A DECLARATION AND APPEALE TO ALL THE FREEBORNE PEOPLE OF THIS KINGDOME IN GENERALL.
And to all the truly Noble, Pyous and well affected Patriots and people of God, within the Cities of London and Westminster in particular, Humbly craving their assistance and furtherance of this just request unto the high Court of Parliament. Made from all the brethren the poore afflicted and oppressed Prisoners (imprisoned for debt,) within the severall Goastes. (Being the Soule destroying Houses, and Dens of Cruelty, Injustice, Tyrannie and Oppression) within this Kingdome of England.

IN all humble manner shewing unto you, That from the first sitting of this Parliament, (the only hopes left unto us next under God) for the suppressing of all Injustice, Tyrannie and Oppression, and for the advancement and opening the doore of time Justice, Iudgement, and mercy to all, in a free currant without respect of persons, according to the Law of God, the fundamentall law of this Land, and the just libertie of the Subject, We have expected our just libertie and inlargement from these severall Dungions of miserie, yet we your poore oppressed Brethren have Still unto this present time been inslaved in our persons, bereift of our Estates, Credites, and Callings, and buried alive in the severall Prison-House within this Kingdome, and Citie of London, And there (by Iaylors) tyrannically oppressed and tormented, contrary to the law of God, the lawes of all other nations, and (as is conceived) against the contents of Magna Charta as appeareth by Register folio 77. de Hommo Replegiando, folio 66. also the 3. of Edward the 1. chap 15, and the 25. of Ed. the 3. chap 4, where it appeareth that the body of no free borne Denison of England is to be imprisoned for Debt. Nice per Legem terrae the 9. of Henry the 3. chap, 29. and the 52. of Henry the the 3. chap, the 5. and the 14. of Edward the 3. chap. 1. and in the Abridgement of Statutes, folio 65. and 6. and by the Petition of Right in the 3. of Charolie. And all Statutes made to the contra­ry hereof (in point of the Subjects liberty) are absolutely void by the Statute of the 42. of Edward the 3. chap. 1.

The imprisonment of men for debt, being justly conceived to be contrary to the late Petition of Right, Ratified by His Maiestie in Anno 1640. and contrary to the severall Oathes, Vowes, Protestations, and Nationall Covenant, and the just and undeniable Priveledge and liberty of the Subject in generall, being also ratified and confirmed, above 30. severall times by the severall Kings of this Realme, and yet (most uniustly) the vertue and priveledges thereof have beene for this long time concealed from the people, and the true use and power thereof perverted, by the indirect practi­ses of coveteous mercenary Lawyers (the instruments of contention and oppression) who prefer their owne unjust gaine and the advancement of their kingdom of contention (and the flourishing state of Iaylors) fair before the iust rights and undeniable priveledges and liberty of the Subiect, which liberty in it selfe tendeth to the honour of God, the advancement of true piety the establish­ment of Love, Unity and peace among the people of this land, as also the tranquillity of this Kingdome, whereas the advancement of their Kingdome of contention and Houses of iniquity, tendeth only to the dishonour of God, and the suppressing of true piety, as also to the breach of the bond of true christian love, Vnity and Peace amongst all men, and to the universall ruine of this King­dome, sutable to the words of late uttered by an eminent Lawyer, who said that it were better that all the Prisoners perished, then that the flourishing state of the Law should decline, this saying be­ing like the words of those Ephesins, who reviled Paul the blessed Messenger of Peace and Mercy, and cryed up still Dyana the Goddes of the Ephesians saying, Great is Dyana the Goddes of the Ephesians, and all this proceeding from the Divell that grand enemie to all true Christian Love, Vnity, and Peace. And thus the wicked walke on every side, when the vilest men are exalted, they are corrupt they have done abominable workes, they speake peaceably to their neighbours, when mischiefe is in their hearts, for they regard not the workes of the Lord, (Even true Justice, Judge­ment, and mercy) but in their hearts they preferr. That the abominable gaine of Injustice and tyrannie, and love to possesse the riches of Oppression, Fraude and Deceit, dispising the Poore and oppressing them, and drawing them before the Judgement Seate, to their utter ruine and deprivation of their Estates and Libertyes.

