THE first part of this Preamble is far from the matter: Wee confess, Ar­rests by Capias, without Summons, for Trea­sons, Murthers, Felonies, and Trespasses, don Vi & Armis, or Contrapacem, or Formam Statuti, as Extortions, and all Frauds, and Injustice, don under color of Office and Justice, to bee lawful, and as antient as the Common Law of this Land; and more antient too, becaus such offences were committed before [Page 2]the Laws were written, or made in those cases, or thought upon, upon, to punish the past, and prevent the future. By the Law, wee know the sin that was be­fore it; and by the due cours of Law, the cours of sin ought to bee staied or corrected. But what is this to a debtor, which groweth neither vi & Armis, nor contra Pacem, nor contra Formam Statuti? for recoverie whereof, against able debtors, the Statute of Westminster 2. cap. 18. And the Common Law before that, provided remedies, the process, or proceedings whereof were by summons, at­tachment & distress, (as our ad­versaries confess) which cours, if Antiquitie can meliorate, is far antienter then the Capias for debt, which they make no elder then the repealed Statute that gave it, 25 Ed. 3.17. which the [Page 3]same King annulled the 3. and 17. years next after, viz. 28. and 42. of his Reign. The delato­riness alleged in the cours of Summons, is a deceitful infor­mation, and an untrue report made to the High Court of Par­lament; which were it to an inferior Judicature, deserveth no less punishment, then the Informers, to bee imprisoned a year, silenced for ever, and fi­ned, and ransomed at the State's pleasure, Westm. 1. cap. 29.3 Ed. 1. For the truth is, there can bee no speedier waie devised, considering Actions of Debt by Common Law, and many Sta­tutes, ought to bee laid in the proper Countie wherein the Defendant dwelleth, and hath, or hath not wherewith to paie; where the Sheriff having his Ju­stices, which is the onely proper writ for debt, is a Commission to [Page 4]hold plea above fortie shillings, and is to summon, attach, and distrein, and do execution ac­cording to the verdict of the Jurie, if in an Hundred Court, in three weeks, allowing fifteen daies, as Law requireth, between Process and Process; which three weeks between Court and Court, may fully afford, and that is no long delaie, in com­parison of what is usual at Westminster: or if in the Coun­tie Court, three moneths, or twelv weeks doth the same. But if the Action bee laid in, or re­moved to the Common Pleas at Westminster, (which ought not to bee don, or suffered, with­out injustice, or partialitie, pro­ved, not alleged in the Sheriff) they cannot determine the Acti­on under three Terms, which is not the fault of the cours of Summóns, which requireth but [Page 5]fifteen daies between Process and Process; but the fault (more then delatorie) of the cours at Westminster, which requireth long Vacations between Term and Term, and removeth more Causes thither in one Term, or Vacation, then they can end in seven.

And where they saie, Sum­mons are many times fruitless; that is never, except the Debtor hath nothing to bee summoned by, & so ought not by any Chri­stian Law, to bee looked after, but with eies of charitie. And why Merchandise and Com­merce in this Nation should bee hindered for want of a Capias, to arrest and imprison non-sol­vents to death, cannot bee tru­ly demonstrated by any Christi­an reason, since all men know, that all other Nations as well Heathens, as Christians, who [Page 6]never admitted so impious a re­medie to recover debts, as the Capias, finde no hinderance of Trade or Commerce amongst them, but onely the Trade of Lawyers and Liers, whereof the fewer make the better Common-wealth.

That former Parlaments pro­vided the Capias for debts, as a full and most necessarie remedie for this Common-wealth; and that divers Statutes affirm so much, appeareth to bee these men's additions to their former mis-informations, and endea­vors, to abuse this Honorable Parlament: For it was but one Statute that ever provided this Capias, and that is long since repealed as aforesaid, and so continueth by more then thir­tie three Parlaments and Sta­tutes. Neither doth that Statute shew any caus for its provision, [Page 7]making, beeing, or necessitie of its continuance, or hath any Preamble at all (as all necessa­rie Introductions of Law usual­ly have) but pinneth it self to the Statute made for Accompt­ants, viz. Lords, Bailiffs, Rent­gatherers, and servants, that cheated their Masters of their rents, and monies committed to their trust, to collect and ac­compt for, contrarie to all Laws, Justice, Equitie, Mercie, and common honestie; all which they falsified, and conver­ted their Master's monies to their own use; which to answer unto by due cours of Law, they com­monly durst not abide, for shame, more then for the debt, and therefore became Fugitives from their acquain­ance: so that the Capias was necessarie to staie, and fetch them to accompt with their Masters. [Page 8]But this pinning, or relating this Statute to that, seemeth to bee (as Master Cook writeth thereof) the work of som cor­rupt Lawyers, Members of that Parlament, that passed it unexa­mined, except by a Committee, which they over-ruled; and that is in a few words, so hud­dled up amongst other things, as they might bee as soon forgot­ten by the hearers, as read by the Impostors: which practise they have used for the unspea­kable advantage in all Parla­ments that trusted them; God bless this from the like, and grant it bee not too late wish­ed. Howsoëver, that venerable Judge, and Autor of the Mir­ror of Justice, pag. 283. ca. 5. sect. 7. condemneth this Capias, and de­clareth it to bee contrarie to Law; and sheweth reasons therefore, both there, and p. 108. [Page 9]where the Action for accompt is debated, and declared to bee mixt, in regard of the trust and deceit of the Accomptant, de­serving therefore to bee prosecu­ted so far, as to bee forced to an accompt: but for the debt, more then hee hath wherewith to satisfie, the Law requireth nothing of him that hath no­thing; and giveth no recoverie, nor other remedie then revenge, which God calleth his own. And both this Author, and the Lord Coke, in the Third part of his Institutes, agree, that the acting and mainteining of things contrarie to Law, as Law, or lawful, is a subversion of the Law, and that is no less then High Treason against this State and Common-wealth; which case is our adversaries, whom wee hereby impeach thereof, and crave direction and [Page 10]assistance, to indict and prose­cute them according to the known Laws in that behalf; So far as they may not lose the honor of their Antiquitie, which they press so much for; and wee confess, that for the mysteries of its craft, it hath exceeded the Sciences of all their Progenitors in their several fa­culties; for in the art of men­catching, there are of them ma­ny one, who exceed,

