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A55915 The prisoners remonstrance. To the right honourable, the Lord Generall Fairfax, and to his Councell of War, to all the officers and souldiers of the Army, and to every free-born commoner of England The humble remonstrance and complaint of all the prisoners of this nation for debt, in the severall goales and slaughter-houses of this land. 1649 (1649) Wing P3521; Wing H3602; ESTC R235076 6,562 10

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is usually a comfort to those in affliction we are become so much the more sensible of the hardnesse of our present condition It were endlesse to remonstrate unto you the many severall orders and expresses that have issued out unto a selected Committee of that House for a speedy dispatch and drawing up of an Act for our release and how many severall times it hath been imprisoned and recommitted again upon meer delusive objections on purpose to protract the miseries of the afflicted what a profound diseased Lethargy did it fall into about the year 1642 from whence it received a resurrection reviver in the year 1645 since which time it hath been tossed like a giddy ball from one hand to another by the Members of that house to this day sometimes awakened with a suddain Alarum of pretended rights and again laid asleep as oppressed with two much watchfullnesse untill at last it fell into the hands of Col. Martin and from him to Col. Rigby which for some amendments was recommitted after that into the hands of Mr. Lechemore where it was like to have been buried in everlasting silence but after many long demurres it was recommitted to Col. Rigby who after some amendments reported the same unto the House yet by Mr. Speakers obstruction as Mr. Lechemore affirmed it received a new Commitment poore thing for its faults no doubt as well as the poor prisoners and committed it into the hands of Mr. Reynolds who by the former unnecessary delaies spun out the length and time of the last Terme in promises and repromises Protractions and Rejoynders whereupon on the 17. of July last M. Whitlock made some objections against it and upon his motion it was referred to a new Committee where Colonell Martin had the Chaire who on the 23. of July reports the same into the house again but it was then ordered to be reported on Friday afterwards thereupon the 27. of the same moneth after the report reading thereof it was again recommitted into the hands of M. Martin and Mr. Fell who reported the same into the House the third of this instant August but it was put of untill Munday afterwards and on the seventh of this moneth againe reported and againe delayed untill the morrow morning but not reported untill the eighth of this moneth whereupon the House made two severall Orders First for a Commission ● Grace for the release of such as cannot pay their debts and the M. Garland do bring the same into the House the next morning which is not yet performed the other was that after the fin and second time reading of the Act it was again recommitted to the same Committee who were ordered to sit de die in diem an● to report the same with speed and yet that Committee hath never met at all unto this day and we are confident never intend to doe Gentlemen what shall we say unto you the potency of the Marshall of the Kings-Bench M. Speakers elder brother the power of the Warden of the Fleet with the same person and all Lawyers is so great and their bribes so large that we feare some persons have seen a vision of Angells lately upon which two wheels of the Kings-Bench and Fleet the very doores and orb of this Common-wealth doth move and turneth round and from which is extracted in one yeer out of prisoners pockets many thousand pounds to the upholding of that wretched and abominable kingdome of contention and oppression in the Law as the Puteus inexhaustus of this Nation a well that can never be drawne dry It were innumerable to reckon up the many Petitions and Addresses which have been made by the imprisoned Souldiery unto the House of Commons in this nature and to their Committees Sub-Committees the Councell of State the Committee of Indempnity by Letters Advocates Suits and unexpressible humilities and demonstrations of our endlesse groans and miseries wherein we are become the unmerited objects of scandall and contempt and our persons exposed without remedy to the mercilesse rage of many hard-hearted persons whose revenge would reach those black Parliamentary objects sitting in the clouds Psa 82. to the end if they were within the compasse of their power wherein our misery is yet more lamentable that we who have undergone the utmost of all dangers for them and in whose service we have consumed and spent our estates and lost the dearest blood of our selves children brothers cousins and friends in their cause yet we are left naked open and bare and exposed to the mercy of a malignant crew of infernall Machiavells notwithstanding the many Contracts Vowes Oaths Declarations and promises of protection from their revenge and although we are become Creditors to this Parliament in such large and ample sums of money in severall loans and various debts accruing and depending upon our service since the transaction of these bloody warres Bracton See the Plea of the Crowne 1. p. 31. Gentlemen we desire you to consider that all Lawes are comprehended under a threefold division 1. The Law of Nature 2. The Law of God of Faith or of the Gospell And 3. The Law of Man made upon the dictates of right reason The Law of Nature requireth of us not to do that to another man which we will not have done to our selves to render to every man his owne and to confirme and distinguish his inheritance birthright propriety and possession the Law of God is a law of love upon which principle all Statutes Acts of Parliaments and Constitutions made and used for the Government of the people are founded and whatsoever is against this Law hath ever by the worthy Sages of our Law been declared void Thirdly the Laws of men and the Municipall Lawes of this Realme have not their progeny from men Alured Alfred Athelstan Edmundus Edgar Canutus Mirror of Justices made by Andrew Horne Edward the Confessor Henry the first called Beuclerke were the chiefe promoters of many necessary and good Lawes yet if we looke into them we shall find that most of them have their originall from a higher power even from the Law of God and of Faith and although Historians to please the Successors and lovers of the Norman yoke and tyranny write that the originall of our common Lawes flowed first out of Normandy yet that is not true in generall for although the Conqueror introduced severall Lawes from thence yet seeing that the spirits of the English would not be bounded within such unnaturall Prerogatives without a bloody and uncertain war was content to suffer the English Saxon Lawes to remain in force and be hereditary to the Common-wealth of England amongst which all imprisonments for debt was utterly against the great Charter of the English Liberties Mirror of Justices p. 27.28.29.30.192 and never came in force but in speciall cases untill Henry the seventh and eighth introduced on the freedome of the people by a prevailing party of wilful Lawyers since which time our