The Copie of a letter written unto the worthy Member of the Honourable house of Commons, Mr. HENRY MARTIN, Apr. the 18. Anno 1646.
THe many guifts and graces displaying themselves in you, and by them setting forth your zeal to Gods glory, and your Native Countries welfare, together with the hopes of comfort we apprehend in the restoration unto the place you possessed, when the Ordinance of Parliament passed for release of prisoners for debt, and others as unjustly restrained; incourages me to addresse my self unto you, not only in mine own particular, but also, for and in the behalf of all, suffering imprisonment for Debt, in those times in which the whole Kingdome is become Banckrupt; and inforced by a strong hand to work his peace for the restoration of her Liberty, Laws, and Religion in its purity, according to the true and only rule, The Word of God. Yet we poor creatures, whom the Lord by his just afflicting hand, hath bereft of all their estates, through severall crosses and losses by Sea and Land, are still afflicted, imprisoned, and oppressed by those, who doubtlesse in their hearts, conceit themselves wiser then their Creator, and by that their phantastick wisdome, endeavour, by most cruell oppression and tyranny, over their brethren (like to the Alcumist) to extract something out of nothing; viz. Satisfaction of debts out of their Brethren, who have nothing, being bereft long before by the just hand of heaven. Onely here is the difference; The Lord after his just judgement inflicted on us, did in mercy suffer us still to enjoy the liberty of our persons, and thereby the future use of [Page 2]our endeavours for subsistence, and the common ayre to breath in; But these most cruel,Mich. 7. [...], 3, 1, 5, 6. mercilesse, unjust, persecuting Nimrods, have not only (by that abominable Statute of Bancrupt) bereft us of all the remainder of our Estates, to the very covering of our nakednesse; but also have most cruelly shut us up in their severall prison houses for 8. 10. 20. yeers 30. yeers together, There their blood thirstie Soules (like so many Cainballs) feeding upon our bodies and lives, thinking to extract satisfaction for their debts out of the very ruins of our poore soules and lives, depriving us (in these their soul-destroying houses) of the very ayre, by the Lord alotted in common to every Creature to breath in, where our conditions is farre worse then the fellons case, who commonly within 2. or 3. moneths after their Commitment to prison, are by the Law, either aquitted of their Imprisonment, or by deprivation of life released out of their miserable sufferings; whereas our misery of Imprisonment for Debt, is contnued many yeeres, and seldome ends, but by a violent (untimely, or naturall) deprivation of our lives in extreame misery.
Shall we the Inhabitants of England, who professe the true Knowledge, Honour, Love, and feare of God, and the Rule of true Christian Charity prove more cruel to our Brethren and fellow Members of the same Common Wealth, then Turkes and Pagans, who knowes not God in a saving way, or the unjust judge in the Gospel who cared neither for God nor man, yet because of the poore widdowes uncessant importunity, he did her justice, by granting her just request, (God forbid) farre be it, from this so knowing a nation, to mock God thus, in slighting, and neglecting him their Just and dreadfull God in these his three chiefest attributes, of Mercy, Judgement, and Justice, in stopping their eares from the hearing lamentable cries, of the oppressed, and becoming dumb to speak in the behalfe of the afflicted, oppressed, and long imprisoned, or to judge their righteous cause in a free current without respect of persons, and yet (with greife of heart be if spoken) our severall uncessant humble requests, have now continued more then Five yeeres, crying, knocking, and calling at the doores of the honourable Assembly of Parliament; for Justice, and Release, from this our unjustly inslaved Thraldome: But hither to have we reaped no fruits of our humble and just desires; For their faces [Page 3]have been hid, & their eares stopped against the cryes of our afflictions, so that (as yet) none of our oppressions and wrongfull sufferings are redressed (as in duty both to God and Man, they ought long since to have bin) and then doubtlesse our enemies had bin long ere this time at peace with us, & the Land should have injoyed rest; For when the wayes of men please the Lord, then (and not till then) shall their very enemies be at peace with them; For what do I require of thee O man saith the Lord; but to execute Justice, to love mercy, and to walk humbly with thy God, to relieve the Widdow, the Fatherlesse, and the stranger, and to let the oppressed, and long imprisoned go free: for in these things I delight saith the Lord: But my soule abhoreth the wayes, of wickednesse, Injustice, Tyrannie, and Oppression.