1. Three Bum-Bailies, who by virtue of their Capias, can com­monly catch but one by the poll at once, nor that without vi & Armis, and loss, or hazard of lives, by the furie of their pas­sions, while our Chamber-Offi­cer can make threescore Capises to catch five times threescore persons without any danger of his own, except by the wrath of God, which few of them [Page 11]ever feared, but are all embold­ned by his patience, to attempt the catching of a whole Par­lament of most wise Senators at once, to becom subject in them­selvs, or their posterities, to this Purs-net, perswading them to father, and maintein this Ba­stard Capias, which knoweth no difference between a Parlament­man, and another, or between his friend and his foe.

2. In the Art of Ambition, they exceed their Father the Devil, who did but attempt to bee Lord of Hosts, whilst these men becom Hosts of Lords, and still covet to enlarge their Do­minions.

3. In the Art of Murthering, they exceed their brother Cain, who killed but one Abel in all his life time, and for that one offence, had the curs of God upon him and his seed for ever; [Page 12]while these men daily murther many of their brethren with fals Judgments, and solace themselves with Angels, desile their hands, and fill them with bloud, yet would bee heard in Parlament, when God telleth them hee will not hear them, Isa. 1.15. and bid's them fill up the measure of their Fathers, that upon them may com all the righteous bloud of the Earth, from the bloud of Abel, &c. Mat. 23.32.35. and Luke 11.50, 51. concluding v. 52. Wo unto you Lawyers, for you have taken away the key of knowledg; you entred not in your selves, and them that were entring in, you hindered: Which Scripture, wee conceiv, may bee fitly applied to our English Lawyers, who have taken away the English of our Laws, which was the key of our know­ledg therein; And entred not [Page 13]into the truth thereof them­selvs; and them that would, they hindered, until this hap­pie Parlament righted us in that, sore against their wils, and will as wee hope, and they fear, fur­ther right and free us from their bondage, finding that now they have filled the measure of their Fathers, that upon them may com, and from them may bee required all the righteous bloud of prisoners for debt, from the bloud of the first Free-man of England, imprisoned for that caus, to the bloud of the last that shall perish in prison for the same.

4. In the Art of Treason, they exceed Judas, who with one kiss, betraied but one Ma­ster, to a death fore-ordeined by God's Providence, for the life of the world, except his desperate betraier, and other un­believer's [Page 14]children of perdition; while these men by their daily prevarication, and changing their notes, since they have de­serted the Canonical Organs, and Psalmistical Harmonies, to the tune of the Organical Canons, shrill Trumpets, and ratling Drums, siding with the strongest Faction in Warrs, as with the richest partie in Peace, till they have betraied three Common-wealths to manifold deaths, avoidable by the mercie of God, and Praiers of men, except these impenitents that harden them­selves in their wickedness, do stir up others to second them of seditious and implacable spirits, sons of Belial.

5. In the art of Impostors, they exceed the Pope, and Ma­homet, who by their impostures endeavored but to counterfeit Christ's Miracles, and make those [Page 15]counterfeits sailable at high rates, thereby to disestimate his truth, and prefer their own in­ventions, and to eclips his kingdom of grace, that they might ostentate themselves in too of Vain glorie; whilst these men having disguised our Lawes in Forraign languages, made them vendible to our selves at their own prices, and thereby have subjected the seven liberal Sciences, and three free King­dom's of several free Nations, to their unlimitable impudence, which being over-ruled for the language they intend to main­tain, and augment in price and jurisdiction, and settle them­selves in one tyrannical Monar­chie, as arbitrarie, as intolerable, and as slavish, as mercinarie. And contrarie to Magna Charta, and were ever since the Court called the Upper Bench, hath imposed [Page 16]its judicature in matters of Debt, and other Common Pleas, ex­preslie forbidden them, and taken out of their jurisdiction; and both it, and the Common Pleas, impose their Judicature in cases of Tithes, expreslie taken out of their jurisdiction by several Sta­tutes, and given to the spiritual Courts, which (though now suppressed) their jurisdiction ought not to bee resumed but by the Parlament, nor executed without an Act for that end.

