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 Sir THOMAS FAIRFAX K. (His Excellency) General of all the Forces raised for the regaining of Englands Liberty; the Honorable the Commanders in chief, and others the Commanders and Soldiers of the pious and victorious Ar∣my; Now appearing (as Englands Champions) for the maintai∣nance of Gods honor, and this their native Countries just Liberty, Peace, and Tranquillity.

The humble Petition of all the inslaved Christians in the several Slaughter-house so, this Kingdom (called Gaols and Prisons) being your Brethren & Fellow-Common of England (conceived to be about 10000 in number) imprisoned for Debt, and by Arb••trary Power, and other illegal restraints, contrary to the I aw of God, and all other Nations both Christian and Pagan, and flatly against the Contents of the great Charter of Englands Liberty, formerly purchased, and now againe re∣gained by the blood of many thousands of the Commons of England. In all humility complaining, Sheweth,

THat by the ancient and fundamental common Laws of England a 1.1 declared and asserted by the great Charter of our Liberties b 1.2 Magna Charta, no mans person was to be Imprisoned for Debt, nor his Sureties to be troubled, if the principal Debtor were able to pay: But their Estates on∣ly made liable (in the two third parts thereof) to satisfie the Debt: Which Statute being the inexpugnable fortress of Englands Freedom, Hath not only been 32. times confirmed by several Acts of Parlia∣ment, in former Kings reigns, c 1.3 but also hath been since ratified by our Soveraign Lord King Charls, both by the Petition of Right, 3^o Car. and by Act passed by his Majesties royal assent this present Parliament (Anno 17. Caroli.) Against which Charter, All Statutes and Judg∣ments formerly made or given, or hereafter to be made or given, are d 1.4 by several Acts declared to be null and voyd: e 1.5 And that neither those that are imprisoned for Debt at the Kings suit only, nor any o∣thers committed for Treason, Felony, Murther, or Trespass, before conviction or attainder, ought to be put into Irons, or otherwise to be punished, but only to be safely kept; Prisons being only for custo∣dy and not for punishment to the Prisoners. f 1.6 And whereas by the said common Laws of England, Gaolers that detain their Prisoners in Prison, by colour of right for their fees until they dye, or cause their Prisoners to perish by famine, beating or wounding, by hard usage, strickt or close Duress, or by putting them into Irons or Dungeons which procure their death, are guilty of Homicide or Man-slaughter.

That by the said Laws, Gaolers or Guardians of Prisons are prohi∣bited to spoil their Prisoners of their goods, or to take any thing from them, for, by, or under any pretence of Fees, either at their coming into the Prison or going out g 1.7: And whereas likewise, all manner of Extortions, Oppressions and illegal vexation of Sherifes, Gaolers, and Prison-Keepers, exercised and practiced upon their Prisoners, is strictly prohibited and defended by divers good and wholsome Laws and Statutes of this Realm h 1.8: And Gaolers and Guardians of Pri∣sons (and Sherifes) are to take nothing for the execution of their offi∣ces, but only of the King, except 4 pence to be required and taken of the Prisoner at the time of his discharge and not before, conferred on them by the Statute of the 23. of Henry 6. chap. 10.

That contrary to these good Statutes (and the great Charter of Englands Liberty) the persons of the free-commons of England are still most unjustly and cruelly (for an unlimited time) inslaved in the several Gaols and Prisons, and thereby inhumanly robbed of their just and precious Liberties, Estates and Callings, whereby they, their wives and children are exposed to the cruel wills of their Oppressors, and so become the very spectacle of misery; not pityed by any, nor hitherto by the State regarded nor relieved: Notwithstanding their many se∣veral Petitions (for these 6 years past) presented to them for Release from this Aegyptian bondage. That in pursuance of their uncon∣troubled inhumane cruelties, Gaolers and Prison-keepers have and dayly do inforce from Prisoners their goods and moneys, illegal fees and ex∣cessive Chamber-rent; viz. Fees of a Mark, five Mark, five pound, and ten pound, and for Chamber-Rent from each Prisoner no less then 5 s. 8 s. 10 s. yea from some 20 s. a week, and in the Common Wards, where nothing of Right ought to be by them re∣quired or taken; they exact from each poor prisoner (although two lodged in one bed) no less then 14. pence a week, besides divers others unexpressible exactions. That many hundreds of prisoners have been (as some still are) by Gaolers and Prison-keepers and their hellish Substitutes close imprisoned in Chambers and Dungeons, for divers days, moneths and years, assaulted, beaten, wounded, robbed, and violently at midnight dragg'd out of their own beds and lodged on the cold bare ground; Tormented and decripped by Iron Fetters, starved and violently murthered; yea, some kept in Irons (hands and feet) till their Excrements coming from their body rotted their funda∣ments; Others being by their creditors discharged, are notwithstand∣ing by Gaolers detained in Prison meerly for their own unjust exacting