The long neglect of Justice (I think) hath brought downe these heavie Judgements from the just hand of heaven upon this Kingdome in speciall, where God and his Statutes are so cleerly known, but whether they be as truly practised or not, I refer to your Judgement, and to the due consideration of all such as truly love and feare God.
For now ye purpose to keepe under the People of God for Bond men and Bond women unto you; But are there not with, you even with you, sinnes against the Lord your God? And because we have not from the first sought the Lord, after a due order, and in the true practice and faithfull execution of Justice, Judgement, and mercy: Therefore hath the Lord God made this breach upon us, as at this day to the Kingdomes woe.
The neglect of Justice, Judgment, and mercie (and the practise of the contrary by the Israelites) informed the Lord to become an enemy unto them, to swallow them up by his judgments of Plague, Pestilence, Famine, and the Sword, and also to destroy all their strong holds and places of habytation in the Land, and to increase unto them, Mourning, Lamentation, and Woe, and can we, who are guilty of the same transgressions (if not more) being but wild branches of that Olive tree, presume to receive more favours from the hand of that most just God, then those his peculiar chosen people the Israelites▪ Certainly no, For what measure ye mete unto [Page 4]the poor, afflicted, and oppressed, shall be measured to you again. Oh that there were some just Jehoshaphat, to give som speedy and strict charge, for the due execution of justice, between man and man, in a free current without respect of persons, and without the taking of Fees, Gifts, (alias Bribes) and otherwise stiled New-years gifts. The 2 d. of Chron. 19.5, 6, 7, 9.10. verses. Or that there were in that honourable Assembly, some undaunted zealous Nehemiah, to stand up for the birth-right and just liberty of his brethren (according to the true intent of his being called to that place of trust) & to inforce justice to take its free current without respect of persons (or the wages of Balaam) in despight of all wicked, abhominable, opposers of the same: Nehem. 5.5, 6, 7, 8, 9, 10, 11, 12. verses. And I wish also from my heart, that the 58, and 59. Chapters of Isaiah, the 58. Psalme, the 6. of Jeremiah, and the 22. of Ezekiel, were truly looked into, piously considered, and well weighed by all the Inhabitants of the Land, from the highest euen to the lowest of them, and that they might open their mouthes in the cause of the oppressed, and such as are appointed (by cruelty and tyranny) for destruction, that they might open their mouthes and judge righteousnesse, and plead the cause of the poor and needy.
I will say no more for this present, but onely from my poor oppressed and afflicted soul, most earnestly and uncessantly wish and pray for the prosperity of Sion, and the peace and flourishing state of this Kingdome. Beseeching you also in the bowels of compassion to think upon your afflicted, oppressed, and long-imprisoned Brethren, to cast your eyes upon these inclosed papers; Intituled, An Appeal to Heaven; and the other called, A Declaration and appeal to all the free-born People of England; and then (as the Lord shall direct you) to prove a Moses for our delivery out of this Egyptian bondage of unjust imprisonment, which is the most earnest and humble sute of him who is and will be
Woe unto that Kingdome and people, where the wicked walke on every side (without controul) and the vilest men are exalted to places of eminencie and trust,Isai. 10.1, 2, 3, 4. that they may oppresse and do violence with both hands, yea, that they may the more effectually exercise their cruel tyranny of injustice and oppression (without let or hindrance) upon the poore, the needy, the afflicted, oppressed, and long imprisoned, in especiall upon such as honour, love, and feare God, and most earnestly wish the peace and prosperity of this Kingdome, some such as these have been brought to most untimely ends by Jaylor, and their substitutes, others quite lamed by their Iron fetters, others of them have surfered unjustly, most cruel and heavie afflictions in severall prison houses and denns of cruelty, from some (eminently supports) Jaylors, and their cruel substitutes, yet hitherto none of these oppressed Christians have been righted; but rather discouraged from seeking any redresse, their severall Articles exibited against Jaylors, extreamly slighted, and themselves still exposed to the inhumane rage and unlimited crueltie of these Jaylors, and their hellish substitutes, to be by them (if not murthered) yet beaten, abused, reviled daily, and starved to death, and decreppit by Irons, for instance the prisons of the Kings Bench, the Fleete, and Newgate.