6. In the Art of Perjurie; they infinitelie exceed Peter, who forswore himself but once, and when he heard the Cock crow, went out from the Maid that urged him, wept bitterlie, repen­ted him of his sin, and resolved to do so no more: whilst these men forswear themselves dailie; and when they hear their Pockets ring, go in to their Wenches, [Page 17]with whom they interchange deceitful imbraces, and seem to laugh merrilie, persevere in their wickedness, and implore a Parlament to countenance, and continue them in condition to do so still.

7, 8, & 9. In the several Arts of Extortion. Bribing, and Pre­varication, they exceed the no­torious Judges, De'Burgo Tre­silian, Bremble, Thorpe, &c. as well in their takings, as in their num­bers; for as those were few to their manie, and Thorp's taking was but 100 l. from manie hands; how manie hundred pounds taketh one of them from one hand? wee can witness too well, and others may compute by the increas of the price of an habeas Corpus, Error, &c. And the necessitie of divers parties to make frequent uses those in­struments, more to avoid Justice. [Page 18]them to desire it: whereby the prevarication, Ambodextership, and Legerdemain of these men dailie appeareth more and more by their impairing of their Cli­ents to improve themselves; manie men of manie thousands beeing brought suddenlie to nothing, and most of them from nothing to manie thousands per annum.

10. In the Art of Communta­tion they exceed both Cano­nists, and Civilians, who com­muted corporal penances to pe­cuniarie, paiable out of perso­nal estates, while these men change Treasons to trespasses, and Trespasses to treasons at their pleasure, and make debt guiltie of death, surer, though somtimes slower then Treason, or Misdemeanor whatsoever, and men's estates as well real, as personal whollie their own.

11. In the Art of Transfor­mation [Page 19]they exceed Chamelions, who can bee of anie colour but white, expressed in Scripture to bee the immaculate investiture of Angels: These men can seem of all colours to suit with all pre­dominations, though never so divers, and all contraries, and turn the Law for all their turns, and arrogate most trust when they are most treacherous, and face themselves with the truth of Saints, when they are as fals as Devils.

12. In the Art of Counter­feiting, they exceed both Alchi­mists, and Coyners, of whom the first counterfeit, but Gold, and Silver, and turn more Gold to brass, and Silver to lead, then Copper to Gold, or Lead to Silver: And the second Coun­terfeit, but Pictures, whilst these men counterfeit Justice, Equitie, and Lawes, more concernable [Page 20]then Metals, to God and Man; and fix mens substances, more considerable then their pictures, upon themselves, and their heirs.

13, & 14. In the Arts of For­gerie, and Fraud, they exceed all Coiners of fals Monies, and Counterfeiters of Letters, and Tokens; whom, if they catch with such misdeameanors, they somtimes severelie punish, and somtimes pass over sleightlie, or excuse artificiallie, as may most conduce to their profit, or con­cur with their practise, whilst they themselvs make it a chief part of their office to forge the returns of Sheriffs and Coroners of several Writs, and to file them for true Records, and due pro­ceedings of Law; whereupon follow Judgments, Executions, and Imprisonments to manie thousands, to their utter undo­ing [Page 21]and for want of summons, Attachments, and exigents dulie executed, and returned by those Officers who never see them, yet are answerable by Law for those fals Returns made unknown to them, and the Forgers thereof, as of all other faudulent deeds which cannot be drawn, ingros­sed, antedated, and contrived advisedlie without them, or som of their Counsels, ought to bee punished for the same, for which they are never questioned; but contracting the greatest Forge­ries, wherein they are actors, pass for good deeds and online those trifles that want their skill, and privitie, are made great, or dear offences.

15. In the Art of Lying they exceed the men of Creet, and Cho­zeba, who (as is written, 1 Chron. 4.22.) were also Ancient, as these men would be accompted; [Page 22]for those but as Men and Hea­thens, lied but to men in hu­mane things, whilst these men, as Devils, lie unto God, and in contempt of his Divine Word, and Deitie, as shall appear here­after.

16. In the art of Simonie, they exceed Simon himself, who would have bought, for his monie, the Gifts of the Holie Ghost, and intending the Apostles fa­vor, purchased their indigna­tion: whilst these men have, with their Monie's, purchased their Offices, and all the said gifts of the Devil, to execute them, and by the same endeavor to acquire the favor of manie o­ther corrupt members, who (as wee hope) shall not bee suffered long to abuse the rest of this hap­pie Parlament.

17. and 18. In the arts of Ra­pacitie, and Tenacitie, the [...] [Page 23]Catchpols and Gaolers exceed Lions, and Tygers, and their Gaols and Dungeons Hea­yen, and Hell, for Lions will favor their friends, and Ti­gers their neighbors. And Heaven wll neither take, nor receiv, anie but God's Elect; nor Hell anie but Reprobates; but Catchpols, Goalers, and their Gaols catch, and receiv all men they can sue, and count all too few, and keep them in their pawes, and caves, while they are worth a farething.

And thus having suppedinated their Proëm with eighteen de­scriptions of their properties that appropriate to themselvs all our proprieties, and so super­numerated their 13 fals Reasons for the supportation of their innumerable falsities, wee shall descend to fist those Reasons as followeth.

