AMongſt many the Conſiderations I have had of the oppreſſions common amongſt men, this hath ſeemed to me none of the leaſt, That one man is ſuffered to devour another, and that by colour of Juſtice, as in the caſe of Arreſts of mens perſons by colour or debts, before Judgement, or Legal conviction. And hearing of your pious endeavours to beget a Law for Redreſs of ſuch heavie Oppreſſions and Cruelties now uſed in that kind, and the Reforming the Ancient Common Law of England in that particular, Do in my Zeal and Senſe of other mens Sufferings (and that divers times very unjuſtly) repreſent to your view ſome former Collections of mine, of the many inconveniences which attend ſuch Reſtraints, before it doth appear that there is a cleer and juſt Debt.

In the firſt place therefore, I take the Law to have bin fundamentally, That no mans perſon was lyable to Arreſt at the Common Law for Debt, no not upon Execution; which you may ſee 13. H. 4. Fol. 5. That the Statute of 25. Ed. 3. Cap. 17. was the firſt Law that ſubjected the Perſon to Arreſt, in caſe of Debt, the Proceſs before that Law, being Summons, and Capias againſt the Lands.

Vpon all which, or any of the ſaid Accounts, the party that is arreſted muſt be anſwerable to the Action, be the debt never ſo ſmall true, or falſe, and muſt therefore ly in Priſon until he put in bayl: which if in a Corporation, or otherwhere, will be hard for the party Arreſted to procure, if not impoſſible, without troubling his Security for the ſame debt, binding his hands, to free his heels. Beſides, the charge of his Habeas Corpus, in ſuch caſes, to remove himſelf, and put in Bayl above; when as all this while it doth not Judicially appear whether the party arreſted be really indebted or not.

By this means, the Law, (which truly was intended for Redreſs) becomes the deſtruction and ruine of thouſands of Families; and the ſupport and maintenance of under-Sheriffs, Sergeants, Bayliffs, Goalers, and Catch-poles; the latter of which feed upon the miſeries of honeſt men, or grow rich out of others ruines, and the Debtor thereby more diſabled to pay his juſt debts. And M. Horn in his Mirror of Juſtice ſaith, That by ſuch Writs many are destroyed wrongfully: Fol. 233. a. And Fol. 64. b. he ſaith, The Ancient Law of this Kingdom was, That no Judge was to hear the Plaintiffe in his cauſe, if he did not first put Sureties to anſwer his Adverſaries full damages if he complained of him wrongfully.

And the Ancient proceedings in Chancery was, that the Complainant upon exhibiting his Bill, was to enter Bond to prove the Surmiſe thereof; otherwiſe the Defendant was not compealable to anſwer the ſame.

Men are in danger of Arreſt ſeveral waies and means. By Latitat out of the Kings Bench into any County. By Capias upon Original in the Common Pleas. By Capias upon the Exchequer. By Bill upon the Exchequer. By Bill of Middleſex. By Sergeants of the Mace, in Corporations, Towns, and Cities. By Bayliffs of Liberties. By Writs of Priviledges, in nature of Muchmen out of the Chancery. So that the Poor Debtor, nay the non-Debtor, eſt undique circumventus.

When all theſe charges are heaped upon a man under arreſt (perhaps for no juſt debt) it may be but for a ſmall debt: what a heavie oppreſſion is this to be ſuffered in a Chriſtian Common-wealth▪ A Man may call it a common miſery. The debt (if any) is by theſe charges trebled, the Priſoner, his Children, and Family, diſperſed and ruined, the Perſon himſelf made uſeleſs to the Common-wealth, as being bur ••• alive, and more diſabled to pay or ſatisfie his juſt debts and Creditors, then ever before.

Sir, I have known when many poor people have bin put to 10. s. for a ſuppoſed debt of 3. s. 4. d. or a treſpaſs of that value, being Arreſted in the Country 120. miles hence, by a Latitat, to draw a Compoſition, which rather then the poor man will travel to London to anſwer the Suit, ſubmits unto: and this is the ordinary uſe of Atturneys, which get by it 8. s. 4. d. or thereabout, although the Action might be tryed either in the Court Baron of the Manour, or Countrey Court, for two ſhillings ſix pence Charge.

So that in Fees to Judges, Lawyers, Atturneys, Clerks; and others, and by the oppreſſion and extortion of Bayliffs, Sergeants of the Mace, and of Liberties, Goalers and Catch-poles, there is exhauſted 30000. l. per annum at the leaſt, out of the eſtates of Debtors,You may remember the Act this Parl. for taking away the High Commiſſion, and Commiſſary Courts, which was burthenſom to the Subject, in extorted Fees, 10000. per annum. and poor Priſoners, not a penny of their debts payed, their eſtates ruined, and their perſons diſabled for ever, which certainly was never the intent of that Statute, to undermine the common Law, which had mans liberty in ſo light an eſteem, as if it were not lyable to Arreſt for debt.

Sir, I have credibly heard that there hath bin ••• ſed 90000. l. per annum by the profit of Impriſonment of Priſoners in the Fleet there. I pray what out of the Priſoners of the Kings Bench, which hath larger Rules? And what extorted by Goalers, Sergeant of the Mace, in Corporations, by Clerks, and other Officers of the Country, in London, and throughout the Kingdom? And all this out of the livelyhoods, fortunes, and eſtates, of men in a miſerable and wanting condition. And ſurely, thoſe riches cannot be ſaid to be well gotten, which are drawn from men in miſery, which are alwaies as ill ſpent, for it is informed, that of the 90000. l. moſt thereof was ſacrificed yeerly for by Favors, &c. and ſo de caeteris.