Behould they tread upon the poore, they afflict the needy, they murther the innocent, and crush the prisoners under their feet, before the face of the most high, not regarding the Lord of Hosts, nor his Power, nor his Justice, nor his Judgements, although he hath divided them, in setting the Prince against the people, the Father against the Sonne, and one friend against another, and hath set the sword as a destroyer of them all, yet they still provoke the Lord of Hosts, the God of Justice unto wrath and indignation against themselves, by neglecting the due execution of Justice, Judgements and mercy, in a free current (without respect of persons, and the wages of Balaam) intituled, Fees, Nowyeers-gifts, and Bribes: It seemeth [...] Riddle, not only to me, but also to many thousands in the Kingdome, that the greatest Contest betweene King and Parliament, being for the Liberty of the subiect (and hath been the cause of so much efusian of Christion blood [Page 6]for almost 5. yeers together) the Peers of the Realme constantly enjoying the same, and yet the commonalty hitherto most unjustly debarred of the same, and still inslaved (as formerly) unto the arbitrary will and power of a few mercinarie Lawyers whose profession and gayne inslaves them to the will and disposition of the very worst and skum of men and women, and ingages them (as hirelings) to maintaine their cause at any barre of justice (so called) for the price of iniquity; I meane for their fee of ten or twenty shillings, be the cause never so bace and unjust, so by them mayntained. It is therefore to be considered, whether it be agreeable to justice, and the freedome and prosperity of this Nacion, that the prosperity and flourishing state of a few Lawyers, Atturneys, Jaylours, and their adherents should be preserved before, the just liberty, peace, and well being of this whole Nation and their posterities, and whether it savour of Christianity or any Charity, to inslave your brethren to their works, and unjust wills, & to coope them up (as a bird in a cage) in your prison houses, and not to provide for their subsistence there, or for their determinate time of delivery from thence; but expose them to the oppression of their adversaries, and the severall mercies cruelties of Jaylors and their cruell substitutes for many yeers, or whether the inrichment of a few Lawyers, Atturneys, Solicitors, Clarkes and Jaylors, be to be preferred before the flourishing Peace and tranquility of this whole Nation, and also whether it be according to Gods Law (whose people we professe our selves to be) that justice should not be executed nor administred unto the poore of the Land in particular, nor to all in generall, without the price and reward of iniquity, I meane without paying to Judges, Lawyers, Atturneys, Clarkes, Jaylours, their deputies and servants, their severall great (unjust) exacting Fees, Fees I say, and Newyeers gifts (besides Bribes) for expedition, and setting downe of a sause for hearing, or else it may be staved off by many jugling tricks and devices of our Lawyers from being heard, since the 44th. yeer of Queene Elizabeths Rayne untill this present, especially in the Court of Chancery, where the succeeding Orders (like so many vipers) still eat up and devour all the preceeding Orders, or that Court, and one cause [Page 7]of 40. l. value, produceth at the least 700. severall orders before it be determined, and the expence of that Suite (on the Plaintifs part only) amount unto 2500. l. at the least, these and such like causes (and the severall commitments upon the same) makes Lawyers and Jaylours laugh, and both plaintiff and defendant to come heavily home by weeping crosse, to the utter ruin of them and their posterity, and at the last inforces them to sell their Lands to their Lawyers, and Atturneys. We reade that Samuel judged Jsrael many yeeres, yet we reade not, that he nor any of his Servants and subordinate Officers exacted or rceived any fees and rewards of the people for the administration of Justice, or that the people were barred from pleading their causes (but only by Lawyers, Advocates, and Atturneys) or that ever there were such a generation of men, or Instruments of contention knowne, or appointed by Gods Law, to the overthrowing of many a poore and righteous mans cause, by their severall tricks and unjust devices tending meerly for their owne ends, and self-advantage of private gayne, although to the apparent inslaving of the Nation, and ruine of the People.