1. The first is all fals; for the attaching of persons secureth no part of the Plaintiffs debts by paiment, or other satisfaction, but commonly their debtors bo­dies to miserable deaths, and their estates from their heirs and creditors, to Lawyers and Officers: For the proceedings by Summons, wee have answe­red before. And for Prisoners that are able to give for their libertie or their Gaolers, they have as much as they desire and paie for out of their creditors rights; and their own Frie, and not the Plaintiffs, or their heirs, have their Gaoler's leavings.

2. The second is like the first; for it is not a few, that are de­teined for debt, when Sir Jo. Len [...]hal hath in his custodie or list one thousand persons; the Warden of the Fleet as many, the Gaols of London, Westminister, [Page 25]and Liberties adjoining, few less; and in the rest of all the Gaols of England and Wales, will bee found many more. They that accompt so many few, de­clare their desire is to have all the Free-men of England and Wales (except themselves) in the same case; why? and with whom els do they make the comparison, but becaus they conveiv there are more persons out of prison, then in; their detention is not seldom, but frequent, and so are murthers, and hurts, committed as well before, and at, as after arrests; by reason thereof, they are not deteined for a short time, but ordinarily till death as aforesaid: Warrant of Atturnie, if they need any Atturnies, they ought to give to whom they pleas, and not to whom any Court appoin­teth. And for appearance, no [Page 26]Free-man oweth it to any Court out of his Decenarie, Hundred, or Countie.

3. The third is but a block­head-ship's Proëm, as untrue as the former, and so demonstra­ted in our answer thereunto be­fore. No Trade but Lawyers, nor such, but Westmonasterians, will bee hindered by taking away the Capias. It was the lawless use thereof, that caused more Usurers then Merchants, to look after men's persons: It ne­ver was, nor could bee the spee­diest waie for Plaintiffs to gain their debts, but the most dela­torie to recover, and the most readie and usual to lose them; so as the repetition of the decaie of Trade, if the Capias were taken off, is but tautologie for want of reason, and an abuse of Parlament, to bee offered such untruths, to hear, or look [Page 27]upon, punishable as aforesaid.

4. The fourth is as bad as all the former; for the attach­ing of a man's person, where he hath neither means to paie, nor friends to bail, produceth no end but Imprisonment, Sum­mons, and Attachments of men's goods, where they have to paie, conduce to the speediest end between Debtor and Cre­ditor: Hee that hath of his own to paie, will regard Summons, lest if that hee bee attached, hee shall lose all, and if submitted to his Creditor's mercie, hee may save som. Hee that hath enough, or more then sufficient to paie his Creditors, of his own estate, will neither regard Sum­mons, nor fear Arrest, but de­sire it, beeing sure of what li­bertie hee pleaseth, paying his Gaoler, and to leav what his Gaoler leaveth, to whom hee [Page 28]list, as aforesaid; whereby more Creditors are cheated, then by any other deceit, and more un­don, then debtors of that kinde, who commonly live too plenti­fully, and leav somthing, when their Creditors have nothing whereby to live, or whereof to leav.

5. The fifth is as untrue as the rest; for a debtor that is worth the Summoning, can live no where better then in his Decenarie where hee is best known, and hath his pledges answerable for his honestie; nor can hee transfer his estate to any other Countie but to his loss: And his avoiding the due cours of Law, is a misdemeanor that depriveth him of the benefit depriveth him of the benefit thereof; which beeing certified by a Testatum, a Capias of cours ensueth, to pursue him from Countie to Countie, till hee bee [Page 29]found, or outlawed; which was ever lawful against such as waved their Law and freedom, to anser it in its due cours; and such a Certificate of the Sheriff of that Countie whence hee fled, ought to make to the Chan­cerie, whence hee had his Justi­ces to determine the matter; and the Chancerie ought to send the Capias to the Sheriff in whose Countie hee doth latitare, & discurrere; and so the alias Plures, Exigent, and Outlawrie, till hee bee forced to return him­self to the first Sheriffs, to have his caus determined there by his Peers, as it ought: all which, affording fifteen daies between Process and Process, is feasible in half a year; and what hee shall bee then found to have left of his personal estate, his cre­ditors must have all, and two parts of his real; with less then [Page 30]a tenth part of the fees and de­laies used at Westminster: which old cours of Law beeing resto­red, and so known, will make everie able debtor submit to Summons, and farther Process, especially Outlawries, more ter­rible and odious then now, when they are but scare-crows, rever­sable and extinguishable by their grantors, for their gain at their pleasures: For the debtor that is not worth the summoning, up on the Sheriffs return of Non est inventus, & nihil habet, the Law is ended (as aforesaid) until God enable him. And in the interim, wheresoëver hee lurk­eth, or liveth, by lawful endea­vors, Cantabil vacuus coram la­trone viator, no debtor justly in­debted, can, or ought to bee suf­fered by any just law, or equitie to make away his estate, before hee paie his just debts, for it is not [Page 31]his own, but his creditor's; and such Conveiances ought to bee adjudged fraudulent, although the fraudulent makers of that fraudulent Statute, have inser­ted the words honlifide, for them­selves, and their imps, who ne­ver had good faith or honestie to expound for their profit, as a­foresaid; for good faith can do no man wrong, but fals Law­yer's interpretations thereof, and of the Law, commonly wrong all men, and enrich onely them­selves. The Lord coke in the Third part of his Institutes, upon the Writ de odio & atia, decla­reth these men to bee lier that charge the Law, or its makers, with more regard of men's debets, then their liberties.