fees, where many have thus miserably perished: And also usually comi••∣ing Felons & Murtherers with Debtors, contrary to the Statute of safety. Thus Prisons are none other then places of Torment, ruin, and destru∣ction to the Commons of England; and Gaolers and Prison-Keepers none other then tormenters and lawless executioners of their own eruel wils, who, although complained of, yet the Prisoners just com∣plaints are not heard, but they stil suffered to persist in these their cruel illegal courses, and like vipers sucking the vital blood of the poor Pri∣soners, and defrauding them of their Legacies and Collection moneys gathered in every County of this Realm, and Courts of Justice for their relief, they murther the poor innocent, to whom they deny the priviledg which is by them dayly afforded unto Felons.

The premises justly weighed, and for that Imprisonment of the bo∣dy for 10, 20, 30, or 40. years, discounts not one penny of Debt to the Creditor, but only for a time brings the Grist of wicked gain to the Lawyers and Attornies covetous mills of ungodly contention, with inevitable ruin to the Debtor, his wife, children and family; Lawyers, Attornies and Gaolers being none other then poor, distressed, inslaved Englands Canker-worms, and devouring Caterpillers of mens Estates, Liberties and lives. The Law of England being a Law of mercy and preservation to the people, and not a law of Tyranny, Oppression and Destruction, as hitherto it hath been and still is 〈◊〉〈◊〉; By which law the the two third parts only of the Debtors Estate is made liable to the satisfaction of his just Debts, the rest being reserved to the Debtor for his future subsistance and education of his children, and the persons acquitted from future trouble for the same.

Your poor distressed and unjustly inslaved Petitioners do therefore humble beseech you (in the bowels of compassion) to commiserate this their grievous unlimited oppressive condition of being; and according to the rules of justice and charity (and the pious sensibility of your unjustly inslaved Brethrens misery) to be pleased, amongst other your weighty and humble Addresses to the high and honorable Court of Parliament, to present these our grievances & just requests with desire, That according to the fundamental Laws of the land, the persons of all the Commons of England may be restored to their ancient, legal and just Liberties (as at the first); and that the current of Justice may be freely opened to all; That so the poor Commons of England may not still be inforced (by mercenary Lawyers and contentious Attornies) to buy Justice for the corrupt price of iniquity; nor at such high rates as hitherto they have been inforced to do, to the utter

ruin of their Estates, Houses, and Families: Your Petitioners not be∣ing able to acquit themselves from this inhumane slavery, by the abominable, unlimited, chargeable course of the law, practiced by all the mercenary instruments of contention, in Petty-fogging latine and Pedlers French, by these supporters of contention; And also that Gaolers and Prison-Keepers may be regulated in their illegal, unlimited tyrannical power, potency, cruelty, and exactions, that so we and the posterity of this whole Nation being freed from this Aegyptian bon∣dage, may have just cause to eternize the memory of your Excellency and the rest of the honorable Commanders and pious Souldiery (truths faithful Champions) as of the true and faithful restorers of the ancient and just birth-right, and liberty of the inslaved Commons of England: And your Petitioners, their wives, and children, and families (as bound] shal ever pray for a blessing on your faithful endeavors, and for the speedy successes of this bleeding Kingdoms cause by you taken in hand, to Gods glory and Englands Peace and Tranquillity.

Subscribed for themselves, and all others their imprisoned and un justly instaved brethren and fellow-Commons of England, By

• John Baynes.
• Rubine Cunningham.
• Richard Carter.
• John Robinson.
• Richard Raynolds.
• George Bishop.
• Richard Gardner.
• Richard Fletcher.
• Thomas Madgwicke.
• William Hayse.

And I rebuked the Nobles and Rulers, saying, You exact usury every one of his brother, and I set a great Assembly a∣gainst them; For I was very angry when I heard the cry [of the oppressed] and I said, Our flesh is as the flesh of our Bre∣thren, our children as their children: and ••o we bring into bondage our sons and our daughters: And I said, It is not good, that which ye do; ought ye not to walk in the fear of our God, Nehemiah 5.5, 6, 7, 9? But ye have not proclaimed Liberty every one unto his neighbour, Ier. 37.17. For if thy brother be waxen poor and faln to de∣cay, then thou shalt relieve him; yea though he be a stranger, that he may live with thee: Ye shal not oppress one another, Levit. 26.17.35. And ye shal do no un∣righteousness in Judgment: But in righ∣teousness shalt thou judg thy neighbour, Levit. 19.15. Jer. 9.5, 6, 8, 9.

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, * 1.9 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.