Who, but some Lawyers, are (for these 5. yeeres past) conceived to be the only obstructors of Magna Charta, in poynt of the Subjects Liberty, and inslaving their persons in their severall prison-houses, notwithstanding the peoples severall Remonstrances, Petitions, Declarations, and appeales unto the honourable houses of Parliament, and Commonalty of the Land, and instead of reliefe, their miseries have been augmented to them, by the crueltie of Jaylors (who are countenanced) and the poore Prisoners complaints, rejected and themselves discouraged from exhibiting any further complaints against them, for Justice and Reliefe? who but Lawyers make merchandise of Justice, and confine the practise of the same, unto the Latine Tongue, and Pedlars French, like unto the Masse Priests, who in like manner confine the Service of God to the Latine Tongue that they may make merchandise of the word of God, and by keeping the people in Ignorance, inforce them (like slaves) to walke by their light, as the Lawyers and Atturneys do by this Nation; For their Tongues devise [Page 8]mischief, working deceitfully, because they love evill more then good, contention more then Peace, and lying, and swearing, more then to speak the truth, because contention, strife, and debate, is the only thing that brings the price of gayne, Riches, Honour, and Preferment unto their Mill of contention and profession.
The Lord in mercy looke upon the deplorable, afflicted, oppressed, and distressed Estate of this distracted Kingdome, and now at the last (after five yeeres expectation) be pleased to open the eyes, and incline the hearts of the honourable Assembly in Parliament, unto the speedy and free execution and administration of Justice, Judgment, and Mercy, in a cleere current without respect of persons, or the wages of Balam, that so the wrath of God may be appeased, his present Judgements diverted, and the poore, affllicted, oppressed, and long imprisoned, relieved and released, and also inabled to reape the fruits of justice against their oppressours.Psal. 123.4 Psal. 140.3. Psal. 142.6. And the high and honourable Court of Parliament also, thereby cleerly acquitted of and from the severall blemishes fastned on them (not only in this Kingdome but also in other Countries) for the neglect of the due administration of Justice (according to expectation upon their first Summons and convening) and the restoration of the Commonalty unto their just and ancient Birth-right of Liberty, according to Magna Charta, and the late Petition of Right, ratified and confirmed by his now Majesty, more then 4. yeers since.
I do also therefore in all humility, most humbly, and earnestly, implore the high and Honourable Assembly, Piously to consider, That the miseries happening to one man, at one time, may redound to another man the next, and that the same divine hand of power which at the first, did cast us downe into the dust of reproach, misery, and oppression, is also able at his pleasure, to bring the mightiest, the richest, yea, the proudest downe to the like dust of misery, and bands of oppression; Beseeching them also to consider, that if any their carses were the same with us, whether, they then would be willing & contented thus to suffer, & to be oppressed by the indirect practise of the Law, and Tyrannie of Jaylors, and their hellish Instruments; [Page 9]To be by them close imprisoned, put in Irons, starved, yea murthered in Goale (I trowe not) yea, I am confident that they woud account it a great measure of cruelty inflicted on them, or their posterity; and have not many thousands of ancient families in this Kingdome, (by imprisonment) been brought to utter ruine and destruction, and have not I knowne divers personages, nobly desended of very ancient Families in this Kingdome, that have perished miserably in Goal, and their misery not pittied by any, nor their death no more regarded by the Jaylour, nor any his Substitutes, then the barking of a Dogg. These things piously considered (according to the Rule of Christian Charity) it is then to be wished, that the facred Rule of our Saviour Christ might speedily be put in practice amongst the Inhabitants of this Land; from the highest to the lowest of them. To do as we desire others should do to us, and not like Caniballs, out of meere malice and revenge, (and the great gayne by contention) to devoure one another in prison houses, that so the God of Justice, Love, Mercy, and Peace, may receive us againe to mercy, and returne unto us, with healing in his wings.Note this vvell. For behold, wickednesse and oppression shall not deliver those that are given to it, And there is a time wherein one man ruleth over another, to his own hurt, And because sentence against evill doers is not speedily executed; therefore the hearts of the Sons of Belial is fully set in them to do evell with both hands: For they lye in wayte for blood, they haunt their Brethren with the net of cruelty and oppression. The best of them is as a Briar, or as a Thorny hedge unto his poore afflicted Brother; And if it be not so now, who will make me a lyer, and make this my speech nothing worth, J [...]be 24 25. For thus saith the Lord, who art thou, that thou shouldest be afraid of men that shall die, and the Sons of men which shall be made as Grasse, and forgettest the Lord thy maker, because of the fury of the oppressour, as if he were ready to destroy; Feare not the reproach of men, be not dismaid at their lookes, neither be afraid of their revilings; for the Moth and the Worm shall eat them, horrer, coufusion, and eternall destruction shall take hold of them, And where (then) is the fury of the oppressour? I am he that comfort thee; for I am a just, [Page 10]and a righteous God, who bring Princes to nothing, and make all the Judges of the Earth as vanity; Therefore fear not man, whose breath is in his Nosthrils, for wherein is he to be accompted of; Behold I the Lord execute Righteousnesse and Judgement, for all that be oppressed; Therefore be not afraid of their faces, nor of their haughty and proud looks, for I am with thee.