That your poore afflicted brethren, have often since the beginning of this Parliament, addressed themselves by their severall humble Petitions & Remonstrances unto the honourable court of Par­liament for reliefe against Iniustice, Tyranie & oppression inflicted on them by Lawyers & saylors, and forre releafe of their persons from this slaverie of imprisonment, most uniustly long since fastned upon them, and the posterity of this whole Nation, by the most subtle and indirect practices of brybing Iudges, coveteous Lawyers, seditious Atturnies, Oppressing Iaylors, and their potent ad­herents, but by what uniust and impyous hand we know not, our severall Petitions and Remonstrances have beene hetherto extreamely slighted and obstructed, and we thereby still exposed to all in­iustice, tyrannie, and oppression, and I miserable Languishment in Gaole, where the Iaylors unlimitted power and tyrannie transcends all Regall power, being (in his owne cause) both Plaintife and Iudge, and also Executioner of his owne cruell will upon poore Christians committed to his custodie, and who are also conceived to be supported and countenanced therein by some eminent persons, alied (unto some of them about London)

The which impyous restraint of our persons in Gaole, tendeth to none other end then to the inrichment of Lawyers, Atturnies, Solissitors and Iaylors, and to the utter ruine of thousands of us your oppressed brethren, and of our wives and children, and where also (through the cruelty of Iaylors and their bloudy instruments) divers honest and godly men have suffered untimely ends and most cruell deaths, whose blood (doubtlesse) cryes for vengeance at the hand of God.

That we your oppressed Brethren still hungring and thirsting after our just and precious Liberty, and seeing no fruits of our former severall Petitions and Remonstrances, did in October 1644. address ourselves by our humble APPEALE unto the Reverend Synod of Divines, and thereby humbly craving their favorable furtherance of our Releasement from this our Inslayed thraldom. From whom also we have hetherto received none other Cordiall (for our comfort and hope of Liberty) then a cold comfortlesse Messe of Broth, seasoned only with a few unsavorie Lentalls, whereby we are still exposed to the many and unexpressable Cruelties of Barbarous and extorting Iaylors, and their hungrie blood sucking Substitutes.

The Premises justifie and piously weighed (by all the Commonalty of this land) and for that this slaverie of Imprisonment of men for Debt, (most unjustlie fastned upon us and all the Freeborne people of this Land) tendeth to none other end, then to the utter ruine of us and all our posterities, in their Estates, Credites, Callings and precious Liberties, and only to the Iurichment of Law­yers, Atturmes, Solissitors, Clarkes and Iaylors, and to the advancement of most wicked and ungodly Contention, Injustice, Tyrannie, and Oppression, for which the wrath of God is now come down upon us, under the heavie burthen whereof the whole Kingdoms at present groneth, and by reason whereof Blood toucheth Blood.

Your poore oppressed and afflicted Brethren (And Prisoners for Debt) doe therefore appeale unto you, and most humbly beseech you in the bowels of compassion (and for his sake that hath so derely bought us) to take these our miserable unjust sufferings (and the slaverie fastned on you and your posterities) into your serious consideration, that so by a true and speedy course of Iustice (with­out respect of person this Egyptian slaverie and heavie Yoake of Imprisonment for debt, may be b [...]. That so thereby both you and wee, and all our posterities in generall, may be freed and cleerly acquitted from this bondage of imprisonment, tyrannie and oppression (for all times and ages to come) according to the true contents and meaning of the great and free Charter of Eng­land, being the unalterable and fundamentall law of this Kingdome, (for the liberty of the Subiect,) purchased by the blood of many thousands of our Ancestors.

And that it may be ordered and established, That such Prisoners at present, as have Estates, and make the Prison their Sanctuary (to the defrauding of their Creditors) may by some just and im­partiall course, inforced (out of the two third parts of their estates either in Lands or Goods) to give present satisfaction to their Creditors, and the other third part of the said Debtors Estate to bee reserved unto the Debtor, for and towards the future subsistance of him, his Wife and Famelie, and the Education of his children, and their persons being freed from Imprisonment, may then be take themselves to their former Endeavors and Callings.

And that such poore Prisoners as have beene many yeares since (by their Creditors) berefit of all their estates, credites, callings and liberties, by the helpe of that most cruell and abominable Statute of Bancrout, and are thereby become the most miserable Spectacle of Povertie (through Tyrannie and Oppression) and thier wives and children brought to the state of beggerie. That these may be forthwith acquitted out of Gaole (Maugre the cruelty of Iaylors, their bloody Substitutes and potent Adherents) not suffering them to perish in Gaole meerly forwant of paying the Iaylor his unjust and unlimitted extorting Fees, as many score of poore Christians have done, within the Prison of Kings Bench alone.

Considering also that 10. 20. or 30. yeares imprisonment of the body, discounteth not one penny of debt to the Creditor, but only inableth the Iaylor and his hellish Substitutes (like so many Vipers) to sucke the vitall blood of the poore Prisoners. In which particular, England may send a defyance to all Europe, Asia, Africa and America, to paralell her cruelty inflicted on her brethren and fellow members of the same common-wealth.

