprint from Wing.
             Annotation on Thomason copy: "June 15 1649".
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Debt, Imprisonment for -- England -- Early works to 1800.
        
      
    
       A85960  R211161  (Thomason 669.f.14[41]).  civilwar no Abuses discovered, whereby the creditors are meerly cheated; the officers of law, and goalers are unjustly inriched, and the poor debter and Gery, William.  1649    1785 3 0 0 0 0 0 17 C  The  rate of 17 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           Abuses
           discovered
           ,
           whereby
           the
           Creditors
           are
           meerly
           cheated
           ,
           the
           Officers
           of
           Law
           ,
           and
           Goalers
           are
           unjustly
           inriched
           ,
           and
           the
           poor
           Debter
           and
           their
           families
           Tyrannically
           destroyed
           .
        
         
           AMongst
           many
           the
           Considerations
           I
           have
           had
           of
           the
           oppressions
           common
           amongst
           men
           ,
           this
           hath
           seemed
           to
           me
           none
           of
           the
           least
           ,
           That
           one
           man
           is
           suffered
           to
           devour
           another
           ,
           and
           that
           by
           colour
           of
           Justice
           ,
           as
           in
           the
           case
           of
           Arrests
           of
           mens
           persons
           by
           colour
           or
           debts
           ,
           before
           Judgement
           ,
           or
           Legal
           conviction
           .
           And
           hearing
           of
           your
           pious
           endeavours
           to
           beget
           a
           Law
           for
           Redress
           of
           such
           heavie
           Oppressions
           and
           Cruelties
           now
           used
           in
           that
           kind
           ,
           and
           the
           Reforming
           the
           Ancient
           Common
           Law
           of
           England
           in
           that
           particular
           ,
           Do
           in
           my
           Zeal
           and
           Sense
           of
           other
           mens
           Sufferings
           (
           and
           that
           divers
           times
           very
           unjustly
           )
           represent
           to
           your
           view
           some
           former
           Collections
           of
           mine
           ,
           of
           the
           many
           inconveniences
           which
           attend
           such
           Restraints
           ,
           before
           it
           doth
           appear
           that
           there
           is
           a
           cleer
           and
           just
           Debt
           .
        
         
           In
           the
           first
           place
           therefore
           ,
           I
           take
           the
           Law
           to
           have
           bin
           fundamentally
           ,
           That
           no
           mans
           person
           was
           lyable
           to
           Arrest
           at
           the
           Common
           Law
           for
           Debt
           ,
           no
           not
           upon
           Execution
           ;
           which
           you
           may
           see
           13.
           
             H.
          
           4.
           Fol.
           5.
           
           That
           the
           Statute
           of
           25.
           
             Ed.
          
           3.
           Cap.
           17.
           was
           the
           first
           Law
           that
           subjected
           the
           Person
           to
           Arrest
           ,
           in
           case
           of
           Debt
           ,
           the
           Process
           before
           that
           Law
           ,
           being
           
             Summons
             ,
          
           and
           
             Capias
          
           against
           the
           Lands
           .
        
         
           
             The
             Abuses
             and
             Oppressions
             introduced
             since
             that
             Law
             ,
             and
             under
             pretense
             of
             Justice
             ,
             are
             numberless
             .
          
           
             1.
             
             That
             many
             have
             bin
             ,
             and
             are
             daylie
             Arrested
             upon
             feigned
             Accounts
             ,
             where
             no
             debt
             is
             due
             at
             Law
             :
             And
             this
             is
             a
             common
             thing
             in
             London
             ;
             and
             other
             Corporations
             .
          
           
             2.
             
             Vpon
             Specialties
             for
             Debt
             forged
             and
             feigned
             .
          
           
             3.
             
             Vpon
             Sleeping
             Specialties
             ,
             that
             have
             long
             before
             bin
             discharged
             ,
             but
             the
             Bond
             not
             given
             in
             ,
             nor
             cancelled
             ,
             as
             they
             ought
             ;
             which
             daylie
             experience
             sheweth
             upon
             Bills
             in
             Equity
             for
             relief
             in
             that
             particular
             .
          
           
             4.
             
             Vpon
             Specialties
             lost
             or
             miscarryed
             ,
             and
             come
             to
             the
             hand
             of
             Strangers
             ,
             who
             feignedly
             take
             Administration
             .
          
           
             5.
             
             Vpon
             pretended
             Debts
             and
             Promises
             .
          
           
             6.
             
             Vpon
             Accounts
             for
             1000.
             l.
             whereas
             the
             debt
             is
             not
             an
             hundred
             .
          