6. The fixth is of the same stuff, and in substance answered before. Do more Merchants trade out of England by sea, be­caus [Page 32]it is an Island, then into it out of larger and Forrain lands, where the Capias for debt was never known? Do not these men buy wares upon trust, and trade to sea as often as the English? and having no Capias, have their creditors no Laws to recover their debts? is it not better to attach their debtor's goods, or their, then their bodies? And so hath London used to do by Cu­stom, and other Towns and Ports ought to have don so as­wel; and the Law of the Admi­raltie hath its cours of Justice within its jurisdiction. Wil com­mon Lawyers have no Law but their bastard the Capias, to range about by Sea and Land, like its its Grandfather the Devil, seek­ing whom it may devour? Nay, are not the words of the Writ of Summons, at the Common [Page 33]Law, directed to the Sheriff, which any Major, or chief Ma­gistrate of any Corporation, may upon complaint direct to Sheriff or Sergeant; praecipe, &c. per bonos summonitores; that is, I command thee to summon A B, &c. by good Summonitors, &c. and have their names, &c, and this Writ before mee by such a daie: And to what end? but that the Summonitors beeing two, or more of the ablest Free­men, or Pledges of the Jurisdi­ction, undertaking the Sum­mons, undertake the goods till the Attachment ensue, if they cannot end the matter before, as neighbors bound in charitie so to do. But these Westmonasteri­ans abhor that, and seem neither to know, nor willing to admit any charitable end, or other Law, but their Capias to catch and bring all fish to their net.

7. The seventh is but a chip of the sixth, and answered be­fore, with this addition. Is there no trust, but where the Capias is, or can thrust it self? If it bee the caus of trust, Ju­stice, Equitie, &c. and such a caus, as without which none of these can subsist (as they saie it is) and both legal and neces­sarie for this Common-wealth, that it seem's the onely Trustee thereof? Why is it not warran­ted, or suffered by these men themselvs to peep into their Inns of Court, and Chancerie? pla­ces pretended to bee egress and ingress of Law, Justice and E­quitie, and known to take upon trust more then all the Mer­chants of England can tell how to recover by the Capias against their persons, who make their Inns, and their Gaols of the up­per Bench, and Fleet their San­ctuaries, [Page 35]more privileged then those that were so called and used by such debtors as made fraudulent gifts, feoffments, &c. and afterwards withdrew them­selvs thither, untill the second Statute made the second year of Richard the second, granted a Capias to ferret out such Lati­tants out of such Latebras; Such a ferret conceiv wee now, to bee necessarie for the Common-wealth, and especially for many undon Londoners, by trusting such debtors, or rather cheat­ers, to fetch them out of their profane Asylums, the Fleet, Marshalsey, their Inns, &c. instead of that by them commended for the use of the Common-wealth, and yet commanded not to med­dle with themselvs, or their ha­bitations; as if they concluded themselvs and theirs, to bee no part thereof, though will known [Page 36]to bee all forfeited thereunto. But how irrational they shew themselvs, when they offer rea­sons to a most wise and circum­spect Parlament, to persuade them that can onely bee profitable to all, which is so unwelcom to them, that they cannot endure their own beagles that carrie it abroad, to bee their Inmates an hour longer then while they slave and pump them, and so make them as fit to bee their Mass-Priests, as their prolling Proctors.