For whatsoever is not of God is from the Divell. But injustice, contention (and the instruments of the same) Oppression, Bribery, imprisonment of men unjustly, starving, and murthering of men in Goal, are not from God; Therefore from the Divell: And whosoever doth them, doth the will of his father the Divell; for he is a murtherer from the beginning, and the grand Enemy to Justice, Love, Mercy, and Peace. Therefore if we be of God, we must then do the works of God, and manifest the fruits of the same. And these are the works of God; To execute justice and judgement, to shew mercy, to relieve the Widdow, the fatherlesse, and the stranger, and to let the oppressed go free. Let us therefore now at the last (by suppressing of Contention, Injustice, Tyranny, and Oppression, and the wicked instruments of the same; And by a speedy administration of justice, judgement, and mercy) try the Lord our God, and see if the Lord will not forthwith powr down his mercies [Page 12]on us, withdraw his present judgements (of Devision, Sword, and Plague) from us, and heal the Land; and so become a father of mercies, a God of comfort and consolation, unto us, and our posterity after us.
It is to be wished, that the Lawes of England favoured of as much justice and mercy, and were but as truly executed without respect of persons, as the Lawes of some Forraign Nations are, & that there were some honest men appointed, for the Visitation of Prisons every first Munday in the Month, for to restrain the cruelty of Jaylours, and to know the causes of mens Imprisonment; To whom the prisoner declaring himself by Petition, declares the reall value of his estate (and as in the presence of God, affirms the contents of his Petition to be the whole truth) unto which the Commissioners then subscribe. Let the Creditors see this Petition, and by the next Visitation day, either disprove the contents thereof, or else the Petitioner to be set free, upon the assignement of the two third parts of the said declared Estate unto them. In the mean time, the Creditors, or party imprisoning the Debtor, are to take care for his subsistence in Goal, and to discharge all just Prison fees.
And if the Creditor happen to disprove the said Debtors Petition before the said Commissioners, and prove that he hath concealed some part of his estate; then (for a punishment to such a deceiver) his whole estate is, by the said Commissioners assigned to the Creditors, and both he, his wife, and children, deprived of their third part of the same; and the said fraudulent Debtor is then also adjudged to stand in the Pillory (and a hole punched or bored through his ear.) But upon the Debtors discovery of his whole estate (be it more or lesse) really and truly, then the Commissioners do forthwith assigne two third parts of the said estate to the Creditors, and the other part thereof unto the said Debtor, for and towards the future subsistence of himself and his wife, and education of his children: And further, that if any Debtor, do of purpose take up goods & monies, with an intent to defraud (and take a prisoner as his surety) by assigning over in trust the said estate to some of his friends (this being proved) then the said Commissioners have power to assigne all the said estate unto the Creditors, prohibiting [Page 13](by proclamation) all persons from paying or delivering unto the said cheating Debtor any monies, goods, or Lands, or to any other persons for his use, but only unto the Creditors; And the said Cheator or fraudulent Debtor, is then also adjudged to stand three hours in the Pillory, and to have then both his Nosthrils slit up (by the common Hangman) or some base Hounds-Cut:) Such a course as this, truly and justly put in execution here in England, would soon increase the number of honest men, and produce (if not inforce) honest and plainer dealing, from, and amongst all men, and it would also destroy the great number of Deceivers, Oppressors, Extortioners, and Gentlemen-cheaters, as well as common-Cheaters, and all Knights of the Post, common Bail-men, and all such cunny-catching deceitfull companions. The opening of this gap (I doubt not) will draw upon me, the rage and malice (if not the curse) of all Knights and Gentlemen Jaylours and their Substitutes, as also the revengefull fury of some evill-minded Lawyers, Atturneys, Clarkes, Soliciters, Sergeants, and Bumbayliffes: From whose Milles (by this meanes) the great gainfull waters of contention, fraud, injustice, and oppression, will be dreyned dry, theit deceitfull craft fall to the ground, and their Goddesse Diana quite drowned in the Sea of Englands Peace and Tranquility.