        
         
           Vpon
           all
           which
           ,
           or
           any
           of
           the
           said
           Accounts
           ,
           the
           party
           that
           is
           arrested
           must
           be
           answerable
           to
           the
           Action
           ,
           be
           the
           debt
           never
           so
           small
           true
           ,
           or
           false
           ,
           and
           must
           therefore
           ly
           in
           Prison
           until
           he
           put
           in
           bayl
           :
           which
           if
           in
           a
           Corporation
           ,
           or
           otherwhere
           ,
           will
           be
           hard
           for
           the
           party
           Arrested
           to
           procure
           ,
           if
           not
           impossible
           ,
           without
           troubling
           his
           Security
           for
           the
           same
           debt
           ,
           binding
           his
           hands
           ,
           to
           free
           his
           heels
           .
           Besides
           ,
           the
           charge
           of
           his
           
             Habeas
             Corpus
             ,
          
           in
           such
           cases
           ,
           to
           remove
           himself
           ,
           and
           put
           in
           Bayl
           above
           ;
           when
           as
           all
           this
           while
           it
           doth
           not
           Judicially
           appear
           whether
           the
           party
           arrested
           be
           really
           indebted
           or
           not
           .
        
         
           By
           this
           means
           ,
           the
           Law
           ,
           (
           which
           truly
           was
           intended
           for
           Redress
           )
           becomes
           the
           destruction
           and
           ruine
           of
           thousands
           of
           Families
           ;
           and
           the
           support
           and
           maintenance
           of
           under-Sheriffs
           ,
           Sergeants
           ,
           Bayliffs
           ,
           Goalers
           ,
           and
           Catch-poles
           ;
           the
           latter
           of
           which
           feed
           upon
           the
           miseries
           of
           honest
           men
           ,
           or
           grow
           rich
           out
           of
           others
           ruines
           ,
           and
           the
           Debtor
           thereby
           more
           disabled
           to
           pay
           his
           just
           debts
           .
           And
           M.
           
             Horn
          
           in
           his
           Mirror
           of
           Justice
           saith
           ,
           
             That
             by
             such
             Writs
             many
             are
             destroyed
             wrongfully
             :
          
           Fol.
           233.
           
             a.
          
           And
           Fol.
           64.
           
             b.
          
           he
           saith
           ,
           
             The
             Ancient
             Law
             of
             this
             Kingdom
             was
             ,
             That
             no
             Judge
             was
             to
             hear
             the
             Plaintiffe
             in
             his
             cause
             ,
             if
             he
             did
             not
             first
             put
             Sureties
             to
             answer
             his
             Adversaries
             full
             damages
             if
             he
             complained
             of
             him
             wrongfully
             .
          
        
         
           And
           the
           Ancient
           proceedings
           in
           Chancery
           was
           ,
           that
           the
           Complainant
           upon
           exhibiting
           his
           Bill
           ,
           was
           to
           enter
           Bond
           to
           prove
           the
           Surmise
           thereof
           ;
           otherwise
           the
           Defendant
           was
           not
           compealable
           to
           answer
           the
           same
           .
        
         
           Men
           are
           in
           danger
           of
           Arrest
           several
           waies
           and
           means
           .
           
             By
             Latitat
             out
             of
             the
             Kings
             Bench
             into
             any
             County
             .
             By
          
           Capias
           
             upon
             Original
             in
             the
             Common
             Pleas
             .
             By
          
           Capias
           
             upon
             the
             Exchequer
             .
             By
             Bill
             upon
             the
             Exchequer
             .
             By
             Bill
             of
             Middlesex
             .
             By
             Sergeants
             of
             the
             Mace
             ,
             in
             Corporations
             ,
             Towns
             ,
             and
             Cities
             .
             By
             Bayliffs
             of
             Liberties
             .
             By
             Writs
             of
             Priviledges
             ,
             in
             nature
             of
             Muchmen
             out
             of
             the
             Chancery
             .
          
           So
           that
           the
           Poor
           Debtor
           ,
           nay
           the
           non-Debtor
           ,
           
             est
             undique
             circumventus
             .
          
        
         
           
             The
             Oppressions
             by
             colour
             of
             Law
             ,
             are
             intollerable
             .
          
