BY the Fundamentall or Common-Law equally composed and digest­ed betweene Prince and People, Creditor and Debtor, the body or person of man is exempt from Ar­rest, Outlawry & Imprisonment for Debt, as well before as after Judge­ment, and the Debtors Lands from being extended in Execution, the Common Law knowing no such course of personall Imprisonment, except in Crimi­nall Causes or Trespasses committed with Force and Armes: it having bin so resolved by all the Judges of England, as appeareth in Sir VVilliam Herberts Case cy­ted in the Lord Cookes third Reportes.

That neither in Process or Execution for Debt any Capias did lye against the body, this sage Judgment & result being derived and rightly grounded upon the Law of the Great Charter, Cap. 29. which doth cau­tion and provide, That no Free man shall be taken, imprisoned, or outlawed, but by the Law of the Land then in use. Magna fuit quondam magnae reverentia Chartae. The manifest legall-motives hereof were: 1. In respect that by positive Law, the Goods Chat­tles, [Page 2] and profits of Debtors Lands, are sovert and lyable to these two coercive Writs in force, (that is to say) A Fiery Facias against the Debtors Goods, and Chattles, and a Levary Facias against the profits increasing bpon the Lands of the Debtor, untill sa­tisfaction of the debt and damage recovered.

So there is no positive Law for issuing the Capias or Exigent against the body or person in meere civill causes.

Further Inducives of these provisionall Laws pro­bably were.

1. First to the end, that the creditor might at his owne election be rightly secured and satisfied his just debts, where the same is properly due and recover­able in the Debtors Estate reall or personall, there be­ing no other meanes cogitable and consistent with Law and Reason for satisfaction of Debts and De­mands pecuniary; the Body, Blood, Indignity, Thral­dome, and precious Liberty, and Life of Man, being an inconsistent illegall pledge or security for debt.

2. To the end, That the person or body of man, being a participant living Member of the common wealth, may not be severed and secluded from it as a withered branch, by thraldome and incarceration for debt at the insatiate vindicture humour and pas­sion of mercilesse malevolent creditors, enemies to humane-moderation, it being incongruous petulant arrogance in them to excercise and inflict such barba­rous cruelty and domination over their debtors their even-christians, whether solvent or insolvent, con­cerning any usurious penall or pecuniary matters; violence extorted profit, by ruine or damage of o­thers being Turpe lucrum, a vile ignominious Jewish­gaine.

3. To the end, That the body or person might al­wayes remaine at liberty to exercise and intend the necessary affaires and accomodations of life and live­lihood for support and subsistance of themselves, their Wives, Children, Families, and Vocations.

4. To the end, That the body or person might be constantly in free readinesse and capacity according to their best faculties & qualifications, to serve their native Countrey, either in Peace or Warre, as usefull Members thereof, and the Common-wealth not be surprized of that right and priviledge, and the na­tives untimely bereft of humane dignity and all consolations of life, through the deteiner and re­straint in the living Sepulcher of a Prison, & by that meanes become disesteemed, like telluris onus et inutile pondus, an unprofitable burden to the earth, and a Map of misery to himselfe, folded after the fancy and furey of mavevolent cruell creditors.

5. To the end, That the necessary approved Cal­ling, consonant to the creators a wfull-ordinance im­posed on lapsed man, to earne his living sudore vultus by industry and labour, principally consisting in seasonable acting and advancing tillage and agricul­ture, (not to be effected without toyle and sweat of the most sternuous laborious rurall-people) might not by reason of personall restraint for Debt, be in­tercepted and discouraged in their painfull endea­vours for their own and the common utility and til­lage approved by God and man, be impeached or suffered to decay to the helplesse, ruine of the en­thraled Debtor, and all his and the unspeakable prejduce of the common wealth.

6. To the end, That neither any Vocation, Manu­all [Page 4] or Mechanike Art, Artist, Trade, Merchandize, Mysterie, or Manufactory, (being as the vitall pulses, nerues, and ligaments, which cymment and secure the existence of a well-composed common-wealth, might not in any wise be dismayed diverted or fru­strated of their expectations, callings, and credits, at the will of the creditor, and the same become fruit­lesse by reason of personall captivity for debt, not terminary in any yeare or time of Jubilee, albeit the common Law hath (as aforesaid) prescribed and pro­vidently provided for the creditors satisfaction of Debts and Demands pecuniary by and out of the debtors Estate reall or personall.

