To the right honorable Sir Thomas Fairfax K. (His Excellency) general of all the forces raised for the regaining of Englands liberty ... The humble petition of all the inslaved Christians in the several slaughter-houses of this kingdom (called gaols and prisons) being your brethren & fellow-common [sic] of England ... imprisoned for debt, and by arbitrary power, and other illegal restraints ...

To the right Honorable the LORDS and COMMONS in PARLIAMENT assembled at Westminster. [ 1643]

The humble Petition of divers wel affected Commons of England, in the behalf of themselves and others their inslaved Fellow Commons, imprisoned for Debt and other illegat restraints, within the several Prisons in this Kingdom, conceived to be about 10000. in number (at the least) Complaining, Sheweth,

THat these their fellow Commons Inslaved, having former∣ly, by several Petitions addressed themselves to this Ho∣norable assembly, for their undeniable Birth-right (which is their Liberty) and aquittance from this unlimitted Im∣prisonment fastened on them, and us; And the posterity of this whole Nation, By the covetous Instruments of contention, through their unexpressible abuse of Magna Charta, which is the only Sure Contract and perpetual Law, between the King and his Subjects, In all which They nor We, have hitherto reaped any Redress Accor∣ding to our just Expectation: That in the 3. year of the King, The body of this Common-wealth being Sensible of many Sufferings. Oc∣casioned by the breach of Magna Charta, The Lords and Commons then assembled in Parliament, Petitioned his Majesty for Confirma∣tion thereof (Which Implies their consents to it) To which his Majesty then assented and since Confirmed (Which Implies an Act, and a legal confirmation) whereby we truly apprehend. That all Latter Statutes made in Contradiction thereof. Tending to the betray∣ing of the Subjects Liberty (By inslaving their Persons) are abso∣lutely become Null, and cannot now stand in force, as by the 42. of Ed. 3. c. 1. appeareth; For the lesser must needs give Place to this Grea∣ter. It having also bin maintained in this Honorable assembly, That the Commons must be eased in their Persons from this Slavery of Im∣prisonment being a free born people and no Slaves nor villians, Impri∣sonment being flatly against Magna Charta, which is the only foun∣damental Mother Law of this Kingdom, * 1.1 Purchased (and now again Regained) by the Blood of many thousands of our Ancestors, Freinds and Allies.

The premises Considered, and for that it is wel known, that Im∣prisonment of the body for 10.20.30. or 40. years together, dis∣counts not one penny Debt to the Creditor, but only (For a time) brings Grist to the Lawyers and Atturnies mills of Wicked contention,

Gain to the Cruel-Gaoler and his Substitutes, with Inevitable Ruin to the Poor Debtor (his Wife, children, and Family) who by this Cruelty is Debarred of his precious Liberty; livelyhood, and calling: your petitioners therefore humbly pray, that according to the pious Rule of Justice and Charity, and the fundamental Law of this Land, All the persons of the Commons of England may be Restored to their ancient Legal and just Liberty (as at the first) and the Current of Justice freely opened to all, which your Petitioners humbly Con∣ceive cannot be truly Effected: so long as Lawyers and Atturnies (The Covetous Mercinary Instruments of contention) be permitted to sit in the House, who are Conceived to be the only Obstructors of Justice in this Kingdom. This being done, your Petitioners as also their unjustly Inslaved Brethren wil then (as is hoped) be Inabled to partake of Justice Freely: and not stil be Inforced (by Lawyers and Atturnies) to buy it for the Corrupt price of Iniquity, nor at such high Rates as hitherto they have done, to the utter Ruin of their E∣states, Houses and Families: And that according to Magna Charta, the Debtors Estates, (if any Remaining) may be made Lyable (In the two third parts thereof) to the satisfaction of their Just Debts, By which great Charter, a Charitable Consideration is had to the fu∣ture Subsistence of the Debtors, their wives and children, and also that Prisons may be Regulated, and Prison keepers, abridged of their Illegal, unlimitted, Tyrannical Power, Potency, and Exactions. That so we and all our Posterities being steed from this Aegyptian bon∣dage, may have Just cause to Eternize the memory of his Majesty, and of this Honorable assembly, as of the Restorers of their Ancient and Just Birth-right and Liberty.

Notes

• * 1.1

  26 Edw. 3. c. 4.