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A94599 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 ... Baynes, John.; Fairfax, Thomas Fairfax, Baron, 1612-1671. 1646 (1646) Wing T1613C; ESTC R185218 6,403 8

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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 Army Now appearing as Englands Champions for the maintainance 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 regained 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 Mirror of Justice cha 5. Int. 1. num 57 declared and asserted by the great Charter of our Liberties b 9 of Hen. 3. cha 8. 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 only 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 Parliament in former Kings reigns c Cooks Instit 4 part P. 35. Anno 3. Caro. Anno 17. Caroli but also hath been since ratified by our Soveraign Lord King Charls both by the Petition of Right 3º Car. and by Act passed by his Majesties royal assent this present Parliament Anno 17. Caroli Against which Charter All Statutes and Judgments formerly made or given or hereafter to be made or given are d 28 of Ed. 1. c. 1. 42 Ed. 3. cha 1. by several Acts declared to be null and voyd e 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. Oppressed mans Oppression P. 2 3 4. And that neither those that are imprisoned for Debt at the Kings suit only nor any others 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 custody and not for punishment to the Prisoners f Mirror c 4. sect 9. 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 prohibited 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 Mirror c. 5. sect 1. Mirror 52 53. 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 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. And Gaolers and Guardians of Prisons and Sherifes are to take nothing for the execution of their offices 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 several Petitions for these 6 years past presented to them for Release from this Aegyptian bondage That in pursuance of their uncontroubled inhumane cruelties Gaolers and Prison-keepers have and dayly do inforce from Prisoners their goods and moneys illegal fees and excessive 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 required 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 fundaments Others being by their creditors discharged are notwithstanding 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 destruction 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 complaints 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 Prisoners 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 body 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 being 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 bondage 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 against 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 Brethren 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 decay 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 unrighteousness in Judgment But in righteousness 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 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 formerly by several Petitions addressed themselves to this Honorable assembly for their undeniable Birth-right which is their Liberty and aquittance from this unlimitted Imprisonment 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 According to our just Expectation That in the 3. year of the King The body of this Common-wealth being Sensible of many Sufferings Occasioned by the breach of Magna Charta The Lords and Commons then assembled in Parliament Petitioned his Majesty for Confirmation 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 betraying of the Subjects Liberty By inslaving their Persons are absolutely 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 Greater It having also bin maintained in this Honorable assembly That the Commons must be eased in their Persons from this Slavery of Imprisonment being a free born people and no Slaves nor villians Imprisonment being flatly against Magna Charta which is the only foundamental Mother Law of this Kingdom 26 Edw. 3. c. 4. 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 Imprisonment of the body for 10.20.30 or 40. years together discounts 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 Conceive 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