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A47058 The crie of blood, or, A confutation of those thirteene reasons of the felicers at Westminster for the maintenance of their illegall capias for debt by which is discovered the great benefit and freedome that will accrew to the people of the common wealth by the reformation of that destructive law / by Joht [sic] Jones of Neyath in Com. Brecon, gent. Jones, John. 1653 (1653) Wing J964B; ESTC R33617 21,569 96

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bastard the Capias to range about by Sea and Land like its its Grandfather the Devil seeking whom it may devour Nay are not the words of the Writ of Summons at the Common Law directed to the Sheriff which any Major or chief Magistrate of any Corporation may upon complaint direct to Sheriff or Sergeant praecipe c. per bonos summonitores that is I command thee to summon A B c. by good Summonitors c. and have their names c and this Writ before mee by such a daie And to what end but that the Summonitors beeing two or more of the ablest Freemen or Pledges of the Jurisdiction undertaking the Summons undertake the goods till the Attachment ensue if they cannot end the matter before as neighbors bound in charitie so to do But these Westmonasterians abhor that and seem neither to know nor willing to admit any charitable end or other Law but their Capias to catch and bring all fish to their net 7. The seventh is but a chip of the sixth and answered before with this addition Is there no trust but where the Capias is or can thrust it self If it bee the caus of trust Justice Equitie c. and such a caus as without which none of these can subsist as they saie it is and both legal and necessarie for this Common-wealth that it seem's the onely Trustee thereof Why is it not warranted or suffered by these men themselvs to peep into their Inns of Court and Chancerie places pretended to bee egress and ingress of Law Justice and Equitie and known to take upon trust more then all the Merchants of England can tell how to recover by the Capias against their persons who make their Inns and their Gaols of the upper Bench and Fleet their Sanctuaries more privileged then those that were so called and used by such debtors as made fraudulent gifts feoffments c. and afterwards withdrew themselvs thither untill the second Statute made the second year of Richard the second granted a Capias to ferret out such Latitants out of such Latebras Such a ferret conceiv wee now to bee necessarie for the Common-wealth and especially for many undon Londoners by trusting such debtors or rather cheaters to fetch them out of their profane Asylums the Fleet Marshalsey their Inns c. instead of that by them commended for the use of the Common-wealth and yet commanded not to meddle with themselvs or their habitations as if they concluded themselvs and theirs to bee no part thereof though will known to bee all forfeited thereunto But how irrational they shew themselvs when they offer reasons to a most wise and circumspect Parlament to persuade them that can onely bee profitable to all which is so unwelcom to them that they cannot endure their own beagles that carrie it abroad to bee their Inmates an hour longer then while they slave and pump them and so make them as fit to bee their Mass-Priests as their prolling Proctors 8. The eighth sheweth these men's desires as well to pervert the Word of God as to subvert the Laws of England and declareth their right as well to the Faggot as to the Halter and their fitness as well for Hell as the Gallows They blush not to saie that they finde presidents and approbations in the Old and New Testaments of like proceedings and greater cruelties against debtors amongst the Jews then is used by them and their Capias here And those saie they were condemned neither by the Romanes that loved Justice nor by Christ The first Scripture they cite is Matth. 5.25 where whosoëver is angrie with his brother without a caus is advised to leav his gift before the Altar and bee reconciled to his brother first and then offer his gift lest at any time the Adversarie deliver him to the Judg and the Judge deliver him to the Officer and hee bee cast into prison where Christ saith unto him Verily I saie unto thee thou shalt by no means com out until thou paiest the utter most farthing wherewith agreeth Lu. 12.58.59 and both with the Parable of the non-solvent servant Mat. 18.25 all these places conclude with the rest of the Scriptures that the debt here meant to bee punished by imprisonment was not a debt of monie borrowed for need and lent for love prophesied to bee don Deut. 15.6 and commanded Matth. 5. and 42. And therefore beeing no action of sin by the Old and New Testament was liable to no action of Law tending to personal punishment or imprisonment but the debt meant here was indeed the dutie of the Usurer Extorter Deceiver Hypocrite c. to forgive their debtors their debts so accrued But Usurie Extortion Briberie c. which were such heinous offences amongst the Jews as still they are or ought to bee with us that they incurred mixt actions in Law worthie of arrests and imprisonments till the uttermost farthing were paied or restored with amends Levit. 6.2 3 4 expoundeth this debt to bee such cleerly and no other Our penal Laws for those offences which make the principal debts void and give the Plaintiff treble for damages or according to the Judge's discretion carrie shadow of that Justice The Context in Matth. 5. declaring our Savior's speeches to the Scribes and Pharisees elswhere called Lawyers Extorters Dissemblers c. and here redargued of their unrighteousness and breaking of the Commandements which they adjudged death to others accompting killing onely such as was don with the sword and him to bee subject to the judgment where they knew that by their own law men that killed in their own defence had sanctuarie that the word Judgment emphatically proceeded with the word The is always used for the general Judgment of God wherefore Christ telling them that killing extend's to him that is angrie with his brother without caus and elswhere to him that suffereth his brother to perish when hee may save him much more then to Fals Judges Extorters Usurers c. who may finde themselves sufficientlie described in him to whom his Lord forgave all his debt which in the last vers of this Chapter as frequentlie elswhere is called as well trespass as debt becaus mixt and compounded with sin more then borrowing or lending of monie until hee extorted from his fellow-servant who ought nothing to him but to his Lord upon whom he had not like compassion as his Lord had upon himself but grew angrie with his fellow-servant without caus and cast him into prison which when his Lord heard he was wroth and delivered the mad Extortor not the meek Debtor to the tormenter c whereof let Extorters Usurers c. take better notice and applie the said Scriptures to t●emselvs and know that the Devil called here emphaticallie the Adversarie is he that delivereth them as the common accuser of sinners whom hee seduceth thereunto to the Judg of Judges and King of Kings the God of Truth Justice and Mercie who except they