[Page] That there may be a Certaine number of honestable Godly men, in every Citie and Town corporate apointed (as it is in Germany and many other countryes) for the weekely visitation of the severall Prisons, to know the just cause of mens imprisonment for debt, and to inquire upon oath the present abilitie of the prisoner, that so thereby the cruell Creditor, the contentious Lawyer. Atturnie and Solissitor, and the oppressing Iaylor, may be prevented from loding of false and fained Actions upon the poore Prisoners, who through their extreame povertie are not able to stop the violent current of this their tyrannie and oppression. Requiring also of the poore Prisoners no lesse then 11. Groates for withdrawing of every Action, besides three halfe pence in the pound for acti­on money, and 3. pence in the pound for Execution money, and besides 28. s. 4. d. by them demanded as a Fee upon the discharge of every Prisoner out of the common Gaole, whereas in truth there is (justlie according to the Statute of Henry the 6.) But 4. d due to the Iaylor upon discharge of the Prisoner. Also besides the 10. s. 6. d. by them extorted from the Prisoner for every dayes libertie by Wrir, and 7. 9. 6. d by rule on the master side, and 3. s. a day of every Prisoner on the Common side, And besides their excessive Chamber rent of 5. s. 8. s. and 10. s. 2 weeke extorted from every Prisoner on the Master side, & in the Rules, together with 20 other severall unjust extorting Fees exacted from the poore Prisoners by these Iaylors and their hellish Substitutes. And all this tendring to the utter ruine of the poore Prisoner his Wife and Children, The defrauding of the Creditors, and to the only Inrichment of Iaylors and their adherents, whose unlimitted power reach­eth far beyond the lawfull power of Soveraignty and exceeds the bounds of Iustice, Reason and Conscience.

And further that if any Prisoner be found to be a defrauder of his Creditors, and upon his examination happen wittingly to perjure himselfe, by concealing his Estate, then the said Commissioners to have power to instict upon such persons convicted Corporall punishment, and then also the said perjured parties Estate, to be disposed of by them to his Creditors, and if a Surpluge there of remaine (after the Creditors satisfaction) then the same to be by the said Commissioners disposed of to the poore.

The reservation of the third part of the Debtors Estate, will prove an incouragement to all, for the disclosing of the whole Estate to the Commissioners and the Corporall punishment of the Frandu­lent Debtor, together with the deprivation of whole Estate, will be a terrour to all evill minded men, (a course usuall in many other Countries) and will doubtlesse prove a thing just and pleasing both to God and man, and beneficiall to the Creditors.

That the murthers and inhumaine Cruelties by Iaylors frequently inflicted on Prisoners may be justly and truly searched out. And that all these accursed Achans in this our Israel may receive their due reward of severe justice, whereby God may be glorified, and the Land acquitted from the guilt of innocent blood, For Israel could not have peace, so long as the Gibionites (slain, by Saul) were unrevenged.

That Iaylors may be forth with restrayned, and by the higher powers, limitted and bounded in their Fees and Demands now most unjustlie extorted from Prisoners. In especiall Sir John Lenthall, who out withstanding the terrour of this Parliament (being supported by some Members of the same as is conceived) hath of late inflicted new oppressions on the Prisoners, and also for the advance­ment of the rent of his seller, & kitchen, inforceth the Prisoners to buy all their meat & drink in the said prison at a far higher price then that which they usually before had it for (abroad at the chandlers.

And that the palpable Malignancie of some eminent Iaylors may be also suppressed, and restrayned in their extraordinary favour, liberty and protection by them conferred upon Papists, Iesuites, Priests, Delinquents and Malignants, and that their rigor and extreame crueltie inflicted on all such as stand well affected to Religion the Parliament and liberty may be restrained, that so God may receive the glorie, your poore Vnjust inslaved Brethren their liberties, and all your and our posterities in generall the hapinesse and comfort to all succeding generations. For behold, now they dis­pise and tread upon the poore, they afflict the needy, yea they eate up Gods people as they eate bread. For we are as a people insnared in holes, buried alive in prison-houses, robbed of our Estates, Cre­dites, Callings and liberty, and yet none saith restore unto them their right (ever their Liberty.)

Wherefore we beseech you by the Mercies of God, and in the bowels of compassion, to remember us that are in bonds (even as bound with us) and all of us that suffer adversity and tribulation, as being your selves also in the body (and by the like oppressions made subject to the same afflictions.) For behold we are all your brethren, Flesh of your flesh, and bone of your bone, Oh, therefore suffer us not to be any longer tormented, oppressed, distressed, inslaved and utterly ruined and destroyed in Prison-houses, being all of them none other but the proper places of injustice, tyrannie and oppression, where they that rule over us make us to howle, and inforce us thereby to wish for the consumation of our dayes out of this vaile of miserie, and places of tyrannie and oppression:

For thus saith the Lord, What doe I require of thee Oh man, but to doe justice, to love mercie, and to walke humbly with our God, to relieve the Widdow, the Fatherlesse, and the Stranger, and to lee the oppressed (and long imprisoned) goe free. Then, (yet not tell then) shall your light breake forth as the Sun, and then (yet not tell then) will the Lord your God have mercie upon you and divert these his present Iudgements from you, and heale the Land, For the Lord our God, is a God of justice, judgement and mercy. Therefore be you mercifull, as your heavenly father is mercifull: obser­ving and perserving in this sacred rule (truly and constantly (even, To doe as you would be done unto.