8. The eighth sheweth these men's desires, as well to pervert the Word of God, as to subvert the Laws of England, and decla­reth their right as well to the Faggot, as to the Halter, and their fitness as well for Hell, as the Gallows. They blush not to saie, that they finde presidents and approbations in the Old and [Page 37]New Testaments, of like pro­ceedings, and greater cruelties against debtors, amongst the Jews, then is used by them and their Capias here: And those (saie they) were condemned, neither by the Romanes, that lo­ved Justice, nor by Christ. The first Scripture they cite, is Matth. 5.25. where whosoëver is angrie with his brother without a caus, is advised to leav his gift before the Altar, and bee reconciled to his brother first, and then offer his gift, lest at any time the Adversarie de­liver him to the Judg, and the Judge deliver him to the Officer, and hee bee cast into prison; where Christ saith unto him, Verily, I saie unto thee, thou shalt by no means com out, until thou paiest the utter most farthing: wherewith agreeth Lu. 12.58.59. and both with the Parable of the non-solvent ser­vant, Mat. 18.25. & all these places [Page 38]conclude with the rest of the Scriptures, that the debt here meant to bee punished by impri­sonment, was not a debt of monie borrowed for need, and lent for love, prophesied to bee don. Deut. 15.6. and commanded Matth. 5. and 42. And therefore beeing no action of sin by the Old and New Testament, was liable to no action of Law, ten­ding to personal punishment or imprisonment; but the debt meant here, was indeed the du­tie of the Usurer, Extorter, De­ceiver, Hypocrite, &c. to for­give their debtors their debts so accrued: But Usurie, Extortion, Briberie, &c. which were such heinous offences amongst the Jews, as still they are, or ought to bee with us, that they incur­red mixt actions in Law wor­thie of arrests and imprison­ments, till the uttermost farthing [Page 39]were paied, or restored, with amends; Levit. 6.2, 3, & 4, ex­poundeth this debt to bee such cleerly, and no other. Our pe­nal Laws for those offences, which make the principal debts void, and give the Plaintiff tre­ble for damages, or according to the Judge's discretion, carrie shadow of that Justice. The Context in Matth. 5. decla­ring our Savior's speeches to the Scribes and Pharisees, elswhere called Lawyers, Extorters, Dis­semblers, &c. and here redargu­ed of their unrighteousness, and breaking of the Commande­ments, which they adjudged death to others; accompting killing onely such as was don with the sword, and him to bee subject to the judgment, where they knew; that by their own law, men that killed in their own defence, had sanctuarie, & that the [Page 40]word Judgment emphatically proceeded with the word The, is always used for the general Judgment of God: wherefore Christ telling them, that killing extend's to him that is angrie with his brother without caus, and elswhere to him that suffe­reth his brother to perish when hee may save him; much more then to Fals Judges, Extorters, Usurers, &c. who may finde them­selves sufficientlie described in him to whom his Lord forgave all his debt; (which in the last vers of this Chapter (as fre­quentlie elswhere) is called as well trespass, as debt, becaus mixt, and compounded with sin, more then borrowing, or lend­ing of monie) until hee extorted from his fellow-servant, who ought nothing to him, but to his Lord, upon whom he had not like compassion, as his Lord [Page 41]had upon himself, but grew an­grie with his fellow-servant without caus, and cast him into prison; which, when his Lord heard, he was wroth, and deli­vered the mad Extortor, not the meek Debtor to the tormenter, &c whereof let Extorters, U­surers, &c. take better notice, and applie the said Scriptures to t [...]emselvs, and know that the Devil, called here emphaticallie the Adversarie, is he that deli­vereth them (as the common accuser of sinners whom hee se­duceth thereunto) to the Judg of Judges, and King of Kings, the God of Truth, Justice, and Mercie, who (except they say, and resolv to pay all, viz. re­pent, and have like compassion upon their brethren, as they expect from him) will deliver them to the Officer, as saith Mat­thew the 5. Tormentor, as saith [Page 42] Matthew 18. viz. the Devil again, who supplieth all such offices, and delivereth all that are deli­vered to him, to Hell, whence is no Redemption, till the utter­most farthing bee paid, which is never to be don after the oil is out of the lamp, and the dore shut: Where contrariwise the Law of the Jews (which Christ saith hee came not to destroie, Mat. 5.17. and neither did, nor would alter, as appeareth, Mat. 18.25.) did not imprison mo­nie debtors at all, but sell them, and their wives and children, and all they had to their credi­tors that were bound by the same law to keep, and finde them in their houses, and imploiments, not in prisons, and dungeons, without, and from all imploi­ment but wickedness, as our Gaolers do us; nor as these men impiouslie allege, and belie the [Page 43]Holie Ghost, saying, That their creditors might take their deb­tor's cloaths, and bed-cloaths from them; where the Text they cite, (Lev. 25.39.) saith, they must use them as brethren, hired servants, and sojorners (which we finde all the Old Testament over, had the trust, and charge, not onlie of their Master's estates, but of their children, and their wives, and wanted nothing suta­ble, not onlie to their own ne­cessities, but also to their ma­ster's credits, and imployments. And debtors were to be kept so by vertue of their sale, but till the year of Jubilee, which, when it fell within seven years in the time of Moses, restored them to their libertie; for with­out it, the seventh year they were to be restored, as appeareth, Deut. 15.1. &c. And in Jeremie's time, at the fixth years end, Jer. [Page 44]34.14. Now doth the Capias, Arrests, and Imprisonments used by these men, hold anie analogie with the mercie, justice, susten. stentation, freedom, and hope of libertie in few years, which the Jewish law afforded to those debtors they sold to their Cre­ditors? Compare, and finde as followeth: There the debtors had the mercie to be no Priso­ners at all, but as hired servants, and sojorners: The Justice, to bee no bondmen which masters might use at their pleasures: The sustentation; to have food and raiment enough, and com­potent to their conditions, and their masters callings: The freedom; to live, and love hus­bands, wives, and children all together; to pray, feed sheep, and work comfortablie together in their masters houses, fields, vine yards, &c. with no less good [Page 45]instruction, and recreätion to themselves, then profit and plea­sure their masters, and hope of full libertie to make use of those good instruments for their own best advange at six years end, if a Jubilee freed them no sooner. Contrariewise; here the poorest debtor hath the cruellest impri­sonment; that is the rule of these men's mercie: The greatest cheater hath the greatest favor; that is their Justice: The susten­tation wee would buy for our selvs at the best hand, while our monie last's, our Goalers take, or keep from us, to force us to buy half so much, and nothing so good of them, while wee have a pennie left; and after to starve; when others, for our Custom, would prolong our lives, with trust for a time, they will trust no poor man for a farthing; nor rich, but to fetch his monie. Our Freedom is not to the next [Page 46]Ward, nor in our own, to enjoy wives, or children, longer then they bring fees to the Gaoler; that when we have sold our cloaths, and bed-cloaths to feed our bloud-suckers, our common bed is the bare ground, till wee fa­mish here, and our wives and children in the streets, and dit­ches, do the like; hope of liber­tie wee have none, but by such deaths; for our livelihoods are too little to pay our Fees from the dayes of our Arrests, to our Funeral: if anie attein to liber­tie by some casualtie, hee is the wors while hee liveth for his Gaol education. Our Law is derived from the Romanes, who (as these men say) condemned not the Law of the Jewes con­cerning Creditors, and Debtors; wee wish ours were as merciful; and so it was before and since Magna Charta, when it medled not with men's bodies that had [Page 47]not wherewith to pay their debts, but relieved, and imploied them according to their endea­vors, forgiving their debts, and believing that of our Savior; if you forgive not men's trespasses, neither will my Father forgive yours, Mat. 7.12. But these men that dare abuse the everlasting Word of the everliving God, and the fundamental Laws of this Land grounded thereupon, to mis-inform a Parlament to their own ends, notwithstanding they know wee have abundance of sound Divines to expound Scriptures, and some honest Lawyers, though no professors to explain Lawes. What shall wee think of these men's sinceri­tie to be trusted with the making up, and keeping of Records con­cerning the whole estates of the Common-wealth? but submit [...] the consideration thereof to all interested therein.

