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[Vagrant0]

The thing is that the foresworn are not freedom fighters. They are tribals who decided to capture Markarth from the Nords during the great war, encamped themselves, named a king, and practiced evil rituals with the help of the hagravens. There are some locations where you can see the hagravens doing strange things to make new briar hearts. They attack travelers and merchants, so are thoroughly evil. They're not in prison suffering, they're in prison, protected by the Silverbloods who facilitate and look the other way.