fault of the cours of Summóns which requireth but fifteen daies between Process and Process but the fault more then delatorie of the cours at Westminster which requireth long Vacations between Term and Term and removeth more Causes thither in one Term or Vacation then they can end in seven And where they saie Summons are many times fruitless that is never except the Debtor hath nothing to bee summoned by so ought not by any Christian Law to bee looked after but with eies of charitie And why Merchandise and Commerce in this Nation should bee hindered for want of a Capias to arrest and imprison non-solvents to death cannot bee truly demonstrated by any Christian reason since all men know that all other Nations as well Heathens as Christians who never admitted so impious a remedie to recover debts as the Capias finde no hinderance of Trade or Commerce amongst them but onely the Trade of Lawyers and Liers whereof the fewer make the better Common-wealth That former Parlaments provided the Capias for debts as a full and most necessarie remedie for this Common-wealth and that divers Statutes affirm so much appeareth to bee these men's additions to their former mis-informations and endeavors to abuse this Honorable Parlament For it was but one Statute that ever provided this Capias and that is long since repealed as aforesaid and so continueth by more then thirtie three Parlaments and Statutes Neither doth that Statute shew any caus for its provision making beeing or necessitie of its continuance or hath any Preamble at all as all necessarie Introductions of Law usually have but pinneth it self to the Statute made for Accomptants viz. Lords Bailiffs Rent-gatherers and servants that cheated their Masters of their rents and monies committed to their trust to collect and accompt for contrarie to all Laws Justice Equitie Mercie and common honestie all which they falsified and converted their Master's monies to their own use which to answer unto by due cours of Law they commonly durst not abide for shame more then for the debt and therefore became Fugitives from their acquainance so that the Capias was necessarie to staie and fetch them to accompt with their Masters But this pinning or relating this Statute to that seemeth to bee as Master Cook writeth thereof the work of som corrupt Lawyers Members of that Parlament that passed it unexamined except by a Committee which they over-ruled and that is in a few words so huddled up amongst other things as they might bee as soon forgotten by the hearers as read by the Impostors which practise they have used for the unspeakable advantage in all Parlaments that trusted them God bless this from the like and grant it bee not too late wished Howsoëver that venerable Judge and Autor of the Mirror of Justice pag. 283. ca. 5. sect 7. condemneth this Capias and declareth it to bee contrarie to Law and sheweth reasons therefore both there and p. 108. where the Action for accompt is debated and declared to bee mixt in regard of the trust and deceit of the Accomptant deserving therefore to bee prosecuted so far as to bee forced to an accompt but for the debt more then hee hath wherewith to satisfie the Law requireth nothing of him that hath nothing and giveth no recoverie nor other remedie then revenge which God calleth his own And both this Author and the Lord Coke in the Third part of his Institutes agree that the acting and mainteining of things contrarie to Law as Law or lawful is a subversion of the Law and that is no less then High Treason against this State and Common-wealth which case is our adversaries whom wee hereby impeach thereof and crave direction and assistance to indict and prosecute them according to the known Laws in that behalf So far as they may not lose the honor of their Antiquitie which they press so much for and wee confess that for the mysteries of its craft it hath exceeded the Sciences of all their Progenitors in their several faculties for in the art of mencatching there are of them many one who exceed 1. Three Bum-Bailies who by virtue of their Capias can commonly catch but one by the poll at once nor that without vi Armis and loss or hazard of lives by the furie of their passions while our Chamber-Officer can make threescore Capises to catch five times threescore persons without any danger of his own except by the wrath of God which few of them ever feared but are all emboldned by his patience to attempt the catching of a whole Parlament of most wise Senators at once to becom subject in themselvs or their posterities to this Purs-net perswading them to father and maintein this Bastard Capias which knoweth no difference between a Parlament-man and another or between his friend and his foe 2. In the Art of Ambition they exceed their Father the Devil who did but attempt to bee Lord of Hosts whilst these men becom Hosts of Lords and still covet to enlarge their Dominions 3. In the Art of Murthering they exceed their brother Cain who killed but one Abel in all his life time and for that one offence had the curs of God upon him and his seed for ever while these men daily murther many of their brethren with fals Judgments and solace themselves with Angels desile their hands and fill them with bloud yet would bee heard in Parlament when God telleth them hee will not hear them Isa 1.15 and bid's them fill up the measure of their Fathers that upon them may com all the righteous bloud of the Earth from the bloud of Abel c. Mat. 23.32.35 and Luke 11.50 51. concluding v. 52. Wo unto you Lawyers for you have taken away the key of knowledg you entred not in your selves and them that were entring in you hindered Which Scripture wee conceiv may bee fitly applied to our English Lawyers who have taken away the English of our Laws which was the key of our knowledg therein And entred not into the truth thereof themselvs and them that would they hindered until this happie Parlament righted us in that sore against their wils and will as wee hope and they fear further right and free us from their bondage finding that now they have filled the measure of their Fathers that upon them may com and from them may bee required all the righteous bloud of prisoners for debt from the bloud of the first Free-man of England imprisoned for that caus to the bloud of the last that shall perish in prison for the same 4. In the Art of Treason they exceed Judas who with one kiss betraied but one Master to a death fore-ordeined by God's Providence for the life of the world except his desperate betraier and other unbeliever's children of perdition while these men by their daily prevarication and changing their notes since they have deserted the Canonical Organs and Psalmistical Harmonies to the tune of the Organical Canons shrill