Their 9. Reason pursueth the former in its Coin; for most untrue it is, That men alwaies begin suits (meaning by way of Capias, and Arrest) upon neces­sities of injustice, that is to say; when no other trick will serv to bar men of their libertie to prosecute just suits for loss of lives, or estates of most concern­ment; or for Treasons, felonies, or trespasses most notorious, committed by night, and defen­ded by injustice, what is more common then to arrest the pro­secutors for supposed debts of thousands of pounds, more then they are able to find bail for, until Trials, and Judgments bee carried against them in the cau­ses they should follow by the same hands of Power and Justice, that they should prosecute, but cannot, being so prevented. And how manie are now imprisoned for supposed debts, which they [Page 49]never ought, or if they did, have paid, or which were not due at the time of the Arrest, &c. And what necessitie of Justice was to begin such suits? And what murther more wilful, more ma­nifest, and more cruel, then to imprison men so till they die? And where they say, that most commonlie debtors have notice before any suit be commenced, why then do they debar sum­mons, which is the right process of notice? How come Justices of Peace, and Grand Jurie men, that alwaies attend Assizes and and Sessions, to be arrested by bills of middle Latitats, and Outlawries, before they can hear of anie suits against them? which case is common. And for their alleging of manie Statutes, or Parlaments, that approved of their Capias, let them name one more then that of 25 Edw. 3.17. which gave it, and was repea­led, [Page 50]28 Edw. 3.3. and 42 Edw. 3. as aforesaid. What Statute, or Par­lament, ever since revived it in express terms? It is true, That of 19 Hen. 7.9. ordeineth process upon Actions of trespass upon the case to bee no more delatorie then that practised for debt. And wee grant that actions upon the Case, being mixt acti­ons, ever ought to have been by Capias before that Statute, however neglected by such as ever left undon those things which they ought to have don, to do those things which they ought not. And that summons is a milder way, and not so compul­sorie: as the Capias, wee con­fess, and hold more Christian; for the Capias compelleth men that are not able to pay their debts, and that never ought anie, to be imprisoned, starved, mur­thered: And no just debt to bee paid so soon as summons, all the [Page 51]world knoweth thereof, and therefore no Nation but English admitteth a Capias for debt.

The 10. is as deceitful an in­formation as anie before that; for wee desire no new way upon summons, to hasten Judgments before Attachments and distress, by affidavit of a summoner: but that summons may go by Writ, as it was wont, to the Sheriff of the Countie wherein the debtor dwelleth, requiring him by good summonitors (which are the words of the Writ) to summon the partie to bee at the return of the Writ, in the Court whence it issued, whether the Sheriff is to return both the writ, and the summonitor's names, in that ought to be substantial free-hol­ders, and free pledges of the same decenarie as the debtor, who, if they return summonitus, are answerable for so much as they finde him worth, till At­tachment [Page 52]taketh it into the She­riff's hands, or sureties for appea­rance. If the return bee a nibil haber, then (as aforesaid) the Law ought to look no further after him, till God make him able: for (as the Proverb was) where nothing was to be had, the King was to loos his due. And if the return bee non est inventus, his shunning of the Law maketh him a malefactor, subject to a Capias upon a Testatum directable to the Sheriff of the Countie wherein he lurketh, and so from Countie to Countie, till hee bee taken, or out-lawed. Again, if the return be summonitus, At­tachment, distress, and Judgment follow of cours, legallie, and speedilie, and are the onlie due process of Law, as wee have de­clared before; and so is not a Judgment by nihil dicit, stolne by connivence of Attornies, un­known to the Defendant, al­though [Page 53]his warrant of Attornie bee had to appear for him: a common feat countenanced too much by the Law at Westminster, to thousands undoings, and their own gain. For trial by Jurie, Issues joined, cannot bee tried o­therwise, Nihil dicits, & Arrests by Capias use them not: For mul­tiplicitie of Suits and Perjuries, they were things never found fault with at Westminster these 200 years, till now. And now if the Chancerie grant Justicieses to Sheriffs and Stewards, as they ought, gratis; and Corporations proceed by their Charters, West­monasterians need not fear to bee troubled with multiplicitie of Suits; and those growing fewer, so will their perjuries.

