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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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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to abuse this Honorable Parlament For it was but one Statute that ever provided this Capias and that is long since repealed as aforesaid and so continueth by more then thirtie three Parlaments and Statutes Neither doth that Statute shew any caus for its provision making beeing or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