To the Honorable the House of Commons in Parliament assembled. [ 1646]

The humble Petition of divers wel. affected Commons of England, in the behalf of their poor inslaved Brethren, languishing in several Prison, with••n this Kingdom. Most humbly sheweth,

THat this Honorable Assembly was pleased some 5. years since to heare the Petition of the poor prisoners for Debt, and to refer the fame to a Committee (whereof Henry Martine Esquire was then Chair∣man) for the drawing up of an Ordinance for their remedy and redress, which was done accordingly, But yet hitherto unhappily obstructed, whereby many poor Prisoners (their wives and children) for want of timely redress, have since perished, and many others are consumed and utterly disabled to subsist. Now for that the said Ordinance was long since resolved on, and by M. Mar∣tine brought into this Honorable House to be read; Yet there hitherto obstru∣cted, so as the hearts of the oppressed (through this long delay) ready faynt

within them, their miseries being thereby augmented, and for that also, a great number, who have with al fidelity served the Parliament, and have not received their pay (Due) are at this present Imprisoned for their debts, which they can no ways satisfy until they have received their arrears for the said servic••, by which means many of them have perished, and the rest likely to perish miserably, and their families to be utterly ruined.

Your poor Petitioners therefore in the bleeding sence of their (unjustly inslaved) brethrens extream sufferings, do humbly pray; That ye the chosen, convened for their deliverance from oppression and injustice, and for the preservation of their just Rights and Liberties, wil now (after so long time of their expectancy (in durance and misery) be pleased forthwith to comiserate their deplorable estates, and according to your duty, the fundamental Law of the Land, and Petition of Right; seriously to consider the premises, and speedily according to justice, to assign unto every of them their just liberty & freedom, from this unjust bondage and slavery; They having long cryed and none have regarded this their unjustly imposed miserable Thraldom; in which not only the present Petitioners, but the posterity of all the freeborn Com∣mons of England are meerly concerned; this being by you accomplished, then not only your Petitioners, but future generations shal be ever bound to call you the blessed instruments of justice, for the Regaining of their ancient and just Rights and Liberties.

Ye shal do no unrighteousness in judgment, Levi. 19.15. Thou shalt not oppress nor vex the stranger, the widdow, the fatherless child, nor the poor. For if thou afflict them and they cry unto me. I wil surely heare their cry: And my wrath shal wax hot, and I wil kill you with the sword: and your wives shal be widdows, and your children fa∣therless, Exod. 22.21, 22, 23, 24. Therefore execute true judg∣ment, shew mercy and compassion every man to his Brother, and oppress not the widdow, the stranger, nor the poor, and let none of you imagine evil against his brother in your heart, and execute the judgment of truth and Peace in your Gates, and love no false oaths Zach. 7.9, 10. Zach. 8.16, 17. Nor sel justice for the price of iniquity as hitherto you have done. vivat rex.

FINIS.

Many more Petitions of the like nature being from time to time pre∣sented, have bin obstructed, and the parties greived, not heard nor releived, but their miserable Bondage rather augmented, and they thereby discouraged from renewing their complaints against these their Aegyptian task-masters, viz. Lawyers, Attornies, Gaolers, and cruel creditors, Distressed, and miserably inslaved, Englands Can∣ker-wormes, and devouring Caterpillers of mens Estates, Liberties, and lives, and formenters of all Contention, Tyranny, and Oppression.

vivat Rex.

Notes

• a 1.1

  Mirror of Justice cha. 5. Int. 1. num. 57
• b 1.2

  9 of Hen. 3. cha, 8.
• c 1.3

  Cooks Instit. 4 part P. 35. Anno 3. Caro. Anno 17. Caroli
• d 1.4

  28 of Ed. 1. c. 1. 42 Ed. 3. cha, 1.
• e 1.5

  Fleta p. 1. c. 26. Bracton P. 3. fol. 105. & 137. Britton c. 5. so. 14. Mirror c. 2. sect. 9. also c. 5 sect. 1. 8 Ed. 2. Fits Coron. 432. 7 Edw. 3. BR. rot. 44.24 He. 8 Di••r 249. P••e Com. 360. Cook l. 3. fo 44 lib. 8. fo. 100. vox plebis P. 55, 56, 57. Op∣pressed mans Oppression P. 2, 3, 4.
• f 1.6

  Mirror c 4. sect. 9.
• g 1.7

  Mirror c. 5. sect. 1. Mirror 52, 53.
• h 1.8

  4 Ed. 3. c. 10 23 He. 6. c. 10. 3 Ed. 1. c. 26. 25 Ed. 3 c. 17. Liberty against slavery so. 4, 5, 7.
• * 1.9

  26 Edw. 3. c. 4.