November 1645.

TO THE RIGHT HONORABLE THE LORDS AND COMMONS ASSEMBLED IN PARLIAMENT. The humble Petition of all the poore Oppressed and Distressed Prisoners within the prison of Kings-Bench, and all other Prisons for Debt, within the Kingdome of England, and principallitie of Wales, Conceived to be about 8000 in number at the least.

Most humbly Complaining, Shewes.

THat your poore oppressed Petitioners, having sundrie times (ever since the beginning of this Parliament) addressed themselves by their severall humble petitions, unto this hono­rable Assembly, for the obtaining of their just and undoubted Rights and Priveledges, (being the liberty and freedome of their persons from the slaverie of Imprisonment fastned on their persons by the illegall practises and unexpressable abuse of Magna Charta, in all which hetherto your Petitioners have reaped no redresse nor release.

That in the 3. yeare of his Majesties raigne, the body of this Common-wealth being sensible of many sufferings, occasioned by the breach of Magna Charta (it being the contract and perpetuall law betweene the King and his Subjects) the Lords and Commons then assembled, petitioned His Majesty for confirmation on of the same (which implyed their consents) to which His Majestic then ascented and since confirmed (which implies an Act) and if to an Act and a legall confirmation, then we humblie conceive and tha [...] most true, that it nullifies all latter Statutes that are made in contradiction thereof, tending to the betraying of the Liberty of the Subject, and the inslaving of their persons and the persons of all their posterities, to all succeeding Generations (which contradiction, wehumblie conceive may seeme too great in the wisedome of this honourable Assemblie) it having beene maintained publiquely therein, that the Subjects must be eased in their persons (being a freeborne people and no Villians nor Slaves) from all illegall excesse, and imprisonment of their persons, against Mag­na Charta, which is our greatest liberty & the only leading Mother-law of this Kingdome, purchased by the blood of many thousands of our Ancestors.

The premises justlie and piously weighed, and for that your Petitioners have beene of late (by many religious and well affected persons in this Citie and Kingdome) Incouraged once more to adresse themselves unto this honourable Assemblie, by this our humble Petition, for release from this their unjust tyrannicall restraint, considering also and duly weighing, that 10. 20. or 30. yeares imprisonment of the body, doth not discount one penie of debt to the Creditor. Your Petitioners therefore humbly pray, that by the wisedom, Iustice, and piety of this honorable Assembly, their persons may be restored to their antient legall and just liberties, as at the first, and the free current of justice opened, that so your Petitioners (notwith­standing their extreame povertie and want of potent friends) may be inabled to partake thereof freely and not inforced to buy it for the price of Iniquity as formerly, and their Estates, if any remaining; may only be made liable, in the two third parts thereof, to satisfie their debts, with some charitable and due consideration first had to the future subsistance of themselves their wives and familie, and the education of their children, A think in it selfe agreeable to the law of God, the rule of Charity and the lawes of many other Nations, that so both they and all their posterities to succeeding Generation, being cleerly acquitted from this Egyptian bondage may have iust cause to blesse the memorie of this honorable Assemblie, and Eter­nise their names, as of the restores of our antient Rights and liberties,

This Petition was before the 6. of October 1645. subscribed by almost a hundred of us the prisoners of Kings-Bench and intended to have been presented from us to the House of Peers within 2. dayes after, but it comming to the knowledge of Sir John Lenthall & his cruel Deputy Thomas Dutson, they then forthwith procured Iustice Whittaker to send a Messen­ger with his Warrant to the prison of Kings Bench thereby requiring James Frese, to deliver that and all his other writings, upon whose refusall, they were then by the said Messenger assisted by Thomas Durson and 4. or 5. of Sir John Lenthalls servants, forcibly taken from the said Iames Frese and are all of them detained from him untill this present, this being the third time that the said Iames Frese hath beene forcibly deprived of his writings by the said Sir Iohn Lenthall his Deputy and servants and by their procurement now at the last, con­trary to all iustice equity and right, and statly against the priveledge, liberty and safety of the Subiect, and in further persuance in his cruelty against all well affected to the Parliament, he the said Sir Iohn Lenthall hath also since caused one Mr. Robert Cratchrod (a prisoner for Debt) to be violently dragged forth out of the common Gaole of Kings Bench and thrust in­to the Common Dungion in the White Lyon, (some times past the County Gaole, but now only a private house) thereby bereaving the poore Gentleman of his Cain and Lodging, as [...](a thing by him usually practised) and all this is done by him, only because the G [...]

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