11. The eleventh is a toie; for wee grant that a Capias ad respondend. beeing unlawful, that ad satisfaciend. is groundless, and both most lawless, and useless; [Page 54]the due process of law for debt being as aforesaid, summons, &c.

12. The twelfth is a Riddle and a Paradox, wherewith these men would amaze us with som wonders of their experience hapned by this Common-wealth by the benefit of their Capias, which they call the Process of Arrest, Anno Domini 1267, & 1350. They might have don well to declare their particu­lars, that others that know them not, might judg thereof as well as themselves. Wee con­fess, and they know the Ar­rest, Imprisonment, Exile, and Hanging of Traitors, Ex­tortioners, &c. as were the Spencers, Father and Son; the Judges Hugh d' Burgo, Tresilian, &c. who seduced Kings, as these men would Parlament, were beneficial to this Common-wealth; and wee hope it will bee so again, though wee know [Page 55]not how long the Devil may help his servants: but of poor debtors wee can remember no arrest that was ever beneficial to any one person of this Com­mon-wealth, but have sufficient­ly proved the Negative.

13. Lastly, for the subtilties, and subtersuges of debtors, wee know none more then these men; and their predecessors taught such as grew indebted, and by their natural inclinations, assist­ed with these men's advices, and devices, far more subtle then their own, to cheat men of their Lands and Estates; and by the credits of their sureties, that took them to be honest men, until too late, they found the contrarie. Wee confess it is true, that such debtors by the helps of such teachers, became so sub­tle, as to get in their hands all they could of their Creditor's rights, and conveied them to [Page 56]what uses they pleased; and procuring themselvs afterwards to bee arrested, where they might bee brought, or removed to the upper Bench, or Fleet; made those places their sanctuaries and subterfuges, where they are many thousands in list, but few in custodie, riding, rioting, and spending their Creditor's and Suretie's Estates, somtimes at their own doors, who want for their sakes those blessings to re­liev them, which they vainly con­sume to out-brave them; and somtimes in parts remote and Forrain, more active against this Common-wealth, then for it.

The premises tenderly consi­dered, and for that these men, by these their endeavors declare themselvs, and their Judges, and the rest of their rabble, to bee of one fraternitie; and all parties in this matter of our wrongful imprisonments, and guiltie of [Page 57]all the Extortions and Oppressi­ons concurrent therewith, and livers, and thrivers thereupon; and therefore no fit Judges in these causes, as further appeareth by their lothness to submit, or give waie to the Hous, whereof they are over-ruling members, to perform their promises to your Excellence in our behalfs, made many years past, or to re­store us, and themselvs, to our birth-right, liberties, and free­dom, whereof they have robbed us, but are ashamed so to do like thievs and intruders, to deliver their possessions to the right ow­ners. May it therefore pleas your Honor, in our further be­halfs, to caus the Hous once more to bee moved to grant a Commission under the Great Seal, directed to indifferent Commissioners, that shall bee no professed Lawyers, Atturnies, &c. or persons engaged to pub­lick [Page 58]emploiments, Martial, or Civil; but men of understand­ing, and discretion, undoubted honestie, well-affected to the pre­sent Government, to bee nomi­ted by us, and approved by any two, or more Parlament-men; autorising everie two, or more such Commissioners, (not excee­ding twelv in all) to deliver all the Gaols of England and Wales, of all prisoners for debt, forth­with without delaie, compel­ling all that are able, to paie all or part of their just debts, to paie accordingly, so far as all their goods, (except the beasts of their plough, tools of their trade, and necessarie cloaths and bedding) and two parts of their Lands shall extend, notwithstanding any Conveiance of any such Lands since the debts grew, (ex­cept distributions between real Creditors.) And to hear and determine all wrongful Impri­sonments, [Page 59]Extortions, Briberies, Usuries, Perjuries, Forgeries, Frauds, Deceits, Trespasses, or Oppressions whatsoëver, con­cerning such prisoners onely, committed, or to bee committed by any person or persons what­soëver, against them, or any of them, or by any of them against any of their Creditors, through­out England and Wales, according to the antient Laws and Customs of England, confirmed by the great Charter, and Petition of Right, to endure for three years from the date thereof; allowing everie such Commissioner 300 l per annum, above his necessarie expences, for his salarie, in con­sideration of his pains, and loss in his time, and private affairs; and such fees, and allowances to their Clerks, Messengers, and other necessarie Ministers, as any three of them shall think fit, not exceeding the presidents [Page 60]of other Courts, in like cases, to bee deducted out of such fines, amerciaments, issues, profits, and perquisits, as shall grow due to the Common-wealth, by their service, as other Courts use to do; and the rest to bee accomp­ted for, to such other publick uses, as the Hous shall appoint: Which beeing don by your means, the Land shall bee pur­ged of much iniquitie, the Lord's wrath for the same much appea­sed, your Excellencie, and your Armie gain much happiness, love, and honor, divine, and humane, temporal, and eternal; the Common-wealth regain a Million of monie picked out of their purses by Extorters, Usu­rers, and common Deceivers; and your Petitioners bee at li­bertie to fight for their Coun­trie, and safegard of those lives of their own with courage and comfort, which as yet they have [Page 61]no hope but to lose with care, and sorrow.