           
             
               By
               Arrests
               ,
            
             The
             Sergeants
             in
             Corporations
             ,
             and
             Sheriffs
             ,
             Bayliffs
             ,
             and
             Catch-poles
             ,
             for
             making
             Arrests
             over
             and
             above
             Fees
             ,
             take
             excessive
             Extortions
             ,
             as
             10.
             l.
             20.
             l.
             &c.
             much
             more
             for
             Arrests
             :
             Besides
             their
             cruel
             usage
             of
             the
             Prisoner
             ,
             his
             chargeable
             restraint
             for
             Dyet
             ,
             Lodging
             2
             s.
             6
             d.
             per
             night
             for
             his
             bed
             ,
             and
             runing
             the
             Prisoner
             into
             extraordinary
             expenses
             for
             Tobacco
             ,
             Wine
             ,
             Beer
             ,
             Ale
             ,
             which
             these
             Harpies
             will
             call
             for
             ,
             doubling
             the
             debt
             ,
             if
             little
             ,
             and
             enlarging
             of
             it
             ,
             if
             it
             were
             great
             before
             .
          
           
             
               
                 By
                 Habeas
                 Corpus
                 .
              
               A
               man
               arrested
               here
               in
               London
               ,
               cannot
               remove
               himself
               by
               
                 Habeas
                 Corpus
                 ,
              
               from
               the
               Counter
               to
               any
               other
               Prison
               of
               Kings
               Bench
               or
               Fleet
               ,
               but
               it
               will
               cost
               him
               five
               Marks
               ;
               or
               three
               pounds
               from
               thence
               to
               Fleetstreet
               ,
               to
               bring
               him
               to
               the
               Judges
               chamber
               .
               The
               Judges
               Fee
               is
               (
               as
               I
               take
               it
               )
               15.
               s.
               4.
               d.
               and
               how
               many
               hundred
               there
               be
               of
               these
               in
               a
               yeer
               ,
               may
               be
               gathered
               .
            
             
               If
               by
               
                 Habeas
                 Corpus
              
               the
               Prisoner
               be
               removed
               out
               of
               the
               Country
               Prisons
               ,
               then
               it
               will
               be
               chargeable
               to
               him
               ;
               10
               ,
               20
               ,
               40.
               l.
               and
               according
               to
               the
               distance
               of
               the
               place
               from
               whence
               he
               is
               brought
               up
               to
               London
               .
            
             
               Added
               to
               these
               ,
               the
               Fees
               of
               Goalers
               ,
               Keepers
               of
               Prisons
               ,
               and
               Turn-keys
               ,
               the
               Marshal
               of
               the
               Marshalsie
               of
               the
               upper
               Bench
               ,
               and
               Warden
               of
               the
               Fleet
               Fees
               ,
               according
               to
               the
               several
               qualities
               of
               the
               Persons
               .
            
          
           
             
               Commitments
               ,
            
             Of
             an
             Earl
             to
             the
             Fleet
             ,
             20.
             l.
             
             Of
             a
             Baron
             ,
             15.
             l.
             
             Of
             a
             Knight
             ,
             5.
             l.
             An
             Esquire
             ,
             5.
             
             Marks
             or
             3.
             l.
             A
             Gentleman
             ,
             2.
             l.
             A
             Yeoman
             ,
             1.
             l.
             6.
             s.
             8.
             
          
        
         
           
             The
             seveaal
             Rates
             of
             Chamber
             Rents
             ,
             according
             to
             the
             Quality
             of
             the
             Person
             and
             Chamber
             .
          
           
             Some
             20.
             s.
             per
             week
             ,
             some
             15.
             some
             10.
             some
             5.
             some
             4.
             shillings
             per
             week
             .
             And
             after
             the
             same
             rate
             for
             chamber
             rent
             a
             week
             in
             the
             Kings
             Bench
             .
          
           
             The
             Fees
             of
             Commitment
             by
             
               Habeas
               Corpus
            
             to
             the
             Kings
             Bench
             ,
             is
             chargeable
             to
             the
             Prisoner
             ,
             at
             least
             4.
             l.
             12.
             s.
             4.
             d.
             Besides
             for
             out-goings
             upon
             day
             Writs
             ,
             8.
             s.
             
               per
               diem
               ,
            
             for
             out-going
             upon
             favour
             .
             And
             by
             
               Baston
               .
            
             And
             charge
             of
             Dyet
             ,
             which
             the
             Prisoner
             hath
             at
             great
             rates
             .
          
        
         
           When
           all
           these
           charges
           are
           heaped
           upon
           a
           man
           under
           arrest
           (
           perhaps
           for
           no
           just
           debt
           )
           it
           may
           be
           but
           for
           a
           small
           debt
           :
           what
           a
           heavie
           oppression
           is
           this
           to
           be
           suffered
           in
           a
           Christian
           Common-wealth
           ▪
           A
           Man
           may
           call
           it
           a
           common
           misery
           .
           The
           debt
           (
           if
           any
           )
           is
           by
           these
           charges
           trebled
           ,
           the
           Prisoner
           ,
           his
           Children
           ,
           and
           Family
           ,
           dispersed
           and
           ruined
           ,
           the
           Person
           himself
           made
           useless
           to
           the
           Common-wealth
           ,
           as
           being
           bur●●●
           alive
           ,
           and
           more
           disabled
           to
           pay
           or
           satisfie
           his
           just
           debts
           and
           Creditors
           ,
           then
           ever
           before
           .
        