7. To the end, That those excellent impartiall Law-makers, might declare themselves sensible of the divine Lawes, Fiats, and Santions in that behalf, and that mans privation of that perdulce bonum, pre­cious liberty fatally opposite and destructive to the prerecited principles and inducements, nature, rea­son, religion, the propagation of common-wealths, and the choicest faculties and felicities of life.

The Petitioners further remonstrate, That these provident propitious Lawes for the personall free­dome of the people concerning debt, did flourish & continue in violate, the space of two hundred and twenty years, after the Norman conquest, till the thir­teenth yeare of Edw. the first, by the Statute of West. minster 2c. 11. the first capias and processe of Out­lawry was introduced in formality and sucgestion, meerely concerning perticular persons, presupposed by that Statue to be criminall, fugitive, fraudulent Accomptants, but really and intentionally, as seem­ed by the sudden sad concequence innovated pau­latin [Page 5] not visibly at once, but by degrees to invade and swallow up the peoples priviledges and innumi­ties, for in the face or heeles of that capias and pro­cesse of Outlawry, by the eighteenth branch of the same Statute, an Elegit was added against the moyty of the Debtors Lands, being never before lyable to Execution either upon Judgement or Recogniz­ance.

That about 60 yeares after, and 280 years and up­wards, after the Norman conquest, Anno 25 Edw. 3. by a very short, sharp, and severe Law, the like Pro­cesse was granted in Debt as in Accompt, and this was the first fatall blow which wounded the Great Charter, and struck at the foundation of the peoples Liberties, yet it is worthy observation, that there nei­ther was, or indeed could be framed or invented any preface or introduction to manifest or expresse any reason, cause, or motive, to glosse or countenance that innovation, mutation and mutilation of the Great Charter, and peoples personall freedome concerning debt.

Anno 42. Edw. 3. The same King and Parliament­all counsell advisedly pondering the sad conse­quencies of that former cruell Act of the 25 of his reigne (having been existent about eighteen yeares) did abrogate and repeale the same, together with the Mother in law Act, or Parent which had nursed that degenerate monster, by some reserved State policy (totally if it were possible) to neneruate and exter­minate the memory of the Grand Charter and legall Priviledges of the people, both root, branch, and stemme, before that Act of Grace, of the same King restored and revived it, with the peoples Liberties, [Page 6] thereby explaining and declaring all precedent or subsequent Acts, tending to the violation or infring­ing the same to be void and null, so una eademque ma­nus vulnus opempue tulit, the same hand that gave the wound, recured it.

That neverthelesse, that Capias and Processe in debt as in accompt, relating indefinitly a like to the vniuersality of the people, they were promiscu­ously and incongruiously included and comprehend­ed amongst the sort of those impeached fraudulent fugitive Accomptants, being probably some few in­considerable number; albeit the entire Classe of the people were neither Receivers or Accomptants to any, & yet by reason of that mistake or misconstru­ctions were severed, scattered, and chased away as chaffe or dust before the winde, and (ex improviso) bereaved of their precious liberty and freedome, without any distinction of quality or degrees.

That notwithstanding, the then Peeres and No­bility (as is probable) either by reason of their dis­saslent or interposition against that destructive in­novated Act of 25 Edw. 3. or in respect of those Ar­cana Imperii (unsafe to contrevert) or of some other indulgent caution or connivence, did continue & en­joy their personall freedomes and priviledges, from arrest and imprisonment for debt, (as of old) along the various intervalls and intervemencies of Time and Government, untill the late Parliament eclip sed their personall Priviledge, Peerage, Votes, and Suffrages.

That during that short chasme or space of Time, wherein that inniovated Act of 25 Edw. 3. had bin vigent and excercised, that dulce venenum or sweet [Page 7] poyson of lucre exhausted from wealthy wilfull Cre­ditors, & drilled or extorted from imprisoned or bay­led Debtors, had so inchanted or infested the a variti­ous a petites of som eminent persons, otherwise grave & judicious; & likewise the covetuous desires & ap­prehensions of some then practick Attornyes, Under-Sheriffs, Prison-keepers, Arresting-Bayliffs, and other Officers & Agents then newly elected & actuating in City & Country, to pursue & perplex as well solvent as insolvent debtors. That those wily craftsmen (un­willing to relinguish that Golden gaine, and spoyle) so cunningly and cautiously contrived that Spyder­like Web, to catch and ensnare the wrongfully dis­priviledged people: That the same usurped illegall course and proceedings for Arresting, Outlawing, and Imprisoning the body for debt, became a constant cruell practise and custome amongst them; and it is humbly offered to your prudent considerations, whether or no partly by reason of the supernumerary swarmes and swervings of some covetous moderne titulary Atturneyes, and illiterall ignorant Soliciters, and other inconsiderable Agents (who like Wasps or Hornets blast and venome many causes and clyents they grasp or seize on) some pestilent or more perni­tious spirit then those of past ages do not stil range & rage amongst us; animating factious people to under­take impertinent litigious Suites, & wilfull wealthy Creditors to exercise tyranny to the life, against sol­vent or insolvent debters, under colour of the said abusive practise and custome.