         
           
             Sir
             ,
          
           I
           have
           known
           when
           many
           poor
           people
           have
           bin
           put
           to
           10.
           s.
           for
           a
           supposed
           debt
           of
           3.
           s.
           4.
           d.
           or
           a
           trespass
           of
           that
           value
           ,
           being
           Arrested
           in
           the
           Country
           120.
           miles
           hence
           ,
           by
           a
           
             Latitat
             ,
          
           to
           draw
           a
           Composition
           ,
           which
           rather
           then
           the
           poor
           man
           will
           travel
           to
           London
           to
           answer
           the
           Suit
           ,
           submits
           unto
           :
           and
           this
           is
           the
           ordinary
           use
           of
           Atturneys
           ,
           which
           get
           by
           it
           8.
           s.
           4.
           d.
           or
           thereabout
           ,
           although
           the
           Action
           might
           be
           tryed
           either
           in
           the
           Court
           Baron
           of
           the
           Manour
           ,
           or
           Countrey
           Court
           ,
           for
           two
           shillings
           six
           pence
           Charge
           .
        
         
           So
           that
           in
           Fees
           to
           Judges
           ,
           Lawyers
           ,
           Atturneys
           ,
           Clerks
           ;
           and
           others
           ,
           and
           by
           the
           oppression
           and
           extortion
           of
           Bayliffs
           ,
           Sergeants
           of
           the
           Mace
           ,
           and
           of
           Liberties
           ,
           Goalers
           and
           Catch-poles
           ,
           there
           is
           exhausted
           30000.
           l.
           
             per
             annum
          
           at
           the
           least
           ,
           out
           of
           the
           estates
           of
           Debtors
           ,
           
           and
           poor
           Prisoners
           ,
           not
           a
           penny
           of
           their
           debts
           payed
           ,
           their
           estates
           ruined
           ,
           and
           their
           persons
           disabled
           for
           ever
           ,
           which
           certainly
           was
           never
           the
           intent
           of
           that
           Statute
           ,
           to
           undermine
           the
           common
           Law
           ,
           which
           had
           mans
           liberty
           in
           so
           light
           an
           esteem
           ,
           as
           if
           it
           were
           not
           lyable
           to
           Arrest
           for
           debt
           .
        
         
           
             Sir
             ,
          
           I
           have
           credibly
           heard
           that
           there
           hath
           bin
           ●●●sed
           90000.
           
             l.
             per
             annum
          
           by
           the
           profit
           of
           Imprisonment
           of
           Prisoners
           in
           the
           Fleet
           there
           .
           I
           pray
           what
           out
           of
           the
           Prisoners
           of
           the
           Kings
           Bench
           ,
           which
           hath
           larger
           Rules
           ?
           And
           what
           extorted
           by
           Goalers
           ,
           Sergeant
           of
           the
           Mace
           ,
           in
           Corporations
           ,
           by
           Clerks
           ,
           and
           other
           Officers
           of
           the
           Country
           ,
           in
           London
           ,
           and
           throughout
           the
           Kingdom
           ?
           And
           all
           this
           out
           of
           the
           livelyhoods
           ,
           fortunes
           ,
           and
           estates
           ,
           of
           men
           in
           a
           miserable
           and
           wanting
           condition
           .
           And
           surely
           ,
           those
           riches
           cannot
           be
           said
           to
           be
           well
           gotten
           ,
           which
           are
           drawn
           from
           men
           in
           misery
           ,
           which
           are
           alwaies
           as
           ill
           spent
           ,
           for
           it
           is
           informed
           ,
           that
           of
           the
           90000.
           l.
           most
           thereof
           was
           sacrificed
           yeerly
           for
           by
           Favors
           ,
           &c.
           and
           so
           
             de
             caeteris
             .
          
        
         
           
             W.
             G.
             
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A85960e-30
           
             You
             may
             remember
             the
             Act
             this
             Parl.
             for
             taking
             away
             the
             High
             Commission
             ,
             and
             Commissary
             Courts
             ,
             which
             was
             burthensom
             to
             the
             Subject
             ,
             in
             extorted
             Fees
             ,
             10000.
             
               per
               annum
               .
            
          
        
      
      
  