The Petitioners humbly conceive, that no illegall innovated practise or custome, can be so antient and authentick as law, neither ought any inconsiderate [Page 8] inadvertence or misconstruction of law, though flourished with specious splendid pretences, (or shadowed and obscured under the cloud or false courtaine of ample antiquity) to be fancied and admitted to create or approve that to bee Law, which revera is not law, but e contra (as in this distres­sed case) a meer usurped abusive practise and falacy opposite unto, and unwarrant by any just incorrupt law, equity, sence or conscience.

For these, and the precedent movies, the Petiti­oners humbly hope and beseech further, That your Excelency and Honors, will think meet and declare,

1. That al the said abusive usurped practises, customs, and manifold evill & destructive effects, in any wise preceding or proceeding by that meanes, may hence­forth be abolished, cease, and determine, together with all relation, force or use of those obsolete per­nicious Acts, from whence they have rudely and violently flowed (without ebbe or abatement) as from vaste streames poluted and consisting of many corrupt and troubled waters.

2. That you Wisedomes (having elected for your Objects, the most excellent ends of Reformation, and Regulation of the law, & insufferable encroach­ed practise and abuses thereof) will vouchsafe to de­clare, That the Great Charter being (as aforesaid) the Epitome of the law, rightly distinguishing be­tween the then regall legall prerogative power, and the Subjects Rights and Priviledges, together with all the affirmative lawes and Statutes for maintain­ance, ratification, and establishment thereof, and of the peoples libertie may remaine and continve invi­olably in force, the rather for that it doth legally and [Page 9] clearely appeare thereby, and especially by the Act of 42 of Edw. 3. That all repugnant Statutes in any wise infringing the Great Charter, or the peo­ples liberties, or which gave the Capias or Exigent in debt as in accompt, to be repealed, abrogated, and held for null and or none, they being indeed the murthering-peeces or engines wherewith the sly & wily Engineeres of those times, durst and did attempt to batter and invade the liberties, peace, & tranquil­lity of the people.

3. That the fundamentall primitive lawes of this land, being the primitive results of the venerable conscript law-makers, who deservedly enjoyed the palme and priority in compyling apt and equall lawes for steering and regulating Prince and people from swerving astray to the right hand or the left, may continue as things sacred andinviolable; and the preheminence and meliority of their judgements who made them not suffer eclipse, but that the in­terpretation thereof, in their originall genuine sence, being as the virgin-voice or Oracle of the law may be dureable and permanent to posterity, all inter accidents or innovated practises, pretences, and evill customes whatsoever to the contrary notwith­standing.

The divine innocense and verity it selfe, hav­ing thus differenced custome from truth. Ego sum veritas, non consuetudo. I am Truth, not Custome.

4. Finally, that it is meerly the innovated, inju­rious, evill practises and customes, relating to void repealed Acts, exercised and intruded against the prerecited provisionall Common Common lawes, Magna Charta, and other unrepealed Acts in force, against [Page 10] the lawes divine and humane, which doth beget and multiply these grievances and crying complaints which the Petitioners and all therein concerned humbly pray may be forth with regulated and redres­sed, as your prudence and piety shall seeme meet, unto whose benignity and goodnesse herein, they prostrate and present the same, with their lowly Petitionary Request hereunto annexed: Of which favour they presume the rather for that the timely rectification and reformation of this generall griev­ance will be acceptable in the sight of God and all pious minded people, and probably silence and bury in Oblivion, many other crying Grievances derived from this occasion, as the Petitioners can manifest whensoever themselves, their Counsell, or Agents shall be appointed personally to attend and be heard viva voce in your Honours presence, and admitted by further additionall inducement, or otherwise to de­fend and maintain their humble proposalls on behalf of themselves the concerned people, and the true inadulterous law on that behalfe.